Why do appeals courts deal with only legal issues?
Many litigants misapprehend the role of appellate review. The judicial system distinguishes between issues of fact and issues of law. The trial jury (or judge when no jury is used) determines the facts of the case, while appellate courts review only the legal aspects of the case. One reason that appellate courts do not reopen the facts in a case is that the jury and trial court occupied a better position from which to judge the credibility of the evidence presented. Example: Assume Andy is a witness in a criminal trial that testifies that the criminal defendant was with him on the night of the crime. Although his words clearly state that the defendant spent the evening assembling care packages for charity causes, he shifts around in his chair a great deal. Additionally, his voice shakes and he sweats profusely. If the appellate court reconsidered the evidence from the transcript, it might find the testimony more persuasive without knowledge of the witness’s suggestive body language and
