In the legal sphere, one of the most frequent mistakes made by the parties is to consider that the Supreme Court can act as a third instance in a judicial process. However, this is not correct. The appeal in cassation is not designed to review the facts or evidence presented in previous instances, but to resolve questions of legal interpretation. In this article, I will explore in detail what this appeal entails and how the Supreme Court should act according to the principles of law.
The appeal in cassation
The appeal in cassation is a procedural tool that allows the parties to a lawsuit to appeal to the highest court in the land (in this case, the Supreme Court) with the aim of resolving a question of law.
Instead of reviewing the facts or evidence of the case, the Supreme Court focuses on specific legal questions: was the law correctly applied in the decisions of the lower courts?
This appeal should not be confused with an appeal, in which both the facts and the evidence presented at trial can be reviewed. In the cassation appeal, the Supreme Court limits itself to assessing whether the lower courts correctly interpreted the law and whether the applicable constitutional principles were respected.
The Supreme Court does not review your case as such
One of the most common misconceptions is the belief that the Supreme Court can review the facts of a case as if it were a third instance. However, this is not true. The Supreme Court does not have the power to examine evidence, evaluate witnesses or review the assessment of the facts made by the lower courts. In other words, it cannot overturn a ruling based on a different analysis of the facts of the case.
The Supreme Court’s main function is to interpret the law. In this sense, its job is to ensure that the legal rules are applied uniformly and correctly throughout the country. If a lower court has made an error in interpreting the law, the Supreme Court can rectify that interpretation and establish a clear legal criterion.
Legal principles
The appeal in cassation is based on fundamental principles of law, such as legal certainty and uniformity in the interpretation of the rules. The Supreme Court’s mission is to ensure that the law is applied consistently in all courts throughout the country, which is essential to maintain public confidence in the judicial system.
For example, if a lower court has interpreted a law incorrectly or applied a rule inappropriately, the appeal allows the Supreme Court to rectify that interpretation, providing new case law to serve as a guide for future cases. In this way, the Supreme Court ensures consistency in the application of the law and prevents contradictory decisions in different courts.
Extraordinary appeal
An appeal in cassation is an extraordinary remedy. It is not appropriate in every case and, furthermore, it is a document that will rarely be admitted for consideration by the Supreme Court. First of all, the document has to meet very strict requirements before the Supreme Court will even begin to consider the appeal itself. Legally speaking, it is one of the most technical pieces of work that a lawyer can prepare. Before deciding to lodge an appeal in cassation, you have to consider carefully whether it is feasible in your case.
Selena Escandell Beutick