In civil litigation, most lawsuits are resolved by the voluntary agreement (settlement) of the parties (litigants) before the judge, jury, or arbitrator decides how the case should be resolved. But if a case goes to trial and the judge or jury decides how the case should be resolved, one or more parties to the lawsuit may appeal that decision to a higher court—usually a court of appeals, whether in the state court system or the federal court system.

And one or more of the parties who are dissatisfied with the decision of the court of appeals generally may ask the highest court in the jurisdiction (state court or federal court) to review the decision of the lower court(s). The highest court in the state court system is often called the supreme court—but in some states it has a different name—for example, in New York it is called the New York Court of Appeals. And in the federal court system the highest court is the United States Supreme Court.

There are different standards by which higher courts review the decisions of lower courts, and these are known as standards of review. In many cases appellate courts are required to give deference to the decision made by the jury or the lower court. These decisions are reviewed for an abuse of discretion, and the higher court will only reverse the lower court’s decision if it determines the lower court abused its discretion. And in some states certain decisions made by the lower court or the jury are reviewed using a substantial evidence standard, and the question for the higher court is whether there is substantial evidence to support the decision of the lower court or the jury. Finally, some decisions are reviewed without giving deference to the decision made by the jury or the lower court, and this standard of review is called de novo review.

Similarly, in criminal prosecutions, the prosecution (state or federal government) or the defendant (person or entity) may generally appeal the decision of the jury or judge to the intermediate appellate court (often the court of appeals), and ultimately to the highest court (often the state supreme court, or the U.S. Supreme Court, or other court of last resort).

In North Dakota, as in other states, civil litigation often concludes with a settlement between the parties before a trial verdict is reached. However, if a case proceeds to trial and a decision is rendered by a judge or jury, the losing party has the right to appeal to a higher court. In North Dakota, the next level of appeal after the district courts is the North Dakota Supreme Court, as the state does not have an intermediate appellate court. The North Dakota Supreme Court reviews the lower court's decision and can affirm, reverse, or remand the case. The standards of review used by appellate courts include 'abuse of discretion,' 'substantial evidence,' and 'de novo.' An 'abuse of discretion' standard is applied when reviewing factual determinations and matters of discretion, where the appellate court will not overturn the lower court's decision unless it was unreasonable or arbitrary. The 'substantial evidence' standard is used to determine if the lower court's decision was supported by enough evidence. 'De novo' review is used for questions of law, meaning the appellate court gives no deference to the lower court's interpretation and decides the issue as if it were being considered for the first time. In criminal cases, both the prosecution and the defense have similar rights to appeal decisions to the North Dakota Supreme Court, and if necessary, to the United States Supreme Court, which is the highest federal court in the country.