CHILE Law and Practice Contributed by: José Miguel Valdivia, Juan Francisco Sánchez, José Tomás Blake and Tomás Izquierdo, Valdivia Legal
15.4 Rehearing of Appeal? In theory, the appeal takes the form of an appeal on legal grounds (or some other standard). This means that the focus is solely on the legal aspects of the original decision, such as whether the law was applied correctly or if proper legal procedures were followed. In this context, the appeal does not involve re-evaluating the facts of the case. It reviews the legal basis of the initial judgment, allowing the appellate court to assess the application of the law without reconsidering the evidence presented in the original trial.
the Court of Appeals as the Supreme Court has exclusive jurisdiction. Environmental issues were initially also intend - ed to be handled solely by the Supreme Court. However, judicial practice has altered this insti - tutional intention, allowing some environmental matters to be appealed to the Court of Appeals as well. 15.3 Permission to Appeal If the lower court denies the appeal, the Civil Procedure Code of 1902 provides litigators with extraordinary remedies. Specifically, if an appeal is denied, parties can file a recurso de hecho . At the same time, a recurso de falso hecho is avail- able if the appeal is granted when it should have been dismissed. These extraordinary remedies enable litigants to seek further recourse from higher courts, ensuring they have the opportu - nity to challenge decisions that may have been improperly adjudicated.
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