ABSTRACT
The appellate process is fundamentally different from the trial process because trials and appeals have different functions. The function of trials is to determine whether a criminal defendant is guilty or innocent and whether a civil defendant is liable to the plaintiff, based on the consideration of questions of fact. It was a question of fact whether the substance that Stan Johnson sold to a state trooper was cocaine; it was also a question of fact whether Shannon Peterson fell while skiing because of ice or because of blowing snow from a snowmaking “gun.”