Comparative law notes
Although the common law concept of "appeal" shares the same purpose as a Berufung - allowing an aggrieved party the opportunity to challenge a mistake made in the first proceeding - the scope of the concept is quite different; namely, that the German appeals court (Berufungsgericht) is not restricted to questions of law as a US or UK appeals court would be, and can actually investigate and hear new factual evidence as well. Since there is no elegant way of explaining this distinction in a succinct neologism, we recommend using the term "appeal" as a translation and placing the German term "Berufung" in a parenthesis after it is first used and then perhaps dropping a footnote in the English translation that explains this special feature (an appeal to review again both the law and factual evidence).
