I am not quite sure you entirely understand what an appeal is. An appeal is when you lose a case in a lower court and then submit it for a re-ruling to a higher court. No method of ruling on a case can ever in any way shape or form prevent someone from filing an appeal. The only thing that can (and does) prevent some cases from being appealable is when it is ruled on by the highest level of court that will see such a case. So, if you are a US citizen, a case in which you are suing someone can't very well be appealed to the US Supreme Court (unless you are making a suit that would begin there, which is a special case) because it does not hear petty (as in, not against government officials or government agencies (or states themselves
) law suits. I hope I explained that correctly.
IANAL, afterall (and if you don't know what that acronym means, not my problem
- search on Shrapnel
).
Judges do use common sense. But, common sense is entirely subjective, and what seems common to you is not necessarily common to everyone.