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  • Term: appeals
    Key Words: ,
    Related Terms:

    appeals!


    appeals

    Comprehensive Analysis



    1) "Appeals" -- As to appeals

    1ap·peal
    Pronunciation: &-'pEl
    Function: noun
    Etymology: Middle English appel, from Anglo-French apel, from apeler
    1 : a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court
    2 : a criminal accusation
    3 a : an application (as to a recognized authority) for corroboration, vindication, or decision b : an earnest plea : ENTREATY <an appeal for help> c : an organized request for donations <the annual appeal>
    4 : the power of arousing a sympathetic response : ATTRACTION <movies had a great appeal for him>
    Pronunciation Symbols

    It has been suggested that Mandate (law) be merged into this article or section. (Discuss)

    An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. In common law jurisdictions, most commonly, this means formally filing a notice of appeal with a lower court, indicating one's intention to take the matter to the next higher court with jurisdiction over the matter, and then actually filing the appeal with the appropriate appellate court.

    • 1 Who can appeal
    • 2 How an appeal is processed
    • 3 United States
    • 4 See also
    It has been suggested that appellant and appellee be merged into this article or section. (Discuss)

    A party who files an appeal is called an appellant, and a party on the other side is an appellee or respondent or, in some jurisdictions, the party who files is known as a petitioner and the party being sued is designated the respondent. Cross-appeals can also occur, when more than one party to a case is unhappy with the decision in some way, often when the winning party claims that more damages were deserved than were awarded.

    An appeal as of right is one that is guaranteed by statute or some underlying constitutional or legal principle. The appellate court cannot refuse to listen to the appeal. An appeal by leave or permission requires the appellant to move for leave to appeal; in such a situation either or both of the lower court and the appellate court have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

    In tort, equity, or other civil matters either party to a previous case may file an appeal. In criminal matters, however, the state or prosecution generally has no appeal as of right. And due to the double jeopardy principle, the state or prosecution may never appeal a jury or bench verdict. But in some jurisdictions, the stat..."



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