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==Etymology==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] appel, from Anglo-French apel, from apeler
*Date: [http://www.wikipedia.org/wiki/13th_Century 13th century]
==Definitions==
*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]]
==Description==
The specific procedures for appealing, including even whether there is a [[right]] of appeal from a particular [[type]] of [[decision]], can vary greatly from country to country. Even within a [[jurisdiction]], the [[nature]] of an appeal can vary greatly depending on the type of case.
An [http://en.wikipedia.org/wiki/Appellate_court ''appellate court''] is a [[court]] that hears cases on appeal from another court. Depending on the particular legal rules that apply to each [[circumstance]], a party to a court case who is unhappy with the result might be able to [[challenge]] that result in an appellate court on specific grounds. These grounds typically could include errors of [[law]], [[fact]], or procedure (in the United States, [http://en.wikipedia.org/wiki/Due_process due process]).
In different [[jurisdictions]], appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.
==Who can appeal==
A party who files an appeal is called an appellant or petitioner, and a party on the other side is called a respondent (in most common-law countries) or an appellee (in the United States). A cross-appeal is an appeal brought by the respondent. For example, suppose at [[trial]] the judge found for the plaintiff and ordered the defendant to pay $50,000. If the defendant files an appeal [[arguing]] that he should not have to pay any [[money]], then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $200,000 instead of $50,000.
The appellant is the party who, having lost part or all their claim in a lower court [[decision]], is appealing to a higher court to have their case reconsidered. This is usually done on the basis that the lower court judge erred in the [[application]] of [[law]], but it may also be possible to appeal on the basis of court misconduct, or that a finding of [[fact]] was entirely unreasonable to make on the [[evidence]].
The appellant in the new case can be either the plaintiff (or claimant), defendant, or respondent (appellee) from the lower case, depending on who was the losing party. The winning party from the lower court, however, is now the respondent. In unusual cases the appellant can be the victor in the court below, but still appeal. For example, in Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158, the claimant appealed (successfully) on the basis that, although he won in the court below, the lower court had applied the wrong [[measure]] of damages and he had not been fully recompensed.
An appellee is the party to an appeal in which the lower court [[judgment]] was in its favor. The appellee is required to [[respond]] to the petition, [[oral]] [[arguments]], and [[legal]] briefs of the appellant. In general, the appellee takes the procedural posture that the lower court's decision should be affirmed.
==Ability to appeal==
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 may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision. A good example of this is the [http://en.wikipedia.org/wiki/U.S._Supreme_Court U.S. Supreme Court] in which at least three justices must agree to hear the case if there is a [[constitutional]] issue.
In [http://en.wikipedia.org/wiki/Tort tort], [http://en.wikipedia.org/wiki/Equity_(law) 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 [http://en.wikipedia.org/wiki/Double_jeopardy double jeopardy] principle, in the United States the state or prosecution may never appeal a [[jury]] or bench [[verdict]] of acquittal. But in some [[jurisdictions]], the [[state]] or prosecution may appeal as of right from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion. Likewise, in some [[jurisdictions]], the state or prosecution may appeal an issue of law by leave from the trial court and/or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally. All parties must present grounds to appeal, or it will not be heard.
By [[convention]] in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the [[court]] [[hierarchy]]. This is not always true, however. In the United States federal courts, the parties' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the United States Supreme Court.
[[Category: Law]]
==Etymology==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] appel, from Anglo-French apel, from apeler
*Date: [http://www.wikipedia.org/wiki/13th_Century 13th century]
==Definitions==
*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]]
==Description==
The specific procedures for appealing, including even whether there is a [[right]] of appeal from a particular [[type]] of [[decision]], can vary greatly from country to country. Even within a [[jurisdiction]], the [[nature]] of an appeal can vary greatly depending on the type of case.
An [http://en.wikipedia.org/wiki/Appellate_court ''appellate court''] is a [[court]] that hears cases on appeal from another court. Depending on the particular legal rules that apply to each [[circumstance]], a party to a court case who is unhappy with the result might be able to [[challenge]] that result in an appellate court on specific grounds. These grounds typically could include errors of [[law]], [[fact]], or procedure (in the United States, [http://en.wikipedia.org/wiki/Due_process due process]).
In different [[jurisdictions]], appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.
==Who can appeal==
A party who files an appeal is called an appellant or petitioner, and a party on the other side is called a respondent (in most common-law countries) or an appellee (in the United States). A cross-appeal is an appeal brought by the respondent. For example, suppose at [[trial]] the judge found for the plaintiff and ordered the defendant to pay $50,000. If the defendant files an appeal [[arguing]] that he should not have to pay any [[money]], then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $200,000 instead of $50,000.
The appellant is the party who, having lost part or all their claim in a lower court [[decision]], is appealing to a higher court to have their case reconsidered. This is usually done on the basis that the lower court judge erred in the [[application]] of [[law]], but it may also be possible to appeal on the basis of court misconduct, or that a finding of [[fact]] was entirely unreasonable to make on the [[evidence]].
The appellant in the new case can be either the plaintiff (or claimant), defendant, or respondent (appellee) from the lower case, depending on who was the losing party. The winning party from the lower court, however, is now the respondent. In unusual cases the appellant can be the victor in the court below, but still appeal. For example, in Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158, the claimant appealed (successfully) on the basis that, although he won in the court below, the lower court had applied the wrong [[measure]] of damages and he had not been fully recompensed.
An appellee is the party to an appeal in which the lower court [[judgment]] was in its favor. The appellee is required to [[respond]] to the petition, [[oral]] [[arguments]], and [[legal]] briefs of the appellant. In general, the appellee takes the procedural posture that the lower court's decision should be affirmed.
==Ability to appeal==
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 may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision. A good example of this is the [http://en.wikipedia.org/wiki/U.S._Supreme_Court U.S. Supreme Court] in which at least three justices must agree to hear the case if there is a [[constitutional]] issue.
In [http://en.wikipedia.org/wiki/Tort tort], [http://en.wikipedia.org/wiki/Equity_(law) 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 [http://en.wikipedia.org/wiki/Double_jeopardy double jeopardy] principle, in the United States the state or prosecution may never appeal a [[jury]] or bench [[verdict]] of acquittal. But in some [[jurisdictions]], the [[state]] or prosecution may appeal as of right from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion. Likewise, in some [[jurisdictions]], the state or prosecution may appeal an issue of law by leave from the trial court and/or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally. All parties must present grounds to appeal, or it will not be heard.
By [[convention]] in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the [[court]] [[hierarchy]]. This is not always true, however. In the United States federal courts, the parties' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the United States Supreme Court.
[[Category: Law]]
