Changes

==Etymology==

==Etymology==

[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] appel, from Anglo-French apel,  from apeler

[https://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]

*Date: [https://www.wikipedia.org/wiki/13th_Century 13th century]

==Definitions==

==Definitions==

*1 : a [[legal]] proceeding by which a case is brought before a higher [[court]] for review of the [[decision]] of a lower court

*1 : a [[legal]] proceeding by which a case is brought before a higher [[court]] for review of the [[decision]] of a lower court

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.

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]).

An [https://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, [https://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.

In different [[jurisdictions]], appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.

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.

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==

==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.

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 [https://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.

In [https://en.wikipedia.org/wiki/Tort tort], [https://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 [https://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.

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]]

[[Category: Law]]