Appeal

Appeal in the United States

Contents:

A request to an appellate or superior court to review a final judgment made in a lower court. Appellate jurisdiction is the power conferred upon appeals courts to conduct such a review. It empowers the court to set aside or modify the lower court decision. An appeals court has several options in reviewing a lower court decision. It may affirm, which means the lower court result is correct and must stand. The appeals court may, on the other hand, reverse or vacate, which means that it sets aside the lower court ruling. Vacated judgments are often remanded to the lower court from which they came for further consideration under terms of the appeals court ruling. If an appellate decision overrules a precedent, it supersedes the earlier decision and the authority of that decision as a precedent. A party seeking appeal is typically referred to as the appellant or Petitioner (Apellate Judicial Process), while the party against whom an appeal has been Filed is the appellee or respondent. Appellate jurisdiction is distinguished from original jurisdiction. In the former, some other court or agency must render a judgment in a case before an appeal can be sought.

See Also

certiorari, 261;

Discretionary Jurisdiction (Apellate Judicial Process) Judicial Review (Apellate Judicial Process); MANDATORY

JURISDICTION, 275; Original Jurisdiction (Apellate Judicial Process).

Analysis and Relevance

Appeals courts are generally structured on two levels. One is an intermediate court that handles cases first, and the other is a supreme court or court of last resort. Appellate jurisdiction is conveyed through constitutional or statutory mandate. Federal appellate jurisdiction is granted by Article III of the U.S. Constitution, which says that the Supreme Court possesses such jurisdiction “both as to law and fact, with such exceptions and under such regulations as the Congress shall make.” Appeals may be undertaken as a matter of right. The appellate court that hears First round appeals typically has Mandatory Jurisdiction (see). That is, it must review the case. Appeals that follow from that occur at the discretion of higher level appellate courts. The writ of certiorari is a discretionary means of access to the U.S. Supreme Court. Even review as a matter of right is subject to some discretion by the Supreme Court through the writ of appeal. The party seeking appeal has a right to review, but the Court may reject the appeal for, among other reasons, lack of a substantial federal question.

Notes and References

  1. Definition of Appeal from the American Law Dictionary, 1991, California

Appeal Definition

(Pr. appe/er, to call). In Practice. The removal of a cause from a court of inferior to ore of superior jurisdiction, for the purpose of obtaining a review and retrial. Ellsworth, C. J., 3 Dall. (U.S.) 321; 7 Cranch (U.S.) 110; 10 Pet. (U.S.) 205; 14 Mass. 414; 1 Serg. & R. (Pa.) 78; 1 Bin. (Pa.) 219; 3 Bin. (Pa.) 48. It is sometimes used as meaning generally the removal of a cause to a higher court (4 N. J. Eq. 137), and in this sense it includes writ of error (1 111. 334). It is a civil-law proceeding in its origin, and differs from a writ of error in this, that it subjects both the law and the facts to a review and a retrial, while a writ of error is a common-law process which removes matter of law only for re-examination. 7 Cranch (U.S.) 111. On an appeal, the whole case is examined and tried, as if it had not been tried before; while on a writ of error, the matters of law merely are examined, and judgment reversed if any errors have been committed. Dane, Abr. Appeal. The word is used in the sense here given both in chancery and in common-law practice (16 Md. 282; 20 How. [U.S.] 198), and in criminal as well as in civil law (9 Ind. 569; 6 Fla. 679); and in many states the writ of error has been abolished, and appeal established as the ordinary method of review in all cases, the scope of the reviewing varying in the different states. In Old Criminal Practice. A formal accusation made by one private person against another of having committed some heinous crime. 4 Bl. Comm. 312. In Legislation. The act by which a member of a legislative body who questions the correctness of a decision of the presiding officer, or chair, procures a vote of the body upon the decision.

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Legal Issue for Attorneys

(Pr. appe/er, to call). In Practice. The removal of a cause from a court of inferior to ore of superior jurisdiction, for the purpose of obtaining a review and retrial. Ellsworth, C. J., 3 Dall. (U.S.) 321; 7 Cranch (U.S.) 110; 10 Pet. (U.S.) 205; 14 Mass. 414; 1 Serg. & R. (Pa.) 78; 1 Bin. (Pa.) 219; 3 Bin. (Pa.) 48. It is sometimes used as meaning generally the removal of a cause to a higher court (4 N. J. Eq. 137), and in this sense it includes writ of error (1 111. 334). It is a civil-law proceeding in its origin, and differs from a writ of error in this, that it subjects both the law and the facts to a review and a retrial, while a writ of error is a common-law process which removes matter of law only for re-examination. 7 Cranch (U.S.) 111. On an appeal, the whole case is examined and tried, as if it had not been tried before; while on a writ of error, the matters of law merely are examined, and judgment reversed if any errors have been committed. Dane, Abr. Appeal. The word is used in the sense here given both in chancery and in common-law practice (16 Md. 282; 20 How. [U.S.] 198), and in criminal as well as in civil law (9 Ind. 569; 6 Fla. 679); and in many states the writ of error has been abolished, and appeal established as the ordinary method of review in all cases, the scope of the reviewing varying in the different states. In Old Criminal Practice. A formal accusation made by one private person against another of having committed some heinous crime. 4 Bl. Comm. 312. In Legislation. The act by which a member of a legislative body who questions the correctness of a decision of the presiding officer, or chair, procures a vote of the body upon the decision.

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Notice

This definition of Appeal Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Appeal as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A written request to a higher court to modify or reverse the judgment of a trial court or intermediate-level appellate court.

Practical Information

Note: Some of this information was last updated in 1982

The legal procedure by which decision of a lower court is brought to a higher court for review. The procedure for taking a case to a higher court is governed by the rules of the highest state tribunal. These rules are based upon the civil practice acts or codes of civil procedure and are usually found in an appendix to the act or code. The United States Supreme Court makes the rules for appeals to it and, also, for appeals from the federal district courts to federal courts of appeal. Among other things, the rules provide: 1.Methods for review,

2.Content of the record on appeal (in U.S. law)

3.Form of testimony (questions and answer, narrative, or abstract),

4 .Preparation and format of record,

5.Preparation and format of brief (in U.S. law),

6.Time allowed for filing and service of papers,

7.Method of service on opposing

counsel

8.Costs.

Methods for review by a higher court

The method for review by the higher tribunal is by appeal from the lower court to the higher court, in the majority of states. In a few states, the method is by a petition to the higher court for a writ (in U.S. law) of Error. At one time chancery cases were reviewed by means of an appeal and law cases by means of a writ of error. This distinction in appellate procedure no longer exists except in a few states. Regardless of the method for review, the procedure is loosely referred to as “taking an appeal” or “appealing a case.” The use of the term appeal here embraces both appeals and writs of error. A case may also be referred to a higher court, under special circumstances, by means of extraordinary writs, such as certiorari (in U.S. law), mandamus (in U.S. law), habeas corpus (in U.S. law), prohibition (in U.S. law), quo warrantor (in U.S. law), and stay (in U.S. law) writs. These writs eliminate the necessity of hearings and trials in the lower court. In some states the appeal is to an intermediate appellate court and thence to the highest state court. In states that do not have intermediary appellate courts (and in certain cases even if they do), the appeal is direct from the trial court to the highest court. The procedure for taker: an appeal to an intermediate appellant court is similar to, but not exactly the same as, taking an appeal to the higher state tribunal. The main variations are ir the details, such as the time allowed fc r the various steps taken, disbursement to be paid, whether the papers are to ti typewritten or printed, and the size an; quality of paper that is to be used. The secretary should check the rules of the intermediate appellate court.

Parties to an appeal

The litigants in s. legal action when the decision of a lower court is brought to a higher court for review. In almost all of the states the parr, appealing is referred to as the appellant: and the party opposing the appeal referred to as the appellee or the respondent. When the defendant in c lower case is the appellant, the title of the case is reversed in the majority of the states. Thus, John Smith, v. Alfred Jones becomes Alfred Jones v. John Smith But this is not the practice in all of the states. Eight methods of designating parties on appeal in the caption (in U.S. law) are shown in Styles of Designation of Parties (on Appeal). Styles of Designation of Parties to Highest State Court lists the states and indicates the style followed in each state, assuming that the title of the case in the lower court was John Jones v. Alber. Smith and the defendant brings the appeal to the highest state court. In cases where review is by petition for a writ, the party appealing is designated as the petitioner, and the other party as the respondent. Although the designation of the parties changes in the title of the case, the briefs sometimes refer to the parties by their designation in the lower court. (Some rules require this designation.) Or the brief (in U.S. law) might refer to a party by the lower court designation on one page and by the appellate court designation on the other. The change in designation is very confusing, and the lawyer might inadvertently refer to the defendant appellant when meaning plaintiff appellant, or to the plaintiff when meaning plaintiff in error.

(Revised by Ann De Vries)

What is Appeal?

For a meaning of it, read Appeal in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Appeal.

Appeal

United States Constitution

According to theEncyclopedia of the American Constitution, about its article titled 628 APPEALAn appeal is the invocation of the jurisdiction of a higher court to reverse or modify a lower court’s decision. Appeal from the decision of a federal district court, for example, is normally taken to a federal court of appeals. In earlier federal practice, an appeal was taken by way of a
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Appeal in Federal Practice and Procedure

This section provides comprehensive coverage of the main aspects of appeal in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.

Letter Requesting 60 Day Extension of Time to Appeal (in Disability Claims)

Some information about Letter Requesting 60 Day Extension of Time to Appeal in this context.

Appeal

In Legislation

Appeal in the U.S. Code: Title 18, Part II, Chapter 235

The current, permanent, in-force federal laws regulating appeal are compiled in the United States Code under Title 18, Part II, Chapter 235. It constitutes “prima facie” evidence of statutes relating to Criminal Procedure (including appeal) of the United States. The readers can further narrow their legal research on the topic by chapter and subchapter.

Resources

See Also

  • Federal Civil Procedure
  • Federal Criminal Procedure
  • Federal Appellate Procedure

Letter Requesting 60 Day Extension of Time to Appeal (in Disability Claims)

Some information about Letter Requesting 60 Day Extension of Time to Appeal in this context.

Resources

See Also

  • Legal Topics.
  • Bail; Capital Punishment: Legal Aspects; Counsel: Right to Counsel; Criminal Procedure: Constitutional Aspects; Double Jeopardy; Guilty Plea: Accepting the Plea; Habeas Corpus; Sentencing: Guidelines.

    Appellate Advocacy; Appellate Court; Federal Courts; Remand.

    Related Case Law

    Abney v. United States, 431 U.S. 651, 662 (1977).

    Alabama v. Smith, 490 U.S. 794, 801_02 (1989).

    Anders v. California, 386 U.S. 738, 744 (1967).

    Arizona v. Fulminante, 499 U.S. 279, 285 (1991).

    Benton v. Maryland, 395 U.S. 784 (1969).

    Bullington v. Missouri, 451 U.S. 430, 446 (1981).

    Burns v. Ohio, 360 U.S. 252, 258 (1959).

    Chaffin v. Stynchcombe, 412 U.S. 17, 35 (1973).

    Chapman v. California, 386 U.S. 18, 24 (1967).

    Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 121, 126 (1962).

    Colten v. Kentucky, 407 U.S. 104 (1972).

    Commonwealth v. Story, 383 A.2d 155, 162 (Pa. 1978).

    DiBella v. United States, 369 U.S. 121, 126 (1962).

    Dorszynski v. United States, 418 U.S. 424, 431_32 (1974).

    Douglas v. California, 372 U.S. 353, 357_58 (1963).

    Evitts v. Lucey, U.S. 387 (1985).

    Flanagan v. United States, 465 U.S. 259, 270 (1984).

    Griffin v. Illinois, 351 U.S. 12, 18 (1956).

    Helstoski v. Meanor, 442 U.S. 500, 508 (1979).

    Jackson v. People, 376 P.2d 991, 994 (Colo. 1962).

    Kotteakos v. United States, 328 U.S. 750, 776 (1946).

    Lutwak v. United States, 344 U.S. 604, 619 (1953).

    Mayer v. Chicago, 404 U.S. 189, 196_97 (1971).

    McKane v. Durston, 153 U.S. 684, 687_88 (1894).

    Neder v. United States, 119 S. Ct. 1827, 1831 (1999).

    North Carolina v. Pearce, 395 U.S. 711, 725 (1969).

    North Carolina v. Rice, 404 U.S. 244. 248 (1971).

    Ornelas v. United States, 517 U.S. 690, 699 (1996).

    People v. Lukity, 596 N.W.2d 607, 612 (Mich. 1999).

    Reece v. Georgia, 350 U.S. 85 (1955).

    Rose v. Clark, 478 U.S. 570, 579 (1986).

    Ross v. Moffit, 417 U.S. 600, 606 (1974).

    Sibron v. New York, 392 U.S. 40, 50_58 (1968).

    Smith v. Robbins, 120 S. Ct. 726 (2000).

    Stack v. Boyle, 342 U.S. 1, 4 (1951).

    United States v. Hollywood Motor Car Co., 458 U.S. 263, 270 (1982).

    United States v. MacDonald, 435 U.S. 850, 853 (1978).

    United States v. Olano, 507 U.S. 725 (1993).

    Will v. United States, 389 U.S. 90 (1967).

    Further Reading (Books)

    American Bar Association. Criminal Appeal. In Standards for Criminal Justice, 2d ed. Vol. 4, chap. 21. Boston: Little, Brown, 1980.

    Arkin, Marc M. “Rethinking the Constitutional Right to Appeal.” UCLA Law Review 39 (February 1992): 503_580.

    Davies, Thomas Y. “Affirmed: A Study of Criminal Appeals and Decision-Making Norms in a California Court of Appeal.” American Bar Foundation Research Journal no. 3 (1982): 543_648.

    Edwards, Harry T. “To Err Is Human, but Not Always Harmless: When Should Legal Error Be Tolerated?” New York University Law Review 70, no. 6 (1995): 1167_1213.

    Flango, Carol R., and Rottman, David B. Appellate Court Procedures. Williamsburg, Va.: National Center for State Courts, 1997.

    Hermann, Robert. “Frivolous Criminal Appeals.” New York University Law Review 47, no. 4 (1972): 701.

    LaFave, Wayne R., and Israel, Jerold H. Criminal Procedure, vol. 3, chap. 26, pp. 171_281. St. Paul, Minn.: West Publishing, 1984, 1991 supp.

    Meador, Daniel. Criminal Appeals: English Practices and American Reforms. Charlottesville: University Press of Virginia, 1973.

    Meltzer, Daniel J. “Harmless Error and Constitutional Remedies.” University of Chicago Law Review 61, no. 1 (1994): 1_39.

    Further Reading (Books 2)

    Orfield, Lester B. Criminal Appeals in America. Boston: Little, Brown, 1939.

    Rossman, David. “Were There No Appeal’: The History of Review in American Criminal Courts.” Journal of Criminal Law & Criminology 81, no. 3 (1990): 518_566.

    Saltzburg, Stephen A. “The Harm of Harmless Error.” Virginia Law Review 59 (1973): 988.

    Shapiro, Martin. “Appeal.” Law & Society Review 14, spring (1980): 629_661.

    Stacy, Tom, and Dayton, Kim. “Rethinking Harmless Constitutional Error.” Columbia Law Review 88, no. 1 (1988): 79_143.

    Stern, Robert L. Appellate Practice in the United States, 2d ed. Washington, D.C: Bureau of National Affairs, 1989.

    Stith, Kate. “The Risk of Legal Error in Criminal Cases: Some Consequences of the Asymmetry in the Right to Appeal.” University of Chicago Law Review 57, no. 1 (1990): 1_61.

    Traynor, Roger. The Riddle of Harmless Error. Columbus: Ohio State University Press, 1970.

    Warner, Martha C. “Anders in the 50 States: Some Appellants’ Equal Protection Is More Equal than Others.” Florida State University Law Review 23, no. 3 (1996): 625_667.

    Further Reading (Articles)

    Appeals in the 1990s: “New Directions.” (from the IRS Appeals: 1992 NSPA National Issues Conference), The National Public Accountant; July 1, 1992; Casimir, James J.

    Direct Appeals from Bankruptcy Courts to the Courts of Appeals: The Experience after Two Years, Journal of Appellate Practice and Process; March 22, 2007; George, David

    Appeals collection developments.(IRS appeals), The Tax Adviser; July 1, 2001; Ely, Mark H.

    Appeal hearing Standard of Review, The Canadian Property Valuation; October 1, 2009; Shevchuk, John

    SSI Appeals Process Misses the Mark, Aging Today; May 1, 2013; Lang, Kate

    Interlocutory Direct Appeals under BAPCPA: Questionable Role of the Bankruptcy Court, American Bankruptcy Institute Journal; July 1, 2007; Beskrone, Don Palacio, Ricardo

    Appeals for pity in the Heptameron, Renascence: Essays on Values in Literature; April 1, 2001; Baker, Mary J

    Medicare appeals process gets overhaul, Managed Healthcare Executive; June 1, 2005; Senterfitt, Barry

    Appeal became moot with grant of new Baltimore trial, The Daily Record (Baltimore); December 22, 2006; Barbara Grzincic

    Appeals are a far better option than litigation, Managed Healthcare; June 1, 1998; Wechsler, Jill

    Appeals pay off for biz owners, Indianapolis Business Journal; December 8, 2008; Schnitzler, Peter

    Appeals for Pity in the Heptameron, Renascence: Essays on Values in Literature; March 22, 2001; Baker, Mary J.

    Expedited Appeals in Indiana: Too Little, Too Late, Journal of Appellate Practice and Process; March 22, 2002; Schumm, Joel M.

    Increased appeals of tax assessments expected, The News Sun – Waukegan (IL); September 29, 2012

    Appeals Can Override TAMs. The Bond Buyer; February 12, 1999; Resnick, Amy B.

    Appeals To The Supreme Court – The Applicable Procedure Once Permission Has Been Granted.(Case overview), Mondaq Business Briefing; August 9, 2011

    APPEALS TAXING TOWNS, The Record (Bergen County, NJ); January 31, 1993; JOHN MOONEY, Record Staff Writer

    THE APPEALS CHAMBER UPHOLDS DECISION ON ADMISSIBILITY OF CASE AGAINST GERMAIN KATANGA. States News Service; September 25, 2009

    APPEALS ARE LESS TAXING THIS YEAR, The Record (Bergen County, NJ); March 29, 1993; JOHN MOONEY, Record Staff Writer

    Appeal board plods ahead, Post-Tribune (IN); February 6, 2005; Diane Krieger Spivak, Post-Tribune staff writer

    Appeal Definition in the Legislative Process

    The following is a definition of Appeal, by the National Conference of State Legislatures (NCSL): A parliamentary procedure for testing (and possibly changing) the decision of a presiding officer.

    Appeal in Federal Practice and Procedure

    This section provides comprehensive coverage of the main aspects of appeal in relation to federal procedure, including an analysis of the rules as interpreted and applied by the federal courts and affected by related federal statutes and regulations.

    Letter Requesting 60 Day Extension of Time to Appeal (in Disability Claims)

    Some information about Letter Requesting 60 Day Extension of Time to Appeal in this context.

    Resources

    See Also

    • Federal Civil Procedure
    • Federal Criminal Procedure
    • Federal Appellate Procedure

    Letter Requesting 60 Day Extension of Time to Appeal (in Disability Claims)

    Some information about Letter Requesting 60 Day Extension of Time to Appeal in this context.

    Resources

    See Also

    • Legislative Power
    • Legislative History
    • Legislative Ethics
    • Legislative Session
    • Legislature
    • Legal Aid
    • Legislative Commissions
    • Legislative Branch
    • Legislation
    • Executive Branch
    • Legislative Function

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    Appeal in the context of Juvenile and Family Law

    Definition ofAppeal published by the National Council of Juvenile and Family Court Judges:Complaint to a higher court urging that it overturn the decision of a lower court. Appellate (higher) courts normally review questions of law on appeal, not determinations of fact. The review is conducted upon the record of the lower tribunal’s proceedings. Sometimes the term appeal is used in a technical sense to refer to upper-court review which is undertaken as a matter of right, as opposed to review granted on a discretionary basis (see CERTIORARI). More commonly, however, the term refers to any upper-court review.

    Appeal Definition in the context of the Federal Court System

    A request challenging the decision of a trial court by a party that has lost on one or more issues and seeks a higher court (appellate court) review of the decision to determine if it was correct. To make such a request is “to appeal” or “to take an appeal.” One who appeals is called the “appellant.” The other party is the “appellee.”

    Appeal in Juvenile Law

    In this context, Appeal information is available through this American legal Encyclopedia.

    Appeal: Open and Free Legal Research of US Law

    Federal Primary Materials

    The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Appeal. This part provides references, in relation to Appeal, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

    Federal primary materials about Appeal by content types:

    Laws and Regulations

    US Constitution
    Federal Statutory Codes and Legislation

    Federal Case Law and Court Materials

    U.S. Courts of Appeals
    United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

    Federal Administrative Materials and Resources

    Presidential Materials

    Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

    Executive Materials

    Federal Legislative History Materials

    Legislative history traces the legislative process of a particular bill (about Appeal and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Appeal or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Appeal and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Appeal. Finding these decisions can be challenging. In many cases, researchers about Appeal should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

    State opinions of the Attorney General (official written advisory opinions on issues of state law related to Appeal when formerly requested by a designated government officer):

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