appeal

appeal
ap·peal 1 /ə-'pēl/ n [Old French apel, from apeler to call, accuse, appeal, from Latin appellare]: a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect; also: a proceeding for the review of an agency decision at a higher level within the agency or in a court see also affirm compare certiorari, new trial, rehearing
◇ The scope of an appeal is limited. The higher court will review only matters that were objected to or argued in the lower court during the trial. No new evidence can be presented on appeal.
ap·peal·abil·i·ty /ə-ˌpē-lə-'bi-lə-tē/ n
ap·peal·able /ə-'pē-lə-bəl/ adj
appeal 2 vt: to take (a lower court's decision) before a higher court for review: undertake an appeal of (a case)
vi: to take a lower court's decision to a higher court for review

Merriam-Webster’s Dictionary of Law. . 1996.

appeal
I noun appellate review, appellatio, application for retrial, application for review by a higher tribunal, bid, complaint to a superior court, obtestatio, petition, provocatio, reconsideration, recourse to some higher power, reexamination, rehearing, reopening, request for another decision, request for retrial, request for review, resort to superior authority, retrial, review associated concepts: appellate courts, appellate jurisdiction, certiorari foreign phrases:
- De fide et officio judicis non recipitur quaestio, sed de scientia, sive sit error juris, sive facti. — The good faith and honesty of a judge are not to be questioned, but his knowledge, whether it be in error of law or fact, may be
II verb appelare, apply for a reexamination of a case, apply for a retrial, apply for a review of a case to a higher tribunal, bid, bring new evidence, claim, consider again with a view to a change or action, contest, contest a case by asking for review, homini placere, obsecrare, reconsider, reexamine, refer to, rehear, reopen, request another decision, request reexamination, request reopening of a case, retry, review, seek reexamination, seek reference of a case from one court to another, seek review of a case, sue associated concepts: appeal as a matter of right, appeal bond, appeal in forma pauperis, appealable interest, appealable judgment, appealable order, appealed from an order of the court, discretionary appeal, perfect on appeal III index address (petition), amenity, call (appeal to), challenge, coax, entreaty, habeas corpus, importune, incentive, invitation, motivate, press (beseech), request (noun), request (verb), rhetoric (skilled speech)

Burton's Legal Thesaurus. . 2006


appeal
v.
To request a higher court to review a case that has been decided by a lower court and render a new decision, either a reversal or a new trial.
n.
appeal

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


appeal
the process of taking a case to a court with power to alter the decision of the court that has made the decision complained of. A court with power to hear appeals is called an appellate court, and a person appealing is usually called an appellant and his opponent the respondent. (In Scotland, a person appealing to the Inner House of the Court of Session is called a reclaimer, the process a reclaiming motion.) Some courts hear appeals completely anew, but usually an appeal is argued with a view to correcting a legal error in the court below. As witnesses are not usually heard, the facts are normally taken as found in the court below, but if a transcript is available, the reasonableness of a decision or inferences taken from primary facts established may often be challenged on appeal. Sometimes a court has power to order a new trial or to deal with a case again if new evidence that could not have been put before the lower court comes to hand. See also immigration appeal.

Collins dictionary of law. . 2001.


appeal
A written petition to a higher court to modify or reverse a decision of a lower court (either a trial court or intermediate level appellate court). An appeal begins when the loser at trial (called the appellant) files a notice of appeal within strict time limits (often 30 days from the date of judgment). The appellant and the appellee (the winner at trial) submit written arguments and often make oral arguments explaining why the lower court's decision should be upheld or overturned.
Category: Accidents & Injuries
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

appeal
Proceeding taken in an effort to change a court decision by bringing it for reconsideration by a higher court.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


appeal
n.
1 The process to seek and obtain a review and reversal by a court of a lower court's decision.
2 The process to seek and obtain a review and reversal of an administrative decision by a court or by a higher authority within the administrative agency.
@ appeal as of right
@ appeal by right
@ appeal as of/by right
appeal (as of) (by) right. An appeal in which a court or administrative agency must review the decision that is sought to be reversed.
=>> appeal.
@ consolidated appeal
An appeal in which the issues to be reviewed in two or more cases are similar enough that it is practical to unite the reviews into a single appeal.
See also joinder.
=>> appeal.
@ cross appeal
An appeal by an appellee, usually considered at the same time as the appeal by the appellant.
=>> appeal.
@ direct appeal
An appeal of a trial court's decision made directly to the jurisdiction's highest appellate court without first seeking review by the intermediate appellate courts. For example, although a United States District Court decision is usually first reviewed by one of the Untied States Court of Appeals before the United States Supreme Court considers it, a direct appeal bypasses the Court of Appeals and sends the District Court decision directly to the Supreme Court.
=>> appeal.
@ interlocutory appeal
An appeal of a trial court's interim decision while the case is still pending in the trial court. Some interlocutory appeals involve legal questions whose resolution are necessary for the trial court to reach a proper decision in the action. Others involve issues that are entirely separate from the merits of the case. In most states, interlocutory appeals are permitted only in limited circumstances and are rarely granted.
=>> appeal.
@ appeal by permission
@ discretionary appeal
@ appeal by permission, discretionary appeal
appeal by permission, discretionary appeal. An appeal in which a court or administrative agency's review of a decision is within the court or agency's discretion.
+ appeal by permission
An appeal in which a court or administrative agency's review of a decision is within the court or agency's discretion. Also called discretionary appeal.
See also certiorari.
=>> appeal.
@

Webster's New World Law Dictionary. . 2000.


appeal
Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law.

Dictionary from West's Encyclopedia of American Law. 2005.


appeal
I
Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law.
II A proceeding brought to a higher court to review a lower court decision.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

appeal
   1) v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. After the lower court judgment is entered into the record, the losing party (appellant) must file a notice of appeal, request transcripts or other records of the trial court (or agree with the other party on an "agreed-upon statement"), file briefs with the appeals court citing legal reasons for over-turning the ruling, and show how those reasons (usually other appeal decisions called "precedents") relate to the facts in the case. No new evidence is admitted on appeal, for it is strictly a legal argument. The other party (Respondent or appellee) usually files a responsive brief countering these arguments. The appellant then can counter that response with a final brief. If desired by either party, they will then argue the case before the appeals court, which may sustain the original ruling, reverse it, send it back to the trial court, or reverse in part and confirm in part. For state cases there are Supreme Courts (called Courts of Appeal in New York and Maryland) which are the highest appeals courts, and most states have lower appeals courts as well. For Federal cases there are Federal Courts of Appeal in ten different "circuits," and above them is the Supreme Court, which selectively hears only a few appeals at the highest level.
   2) n. the name for the process of appealing, as in "he has filed an appeal."

Law dictionary. . 2013.

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Look at other dictionaries:

  • Appeal — Ap*peal , n. [OE. appel, apel, OF. apel, F. appel, fr. appeler. See {Appeal}, v. t.] 1. (Law) (a) An application for the removal of a cause or suit from an inferior to a superior judge or court for re[ e]xamination or review. (b) The mode of… …   The Collaborative International Dictionary of English

  • appeal — [ə pēl′] vt. [ME apelen < OFr apeler < L appellare, to accost, apply to, appeal; iterative < appellere, to prepare < ad , to + pellere: see FELT1] 1. to make a request to a higher court for the rehearing or review of (a case) 2. Obs.… …   English World dictionary

  • Appeal — Ap*peal , v. t. 1. (Law) To apply for the removal of a cause from an inferior to a superior judge or court for the purpose of re[ e]xamination of for decision. Tomlins. [1913 Webster] I appeal unto C[ae]sar. Acts xxv. 11. [1913 Webster] 2. To… …   The Collaborative International Dictionary of English

  • Appeal — Ap*peal , v. t. [imp. & p. p. {Appealed}; p. pr. & vb. n. {Appealing}.] [OE. appelen, apelen, to appeal, accuse, OF. appeler, fr. L. appellare to approach, address, invoke, summon, call, name; akin to appellere to drive to; ad + pellere to drive …   The Collaborative International Dictionary of English

  • appeal — [n1] request for help address, adjuration, application, bid, call, claim, demand, entreaty, imploration, importunity, invocation, overture, petition, plea, prayer, proposal, proposition, question, recourse, requisition, solicitation, submission,… …   New thesaurus

  • appeal — The transitive use as a legal term is AmE (e.g. • The US government plans to appeal the cotton ruling, and it could be years before any penalties kick in Reason Magazine, 2004). The equivalent in BrE is appeal against • (Mr Marshall s legal… …   Modern English usage

  • Appeal — request by the provider of the object of conformity assessment to the conformity assessment body or accreditation body for reconsideration by that body of a decision it has made relating to that object (p. 6.4 ISO/IEC 17000:2004). Источник …   Словарь-справочник терминов нормативно-технической документации

  • appeal — A request to the U.S. District Court (or the bankruptcy appellate panel if there is one in the circuit) to review a decision of the bankruptcy court. A request to the Circuit Court of Appeals to review a decision of the U.S. District Court (or… …   Glossary of Bankruptcy

  • appeal — /ə pi:l/, it. /a p:il/ s. ingl. (propr. appello, attrazione ), usato in ital. al masch. [capacità di attirare] ▶◀ attrazione, fascino, richiamo, [in senso erotico] sex appeal …   Enciclopedia Italiana

  • appeal — /apˈpil, ingl. əˈpiːl/ [lett. «richiamo»] s. m. inv. fascino, richiamo, attrazione □ sex appeal …   Sinonimi e Contrari. Terza edizione

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