Business, Legal & Accounting Glossary
To appeal a judicial decision is to request that a more senior judicial body or court of law review that decision (which, presumably, was taken by a lower court). In England, an appeal may be made on a number of different grounds (e.g. points of fact, points of law, etc.). The nature of this ground may influence the precise route that the appeal will take.
A written request to a higher court to modify or reverse the judgment of a trial court or intermediate level appellate court. Normally, an appellate court accepts as true all the facts that the trial judge or jury found to be true, and decides only whether the judge made mistakes in understanding and applying the law. If the appellate court decides that a mistake was made that changed the outcome, it will direct the lower court to conduct a new trial, but often the mistakes are deemed “harmless” and the judgment is left alone. Some mistakes are corrected by the appellate court — such as a miscalculation of money damages — without sending the case back to the trial court. An appeal begins when the loser at trial — or in an intermediate level appellate court — files a notice of appeal, which must be done within strict time limits (often 30 days from the date of judgment). The loser (called the appellant) and the winner (called the appellee) submit written arguments (called briefs) and often make oral arguments explaining why the lower court’s decision should be upheld or overturned.
An appeal allows the defendant to bring their case to a higher court with the goal of getting a reversal of the conviction from the lower court. The appeal does not allow new evidence to be presented, but only allows the court to examine the trial record to determine if the legal proceeding was properly conducted.
Civil court decisions are harder to appeal than criminal convictions. Generally, you have 30 days from the date on which the verdict was entered to appeal a civil court decision (exceptions exist if you are suing the U.S. Federal Government). Talk to a personal injury lawyer if you are considering filing an appeal in a civil case. They will have the knowledge to draft the appropriate legal appeals documents. Civil appeals are generally not successful unless you can prove the judge made an error which adversely affected their legal decision.
He was found guilty but appealed immediately.
Appeal to somebody for help.
She appealed the verdict.
I appealed to the law of 1900.
Their appeal was denied in the superior court.
An appeal for help.
An appeal to the public to keep calm.
An appeal to raise money for starving children.
His smile was part of his appeal to her.
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This glossary post was last updated: 22nd April, 2020 | 17 Views.