appeal


appeal
Resort to a superior (i.e. appellate) court to review the decision of an inferior (i.e. trial) court or administrative agency. A complaint to a higher tribunal of an error or injustice committed by a lower tribunal, in which the error or injustice is sought to be corrected or reversed. Board of Ed. of Cleveland City School Dist. v. Cuyahoga County Bd. of Revision, 34 Ohio St.2d 231, 298 N.E.2d 125, 128.
There are two stages of appeal in the federal and many state court systems; to wit, appeal from trial court to intermediate appellate court and then to Supreme Court. There may also be several levels of appeal within an administrative agency; e.g. appeal from decision of Administrative Law Judge to Appeals Council in social security case. In addition, an appeal may be taken from an administrative agency to a trial court (e.g. from Appeals Council in social security case to U.S. district court).
Also, an appeal may be as of right (e.g. from trial court to intermediate appellate court) or only at the discretion of the appellate court (e.g. by writ of certiorari to U.S. Supreme Court). Provision may also exist for joint or consolidated appeals (e.g. Fed.R.App.P. 3) and for cross appeals (where both parties to a judgment appeal therefrom). Appeal was also the name formerly given to the proceeding in English law where a person, indicted of treason or felony, and arraigned for the same, confessed the fact before plea pleaded, and appealed, or accused others, his accomplices in the same crime, in order to obtain his pardon. In this case he was called an "approver" or "prover," and the party appealed or accused, the "appellee."
- interlocutory appeal
- Interlocutory Appeals Act

Black's law dictionary. . 1990.

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  • 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… …   Law dictionary

  • 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 — 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 — 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 to — index bait (lure), pray, propitiate, solicit, urge Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • Appeal — For other uses, see Appeal (disambiguation). An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court s decision. The District of… …   Wikipedia

  • appeal — ▪ I. appeal ap‧peal 1 [əˈpiːl] noun 1. [countable, uncountable] LAW an official request to a higher authority for a decision made by a court, committee etc to be changed: • The company s appeal against the assessment will be determined at the… …   Financial and business terms

  • appeal — {{Roman}}I.{{/Roman}} noun 1 attraction/interest ADJECTIVE ▪ considerable, great, growing, obvious, powerful, special, strong ▪ immediate, i …   Collocations dictionary

  • appeal — I n. request request for review 1) to make an appeal 2) (legal) to file, lodge, make; lose; win an appeal 3) (legal) to take an appeal to a higher court 4) (also legal) to deny, dismiss, reject, throw out an appeal 5) a desperate, urgent;… …   Combinatory dictionary


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