Appeal

:This article is about the legal term. For usage in the sport of cricket, see Appeal (cricket). For the African American publication "Appeal", see David Walker (who wrote it).

Who can appeal

A party who files an appeal is called an appellant, and a party on the other side is an appellee or respondent or, in some jurisdictions, the party who files is known as a petitioner and the party being sued is designated the respondent. Cross-appeals can also occur, when more than one party to a case is unhappy with the decision in some way, often when the winning party claims that more damages were deserved than were awarded.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In criminal matters, an appeal can be filed generally only by a convicted defendant due to the double jeopardy principle, but in tort, equity, or other civil matters either party to a previous case may file an appeal.

Related Topics:
Criminal - Appeal - Double jeopardy - Tort - Equity

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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 have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~