Definition
An appellant is a party who decides to contest the outcome of a court case by bringing the decision to a higher court, seeking a reversal or modification. The appellant, often referred to as the petitioner in some jurisdictions, believes there was an error in the trial or decision-making process that adversely affected the outcome. This party submits an appeal to have the lower court’s ruling reviewed and potentially overturned or amended.
Examples
- Criminal Case Appeal: John Doe was convicted of a felony in a state trial court. He believes the trial was mishandled and that prejudicial evidence was wrongly admitted. John decides to appeal the decision, becoming the appellant in a higher state court.
- Civil Case Appeal: In a breach of contract lawsuit, the company XYZ Inc. loses to the plaintiff. XYZ Inc. believes there were legal errors in the ruling and procedural mistakes during the trial, so it files an appeal, making the company the appellant.
- Family Law Appeal: Jane believes that the custody ruling in her divorce case was unfairly decided due to a misapplication of the law. She appeals to a higher court for a reassessment of the case, thus becoming the appellant.
Frequently Asked Questions (FAQs)
What is the role of an appellant in legal proceedings?
The appellant’s role is to demonstrate to the appellate court that there were legal errors in the lower court’s proceedings that warrant a reversal or modification of the decision.
Can any decision be appealed?
Not all decisions can be appealed. Typically, only final judgments or orders that affect substantial rights can be appealed. Some interim orders may not be appealable until a final decision is reached.
How long does an appellant have to file an appeal?
The timeframe to file an appeal varies depending on the jurisdiction and the type of case. It can range from a few days to several months after the judgment has been entered.
Is the appellant always the losing party in the original case?
Typically, yes. The appellant is usually the party dissatisfied with the lower court’s decision. However, in cross-appeals, both parties may become appellants for different parts of the decision they are contesting.
What happens if the appellant wins the appeal?
If the appellant wins, the higher court may reverse or modify the lower court’s decision, potentially leading to a new trial or different ruling in favor of the appellant.
Petitioner
In some jurisdictions, ‘petitioner’ is synonymous with ‘appellant.’ The petitioner is the party initiating a petition, often in appellate court, challenging the ruling of a lower court.
Appellee
The appellee is the party against whom the appeal is filed. This party will defend the lower court’s decision and argue that the decision should be upheld.
Brief
A brief is a written argument submitted by both the appellant and appellee outlining their positions, the legal errors they believe occurred, and how they believe the court should rule.
Remand
Remand is when the appellate court sends the case back to the lower court for further proceedings, which may include a new trial or reconsidering the decision.
Online References
Suggested Books for Further Studies
- “Appeals: Review of Trial Court Decisions” by Carole Berry - This book delves into the processes and principles governing appellate review.
- “Federal Appellate Practice and Procedure” by John G. Koeltl - A comprehensive guide on the procedures and practices in federal appellate court.
- “Appellate Advocacy: Principles and Practice” by Ursula Bentele - This work offers practical advice and strategies for engaging in appellate advocacy effectively.
Fundamentals of Appellant: Business Law Basics Quiz
### Who is typically the appellant in a lawsuit?
- [x] The party who lost the case in the lower court
- [ ] The judge who made the initial ruling
- [ ] The court clerk
- [ ] The attorney defending the case
> **Explanation:** The appellant is typically the party who lost the case in the lower court and is seeking to have the decision reviewed and potentially overturned.
### Can an appellant appeal both the judgment and the sentence in a criminal case?
- [x] Yes, an appellant can appeal both the judgment and the sentence.
- [ ] No, an appellant can only appeal the judgment.
- [ ] No, an appellant can only appeal the sentence.
- [ ] Only if authorized by the original judge.
> **Explanation:** In criminal cases, appellants may appeal both the judgment (verdict) and the sentence, arguing for errors in both the trial process and sentencing.
### What document does the appellant file to initiate an appeal?
- [x] Notice of appeal
- [ ] Brief
- [ ] Petition for remediation
- [ ] Motion for dismissal
> **Explanation:** To initiate an appeal, the appellant must file a Notice of Appeal, informing the court and the opposing party of their intent to seek a review by a higher court.
### Which of the following best describes the term 'appellee'?
- [ ] The party who initiates the appeal
- [x] The party responding to the appeal
- [ ] The judge in the appellate court
- [ ] A court-appointed mediator
> **Explanation:** The appellee is the party against whom the appeal is filed and who responds to the appellant's claims, defending the lower court's decision.
### What does the term 'remand' mean in the context of appellate court?
- [ ] Upholding the appeal
- [ ] Denying the appeal
- [ ] Accepting new evidence
- [x] Sending the case back to the lower court for further action
> **Explanation:** When an appellate court remands a case, it sends it back to the lower court for further proceedings, possibly including a new trial or reconsideration based on the appellate court's findings.
### How does an appellant typically argue their appeal?
- [ ] By requesting the judge to reopen the original trial
- [x] By submitting a written brief outlining errors in the lower court's proceedings
- [ ] By calling witnesses to testify in appellate court
- [ ] Through mediation sessions
> **Explanation:** Appellants argue their appeal primarily through a written brief, which details the alleged errors that occurred in the lower court proceedings and explains why the decision should be reversed or modified.
### What is a common ground for appeal in civil cases?
- [x] Misapplication of the law by the trial judge
- [ ] Displeasure with the outcome
- [ ] Witnesses not showing up
- [ ] High attorney fees
> **Explanation:** A common ground for appeal in civil cases is the misapplication of the law by the trial judge, which could significantly impact the outcome of the case.
### When the higher court reverses the lower court's decision, what typically happens next?
- [ ] The appeal is dismissed.
- [x] The case may be retried, or a different ruling issued.
- [ ] The appellant automatically wins the case.
- [ ] The original judge is replaced.
> **Explanation:** If the higher court reverses the lower court's decision, the case typically may be retried, or a different ruling is issued based on the appellate court's directions.
### What is the burden of proof in an appellate court for the appellant?
- [x] To demonstrate that legal errors were made that affected the trial's outcome
- [ ] To prove innocence or guilt anew
- [ ] To introduce new evidence
- [ ] To show the financial impact of the decision
> **Explanation:** The appellant must demonstrate that significant legal errors were made during the trial that adversely affected the trial's outcome or fairness.
### Who generally reviews the appeal in an appellate court?
- [ ] The original trial judge
- [ ] An independent mediator
- [x] A panel of appellate judges
- [ ] A single appellate judge
> **Explanation:** Appeals are generally reviewed by a panel of appellate judges, who collectively examine the arguments and evidence to decide whether to uphold, reverse, or remand the lower court’s decision.
Thank you for delving into the intricacies of the appellate process. Keep striving to expand your knowledge of business law fundamentals!
