Appellee

In legal proceedings, an appellee is the party against whom an appeal is brought in a court of law. This party is typically the one that prevailed in the lower court’s decision and must now defend that favorable ruling in an appellate court. The appellee stands in opposition to the appellant, who initiates the appeal seeking a reversal or modification of the lower court’s decision.

Examples

1. Criminal Case: In a criminal trial, if the defendant is convicted and chooses to appeal the conviction, the state or government, which prosecuted the case and won at the lower court, becomes the appellee.

2. Civil Case: In a breach of contract lawsuit where the plaintiff wins and the defendant appeals, the plaintiff becomes the appellee in the appellate court proceedings.

3. Administrative Law: If an individual challenges an agency’s decision and the administrative law judge rules in favor of the agency, and the individual then appeals, the agency is the appellee in court.

Frequently Asked Questions (FAQs)

Q1: What is the difference between an appellee and a defendant?

• A1: A defendant is a person or entity facing a lawsuit or criminal charges at the trial court level. An appellee, on the other hand, is the party against whom an appeal is filed in a higher court, usually because they have won in the lower court.

Q2: Who files the first brief in an appellate court case?

• A2: The appellant files the first brief, explaining why the lower court’s decision should be reversed or amended. The appellee then files a responding brief to argue why the decision should be upheld.

Q3: Can an appellee cross-appeal?

• A3: Yes, an appellee can file a cross-appeal if they believe there are aspects of the lower court’s decision that should be corrected or reversed in their favor.

Q4: Do appellees ever file initial appeals?

• A4: Appellees do not file initial appeals. The appellant—that is, the party who lost in the lower court—is the one who initiates the appeal.

Q5: Is the appellee allowed to present new evidence in the appellate court?

• A5: Generally, no. Appellate courts typically review the case based on the record and evidence presented in the lower court, without considering new evidence.

Related Terms

• Appellant: The party who initiates an appeal because they are dissatisfied with the court’s decision.
• Amicus Curiae: A “friend of the court” who offers information or expertise relevant to a case but is not a party to the case.
• Brief: A written statement submitted by a party in an appellate case outlining the arguments and legal reasoning for why the court should rule in their favor.
• Judgment: The final decision of the court.

Online References

• Investopedia: Understanding Appellate Procedure
• Wikipedia: Appellee
• American Bar Association: The Appellate Process

Suggested Books for Further Studies

• “Appellate Practice in the United States” by Robert L. Stern, Eugene Gressman: This comprehensive guide covers the procedures, strategies, and nuances of appellate practice.
• “The Little Book of Briefs” by Jeffrey L. Miller: Offers insights into writing compelling legal briefs.
• “Making Your Case: The Art of Persuading Judges” by Antonin Scalia and Bryan A. Garner: Delivers key strategies for effective written and oral arguments in appellate courts.

Fundamentals of Appellee: Law Basics Quiz

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