9,629,152,797 visitors served

Dictionary,Encyclopedia andThesaurus -The Free Dictionary

Search
Keyboard

Word / Article

Starts with

Ends with

Text
Register Log in
Sign up with one click:
Facebook

Twitter

Google+

Yahoo

Dictionary
Thesaurus
Medical
Dictionary
Legal
Dictionary
Financial
Dictionary
Acronyms
Idioms
Encyclopedia
Wikipedia
Encyclopedia

Tools

appeal
(redirected from Appellate Brief)
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia, Wikipedia.

Appeal
Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superio
r court empoweredto review a final decision on the ground that it was based upon an erroneous applicatio
n of law.
A person who initiates an appealthe appellant, sometimes called the plaintiff in error, must file a notice
of appeal, alongwith the necessary documents, to commence appellate review. The person against whom
the appeal is brought, theappellee, then files a brief in response to the appellant's allegations.
There are usually two stages of review in the federal court and in many state court systems: an appeal fro
m a trial court toan intermediate appellate court and thereafter to the highest appellate court in the jurisdic
tion. Within the appellate rules ofadministrative procedure, there might be several levels of appeals from a
determination made by an Administrative
Agency. For example, an appeal of the decision of an ADMINISTRATIVE LAW judge may be heard by a revie
wing body withinthe agency, and from that body, the appeal may go to a trial court, such as a federal distri
ct court. Thereafter, the appealmight travel the same route as an appeal taken from a judicial decision, goi
ng from an intermediate to a superior appellatecourt, or it might go directly to a superior appellate court fo
r review, bypassing the intermediate stage. The rules of appellateprocedure applicable to a particular cour
t govern its review of cases.

Right to Appeal
There is no absolute right of appeal for all decisions rendered by a lower court or administrative agency. F
ederal and stateconstitutions and statutory provisions create appellate courts and prescribe the types of c
ases that are within theirjurisdiction. An appeal may be granted as a matter of right, such as from a trial c
ourt to an intermediate appellate court oronly at the discretion of a superior appellate court, for example, b
y a grant of certiorari by the Supreme Court. If the decisionpresented does not meet the statutory require
ments for review, the appellate court is powerless to hear the appeal andreview is denied.
The right to appeal a decision is limited to those parties to the proceeding who are aggrieved by the decisi
on because it hasa direct and adverse effect upon their persons or property. In addition, an actual case or
controversy must exist at the timeof review. Issues that have become moot while the appeal is pending an
d cases that have been settled during that time arenot reviewable.

Final Decision
A final judgment or order must have been reached by the trial court in order for a case to be appealable.
A judgment isconsidered final for purposes of appeal when it ends the action in the court in which it was b
rought and nothing more is to bedecided. This rule is intended to prevent the piecemeal litigation of a law
suit, to avoid delay resulting from Interlocutoryappeals, and to give the trial court the opportunity to rend
er a decision in the case to the satisfaction of both parties, therebyobviating the need for appeal. The con
sideration of incidental matters, such as the computation of interest, attorneys' fees,or court costs, does n
ot prevent a judgment or order from being appealed.

Grounds
Error is the basis for review of a final decision rendered by a court or administrative agency. Error is calle
d to the attentionof a court through the use of objections, protests made during the course of a proceedin
g that an action taken by theopposing side in a controversy is unfair or illegal. Decisions rendered in favor
of one party at trial level are presumed by anappellate court to be correct unless objections have been ma
de to the issues in question during the trial. Failure to do so willpreclude their review on appeal. An objecti
on must be made as promptly and specifically as possible for each act to which itis directed so that the co
urt may make an intelligent decision regarding its merits. The trial judge rules on the objection, andthe de
cision is included in the trial record. If the attorney for either party disagrees with the ruling, he or she may
take anexception, an objection taken to a decision of a court on a Matter of
Law, which is noted in the trial record to be preservedfor purposes of appeal. Appellate jurisdiction is limit
ed only to a review of actions taken by an inferior court. No newobjections can be raised before an appell
ate court for its consideration unless exceptional circumstances exist to justify theappellate court raising t
he issues sua sponte, on its own motion. Exceptional circumstances mean the presence at trial ofPLAIN E
RROR, a mistake in the proceedings that substantially affects the rights of the party against whom the deci
sion hasbeen made and undermines the fairness and integrity of the judicial system, causing a miscarriag
e of justice.

Time of Appeal
Appeals must be made within the time prescribed by statute or by the governing rules of the appellate cou
rt. Such statutesbegin to run only after a final decision has been made. The timely filing of the notice of ap
peal with the clerk of the appellatecourt and the appellee completes, or perfects, the procedure. If the app
eal is not taken and perfected within the time set bystatute, the right to appeal is foreclosed. Extensions of
time for the filing of an appeal may be granted, however, ifextenuating circumstances exist, such as if eith
er party is adjudicated incompetent or dies.

Notice of Appeal
A notice of appeala written document filed by the appellant with the court and a copy of which is sent to
the appelleeisthe initial step in the appeals process. It informs the court and the party in whose favor a j
udgment or order has been madethat the unsuccessful party seeks a review of the case. Failure to file a n
otice of appeal according to the statutoryrequirements will preclude appeal.

Bonds
An appeal bond, a promise to pay a sum of money, must often be posted by an appellant to secure the ap
pellee against thecosts of the appeal, if the appellee is successful and the appellant fails to pay. Its amou
nt is determined by the court itselfor by statute. The imposition of such a bond discourages frivolous appe
als. If successive appeals are taken from anintermediate appellate court to a superior one, a new bond is
usually required.

Record on Appeal
The function of the appellate court is limited to a review of the trial record sent up from the lower court an
d the briefs filed bythe appellant and appellee. Amicus
Curiae briefs, if permitted by the appellate court, also become part of the record onappeal. The trial recor
d, sometimes called the record proper, must show the pleadings that initiated the case, the completetrans
cript (in cases of jury trial) of lower court proceedings, the verdict, and the entry of the final judgment or or
der. Theappellant must clearly demonstrate that the grounds for review had been raised and unsuccessful
ly decided upon at the triallevel and, therefore, prejudicial error exists to warrant the reversal of the decisi
on of the lower court.
In some jurisdictions, a bill of exceptionsa written statement of the objections made by a party to the ruli
ng, decision,charge, or opinion of the trial judgemust be submitted to the appellate court to provide a hi
story of the trial proceedings. Itshould not include matters that belong in the record proper but, instead, sh
ould state those points concerning QUESTIONS OFLAW raised by the exceptions taken during the trial. The
appellant's attorney prepares the bill and presents it to the trial judgefor settlement, an agreement betwee
n the trial judge and the appellant that the bill contains a truthful account of the eventsof the trial. If there i
s disagreement, the judge returns the bill to the appellant with an explanation. The appellee must begiven
notice of the time and place of the settlement of the bill of exceptions in order to object to or approve its c
ontents. Thesettled bill of exceptions becomes part of the trial transcript, which is part of the record on ap
peal. The appellant mustsubmit a complete unabridged transcript of the trial that is prepared by the clerk
of the trial court.
The entire trial record is printed and filed with the appellate court, and a copy is also sent to the appellee.

Assignment of Errors
A statement by the appellant of the errors alleged to have been committed in the lower court is an assign
ment of errors, atype of appellate Pleading used to point out to the appellate court the grounds for review
. It controls the scope of an appealbecause if a ground for review is not contained in it, it will not ordinarily
be considered by the court. The assignment oferrors is usually part of the notice of appeal, the bill of exce
ptions, the transcript of the record, or the brief, although in somejurisdictions, it is a separate document.

Appellate Brief
The appellant and appellee must file individual briefs to aid the appellate court in its consideration of the i
ssues presented.Failure to do so results in a dismissal of the appeal. The facts of the case, the grounds f
or review, and the argumentsrelating to those questions must be concisely stated. Any statements referrin
g to the trial record must be supported by anappropriate reference to it.
The appellant's brief must specifically discuss the alleged errors that entitle the appellant to a reversal an
d discuss whyeach ruling of the lower court was wrong, citing authority, such as a case in which a similar
point of law has been decided ora statute that applies to the particular point in issue. Disrespectful or abu
sive language directed against the lower court, theappellate court, the parties, witnesses, or opposing cou
nsel cannot be used. If it is, it will be stricken from the brief, and thecosts of the brief that might have been
awarded are disallowed.

Review
Appellate courts have jurisdiction to decide only issues actually before them on appeal and nothing else.
They cannot renderopinions on controversies or declare principles of law that have no practical effect in s
ettling the rights of the litigants.
Only conclusions of law, not findings of fact made by a lower court, are reviewable.
Harmless Error The appellate court must decide whether the errors alleged to have been made by the tri
al court areharmless or prejudicial. An error that substantially injures the rights of one party is called a prej
udicial or reversible error andwarrants the reversal of the final judgment or order. However, an error that is
technical or minimally affects the rights of theparties or the outcome of the lawsuit is considered a Harmle
ss Error, insufficient to require a reversal or modification of thedecision of the lower court.

Hearing
The clerk of the appellate court schedules on the court calendar the date of the hearing on which each sid
e may present anoral argument. Oral arguments, usually ten to fifteen minutes for each side, help the cou
rt understand the issues argued inthe brief and persuade the court to rule in favor of the arguing party. Du
ring the arguments of appellant and appellee, it is notunusual for the appellate judge to interrupt with ques
tions on particular issues or points of law.
The appellant's argument briefly discusses the facts on which the Cause of
Action is based and traces the history of thecase through the lower courts. It includes the legal issues rai
sed by the exceptions taken to the allegedly erroneous rulingsof the trial judge. Thereafter, the appellee's
counsel presents arguments in favor of affirming the original decision.

Determination
An appellate court has broad powers over the scope of its decision and the relief to be granted. After revi
ewing thecontrolling issues in an action, it may affirm the decision of the inferior tribunal, modify it, revers
e it, or remand the case fora new trial in the lower court pursuant to its order.When a decision is affirmed,
the appellate court accepts the decision ofthe lower court and rejects the appellant's contention that it wa
s erroneously made. The modification of a decision by anappellate court means that, while it accepts part
of the trial court's decision, the appellant was correct that the decision waspartly erroneous. The trial court
's decision is then modified accordingly.
A reversal of a decision means that the appellate court agrees with the appellant that the decision was err
oneously made.The party who lost the case at the trial level becomes the winning party in appellate court.
In some cases, a decision might be reversed but the lawsuit is still unresolved. The appellate court then o
rders the reversalwith the direction that the case be remanded to a lower court for the determination of th
e issues that remain unsettled.
If a judgment or order is reversed in an intermediate appellate court, the losing party may file an appeal wi
th a superiorappellate court for relief, and the appellate process begins again. The decision rendered by a
superior appellate court cannotordinarily be reviewed. In state cases involving issues based on federal st
atutes or the Constitution, however, an appealmay be brought in the federal court system on those questi
ons that are within its jurisdiction.

Further readings
Lynn, Richardson R. 1985. Appellate Litigation. New York: Wiley Law.
Magen, Barbara S. 2003. "Let's twist again: getting reargument and reconsideration on appeal." Pennsylv
ania Law Weekly26 (April).
Wood, Jefri, and Diane Sheehey. 1997. Guideline Sentencing: An Outline of Appellate Case Law on Sele
cted Topics.Washington, D.C.: Federal Judicial Center.

Cross-references
Appellate Advocacy; Appellate Court; Federal Courts; Remand.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
appeal
1) v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. A
fter the lowercourt judgment is entered into the record, the losing party (Appellant) must file a notice of ap
peal, request transcripts orother records of the trial court (or agree with the other party on an "agreed-
upon statement"), file briefs with the appeals courtciting legal reasons for over-turning the ruling, and sho
w how those reasons (usually other appeal decisions called"precedents") relate to the facts in the case. N
o new evidence is admitted on appeal, for it is strictly a legal argument. Theother party (Respondent or A
ppellee) usually files a responsive brief countering these arguments. The appellant then cancounter that r
esponse with a final brief. If desired by either party, they will then argue the case before the appeals court
,which may sustain the original ruling, reverse it, send it back to the trial court, or reverse in part and confi
rm in part. Thereare Federal Courts of Appeal in ten different "circuits," and above them is the Supreme C
ourt which selectively hears only afew appeals at the highest level. 2) n. the name for the process of appe
aling, as in "he has filed an appeal."
Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

appeal
noun appellate review, appellatio, application for retrial, application for review by a higher
tribunal, bid, complaint to a superior court, petition, reconsideration, recourse to some higher
power, rehearing, reopening, request for another decision, reeuest for retrial, request for
review, resort to superior auuhority, retrial, review
Associated concepts: appellate courts, appellate jurisdiction, certiorari
Foreign phrases: De fide et officio judicis non recipitur quaestio, sed de scientia, sive sit error juris, sive f
acti.The goodfaith and honesty of a judge are not to be quessioned, but his knowledge, whether it be in er
ror of law or fact, may be.

appeal
verb appelare, apply for a reexamination of a case, apply for a retrial, apply for a review of a case
to a higher tribunal, bid, bring new evidence, claim, consider again with a view to a change or
action, contest, contest a case by asking for review, homini placere, obsecrare, reexamine, refer
to, rehear, reopen, request another decision, request reexamination, request reopening of a
case, retry, review, seek reexamination, seek reference of a case from one court to another, seek
review of a case, sue
Associated concepts: appeal as a matter of right, appeal
bond, appeal in forma pauperis, appealable interest, appealablejudgment, appealable order, appealed fro
m an order of the court, discretionary appeal, perfect on appeal

See also: address, amenity, call, challenge, coax, entreaty, habeas

corpus, importune, incentive, invitation, motivate, petition, press, request, rhetoric

Burton's Legal Thesaurus, 4E. Copyright 2007 by William C. Burton. Used with permission of The
McGraw-Hill Companies, Inc.

appeal
the process of taking a case to a court with power to alter the decision of the court that has made thedeci
sion complained of A court with power to hear appeals is called an appellate court, a person appealing is
usually calledan appellant and his opponent the respondent. (In Scotland, a person appealing to the Inner
House of the COURT OF
 SESSION is called a reclaimer, the process a reclaiming motion) Some courts hear appeals completely a
new, but usuallyan appeal is argued with a view to correcting a legal error in the court below. As witnesse
s are not usually heard, the factsare normally taken as found in the court below, but if a transcript is availa
ble, the reasonableness of a decision or inferencestaken from primary facts established may often be cha
llenged on appeal. Sometimes a court has power to order a new trialor to deal with a case again if new ev
idence that could not have been put before the lower court comes to hand.
Collins Dictionary of Law W.J. Stewart, 2006
APPEAL, English crim. law. The accusation of a person, in a legal form, for
a crime committed by him; or, it is the lawfuldeclaration of another man's
crime, before a competent judge, by one who sets his name to the
declaration, and undertakesto prove it, upon the penalty which may ensue
thereon. Vide Co. Litt. 123 b, 287 b; 6 Burr. R. 2643, 2793; 2 W. Bl. R.
713; 1B. & A. 405. Appeals of murder, as well as of treason, felony, or
other offences, together with wager of battle, are abolishedby stat. 59 Geo. M. c. 46.
APPEAL, practice. The act by which a party submits to the decision of a
superior court, a cause which has been tried in aninferior tribunal. 1 S. & R. 78 Bin. 219; 3 Bin. 48.
2. The appeal generally annuls the judgment of the inferior court, so
far that no action can be taken upon it until after thefinal decision of
the cause. Its object is to review the whole case, and to secure a just judgment upon the merits.
3. An appeal differs from proceedings in error, under which the errors
committed in the proceedings are examined, and ifany have been committed
the first judgment is reversed; because in the appeal the whole case is
examined and tried as if ithad not been tried before. Vide Dane's Ab. h.t.;
Serg. Const. Law Index, h.t. and article Courts of the United States.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published
1856.

Want to thank TFD for its existence? Tell a friend about us, add a link to this page, or visit the
webmaster's page for free fun content.

Link to this page:

Facebook

Twitter

Feedback
My bookmarks?
Please log in or register to use bookmarks. You can also log in with
Facebook
Twitter
Google+
Yahoo
TheFreeDictionary presents:
Write what you mean clearly and correctly.
Mentioned in?
 Appeal forms
appelare
appellant
Appellate Advocacy
appellate court
appellate review
appellatio
Appellee
application for review by a higher tribunal
apply for a reexamination of a case
apply for a retrial
apply for a review of a case to a higher tribunal
Assignment of errors
beseechment
Brief for Appellant
Brief for Appellee
Brief for Respondent
Brief of Petitioners
bring new evidence

References in periodicals archive?

While teaching students to write trial and appellate briefs, I have used
Making effective use of practitioners' briefs in the law school curriculum
There is no shortage of advice and common knowledge when it comes to appellate brief writing, as
anyone who practices appeals knows.
Common knowledge about appellate briefs: true or false?
Recognizing the most common mistake made by attorneys when writing appellate briefs for his court,
Judge Joseph Nesbitt of Florida's Third District Court of Appeal advises:
Appellate specialization and the art of appellate advocacy
Rules governing appellate briefs usually require a statement of issues presented and a summary of
argument.
Power of the pen: taking your case to a higher level? For effective brief writing, consider these
suggestions from a veteran justice of a state supreme court. They may also help you write your next trial
memorandum
1 billion Price class action judgment and decertification of the class of "lights" cigarette smokers, Philip
Morris USA told the Illinois Supreme Court in its initial appellate brief filed today.
Philip Morris USA Lists Numerous Reasons in Seeking Reversal of Price Judgment and Decertification of
Illinois Smokers' Class
In Chapter Six, for example, Richmond compares several drafts of a passage from an appellate brief.
Legal Writing: Form & Function
The plaintiff's appellate brief on whether the government is liable for the negligence of a temporary
certified registered nurse anesthetist.
How to protect damages in federal tort cases: safeguard your clients' awards by knowing the pitfalls of
Federal Tort Claims Act litigation
OTCBB:ITHH), has filed its appellate brief in the Second Circuit Court of Appeals, in an effort to correct
what it believes was an error by Judge Robert Carter.
ITIS Holdings Goes Forward with Appeal
Rehnquist, From Webster to Word Processing: The Ascendance of the Appellate Brief, 1 J.
Understanding the art of appellate advocacy: why trial counsel should engage experienced appellate
counsel as a matter of professional responsibility and legal strategy
Chestek, The Plot Thickens: The Appellate Brief as Story, 14 Leg.
Changing fashions in advocacy: 100 years of brief-writing advice
 Following lunch, winning high school students from the second annual appellate brief writing competition
presented oral arguments before Chief Justice Wells and Justice Lewis.
FLREA conducts Law Week events in Tallahassee
May 14, 2012 /PRNewswire/ -- On May 11, 2012, the Department of Justice ("DOJ"), on behalf of the
United States of America, filed a second motion to extend the deadline for filing its initial appellate brief,
which is due to expire on May 18, 2012 to June 18, 2012.
AmBase Corporation News Release
More results

Legal browser?

appealable
appealer
appealing
appealing conclusively
appealing forcibly
appealing malpractice case
appealing to reason
appear
appear for
appear for duty
appearance
Appearance by lawyer, obligations
Appearance day
appearing
appearing at intervals
appease
appeased
appeasement
appeaser
appelare
appelation
appellant
appellare
Appellate
Appellate Advocacy
Appellate Brief
appellate court
Appellate jurisdiction
appellate review
appellatio
appellation
appellative
appellator
Appellee
Appellor
append
appendage
appendant
appended
 Appenditia
appendix
Appendix to Appellants' Briefs
apperceive
apperception
apperceptive
appercipient
appertain
appertain to
appertaining
appertaining to
appetence

Full browser?

Appell, Paul Emile
Appellable
Appellancy
appellant
appellant
appellant
appellant
appellant
appellant
appellant
Appellant's Opening Brief
Appellants Reply Brief on the Merits
appellants
appellants
appellants
appellants
appellants
appellants
appellare
appellare
appellare
appellare
appellate
appellate
appellate
appellate
appellate
appellate
Appellate Advocacy
Appellate Authority for Industrial and Financial Reconstruction
Appellate Brief
appellate court
appellate court
 appellate court
appellate court
appellate court
Appellate courts
Appellate courts
Appellate courts
Appellate courts
Appellate courts
Appellate department
Appellate department
Appellate Division
Appellate Judges Education Institute
Appellate jurisdiction
Appellate Public Defender Office
Appellate review
Appellate review
Appellate review
Appellate review
Appellate review
Appellate Review of Damages
Appellate Review of Damages
Appellate Review of Damages
Appellate Review of Damages
Appellate Review of Damages
Appellate Tribunal for Foreign Exchange
appellates
appellates
appellates

Facebook Share

Twitter

Google+

CITE









 Open / Close
More from LegalDictionary

Mobile Apps
Apple

Android

Kindle

Windows

WindowsPhone

Free Tools
For surfers:
Free toolbar & extensions

Word of the Day

Word Finder

Help
For webmasters:
Free content

Linking

Lookup box
Terms of Use

Privacy policy

Feedback

Advertise with Us
Copyright 2003-2017 Farlex, Inc
Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data
is for informational purposes only. This information should not be considered complete, up to date, and is
not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other
professional.