The definition of the word appeal is the act in a legal proceeding that asks for a higher court to review the lower court decisions in hopes of reversing the lower courts judgment or a new trial.
When a losing party feels that it is necessary to appeal the lower courts decision and have their case re-tried the appeal process will begin. Both parties within a civil court case have the right to retry the case and in some federal administrative agencies, this would be possible as well. When talking about criminal cases the government is prohibited from appealing. But in terms of a sentence issued then either party has the right to appeal the guilty verdict.
The losing party would file a claim that the trial had legal errors that caused the case’s decision to be unfavorable. The appellee will file their written brief that will try to attempt to show why they feel the court’s decision was correct or that the error had no bearing on the court outcome.
During the appellate court, no evidence or witness may be heard from the prior court. The written briefs in some instances might be enough for these appellate courts to make a final decision, however, if it’s not then oral arguments can be heard before a judge.
If you feel that a court hearing was not properly concluded then hiring an attorney to help file an appeal may be in your best interest. The highest courts that someone can take there appeal to would be that of the United States Supreme Court. Keep in mind that not appeals will be accepted and herd from teh Supreme courts.« Back to Glossary Index