Legal Definitions - apostle

Apostle

In the context of civil and maritime law, an apostle refers to the official collection of documents or a formal letter that a trial court sends to a higher appellate court when a case is being appealed. This compilation typically includes a summary of the case, the trial court's judgment, and all relevant records, evidence, and transcripts necessary for the appellate court to review the lower court's decision.

• Example 1: Contract Dispute Appeal

  Imagine a business dispute over a breach of contract. After the trial court rules in favor of one party, the losing party decides to appeal the decision. The trial court would then prepare the apostle, which would contain the original contract, witness testimonies, evidence presented during the trial, and the trial judge's final ruling. This entire package is then formally transmitted to the appellate court for their review.

• Example 2: Maritime Salvage Claim

  Consider a scenario where a salvage company successfully rescues a distressed ship, but the ship's owner disputes the amount of the salvage award determined by a lower maritime court. If the ship owner appeals, the maritime trial court would assemble the apostle. This would include all documents related to the salvage operation, expert assessments of the ship's value and the salvage effort, and the original court's judgment on the award. This comprehensive record is essential for the appellate court to reassess the claim.

• Example 3: Property Boundary Appeal

  Suppose two neighbors have a protracted legal battle over their property boundary, and the trial court issues a judgment defining the line. If one neighbor believes the court made an error and decides to appeal, the trial court would compile the apostle. This would include property deeds, survey maps, and the full transcript of the trial proceedings, all sent to the appellate court for a fresh examination of the boundary dispute.