Legal Definitions - appeal

An appeal is a formal request made to a higher court or authority to review a decision that was made by a lower court or an administrative body. The primary goal of an appeal is to determine if any significant legal errors occurred during the initial proceedings that might have unfairly influenced the outcome. It is important to understand that an appeal is not a new trial where facts are re-litigated; instead, it is a review of the existing record to ensure that the law was applied correctly and that proper legal procedures were followed.

The party who initiates the appeal, believing the original decision was incorrect, is known as the appellant. The party defending the original decision, arguing it should stand, is called the appellee or respondent. Appeals can be categorized as either "of right," meaning the higher court is obligated to hear the case, or "discretionary," where the higher court has the option to decide whether or not to review the decision.

Here are some examples illustrating the concept of an appeal:

• Challenging a Criminal Sentence: A person is convicted of a felony in a state trial court and receives a lengthy prison sentence. Their attorney believes that the judge made a mistake by improperly instructing the jury on a crucial point of law, which could have led to the guilty verdict. The attorney files an appeal with the state's intermediate appellate court, arguing that this legal error warrants a new trial or a reversal of the conviction.

  This demonstrates an appeal because the convicted individual (appellant) is asking a higher court to review the trial court's decision, specifically challenging a legal ruling made by the judge during the proceedings.

• Disputing a Civil Judgment: A homeowner sues a construction company for faulty workmanship. After a bench trial (a trial without a jury), the judge rules in favor of the construction company, concluding that the homeowner failed to provide sufficient evidence of negligence. The homeowner believes the judge misapplied the legal standard for negligence to the evidence presented. They file an appeal to the state's appellate court, seeking to have the trial court's judgment reversed and potentially a new trial ordered.

  This illustrates an appeal as the homeowner (appellant) is challenging a lower court's final judgment in a civil case, arguing that the judge made a legal error in evaluating the evidence against the applicable law.

• Reviewing an Environmental Agency Decision: A local environmental group applies for a permit to conduct a specific conservation project, but the state's environmental protection agency denies their application, citing a new regulatory interpretation. The environmental group believes the agency's interpretation of the regulation is overly broad and inconsistent with legislative intent. They file an appeal, first to an internal administrative review board within the agency, and if unsuccessful there, potentially to a state court, to challenge the agency's decision.

  This example shows an appeal originating from an administrative decision rather than a court. The environmental group (appellant) is challenging a government agency's determination by seeking review from a higher authority, arguing a misapplication or misinterpretation of regulations.