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Simple English definitions for legal terms
appeal as of right
Read a random definition: same-invention double patenting
A quick definition of appeal as of right:
An appeal is when someone asks a higher court to review and possibly change a decision made by a lower court or agency. There are different types of appeals, including ones that require permission from the reviewing court and ones that don't. A direct appeal goes straight to the highest court, while an interlocutory appeal happens before the final ruling on a case. A frivolous appeal has no legal basis and is usually filed to delay paying a judgment. A suspensive appeal stops the execution of a judgment, while a devolutive appeal doesn't.A more thorough explanation:
Appeal as of right is a legal term that refers to the right of a party to appeal a lower court's decision to a higher court without needing permission from the higher court. This is different from an appeal by application, where permission must be obtained before the appeal can proceed.
- John was convicted of a crime and appealed the decision as of right to the appellate court.
- Mary's case was dismissed by the trial court, and she appealed the decision as of right to the appellate court.
These examples illustrate how a party can appeal a decision without needing permission from the higher court. As long as the appeal is filed within the time limit and meets the requirements, the party has the right to appeal the decision.