Legal Definitions - appeal of right

An appeal of right refers to a situation where a party in a legal case is legally entitled to have their case reviewed by a higher court. This means the appellate court *must* hear the appeal, provided the party has followed the correct procedures and filed it within the specified timeframe. It is not a request that the higher court can choose to accept or deny; rather, it is a guaranteed opportunity for review, typically established by statute or constitutional provision.

• Imagine a small business owner, Sarah, who loses a contract dispute in a state trial court. The trial court judge rules against her, ordering her to pay damages. In many jurisdictions, Sarah would have an appeal of right to the state's intermediate court of appeals. This means that as long as she files her appeal correctly and on time, the appellate court is obligated to review the trial court's decision for legal errors. They cannot simply refuse to hear her case.

• Consider John, who has been convicted of a felony in a state trial court. After his conviction and sentencing, John believes there were significant legal errors made during his trial, such as incorrect jury instructions or the improper admission of evidence. In most U.S. jurisdictions, John has an appeal of right to an intermediate appellate court. This guarantees him a review of his conviction by a higher court to ensure that legal procedures were followed correctly and that his rights were protected, without the appellate court having the discretion to turn down his request for review.

• Suppose a local government agency denies a building permit to a developer, Maria, citing a misinterpretation of zoning regulations. After exhausting all internal agency review processes, Maria might have an appeal of right to a specific administrative appeals court or a general trial court for judicial review of the agency's decision. This ensures that the agency's interpretation of the law and its application to her case can be reviewed by an independent judicial body, and the court cannot simply decline to hear her challenge to the agency's final ruling.