Legal Definitions - appello

Appello

In ancient Roman law, appello refers to the formal declaration made by a party in court, signifying their immediate intention to appeal a judicial decision. Literally translating to "I appeal," this was a specific procedural step where a litigant would directly address the judge who had just rendered a verdict, expressing their desire for the case to be reviewed by a higher authority or a different court. This direct, in-court declaration was known as appealing "apud acta" (in the presence of the judge).

• Imagine a Roman merchant, Lucius, who has just lost a significant contract dispute. The praetor (a Roman magistrate acting as a judge) has ordered Lucius to pay a large sum to his opponent. Believing the judgment was based on a misunderstanding of the evidence, Lucius, immediately after the praetor pronounces the verdict, stands and declares, "Appello!" directly to the praetor.

  This illustrates appello as Lucius's direct, in-court declaration to the judge, signaling his intent to challenge the decision and initiate the appeal process right at the moment the initial judgment was delivered.

• Consider a scenario where two Roman citizens are disputing the rightful ownership of a small vineyard. After hearing arguments and reviewing evidence, the judge rules in favor of one party, Gaius. The losing party, Cornelia, firmly believes the judge overlooked crucial testimony she presented. Before the court session concludes, Cornelia immediately states, "Appello!" to the judge.

  Here, Cornelia's use of appello demonstrates the immediate and public nature of initiating an appeal in Roman law, made directly to the judge who delivered the initial ruling, indicating her dissatisfaction and desire for a higher review of the case.