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LSDefine
Simple English definitions for legal terms
devolutive appeal
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A quick definition of devolutive appeal:
Devolutive appeal is when someone asks a higher court to review and possibly change a decision made by a lower court or agency. However, the original decision still stands while the appeal is being considered. It's like asking a teacher to look at your test again to see if they made a mistake, but your grade doesn't change until they make a new decision.A more thorough explanation:
A devolutive appeal is a type of appeal where the execution of the underlying judgment is not suspended. It is a legal proceeding where a lower court's decision is submitted to a higher court for review and possible reversal. This type of appeal does not stop the lower court's decision from being carried out while the appeal is being considered.
- John was found guilty of a crime and filed a devolutive appeal. He was allowed to remain out of jail while the appeal was being considered, but the sentence was still in effect.
- In a divorce case, the husband filed a devolutive appeal against the lower court's decision to award alimony to his wife. The wife was still entitled to receive the alimony payments while the appeal was being considered.
These examples illustrate how a devolutive appeal does not stop the execution of the underlying judgment. The appellant can still file an appeal, but the decision of the lower court remains in effect until the appeal is resolved.