Simple English definitions for legal terms
Read a random definition: Franks hearing
Definition: A protective appeal is a legal proceeding where a lower court's decision is submitted to a higher court for review and possible reversal. It is filed by a lawyer as a precautionary measure to protect their client's right to appeal. This type of appeal is usually filed when there is uncertainty about where to appeal, doubts about the length of the appeal period, or when the client must preserve uncertain or contingent rights.
Example: A protective appeal may be filed when a client's motion to intervene has been denied, and the trial court is entering other orders that the client wants to appeal. For instance, if a client is involved in a lawsuit and the court denies their motion to intervene, but the court is also entering other orders that the client wants to appeal, the lawyer may file a protective appeal to protect their client's right to appeal the other orders.
This example illustrates how a protective appeal is used to protect a client's right to appeal when there is uncertainty about where to appeal or when the client must preserve uncertain or contingent rights.