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appeal definition - legal

n

  1. The process to seek and obtain a review and reversal by a court of a lower courtÂ’s decision.
  2. The process to seek and obtain a review and reversal of an administrative decision by a court or by a higher authority within the administrative agency. See also certiorari, notice of appeal, trial (trial de novo), and writ of error.
appeal (as of) (by) right
An appeal in which a court or administrative agency must review the decision that is sought to be reversed.
appeal by permission
An appeal in which a court or administrative agencyÂ’s review of a decision is within the court or agencyÂ’s discretion. Also called discretionary appeal. See also certiorari.
consolidated appeal
An appeal in which the issues to be reviewed in two or more cases are similar enough that it is practical to unite the reviews into a single appeal. See also joinder.
cross appeal
An appeal by an appellee, usually considered at the same time as the appeal by the appellant.
direct appeal
An appeal of a trial courtÂ’s decision made directly to the jurisdictionÂ’s highest appellate court without first seeking review by the intermediate appellate courts. For example, although a United States District Court decision is usually first reviewed by one of the Untied States Court of Appeals before the United States Supreme Court considers it, a direct appeal bypasses the Court of Appeals and sends the District Court decision directly to the Supreme Court.
interlocutory appeal
An appeal of a trial courtÂ’s interim decision while the case is still pending in the trial court. Some interlocutory appeals involve legal questions whose resolution are necessary for the trial court to reach a proper decision in the action. Others involve issues that are entirely separate from the merits of the case. In most states, interlocutory appeals are permitted only in limited circumstances and are rarely granted.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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