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Appeal - Right To Appeal, Final Decision, Grounds, Time Of Appeal, Record On Appeal, Assignment Of Errors - Notice of Appeal, Bonds

court appellate review law

Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law.

A person who initiates an appeal—the appellant, sometimes called the plaintiff in error, must file a notice of appeal, along with the necessary documents, to commence appellate review. The person against whom the appeal is brought, the appellee, then files a brief in response to the appellant's allegations.

There are usually two stages of review in the federal court and in many state court systems: an appeal from a trial court to an intermediate appellate court and thereafter to the highest appellate court in the jurisdiction. Within the appellate rules of administrative procedure, there might be several levels of appeals from a determination made by an ADMINISTRATIVE AGENCY. For example, an appeal of the decision of an ADMINISTRATIVE LAW judge may be heard by a reviewing body within the agency, and from that body, the appeal may go to a trial court, such as a federal district court. Thereafter, the appeal might travel the same route as an appeal taken from a judicial decision, going from an intermediate to a superior appellate court, or it might go directly to a superior appellate court for review, bypassing the intermediate stage. The

rules of appellate procedure applicable to a particular court govern its review of cases.

Notice of Appeal

A notice of appeal—a written document filed by the appellant with the court and a copy of which is sent to the appellee—is the initial step in the appeals process. It informs the court and the party in whose favor a judgment or order has been made that the unsuccessful party seeks a review of the case. Failure to file a notice of appeal according to the statutory requirements will preclude appeal.

Bonds

An appeal bond, a promise to pay a sum of money, must often be posted by an appellant to secure the appellee against the costs of the appeal, if the appellee is successful and the appellant fails to pay. Its amount is determined by the court itself or by statute. The imposition of such a bond discourages frivolous appeals. If successive appeals are taken from an intermediate appellate court to a superior one, a new bond is usually required.

FURTHER READINGS

Lynn, Richardson R. 1985. Appellate Litigation. New York: Wiley Law.

Magen, Barbara S. 2003. "Let's twist again: getting reargument and reconsideration on appeal." Pennsylvania Law Weekly 26 (April).

Wood, Jefri, and Diane Sheehey. 1997. Guideline Sentencing: An Outline of Appellate Case Law on Selected Topics. Washington, D.C.: Federal Judicial Center.

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