appeal

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appeal,

in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court. The party appealing the decision is known as the appellant, the party who has won the case in the lower court as the appellee. The term is also sometimes used to describe the review by a court of the action of a government board or administrative officer. Appellate procedure is set by statute. There are two types of errors, of fact and of law. An error of fact is drawing a false inference from evidence presented at the trial. An error of law is an erroneous determination of the legal rules governing procedureprocedure,
in law, the rules that govern the obtaining of legal redress. This article deals only with civil procedure in Anglo-American law (for criminal procedure, see criminal law).
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, evidenceevidence,
in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials.
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, or the matters at issue between the parties. Ordinarily, only errors of law may be reviewed in appeal. In an appeal from an action tried in equityequity,
principles of justice originally developed by the English chancellor. In Anglo-American jurisprudence equitable principles and remedies are distinguished from the older system that the common law courts evolved.
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, however, the appellate court passes on the entire record, both as to facts and law. Should the appeals court conclude that no error was committed, it will affirm the decision of the lower court. If it finds that there was error, it may direct a retrial or grant a judgmentjudgment,
decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decree (order) of courts of equity. The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity; thus, except
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 or decreedecree,
in law, decision of a suit in a court of equity. It is the counterpart in equity of the judgment in a court of law, although in those jurisdictions where law and equity have merged, judgment is sometimes used to include both.
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 in favor of the party who lost in the lower court. The determinations of appeals courts are usually printed, often with an opinion indicating the basis for the court's decisions. Such opinions are of great utility in guiding the inferior courts and are often cited as precedents in future cases. See also habeas corpushabeas corpus
[Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.
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.

Appeal

 

(juridical), one of the forms of appealing judicial decisions that have not become res judicata in criminal and civil proceedings.

In the appeal procedure, the next higher court examines the merits of the decision of a lower court, reviewing anew the investigation of the evidence presented in the case and any new evidence that may be presented. After this, the higher court will either affirm the appealed decision or, having reversed it, will render a new decision. This distinguishes an appeal from a cassation, which means in bourgeois states that a higher court cannot render a new decision but can only cancel the appealed decision or direct the lower court to retry the case. In an appeal, a court’s decision is reviewed not merely in terms of isolated procedures but on the merit of the case as a whole—including the guilt or innocence of the defendant, the punitive measure, the recovery or dismissal, and the amount sought in the suit. The decision resulting from an appeal procedure is usually subject to a cassation appeal (with a few exceptions).

The appeal form developed in France during the period of the consolidation of absolutism, since an appeal made it possible to transfer a case from the courts of the local feudal lords to royal courts. In bourgeois states, as a rule, all judicial decisions can be appealed, aside from jury trials and such exceptions as court-martials. Only in Great Britain, by a law passed in 1907, are appeals of jury verdicts allowed. Moreover, in reviewing a case, the appellate court has the right to make worse the position of the parties—for example, by increasing the punitive measure. The introduction of appeals of decisions arising out of jury trials in Great Britain was a departure even from the bourgeois-democratic foundations of the judicial process, since the jury trial in bourgeois countries is the sole form of the general population’s participation in administration of justice. Under an appeal system, the center of proceedings is shifted to the appellate court. This essentially limits the importance of the courts of first instance, which are usually more accessible to the population from the point of view of publicity of the judicial proceedings.

In the USSR, the appeal procedure was abolished by the First Decree on the Courts of Nov. 22, 1917, since it was regarded as an institution that could not be conducive to the consolidation of the authority of the new people’s courts. In contemporary Soviet procedure there are only isolated elements of appeal procedure. For example, article 46 of the Fundamentals of Civil Procedure of the USSR and the Union Republics (1961) allows the next higher court to render a new decision if the case requires no gathering or additional checking of evidence and the circumstances of the case were fully and correctly established by the court of first instance but some error in applying the law has occurred. Such a formulation does not undermine the authority and importance of decisions rendered by lower courts, primarily by raion or city people’s courts—the basic units of the Soviet judicial system. The form of appealing court decisions in the USSR is that of cassation.

T. N. DOBROVOL’SKAIA.

appeal

1. Law
a. the judicial review by a superior court of the decision of a lower tribunal
b. a request for such review
c. the right to such review
2. Cricket a verbal request to the umpire from one or more members of the fielding side to declare a batsman out
3. English law (formerly) a formal charge or accusation
References in periodicals archive ?
Although the article primarily deals with Texas law, it does contain a good discussion of the various "interests" involved in determining whether interlocutory appeals should be allowed, and also discusses various approaches to allowing greater appealability, which have been adopted by other jurisdictions (including New York).
The law governing the appealability of final and nonfinal orders is a virtual minefield, and the failure to take the time to understand the rules and applicable case law can result in malpractice.
30) The Supreme Court has also expressed a fear that immediate appealability of non-final orders may be used as a harassment tool by a litigant seeking to increase the time and cost of litigation at the expense of the opposing party.
to prevail, timeliness, appealability, and ineffective assistance of
No one has ever raised the question of appealability.
2088 (2005) (denying certificate of appealability to raise breach of the Vienna Convention).
Petitioner, who was denied a writ of habeas corpus in federal district court, requires a certificate of appealability in order to pursue the merits of his claims on appeal.
The "certificate of appealability," which can only be issued by a circuit judge, replaced the former "certificate of probable cause to appeal," which could be issued by the district judge who had denied the habeas petition.
263) It was also the message in Hohn, which treated ex parte petitions for certificates of appealability as "judicial in nature," (264) notwithstanding the dissent's complaint that these proceedings lacked the qualities of adverseness associated with cases.