VocabuLaw

Appellant

What is it and what does it mean?

Description of the legal term Appellant:

Appellant is the party in a legal case who appeals against a decision of a lower court. This party believes that the decision was wrong for reasons such as an error of law, procedural error or misinterpretation of the facts. The appellant seeks the intervention of a higher court to reverse or modify the lower court’s decision. The appeal process does not involve a rehearing of the entire case, but focuses on specific aspects of the original trial that the appellant believes were flawed.

The appellant must normally show that there was a substantial error of law, procedure or factual interpretation in the original trial. They are responsible for filing the necessary documents to initiate the appeal, including a notice of appeal, grounds of appeal, and sometimes the transcript of the trial. The appeal is then heard by a higher court, which considers the case on the basis of the documents and arguments submitted.

Legal context in which the term Appellant may be used:

Example 1: Civil dispute
In a property dispute, the court rules in favour of the defendant, deciding that he has the right to a piece of land. The plaintiff, who disagrees with the court’s interpretation of the property laws applicable to the case, decides to appeal the decision. As the appellant, the plaintiff appeals to a higher court, arguing that the judge misapplied the law. The appellant’s argument is based on legal interpretations and precedents that he or she believes the lower court overlooked or misinterpreted. The higher court will consider these legal arguments to determine whether the original decision should stand or be overturned.

Example 2: Criminal conviction
Consider a criminal case where a person is convicted of a crime. Unconvinced by the jury’s verdict and believing that certain evidence was improperly admitted during the trial, the convicted person (now the appellant) files an appeal. The appellant’s argument may focus on procedural errors, such as the admission of evidence obtained without a proper warrant, which they believe unfairly affected the outcome of the trial. The appellate court will examine the procedural issues raised by the appellant to decide whether the trial was flawed and whether the conviction should be quashed or a new trial ordered.

In these two examples, the appellants are not simply dissatisfied with the outcome of their case; they have specific legal grounds on which to base their appeal. The role of the appellant is crucial in the justice system as it allows for the correction of errors and the clarification of legal principles, thereby ensuring fairness and the proper application of the law.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.