Appellant
Definition of "Appellant"
The appellant definition references a concept related to legal proceedings. The appellant is the individual who is dissatisfied with the judgment in a lawsuit and asks for a superior court to review the decision. In order to appeal a court’s decision, the appellant must show that they have sufficient grounds for an appeal. Without sufficient grounds, they can not challenge the court’s judgment.
What does Appellant Mean?
In order to define appellant, we must understand how general legal proceedings go. For example, if John sues Jane and wins, Jane is allowed to file an appeal if she is dissatisfied with the result of the initial suit. In that case, Jane is the appellant and John is the appellee. If Jane wins the appeal, John can appeal as well, and the roles are reversed. In this case, the word appellant can be replaced by petitioner.
The most common situation when an appellant can appeal a lawsuit is if they lost in the trial court and appeal to the supreme court for a reversal or modification of the trial court judgment. The status of the appellant isn’t relevant as either plaintiff or defendant can become appellants. Similarly, it doesn’t matter if the appellant won or lost the case. If they have enough grounds to appeal the court’s decision and ask for a superior court to review the decision, they can.
How can one Become an Appellant?
As stated above, a trial court has to occur where one of the parties is dissatisfied with the result. Either the plaintiff or defendant can have grounds for appeal, even if they win the case. The decision to appeal comes from that dissatisfaction or the belief that the court made a mistake. Whether the appellant lost the case at the lower court level or won and was unhappy with the lower court’s decision, they can appeal to a higher court to review the decision.
Some legitimate legal grounds for an appeal are jurisdiction, jury instructions, evidentiary error.
Popular Real Estate Terms
Type of ownership by husband and wife, recognized in 27 states, in which the rights of the deceased spouse pass to the survivor. It is the same as joint tenancy, except that one spouse ...
The depreciation method where an equal amount of depreciation expense is allocated to each full period of the asset's useful life. The amount of depreciation is computed as follows; Annual ...
Purchase of part of property or property rights when condemnation takes place. The owner must be justly reimbursed. ...
An increase in the income tax basis of a property that is a result of a tax-free exchange. As a result of an inheritance, for example, the basis of the inherited property was stepped up to ...
Don’t know what snowbirds mean? It’s not birds made of snow. Snowbirds is a nickname given to Canadians and American people that live in the colder northern states, that, ...
See accommodation endorser, maker, or party. ...
The "frost line" is a critical concept in real estate and construction, especially in regions with cold climates. But what exactly is the frost line, and why does it matter? Let’s ...
Any gain or loss from selling of capital assets. The gain or loss is the difference between the net selling price and cost basis. The two types of capital gains or losses for tax purposes ...
Personal income minus personal income tax payments and other government deductions. It is the personal income available for people to spend or save; also called take-home pay. It may be a ...
Have a question or comment?
We're here to help.