appellate procedure

Appearance

The act of taking part in a lawsuit. Appearance refers not only to physical presence in court when required, but also to procedural compliance (e.g., filing an answer, participating in discovery). The term can refer to parties in the case, and...

Appellant

The party who appeals a lower court's decision in a higher court. The appellant seeks reversal or modification of the decision. By contrast, the appellee is the party against whom the appeal is filed.

Suppose P sues D, and wins. D files an...

Appellate Court

Definition from Nolo’s Plain-English Law DictionaryA higher court that reviews the decision of a lower court when a losing party files an appeal.

Definition provided by Nolo’s Plain-English Law Dictionary.

Appellate Jurisdiction

Definition

Appellate jurisdiction refers to the power of a court to hear appeals from lower courts.

Overview

Appellate jurisdiction includes the power to reverse or modify the the lower court's decision. Appellate jurisdiction exists for both...

Appellate Procedure

Appellate Procedure: An Overview

Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including correcting errors committed by a trial court,...

Appellee

The party against whom an appeal is filed. The appellee usually seeks affirmance of the lower court's decision. By contrast, the appellant is the party who filed the appeal.

Suppose P sues D, and wins. D files an appeal. P is the appellee,...

Approach

Definition

To move towards the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot. An attorney or juror (during voir dire) must request to approach the bench, i.e. "Your honor, may I...

Authority

Authority is the official permission or right to act, often on behalf of another. Authority may also be a person or institution that has power over another person.

Authority as agency is the power to act on behalf of another...

Authorize

To authorize means to grant authority; to empower. It may also mean to formally or officially approve.

[Last updated in June of 2021 by the Wex Definitions Team]

Avowal

Overview

An avowal is a declaration made by an attorney during the trial process. This is an open declaration by an attorney representing a party in a lawsuit, made after the jury has been removed from the courtroom, that requests the admission of...

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