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,...


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,...



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...

Approach the Witness


To move towards a witness in order to show him or her a document or exhibit. In some jurisdictions, an attorney must request to approach a witness, i.e. "May I approach the witness?"

Illustrative caselaw

See, e.g. Michaels v. State, 970...


See: Annual Percentage Rate


An arbiter is a person that has the legal authority to decide disputes. The arbiter’s decisions are made based on the rules of law and equity. This is distinguishable from an arbitrator, who is not bound to follow substantive law when making...


An ADR method with one or more persons hearing a dispute and rendering a binding decision. An agreement to arbitrate disputes can be made before or after a specific dispute arises. Since the parties can agree to the rules of arbitration (e.g.,...


A person who hears disputes and decides them, especially by way of arbitration.


A Latin term meaning "in arguing" or "for the sake of argument". When one assumes something arguendo, the person is asserting a hypothetical or other statement for the purpose of argument.


An argument is both the process of giving reasons for believing something is true as well as the term used to describe the reason(s) given.

An argument is also a disagreement between two or more persons, in which opposing...