appeal

ap·peal

A0375600 (ə-pēl′)n.1. An earnest or urgent request, entreaty, or supplication.2. A resort to a higher authority or greater power, as for sanction, corroboration, or a decision: an appeal to reason; an appeal to her listener's sympathy.3. Law a. A higher court's review of the correctness of a decision by a lower court.b. A case so reviewed.c. A request for a higher court to review the decision of a lower court.4. The power of attracting or of arousing interest: a city with special appeal for museumgoers.v. ap·pealed, ap·peal·ing, ap·peals v.intr.1. To make an earnest or urgent request, as for help.2. To have recourse, as for corroboration; resort: I appeal to your sense of justice.3. Law To make or request an appeal.4. To be attractive or interesting: The idea didn't appeal to me.v.tr. Law To request for an appeal of (a case) to a higher court for rehearing.Idiom: on appeal In the process of being appealed; while being appealed.

[Middle English apel, from Old French, from apeler, to appeal, from Latin appellāre, to entreat; see pel- in Indo-European roots.]

ap·peal′a·bil′i·ty n.ap·peal′a·ble adj.ap·peal′er n.

appeal

(əˈpiːl) n1. a request for relief, aid, etc2. the power to attract, please, stimulate, or interest: a dress with appeal. 3. an application or resort to another person or authority, esp a higher one, as for a decision or confirmation of a decision4. (Law) law a. the judicial review by a superior court of the decision of a lower tribunalb. a request for such reviewc. the right to such review5. (Cricket) cricket a verbal request to the umpire from one or more members of the fielding side to declare a batsman out6. (Law) English law (formerly) a formal charge or accusation: appeal of felony. vb7. (intr) to make an earnest request for relief, support, etc8. (intr) to attract, please, stimulate, or interest9. (Law) law to apply to a superior court to review (a case or particular issue decided by a lower tribunal)10. (intr) to resort (to), as for a decision or confirmation of a decision11. (Cricket) (intr) cricket to ask the umpire to declare a batsman out12. (General Sporting Terms) (intr) to challenge the umpire's or referee's decision[C14: from Old French appeler, from Latin appellāre to entreat (literally: to approach), from pellere to push, drive] apˈpealable adj apˈpealer n

ap•peal

(əˈpil)

n., v. -pealed, -peal•ing. n. 1. an earnest plea; entreaty; plea: an appeal for help. 2. a request or reference to some authority for a decision, corroboration, or judgment. 3. a. an application for review by a higher tribunal. b. (in a legislative body) a formal question as to the correctness of a ruling. 4. the power or ability to attract or stimulate the mind or emotions: The game has lost its appeal. v.i. 5. to make an earnest plea: appealed to the alumni for funds. 6. to apply for review of a case or particular issue to a higher tribunal. 7. to have need of or ask for proof, a decision, corroboration, etc. 8. to exert an attraction: The red hat appeals to me. v.t. 9. a. to apply for review of (a case) to a higher tribunal. b. to charge with a crime. [1250–1300; < Anglo-French, Old French a(p)peler < Latin appellāre to speak to = ap-1 + pellere to push, beat against] ap•peal`a•bil′i•ty, n. ap•peal′a•ble, adj. ap•peal′er, n.

appeal

In British English, if someone appeals against a legal decision or sentence, they formally ask a court to change the decision or reduce the sentence.

He appealed against the five year sentence he had been given.

Speakers of American English do not use 'against' after appeal. They say that someone appeals a decision.

Casey's lawyer said he was appealing the interim decision.

appeal

Past participle: appealed
Gerund: appealing

Imperative
appeal
appeal

Present
I appeal
you appeal
he/she/it appeals
we appeal
you appeal
they appeal

Preterite
I appealed
you appealed
he/she/it appealed
we appealed
you appealed
they appealed

Present Continuous
I am appealing
you are appealing
he/she/it is appealing
we are appealing
you are appealing
they are appealing

Present Perfect
I have appealed
you have appealed
he/she/it has appealed
we have appealed
you have appealed
they have appealed

Past Continuous
I was appealing
you were appealing
he/she/it was appealing
we were appealing
you were appealing
they were appealing

Past Perfect
I had appealed
you had appealed
he/she/it had appealed
we had appealed
you had appealed
they had appealed

Future
I will appeal
you will appeal
he/she/it will appeal
we will appeal
you will appeal
they will appeal

Future Perfect
I will have appealed
you will have appealed
he/she/it will have appealed
we will have appealed
you will have appealed
they will have appealed

Future Continuous
I will be appealing
you will be appealing
he/she/it will be appealing
we will be appealing
you will be appealing
they will be appealing

Present Perfect Continuous
I have been appealing
you have been appealing
he/she/it has been appealing
we have been appealing
you have been appealing
they have been appealing

Future Perfect Continuous
I will have been appealing
you will have been appealing
he/she/it will have been appealing
we will have been appealing
you will have been appealing
they will have been appealing

Past Perfect Continuous
I had been appealing
you had been appealing
he/she/it had been appealing
we had been appealing
you had been appealing
they had been appealing

Conditional
I would appeal
you would appeal
he/she/it would appeal
we would appeal
you would appeal
they would appeal

Past Conditional
I would have appealed
you would have appealed
he/she/it would have appealed
we would have appealed
you would have appealed
they would have appealed

Thesaurus

Noun	1.	appeal - earnest or urgent request; "an entreaty to stop the fighting"; "an appeal for help"; "an appeal to the public to keep calm"entreaty, prayerasking, request - the verbal act of requestingadjuration - a solemn and earnest appeal to someone to do somethingdemagoguery, demagogy - impassioned appeals to the prejudices and emotions of the populaceplea, supplication - a humble request for help from someone in authoritysolicitation - an entreaty addressed to someone of superior status; "a solicitation to the king for relief"suit - a petition or appeal made to a person of superior status or rankcourting, courtship, wooing, suit - a man's courting of a woman; seeking the affections of a woman (usually with the hope of marriage); "its was a brief and intense courtship"
	2.	appeal - attractiveness that interests or pleases or stimulates; "his smile was part of his appeal to her"appealingness, charmattractiveness - sexual alluresiren call, siren song - the enticing appeal of something alluring but potentially dangerous; "he succumbed to the siren call of the wilderness"winsomeness - childlike charm or appeal
	3.	appeal - (law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial; "their appeal was denied in the superior court"legal proceeding, proceeding, proceedings - (law) the institution of a sequence of steps by which legal judgments are invokedlaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
	4.	appeal - request for a sum of money; "an appeal to raise money for starving children"ingathering, solicitation, collectionpetition, request, postulation - a formal message requesting something that is submitted to an authoritywhip-round - (British) solicitation of money usually for a benevolent purpose
Verb	1.	appeal - take a court case to a higher court for review; "He was found guilty but appealed immediately"challenge - issue a challenge to; "Fischer challenged Spassky to a match"
	2.	appeal - request earnestly (something from somebody); ask for aid or protection; "appeal to somebody for help"; "Invoke God in times of trouble"invokecall for, request, bespeak, quest - express the need or desire for; ask for; "She requested an extra bed in her room"; "She called for room service"plead - appeal or request earnestly; "I pleaded with him to stop"call on, turn - have recourse to or make an appeal or request for help or information to; "She called on her Representative to help her"; "She turned to her relatives for help"
	3.	appeal - be attractive to; "The idea of a vacation appeals to me"; "The beautiful garden attracted many people"attractbewitch, captivate, charm, enamor, enamour, entrance, trance, becharm, beguile, enchant, capture, fascinate, catch - attract; cause to be enamored; "She captured all the men's hearts"beckon - appear inviting; "The shop window decorations beckoned"
	4.	appeal - challenge (a decision); "She appealed the verdict"take exception, challenge - raise a formal objection in a court of law
	5.	appeal - cite as an authority; resort to; "He invoked the law that would save him"; "I appealed to the law of 1900"; "She invoked an ancient law"invokecite, mention, refer, advert, name, bring up - make reference to; "His name was mentioned in connection with the invention"

appeal

verb1. plead, call, ask, apply, refer, request, sue, lobby, pray, beg, petition, solicit, implore, beseech, entreat, importune, adjure, supplicate The UN has appealed for help from the international community.
plead refuse, deny, reject, repudiate, repulsenoun1. plea, call, application, request, prayer, petition, overture, invocation, solicitation, entreaty, supplication, suit, cry from the heart, adjuration The government issued a last-minute appeal to him to return.
plea refusal, rejection, denial, repudiation2. attraction, charm, fascination, charisma, beauty, attractiveness, allure, magnetism, enchantment, seductiveness, interestingness, engagingness, pleasingness It was meant to give the party greater public appeal.
attraction repulsiveness3. retrial, reconsideration She lost the case on appeal.appeal to someone attract, interest, draw, please, invite, engage, charm, fascinate, tempt, lure, entice, enchant, captivate, allure, bewitch The idea appealed to him.Quotations
"appeal: in law, to put the dice into the box for another throw" [Ambrose Bierce The Devil's Dictionary]

appeal

noun1. An earnest or urgent request:entreaty, imploration, plea, prayer, supplication.2. An application to a higher authority, as for sanction or a decision:petition.Law: prayer.3. The power or quality of attracting:allure, allurement, attraction, attractiveness, call, charisma, charm, draw, enchantment, enticement, fascination, glamour, lure, magnetism, witchery.Informal: pull.verb1. To make an earnest or urgent request:beg, beseech, crave, entreat, implore, plead, pray, sue, supplicate.Archaic: conjure.2. To bring an appeal or request, for example, to the attention of:address, apply, approach, petition.Obsolete: sue.3. Law. To make application to a higher authority, as to a court of law:petition.Law: sue.4. To direct or impel to oneself by some quality or action:allure, attract, draw, entice, lure, magnetize, take.Informal: pull.

Translations

上诉吸引力呼吁恳求感染力

appeal

(əːpiːl) verb1. (often with to) to ask earnestly for something. She appealed (to him) for help.呼吁2. to take a case one has lost to a higher court etc; to ask (a referee, judge etc) for a new decision. He appealed against a three-year sentence.上诉3. (with to) to be pleasing. This place appeals to me.有吸引力 noun1. (the act of making) a request (for help, a decision etc). The appeal raised $500 for charity; a last appeal for help; The judge rejected his appeal. 要求，恳求 2. attraction. Music holds little appeal for me. 感染力，吸引力 apˈpealing adjective1. pleasing. an appealing little girl.吸引人的2. showing that a person wishes help etc. an appealing glance.求助的

appeal

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appeal

Related to appeal: Appeal Court, Appeal letter

Appeal

Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law.

A person who initiates an appeal—the appellant, sometimes called the plaintiff in error, must file a notice of appeal, along with the necessary documents, to commence appellate review. The person against whom the appeal is brought, the appellee, then files a brief in response to the appellant's allegations.

There are usually two stages of review in the federal court and in many state court systems: an appeal from a trial court to an intermediate appellate court and thereafter to the highest appellate court in the jurisdiction. Within the appellate rules of administrative procedure, there might be several levels of appeals from a determination made by an Administrative Agency. For example, an appeal of the decision of an administrative law judge may be heard by a reviewing body within the agency, and from that body, the appeal may go to a trial court, such as a federal district court. Thereafter, the appeal might travel the same route as an appeal taken from a judicial decision, going from an intermediate to a superior appellate court, or it might go directly to a superior appellate court for review, bypassing the intermediate stage. The rules of appellate procedure applicable to a particular court govern its review of cases.

Right to Appeal

There is no absolute right of appeal for all decisions rendered by a lower court or administrative agency. Federal and state constitutions and statutory provisions create appellate courts and prescribe the types of cases that are within their jurisdiction. An appeal may be granted as a matter of right, such as from a trial court to an intermediate appellate court or only at the discretion of a superior appellate court, for example, by a grant of certiorari by the Supreme Court. If the decision presented does not meet the statutory requirements for review, the appellate court is powerless to hear the appeal and review is denied.

The right to appeal a decision is limited to those parties to the proceeding who are aggrieved by the decision because it has a direct and adverse effect upon their persons or property. In addition, an actual case or controversy must exist at the time of review. Issues that have become moot while the appeal is pending and cases that have been settled during that time are not reviewable.

Final Decision

A final judgment or order must have been reached by the trial court in order for a case to be appealable. A judgment is considered final for purposes of appeal when it ends the action in the court in which it was brought and nothing more is to be decided. This rule is intended to prevent the piecemeal litigation of a lawsuit, to avoid delay resulting from Interlocutory appeals, and to give the trial court the opportunity to render a decision in the case to the satisfaction of both parties, thereby obviating the need for appeal. The consideration of incidental matters, such as the computation of interest, attorneys' fees, or court costs, does not prevent a judgment or order from being appealed.

Grounds

Error is the basis for review of a final decision rendered by a court or administrative agency. Error is called to the attention of a court through the use of objections, protests made during the course of a proceeding that an action taken by the opposing side in a controversy is unfair or illegal. Decisions rendered in favor of one party at trial level are presumed by an appellate court to be correct unless objections have been made to the issues in question during the trial. Failure to do so will preclude their review on appeal. An objection must be made as promptly and specifically as possible for each act to which it is directed so that the court may make an intelligent decision regarding its merits. The trial judge rules on the objection, and the decision is included in the trial record. If the attorney for either party disagrees with the ruling, he or she may take an exception, an objection taken to a decision of a court on a Matter of Law, which is noted in the trial record to be preserved for purposes of appeal. Appellate jurisdiction is limited only to a review of actions taken by an inferior court. No new objections can be raised before an appellate court for its consideration unless exceptional circumstances exist to justify the appellate court raising the issues sua sponte, on its own motion. Exceptional circumstances mean the presence at trial of plain error, a mistake in the proceedings that substantially affects the rights of the party against whom the decision has been made and undermines the fairness and integrity of the judicial system, causing a miscarriage of justice.

Time of Appeal

Appeals must be made within the time prescribed by statute or by the governing rules of the appellate court. Such statutes begin to run only after a final decision has been made. The timely filing of the notice of appeal with the clerk of the appellate court and the appellee completes, or perfects, the procedure. If the appeal is not taken and perfected within the time set by statute, the right to appeal is foreclosed. Extensions of time for the filing of an appeal may be granted, however, if extenuating circumstances exist, such as if either party is adjudicated incompetent or dies.

Notice of Appeal

A notice of appeal—a written document filed by the appellant with the court and a copy of which is sent to the appellee—is the initial step in the appeals process. It informs the court and the party in whose favor a judgment or order has been made that the unsuccessful party seeks a review of the case. Failure to file a notice of appeal according to the statutory requirements will preclude appeal.

Bonds

An appeal bond, a promise to pay a sum of money, must often be posted by an appellant to secure the appellee against the costs of the appeal, if the appellee is successful and the appellant fails to pay. Its amount is determined by the court itself or by statute. The imposition of such a bond discourages frivolous appeals. If successive appeals are taken from an intermediate appellate court to a superior one, a new bond is usually required.

Record on Appeal

The function of the appellate court is limited to a review of the trial record sent up from the lower court and the briefs filed by the appellant and appellee. Amicus Curiae briefs, if permitted by the appellate court, also become part of the record on appeal. The trial record, sometimes called the record proper, must show the pleadings that initiated the case, the complete transcript (in cases of jury trial) of lower court proceedings, the verdict, and the entry of the final judgment or order. The appellant must clearly demonstrate that the grounds for review had been raised and unsuccessfully decided upon at the trial level and, therefore, prejudicial error exists to warrant the reversal of the decision of the lower court.

In some jurisdictions, a bill of exceptions—a written statement of the objections made by a party to the ruling, decision, charge, or opinion of the trial judge—must be submitted to the appellate court to provide a history of the trial proceedings. It should not include matters that belong in the record proper but, instead, should state those points concerning questions of law raised by the exceptions taken during the trial. The appellant's attorney prepares the bill and presents it to the trial judge for settlement, an agreement between the trial judge and the appellant that the bill contains a truthful account of the events of the trial. If there is disagreement, the judge returns the bill to the appellant with an explanation. The appellee must be given notice of the time and place of the settlement of the bill of exceptions in order to object to or approve its contents. The settled bill of exceptions becomes part of the trial transcript, which is part of the record on appeal. The appellant must submit a complete unabridged transcript of the trial that is prepared by the clerk of the trial court.

The entire trial record is printed and filed with the appellate court, and a copy is also sent to the appellee.

Assignment of Errors

A statement by the appellant of the errors alleged to have been committed in the lower court is an assignment of errors, a type of appellate Pleading used to point out to the appellate court the grounds for review. It controls the scope of an appeal because if a ground for review is not contained in it, it will not ordinarily be considered by the court. The assignment of errors is usually part of the notice of appeal, the bill of exceptions, the transcript of the record, or the brief, although in some jurisdictions, it is a separate document.

Appellate Brief

The appellant and appellee must file individual briefs to aid the appellate court in its consideration of the issues presented. Failure to do so results in a dismissal of the appeal. The facts of the case, the grounds for review, and the arguments relating to those questions must be concisely stated. Any statements referring to the trial record must be supported by an appropriate reference to it.

The appellant's brief must specifically discuss the alleged errors that entitle the appellant to a reversal and discuss why each ruling of the lower court was wrong, citing authority, such as a case in which a similar point of law has been decided or a statute that applies to the particular point in issue. Disrespectful or abusive language directed against the lower court, the appellate court, the parties, witnesses, or opposing counsel cannot be used. If it is, it will be stricken from the brief, and the costs of the brief that might have been awarded are disallowed.

Review

Appellate courts have jurisdiction to decide only issues actually before them on appeal and nothing else. They cannot render opinions on controversies or declare principles of law that have no practical effect in settling the rights of the litigants.

Only conclusions of law, not findings of fact made by a lower court, are reviewable.

Harmless Error The appellate court must decide whether the errors alleged to have been made by the trial court are harmless or prejudicial. An error that substantially injures the rights of one party is called a prejudicial or reversible error and warrants the reversal of the final judgment or order. However, an error that is technical or minimally affects the rights of the parties or the outcome of the lawsuit is considered a Harmless Error, insufficient to require a reversal or modification of the decision of the lower court.

Hearing

The clerk of the appellate court schedules on the court calendar the date of the hearing on which each side may present an oral argument. Oral arguments, usually ten to fifteen minutes for each side, help the court understand the issues argued in the brief and persuade the court to rule in favor of the arguing party. During the arguments of appellant and appellee, it is not unusual for the appellate judge to interrupt with questions on particular issues or points of law.

The appellant's argument briefly discusses the facts on which the Cause of Action is based and traces the history of the case through the lower courts. It includes the legal issues raised by the exceptions taken to the allegedly erroneous rulings of the trial judge. Thereafter, the appellee's counsel presents arguments in favor of affirming the original decision.

Determination

An appellate court has broad powers over the scope of its decision and the relief to be granted. After reviewing the controlling issues in an action, it may affirm the decision of the inferior tribunal, modify it, reverse it, or remand the case for a new trial in the lower court pursuant to its order.When a decision is affirmed, the appellate court accepts the decision of the lower court and rejects the appellant's contention that it was erroneously made. The modification of a decision by an appellate court means that, while it accepts part of the trial court's decision, the appellant was correct that the decision was partly erroneous. The trial court's decision is then modified accordingly.

A reversal of a decision means that the appellate court agrees with the appellant that the decision was erroneously made. The party who lost the case at the trial level becomes the winning party in appellate court.

In some cases, a decision might be reversed but the lawsuit is still unresolved. The appellate court then orders the reversal with the direction that the case be remanded to a lower court for the determination of the issues that remain unsettled.

If a judgment or order is reversed in an intermediate appellate court, the losing party may file an appeal with a superior appellate court for relief, and the appellate process begins again. The decision rendered by a superior appellate court cannot ordinarily be reviewed. In state cases involving issues based on federal statutes or the Constitution, however, an appeal may be brought in the federal court system on those questions that are within its jurisdiction.

Cross-references

Appellate Advocacy; Appellate Court; Federal Courts; Remand.

appeal

1) v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. After the lower court judgment is entered into the record, the losing party (Appellant) must file a notice of appeal, request transcripts or other records of the trial court (or agree with the other party on an "agreed-upon statement"), file briefs with the appeals court citing legal reasons for over-turning the ruling, and show how those reasons (usually other appeal decisions called "precedents") relate to the facts in the case. No new evidence is admitted on appeal, for it is strictly a legal argument. The other party (Respondent or Appellee) usually files a responsive brief countering these arguments. The appellant then can counter that response with a final brief. If desired by either party, they will then argue the case before the appeals court, which may sustain the original ruling, reverse it, send it back to the trial court, or reverse in part and confirm in part. There are Federal Courts of Appeal in ten different "circuits," and above them is the Supreme Court which selectively hears only a few appeals at the highest level. 2) n. the name for the process of appealing, as in "he has filed an appeal."

appeal

the process of taking a case to a court with power to alter the decision of the court that has made the decision complained of A court with power to hear appeals is called an appellate court, a person appealing is usually called an appellant and his opponent the respondent. (In Scotland, a person appealing to the Inner House of the COURT OF SESSION is called a reclaimer, the process a reclaiming motion) Some courts hear appeals completely anew, but usually an appeal is argued with a view to correcting a legal error in the court below. As witnesses are not usually heard, the facts are normally taken as found in the court below, but if a transcript is available, the reasonableness of a decision or inferences taken from primary facts established may often be challenged on appeal. Sometimes a court has power to order a new trial or to deal with a case again if new evidence that could not have been put before the lower court comes to hand.

APPEAL, English crim. law. The accusation of a person, in a legal form, fora crime committed by him; or, it is the lawful declaration of another man'scrime, before a competent judge, by one who sets his name to thedeclaration, and undertakes to prove it, upon the penalty which may ensuethereon. Vide Co. Litt. 123 b, 287 b; 6 Burr. R. 2643, 2793; 2 W. Bl. R.713; 1 B. & A. 405. Appeals of murder, as well as of treason, felony, orother offences, together with wager of battle, are abolished by stat. 59Geo. M. c. 46.

APPEAL, practice. The act by which a party submits to the decision of asuperior court, a cause which has been tried in an inferior tribunal. 1 S. &R. 78 Bin. 219; 3 Bin. 48.
2. The appeal generally annuls the judgment of the inferior court, sofar that no action can be taken upon it until after the final decision ofthe cause. Its object is to review the whole case, and to secure a justjudgment upon the merits.
3. An appeal differs from proceedings in error, under which the errorscommitted in the proceedings are examined, and if any have been committedthe first judgment is reversed; because in the appeal the whole case isexamined and tried as if it had not been tried before. Vide Dane's Ab. h.t.;Serg. Const. Law Index, h.t. and article Courts of the United States.

appeal

ap·peal

appeal

ap•peal

appeal

appeal

appeal

appeal

appeal

appeal

appeal

curb appeal

street appeal

appeal against

appeal to

appeal from Philip drunk to Philip sober

appeal to Caesar

on appeal

appeal against something

appeal (to a court) (for something)

appeal to someone

appeal from Philip drunk to Philip sober

appeal to Caesar

appeal to

on appeal

appeal

appeal,

Appeal

appeal

appeal

ap·peal

appeal

Appeal

Right to Appeal

Final Decision

Grounds

Time of Appeal

Notice of Appeal

Bonds

Record on Appeal

Assignment of Errors

Appellate Brief

Review

Hearing

Determination

Further readings

Cross-references

appeal

appeal

Appeal

Appeal

APPEAL

appeal

Synonyms for appeal

verb plead

Synonyms

Antonyms

noun plea

Synonyms

Antonyms

noun attraction

Synonyms

Antonyms

noun retrial

Synonyms

phrase appeal to someone

Synonyms

Synonyms for appeal

noun an earnest or urgent request

Synonyms

noun an application to a higher authority, as for sanction or a decision

Synonyms

noun the power or quality of attracting

Synonyms

verb to make an earnest or urgent request

Synonyms

verb to bring an appeal or request, for example, to the attention of

Synonyms

verb to make application to a higher authority, as to a court of law

Synonyms