Also known as: appeals · appealed · appealing · appealability · appealer · appellant · appellants · appellate · appellee · appellor · appellatio · appellator · appello · review · writ of error
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding undertaken to have a decision reconsidered by a higher authority. The submission of a lower court's or agency's decision to a higher court for review and possible reversal occurs when a party seeks to challenge an adverse ruling.
Anika Anand lost her federal claim in district court and filed a notice of appeal. The court of appeals affirmed. She then petitioned the Supreme Court, which exercised its appellate jurisdiction under Article III to review the constitutional issue.
Judge Anthony Arnold represented himself in an appeal from a personal zoning dispute. He filed the brief and argued the case without compensation or using court staff, complying with the prohibition on practicing law while permitted to proceed pro se.
Select any source to read its text and confirm it supports the definition.
Ariana Azizi agreed in writing to a thirty-five percent contingent fee that expressly included any appeal. After trial she recovered damages. Her lawyer deducted expenses and calculated the fee on the net recovery, then handled the appeal at no additional charge.
Andre Antoine received a deed at closing but later discovered an undisclosed lien. He appealed the trial court's quiet-title ruling. The appellate court reviewed whether the closing documents properly conveyed clear title under the recorded instruments.
Alexis Archer objected to expert testimony at trial and obtained a definitive ruling. She did not renew the objection. On appeal the court considered the preserved claim of error without requiring further objection.
Arthur Abrams offered expert causation testimony that the district court excluded under Daubert. The court of appeals reviewed the exclusion for abuse of discretion and affirmed because the analytical gap between data and opinion was too great.
An appeal as of right may be taken without first obtaining permission from the reviewing court. An appeal by application requires the reviewing court to grant permission before the appeal proceeds.
Supporting sources
Once the court rules definitively on the record before or at trial, a party need not renew an objection or offer of proof to preserve the claim of error for appeal.
Appellate courts review a district court's decision to admit or exclude expert testimony under Daubert for abuse of discretion, recognizing the trial court's gatekeeping role in assessing reliability and relevance.
Article III grants the Supreme Court appellate jurisdiction over cases arising under the Constitution, federal laws, and treaties, with exceptions and regulations as Congress may prescribe.
…judicature, shall this court be denied that power? The second section of the third article of the Constitution gives this court appellate jurisdiction in all cases in law and equity arising under the Constitution and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and…