Definition of Appeal

Appeal
(v. t.)
To summon; to challenge.
  
(v. t.)
To make application for the removal of (a cause) from an inferior to a superior judge or court for a rehearing or review on account of alleged injustice or illegality in the trial below. We say, the cause was appealed from an inferior court.
  
(v. t.)
To invoke.
  
(v. t.)
To charge with a crime; to accuse; to institute a private criminal prosecution against for some heinous crime; as, to appeal a person of felony.
  
(v. t.)
To call upon another to decide a question controverted, to corroborate a statement, to vindicate one's rights, etc.; as, I appeal to all mankind for the truth of what is alleged. Hence: To call on one for aid; to make earnest request.
  
(v. t.)
To apply for the removal of a cause from an inferior to a superior judge or court for the purpose of reexamination of for decision.
  
(v. t.)
The right of appeal.
  
(v. t.)
The mode of proceeding by which such removal is effected.
  
(v. t.)
Resort to physical means; recourse.
  
(v. t.)
An application for the removal of a cause or suit from an inferior to a superior judge or court for reexamination or review.
  
(v. t.)
An accusation; a process which formerly might be instituted by one private person against another for some heinous crime demanding punishment for the particular injury suffered, rather than for the offense against the public.
  
(v. t.)
An accusation of a felon at common law by one of his accomplices, which accomplice was then called an approver. See Approvement.
  
(v. t.)
A summons to answer to a charge.
  
(v. t.)
A call upon a person or an authority for proof or decision, in one's favor; reference to another as witness; a call for help or a favor; entreaty.
  

appeal

---

Noun
1. earnest or urgent request; "an entreaty to stop the fighting"; "an appeal for help"; "an appeal to the public to keep calm"
(synonym) entreaty, prayer
(hypernym) request, asking
(hyponym) adjuration
(derivation) invoke
2. attractiveness that interests or pleases or stimulates; "his smile was part of his appeal to her"
(synonym) appealingness, charm
(hypernym) attractiveness
(hyponym) siren call, siren song
(derivation) attract
3. (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"
(hypernym) proceeding, legal proceeding, proceedings
(classification) law, jurisprudence
4. request for a sum of money; "an appeal to raise money for starving children"
(synonym) solicitation, collection, ingathering
(hypernym) request, petition, postulation
(hyponym) whip-round

---

Verb
1. take a court case to a higher court for review; "He was found guilty but appealed immediately"
(hypernym) challenge
(derivation) appellant, plaintiff in error
2. request earnestly (something from somebody); ask for aid or protection; "appeal to somebody for help"; "Invoke God in times of trouble"
(synonym) invoke
(hypernym) request, bespeak, call for, quest
(hyponym) plead
(derivation) entreaty, prayer
3. be attractive to; "The idea of a vacation appeals to me"; "The beautiful garden attracted many people"
(synonym) attract
(hyponym) capture, enamour, trance, catch, becharm, enamor, captivate, beguile, charm, fascinate, bewitch, entrance, enchant
(derivation) appealingness, charm
4. challenge (a decision); "She appealed the verdict"
(hypernym) challenge, take exception
5. 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"
(synonym) invoke
(hypernym) mention, advert, bring up, cite, name, refer

APPEAL
Appeal, (v.t.)

In law, to put the dice into the box for another throw.
  

APPEAL
to accuse; accusation

appeal

---

appeal
\ap*peal"\ (&?;), v. t. [imp. & p. p. appealed (&?;); p. pr. & vb. n. appealing.] [oe. appelen, apelen, to appeal, accuse, of. appeler, fr. l. appellare to approach, address, invoke, summon, call, name; akin to appellere to drive to; ad + pellere to drive. see pulse, and cf. peal.]
1. (law) (a) to make application for the removal of (a cause) from an inferior to a superior judge or court for a rehearing or review on account of alleged injustice or illegality in the trial below. we say, the cause was appealed from an inferior court. (b) to charge with a crime; to accuse; to institute a private criminal prosecution against for some heinous crime; as, to appeal a person of felony.
2. to summon; to challenge. [archaic] man to man will i appeal the norman to the lists. w. scott.
3. to invoke. [obs.]
appeal
\ap*peal"\, n. [oe. appel, apel, of. apel, f. appel, fr. appeler. see appeal, v. t.] 1. (law) (a) an application for the removal of a cause or suit from an inferior to a superior judge or court for reëxamination or review. (b) the mode of proceeding by which such removal is effected. (c) the right of appeal. (d) an accusation; a process which formerly might be instituted by one private person against another for some heinous crime demanding punishment for the particular injury suffered, rather than for the offense against the public. (e) an accusation of a felon at common law by one of his accomplices, which accomplice was then called an approver. see approvement.
2. a summons to answer to a charge.
3. a call upon a person or an authority for proof or decision, in one's favor; reference to another as witness; a call for help or a favor; entreaty. a kind of appeal to the deity, the author of wonders.
4. resort to physical means; recourse. every milder method is to be tried, before a nation makes an appeal to arms.
appeal
\ap*peal"\, v. t. 1. (law) to apply for the removal of a cause from an inferior to a superior judge or court for the purpose of reëxamination of for decision. i appeal unto c?sar. xxv. 11.
2. to call upon another to decide a question controverted, to corroborate a statement, to vindicate one's rights, etc.; as, i appeal to all mankind for the truth of what is alleged. hence: to call on one for aid; to make earnest request. i appeal to the scriptures in the original. orsley. they appealed to the sword.
appeal
n
1. earnest or urgent request; "an entreaty to stop the fighting"; "an appeal for help"; "an appeal to the public to keep calm" [syn: entreaty, prayer]


2. attractiveness that interests or pleases or stimulates [syn: appealingness, charm]


3. 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
4. request for a sum of money; "an appeal to raise money for starving children" [syn: solicitation, collection, ingathering]
v 1: take a court case to a higher court for review; "he was found guilty but appealed immediately" 2: request earnestly (something from somebody); "appeal to somebody for help" 3: be attractive to; "the idea of a vacation appeals to me"; "the beautiful garden attracted many people" [syn: attract]
[ant: repel] 4: challenge (a decision); "she appealed the verdict"


5. cite as an authority: "he invoked the law that would save him"; "i appealed to the law of 1900" [syn: invoke]


appeal
a reference of any case from an inferior to a superior court. moses established in the wilderness a series of judicatories such that appeals could be made from a lower to a higher (ex

appeal
achomharc

appeal

www.interactiveselfstudy.com

APPEAL
A request to a supervisory court, usually composed of a panel of judges, to review a lower court's decision.

When one or both parties to a lawsuit disagree with the result in the trial court, it is usually possible to get a higher court (called an appellate court) to review the decision. Normally, an appellate court reviews only whether the trial court followed the correct law and procedures, and no evidence is presented. Some states have two levels of appeals courts; an appeal is usually first considered by an intermediate court (often called a court of appeals). If a party is still unhappy with the result, it is sometimes possible to get the state's highest court (usually called the supreme court) to review the case.

To appeal the trial court's decision, a notice must usually be filed with the trial court within a short period of time (usually about 30 days) after the entry of judgment by the court clerk.

The appellate court will require that both sides submit briefs and may also require the parties to orally argue before the court. After weighing the evidence submitted, the court makes its ruling, called a holding.

As a general rule, 'a federal appellate court does not consider an issue not passed upon below.' Singleton v. Wulff, 428 U.S. 106, 120 (1976). This is not a hard and fast rule: 'The matter of what questions may be taken up and resolved for the first time on appeal is one left primarily to the discretion of the courts of appeals, to be exercised on the facts of individual cases. . .' Id. There are circumstances in which a federal appellate court is justified in resolving an issue not passed on below, as where the proper resolution is beyond any doubt, see Turner v. City of Memphis, 369 U.S. 350 (1962), or where 'injustice might otherwise result.' Hormel v. Helvering, 312 U.S. 552, 557 (1941).

Waiver of Right to Appeal: A defendant may waive the statutory right to appeal his sentence. Navarro-Botello, 912 F.2d at 321. However, an express waiver of the right to appeal a sentence is valid only if knowingly and voluntarily made. Bolinger, 940 F.2d at 480; Navarro-Botello, 912 F.2d at 322. Courts look to circumstances surrounding the signing and entry of the plea agreement to determine whether the defendant agreed to its terms knowingly and voluntarily. See, e.g., Navarro-Botello, 912 F.2d at 321.

Final Judgment Rule: An appeal from most pretrial orders is typically considered interlocutory, and, therefore, not appealable as a final decision under 28 U.S.C. S 1291.

Collateral Order Exception To The Final-Judgment Rule: The collateral order exception to the final-judgment rule was first announced in Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). Cohen recognized a "small class" of district court decisions that finally determine claims collateral to other rights asserted in the action and are too important to be deferred until the whole case is adjudicated. Id. at 546. The small class of cases defined in Cohen consists of intermediate decisions satisfying three criteria: (1) the district court's order must finally dispose of the question; (2) the issue must be completely collateral to the cause of action asserted; and (3) the decision must involve an important right that would be "lost, probably irreparably, " if review must await final judgment. Id.

English Crim. Law. The accusation of a person, in a legal form, for a crime committed by him; or, it is the lawful declaration of another man's crime, before a competent judge, by one who sets his name to the declaration, and undertakes to prove it, upon the penalty which may ensue thereon. Appeals of murder, as well as of treason, felony, or other offences, together with wager of battle, are abolished by stat.

Practice. The act by which a party submits to the decision of a superior court, a cause which has been tried in an inferior tribunal.

The appeal generally annuls the judgment of the inferior court, so far that no action can be taken upon it until after the final decision of the cause. Its object is to review the whole case, and to secure a just judgment upon the merits.

An appeal differs from proceedings in error, under which the errors committed in the proceedings are examined, and if any have been committed the first judgment is reversed; because in the appeal the whole case is exainined and tried as if it had not been tried before.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.

Appeal
To ask a more senior court or person to review a decision of a subordinate court or person. - (read more on Appeal)
  

appeal (patent)
-- see BPAI for info on patent appeals

Context: Patent 

appeal (trademark)
An applicant who wants to contest a final refusal from an examining attorney may file an appeal to the Trademark Trial and Appeal Board. An appeal is taken by filing a Notice of Appeal and paying the appeal fee within six months of the mailing date of the action from which the appeal is taken. 15 U.S.C. Section 1070; 37 C.F.R. Section 2.142(a).

-- see Trademark Trial and Appeal Board Manual of Procedure (TBMP) Section 1202.03.

Context: Trademark 

Appeal
A request to a higher court to review and reverse the decision of alower court. On appeal, no new evidence is introduced; the higher court islimited to considering whether the lower court erred on a question of law orgave a decision plainly contrary to the evidence presented during trial. Unlessspecial permission is granted by the higher court to hear an interlocutoryappeal, an appeal cannot be made until the lower court renders a finaljudgment.

Appeal
ex parte appeal, inter partes appeal or a PCT protest as well as a legal appeal, a disciplinary appeal or an appeal before the Enlarged Board (Article 106 EPC).
  

APPEAL
a legal procedure in which the losing party of a divorce (lawsuit ) requests that a higher court review the decision.

Appeal
Application to a higher Court or authority for review of a decision of a lower Court or authority 

Appeal
Review of a trial court’s decision and judgment by a higher court. The appeals court can review the trial court’s "finding of fact" and "conclusions of law." See Decision and Judgment.
Appeals courts analyze the trial court’s decision and judgment for substantive errors in its "conclusions of the law." In exceptional cases the trial court’s "finding of facts" are also reviewed. Most findings of facts are extremely difficult to challenge because appeals courts defer to the trial court’s ability to weigh evidence. Unless the trial court’s findings of fact cannot possibly be supported by the evidence, such appeals will fail. Judges have discretion to believe or disbelieve all evidence presented, and appeals courts will not second guess the trial court on its finding of facts.
While challenging a trial court’s "conclusions of law" is less difficult, states grant divorce judges substantial discretion in fashioning judgments. Therefore, appeals are often unsuccessful except for substantial errors of law that significantly and adversely impact a party; otherwise, the mistake is considered "harmless error." Whether your appeal succeeds may depend more on your gender than the merits of your case. In Massachusetts, for instance, over 80% of appeals brought by husbands were dismissed whereas over 80% of appeals brought by wives prevailed.

Appeal
Review of a trial court's decision and judgment by a higher court. The appeals court can review the trial court's "findings of fact" and "conclusions of law." See Decision and Judgment.

Appeal
a reference of any case from an inferior to a superior court. Moses established in the wilderness a series of judicatories such that appeals could be made from a lower to a higher (Ex. 18:13-26.) Under the Roman law the most remarkable case of appeal is that of Paul from the tribunal of Festus at Caesarea to that of the emperor at Rome (Acts 25:11, 12, 21, 25). Paul availed himself of the privilege of a Roman citizen in this matter.

Appeal

The principle, of appeal was recognized by the Mosaic law in the establishment of a central court under the presidency of the judge or ruler for the time being, before which all cased too difficult for the local court were to be tried. (17:8,9) According to the above regulation, the appeal lay in the time of the Judges to the judge, (Judges 4:5) and under the monarchy to the king. Jehoshaphat delegated his judicial authority to a court permanently established for the purpose. (2 Chronicles 19:8) These courts were re-established by Ezra. (Ezra 7:25) After the institution of the Sanhedrin the final appeal lay to them. St. Paul, as a Roman citizen, exercized a right of appeal from the jurisdiction of the local court at Jerusalem to the emperor. (Acts 25:11)
  

Appeal
the customer motive that the ad is directed towards e.g. nostalgia, status, security etc.

APPEAL
The act of a fielder in claiming violation of the rules by the offensive team.

Appeal
A procedure for contesting the peer review of a grant application. See article on page 7 of the September 1997 Council issue of NIAID Council News for more information. Synonymous with rebuttal. 

Appeal

See more at Wikipedia.org...