An appellant is someone who appeals a court decision, regardless of the type of case. Laws and procedures for appeals vary. Parties to a legal proceeding can appeal, and appeals can be filed in different courts. In some cases, there is an automatic right to appeal, but courts can refuse to hear arguments. In some countries, the prosecution cannot appeal an acquittal to prevent double jeopardy.
An appellant is a person who appeals a new decision in a court case. For example, a person may be found guilty of charges in a criminal case; she can then appeal in hopes of getting the verdict of the case overturned. Appeals can be filed in many types of cases beyond those involving criminal acts. Regardless of the type of suit, the person filing the appeal is always called the appellant.
Laws regarding who can appeal, procedures for making appeals, and standards for making appeals vary from place to place. In general, each party to a legal proceeding can appeal. For example, if a person loses a lawsuit and is required to pay the other party a sum of money, they can appeal the ruling. He would be considered the plaintiff and the person who won the case would become the defendant. If, on the other hand, the winning party in that case believes that he has received too little money, he can appeal, becoming the appellant party. The person who lost the original case would then be called the defendant.
Depending on the laws of the jurisdiction, the type of case, and the wishes of the plaintiff, an appeal may be filed in a different court or in the court that made the original, unsatisfactory decision. For example, a claimant may appeal to a higher court if he believes the original court made mistakes in reaching a decision. If, however, the claimant has new evidence that was not available for consideration by the original court, he or she can appeal to the original court. In that case, the original court can review the appeal case and make a new decision based on the new evidence. An appeal brought to a higher court is called a direct appeal; the one filed with the original court is called a side appeal.
In some cases, a plaintiff may have an automatic right to appeal a lawsuit. This means that the laws of the jurisdiction guarantee your right to do so. Sometimes, however, the court has the right to refuse to hear the plaintiff’s arguments relating to the original court decision. Criminal cases can be handled a little differently in some countries. The prosecution in some places may not have the right to appeal a criminal case in which the defendant has been acquitted. The purpose of this law is to prevent a defendant from being tried more than once for the same criminal charges.
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