appeal

Resort to a superior (i.e. appellate) court to review the decision of an inferior (i.e. trial) court or administrative agency. A complaint to a higher tribunal of an error or injustice committed by a lower tribunal, in which the error or injustice is sought to be corrected or reversed. Board of Ed. of Cleveland City School Dist. v. Cuyahoga County Bd. of Revision, 34 Ohio St.2d 231, 298 N.E.2d 125, 128.

There are two stages of appeal in the federal and many state court systems; to wit, appeal from trial court to intermediate appellate court and then to Supreme Court. There may also be several levels of appeal within an administrative agency; e.g. appeal from decision of Administrative Law Judge to Appeals Council in social security case. In addition, an appeal may be taken from an administrative agency to a trial court (e.g. from Appeals Council in social security case to U.S. district court).

Also, an appeal may be as of right (e.g. from trial court to intermediate appellate court) or only at the discretion of the appellate court (e.g. by writ of certiorari to U.S. Supreme Court). Provision may also exist for joint or consolidated appeals (e.g. Fed.R.App.P. 3) and for cross appeals (where both parties to a judgment appeal therefrom). Appeal was also the name formerly given to the proceeding in English law where a person, indicted of treason or felony, and arraigned for the same, confessed the fact before plea pleaded, and appealed, or accused others, his accomplices in the same crime, in order to obtain his pardon. In this case he was called an "approver" or "prover," and the party appealed or accused, the "appellee."

See also consolidated appeal

- Courts of Appeals, U.S.

- cross appeal

- interlocutory appeal

- Interlocutory Appeals Act

- limited appeal