Appeal is the transfer of a legal action to a higher, or superior, court for review. The court may review the decision of a lower, or inferior, court; a government board; or the officer of an administrative hearing. The appellant (person who appeals) seeks to have the decision of the board, officer, or lower court reversed or modified. Usually, a dissatisfied party to a suit must file a notice of appeal with the court within a specified time and show a reason why the appeal should be granted. The discovery of new evidence or of an error in the trial or hearing are reasons often given for seeking an appeal. But there is an absolute right of appeal in most criminal cases. Many states also provide for an automatic appeal in criminal cases where a death sentence has been imposed.
Every state has at least one court to which appeals may be taken from trial courts. The federal court system includes 13 Courts of Appeals to review cases tried in lower federal courts. In some cases, the Supreme Court of the United States considers and reverses cases decided by a Court of Appeals or by a state supreme court.
A party in a state court action cannot appeal directly to the U.S. Supreme Court. He or she can only ask that court for a writ of certiorari. A writ of certiorari is an order from a higher court to a lower court to send up the records of a case for review (see Certiorari, Writ of ). The court can refuse such an “appeal” unless it feels there has been a violation of federal law or of the party’s constitutional rights.
