In law, an appeal is a process for requesting a formal change to an official decision An appeal as of right is one that is guaranteed by statute or some underlying constitutional or legal principle.
The appellate court cannot refuse to listen to the appeal. An appeal by leave or permission requires the appellant to move for leave to appeal; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision. Learn more about this with the North Carolina appeals lawyer.
In tort, equity, or other civil matters either party to a previous case may file an appeal. In criminal matters, however, the state or prosecution generally has no appeal as of right. And due to the double jeopardy principle, in the United States the state or prosecution may never appeal a jury or bench verdict.
But in some jurisdictions, the state or prosecution may appeal as of right from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion. Visit the North Carolina appeals lawyer to learn more about the law of appeal.
Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law by leave from the trial court and/or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally.
By convention in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the court hierarchy. Learn more of this with the North Carolina appeals lawyer.
This is not always true, however. In the United States federal courts, the parties names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the United States Supreme Court. For more information about the law of appeals, then visit the North Carolina appeals lawyer for more details.
