Duhaime's Law Dictionary


Appeal Definition:

To ask a more senior court or person to review a decision of a subordinate court or person.

Related Terms: Respondent, Judicial Review, Appellant, Factum, Standard of Review, De Novo, Final Order, New Evidence, Fresh Evidence

In Terry v Saskatchewan, Justice Sherstobitoff of the Saskatchewan Court of Appeal deferred to these words to define an appeal:

"A proceeding undertaken to have a decision reconsidered by a higher authority; esp., the submission of a lower court's or agency's decision to a higher court for review and possible reversal."

In some countries such as Canada, the USA and Australia, appeals can continue all the way up to the Supreme Court, where the decision is final in that it can no longer be appealed.

That is why it is called supreme (although, in Australia the supreme court is called the High Court).

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