An appellee is the party in a legal case who successfully defended the original decision in the lower court and is now responding to the appeal brought by the appellant. Typically, the appellee seeks to have the lower court’s decision affirmed.
Historical Context
The term “appellee” has its origins in Anglo-French jurisprudence and has been consistently used in common law to denote the respondent in an appellate case. It dates back to medieval times when legal systems were beginning to structure formal appeals processes.
Applicability in Law
Legal Positions
- Appellant: The party who initiates an appeal, seeking reversal of a lower court’s decision.
- Appellee: The party that responds to the appeal, often aiming to uphold the original ruling.
Role in Legal Proceedings
The appellee’s role involves defending the validity and correctness of the lower court’s decision. They may present written briefs and participate in oral arguments to counter the appellant’s claims.
Considerations in Appellate Cases
Types of Appeals
- Interlocutory Appeal: An appeal of a ruling before the trial has concluded.
- Final Judgment Appeal: An appeal of a court’s final decision after the trial.
Burden of Proof
In appellate cases, the appellant bears the initial burden of proving that an error occurred in the original trial. The appellee’s job is to show that the trial court’s decision should stand.
Examples
Example 1: Civil Court
In a civil lawsuit, if the plaintiff wins and the defendant appeals, the plaintiff becomes the appellee.
Example 2: Criminal Court
In a criminal case, if the defendant is convicted and appeals the decision, the state (prosecution) acts as the appellee.
Related Legal Terms
- Respondent: Similar to an appellee, but more commonly used in non-appellate (e.g., administrative) contexts.
- Petitioner: The party who petitions for a legal review (often synonymous with appellant in appellate contexts).
- Cross-Appeal: When the appellee files a counter-appeal, seeking an alteration or consideration of additional issues.
FAQs
What is the main responsibility of the appellee in an appellate court?
Can an appellee also be a cross-appellant?
Do appellees need to file briefs?
References
- “Black’s Law Dictionary” (10th Edition)
- Federal Rules of Appellate Procedure
- “Introduction to the American Legal System” by John M. Scheb
Summary
The term appellee is a legal designation for the party in an appellate case who seeks to maintain the decision made by a lower court. This role involves presenting arguments and evidence to counter the appellant’s claims of error. Understanding this term is crucial for comprehending the dynamics of appellate proceedings.
This format provides a clear and comprehensive overview of the term “appellee,” its historical context, roles, and relevance in the legal field.
