Court Reporter Practice Exam

Who is referred to as the appellant in a legal setting?

1. The party opposing the appeal

2. The party who initiates the appeal

3. The judge presiding over the case

4. The jury involved in the case

The correct answer is: The party who initiates the appeal

In a legal context, the appellant is defined as the party who initiates an appeal. This individual or group is dissatisfied with a decision made by a lower court and seeks to have that decision overturned or modified by a higher court. The process of appealing is fundamentally about challenging the legal ruling or finding, and the appellant bears the responsibility of presenting the case for why the appeal should be granted. In contrast, the opposing party, often referred to as the appellee, defends the lower court’s decision and responds to the arguments presented by the appellant. The judge, on the other hand, is the judicial officer overseeing the case; the judge does not take sides in an appeal but rather ensures the process is fair and adheres to legal standards. Finally, the jury is typically involved in the trial phase rather than the appeal, as their role is to assess evidence and deliver a verdict based on that evidence during the initial proceedings. Thus, the definition of appellant precisely aligns with the responsibility of initiating the appeal, making it the correct choice.