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Simple English definitions for legal terms
appeal by leave
Read a random definition: King's Court
A quick definition of appeal by leave:
Appeal by leave: This means asking permission to appeal a decision. It is different from an appeal by right, which means you have an automatic right to appeal. An appeal court is where appeals are heard. Appeal de novo means a new appeal. An appealer is an old-fashioned word for someone who appeals. Appeal from the chair is when a member of a meeting disagrees with the chair's decision and asks for it to be voted on by the other members.
A more thorough explanation:
An appeal by leave is a type of appeal that requires permission from a higher court to be heard. This is different from an appeal by right, which allows a party to appeal as a matter of course.
- John's lawyer filed an appeal by leave to the Supreme Court, asking for permission to appeal the lower court's decision.
- In some cases, a party may be granted an appeal by leave if they can show that there is a significant legal issue at stake.
These examples illustrate how an appeal by leave requires permission from a higher court before it can be heard. It is not an automatic right, and the party must demonstrate that there is a valid reason for the appeal.
In parliamentary law, an appeal from the chair is a formal objection to a decision made by the chair of an assembly. If the appeal is seconded, the chair must explain the reasons for their decision and allow members to vote on whether to support or reject it.
- During a meeting, a member may make an appeal from the chair if they disagree with a ruling made by the chair.
- If the appeal is seconded, the chair must explain their decision and allow members to vote on whether to uphold or overturn it.
These examples show how an appeal from the chair is a way for members of an assembly to challenge a decision made by the chair. It allows for a democratic process to take place and ensures that decisions are made fairly.