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Simple English definitions for legal terms
cross-appeal
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A quick definition of cross-appeal:
A cross-appeal is when someone disagrees with a decision made by a lower court and asks a higher court to review it. If the first person who asked for the review is called the appellant, then the second person is called the appellee and their request is called a cross-appeal. It's like when two people are arguing in court and one person makes a claim, and then the other person makes a counterclaim. But a cross-appeal only happens if the second person wants the higher court to review something specific about the lower court's decision, not just to agree with it.A more thorough explanation:
A cross-appeal is a legal request made by the party who did not file the initial appeal, asking a higher court to review a decision made by a lower court. The difference between an appeal and a cross-appeal is based on who filed the request for review first. The party who files the request first is called the petitioner or appellant, and their request is an appeal. If the opposing party also wants to request a review of the lower court's decision, their request is called a cross-appeal.
In a civil trial, the plaintiff files a claim against the defendant. If the defendant has claims against the plaintiff, it may file a counterclaim. Similarly, in an appeal, the party who files the request first is called the appellant, and if the opposing party also wants to request a review of the lower court's decision, their request is called a cross-appeal.
For example, in the case of Ulin v. Gallery 528 Fed.Appx. 748 (2013), the appellant filed an appeal against the lower court's decision. The appellee then filed a cross-appeal, requesting the higher court to review some aspect of the lower court's decision. This is an example of a cross-appeal.
Note that a cross-appeal only occurs when the appellee requests that the higher court review some aspect of the lower court's decision, and not just to uphold the lower court's decision.