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Multiple Choice

In an appellate caption, which label denotes the party pursuing review?

In an appellate caption, the party who seeks review is labeled the appellant because the appeal is a request to higher court to overturn or modify the lower court’s decision. The opposing party, who defended the lower court’s ruling, is called the appellee. Plaintiff and defendant are terms from the trial court, and when a case is on appeal the caption uses appellant and appellee to reflect the appellate posture, regardless of who originally brought the suit. For example, a caption might read “Smith, Appellant, v. Jones, Appellee,” showing that Smith is appealing and Jones is opposing the appeal.

In an appellate caption, the party who seeks review is labeled the appellant because the appeal is a request to higher court to overturn or modify the lower court’s decision. The opposing party, who defended the lower court’s ruling, is called the appellee. Plaintiff and defendant are terms from the trial court, and when a case is on appeal the caption uses appellant and appellee to reflect the appellate posture, regardless of who originally brought the suit. For example, a caption might read “Smith, Appellant, v. Jones, Appellee,” showing that Smith is appealing and Jones is opposing the appeal.