[blml] Appeal

[Alain Gottcheiner]

At 17:45 25/05/2007 +1200, Wayne Burrows wrote:

>My dictionary (Concise Oxford happened to be closest) defines appeal
>as "Call to (higher tribunal) for deliverance from decision of lower".

AG : I agrre with these general terms.

Longman gives the following definition : "to formally ask a higher law 
court to change the decision of a lower court", very similar to Oxford's.

The higher tribunal's decision might differ because :
a) they know better, in particular they may be selected according to 
specific skills, while the lower degree tribunal is made of "generalists"
b) they can get more information, or better-suited information
c) they have more time to decide

In a sense, this is similar to visiting a specialist doctor.

What about bridge appeals ?

1. Bridge appeals are akin to "medical appeals", because it's often the 
lower authority that alerts the higher, and it might happen that the lower 
authority doesn't decide at all, and lets the case to be decided by the higher.
2. c) above will be more frequent, contrary to law or medical appeals.


Best regards

    Alain