Appellant vs. Petitioner — What's the Difference?
By Tayyaba Rehman & Maham Liaqat — Updated on April 20, 2024
An appellant is a party appealing a decision in a higher court, focusing on legal errors, while a petitioner can be involved in various legal requests or initiations, not limited to appeals.
Difference Between Appellant and Petitioner
Table of Contents
ADVERTISEMENT
Key Differences
An appellant is specifically someone who appeals a lower court's decision, seeking a review from a higher court due to perceived errors in the application of law. In contrast, a petitioner refers to any party who presents a petition to a court, which could be for purposes of initiating a lawsuit, requesting a legal remedy, or even appealing in some contexts.
Appellants are always involved in appellate processes, reflecting a reactive legal stance to an earlier ruling. On the other hand, petitioners cover a broader spectrum, including initiating actions, which might not necessarily relate to a prior judgment.
While an appellant’s role activates only after a decision they wish to challenge, a petitioner’s role can be proactive, setting a legal process in motion.
This means the term "petitioner" is used in a variety of legal contexts, from family law to bankruptcy, whereas "appellant" is strictly used within the framework of appeals.
Comparison Chart
Definition
A party appealing a court decision
A party presenting a petition to court
ADVERTISEMENT
Context
Only in appeals
Various legal contexts
Legal Stance
Reactive (challenging a decision)
Can be proactive or reactive
Specificity
Specific to the appellate process
Broad, encompassing various petitions
Types of Court
Primarily higher appellate courts
Any court, including trial courts
Compare with Definitions
Appellant
Challenges judicial errors.
The appellant argues that the law was incorrectly applied.
Petitioner
Initiates legal proceedings.
The petitioner filed for a restraining order.
Appellant
Involved in appellate court proceedings.
The appellant seeks to overturn the lower court's ruling.
Petitioner
Can also appeal.
The petitioner in this appellate case argues for a review of administrative action.
Appellant
Focused on correction of legal mistakes.
The appellant’s lawyer cited several precedents.
Petitioner
Requests court intervention.
The petitioner seeks to change the terms of a custody agreement.
Appellant
Party appealing a court's decision.
The appellant filed a brief stating the trial was unfair.
Petitioner
Engages in various courts.
The petitioner filed his case in family court.
Appellant
Reacts to unfavorable rulings.
As an appellant, her goal is to get a retrial.
Petitioner
Broad legal applications.
Petitioners in bankruptcy cases request financial relief.
Appellant
One who appeals a court decision.
Petitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.
Appellant
(law) of or relating to appeals; appellate
Petitioner
A solemn supplication or request, especially to a superior authority; an entreaty.
Appellant
In the process of appealing
Petitioner
A formal written document requesting a right or benefit from a person or group in authority.
Appellant
(law) a litigant or party that is making an appeal in court
The appellant made her submissions to the court.
Petitioner
A formal written application seeking a court's intervention and action on a matter
A petition for review of a previous court's decision.
Appellant
One who makes an earnest entreaty of any kind.
Petitioner
A pleading initiating a legal case in some civil courts
A bankruptcy petition.
Appellant
(obsolete) One who challenges another to single combat.
Petitioner
Something requested or entreated
Granted our petition.
Appellant
(historical) One of the clergy in the Jansenist controversy who rejected the bull Unigenitus issued in 1713, appealing to a pope "better informed", or to a general council.
Petitioner
To address a petition to
Petitioned the king for a pardon.
Appellant
Relating to an appeal; appellate.
Petitioner
To ask for by petition; request formally
Petitioned that the sentence be reduced.
Appellant
One who accuses another of felony or treason.
Petitioner
To make a request, especially formally
Petitioned for retrial.
Appellant
A challenger.
Petitioner
(legal) Someone who presents a petition to a court.
Appellant
One who appealed to a general council against the bull Unigenitus.
Petitioner
Someone who presents a petition to some person in authority.
Appellant
One who appeals or entreats.
Petitioner
One who presents a petition.
Appellant
The party who appeals a decision of a lower court
Petitioner
One praying humbly for something;
A suppliant for her favors
Appellant
Of or relating to or taking account of appeals (usually legal appeals);
Appellate court
Petitioner
Someone who petitions a court for redress of a grievance or recovery of a right
Common Curiosities
What is an appellant?
An appellant is someone who appeals a lower court’s decision in a higher court, claiming legal errors.
Are the terms "appellant" and "petitioner" interchangeable?
No, "appellant" is specific to appeals, while "petitioner" is used more broadly for various legal requests.
What are the rights of an appellant?
An appellant has the right to argue that a legal error affected the outcome of a case and to seek a review or reversal of the decision.
How does a petitioner initiate a case?
A petitioner initiates a case by filing a formal petition or complaint outlining their request or claim to a court.
What is a petitioner?
A petitioner is anyone who submits a petition to a court for any legal purpose, including initiating cases or appealing decisions.
What kind of cases might a petitioner initiate?
Petitioners can initiate diverse cases, including divorce filings, custody petitions, bankruptcy petitions, or civil lawsuit filings.
Can an appellant be a petitioner?
Yes, in the context of an appeal, an appellant is also a petitioner if they are submitting a petition for the appeal.
What kind of cases involve appellants?
Appellants are involved in appellate cases where they challenge a decision made by a lower court.
What happens if an appellant wins an appeal?
If an appellant wins, the appellate court may reverse the lower court’s decision, remand the case for a new trial, or modify the ruling.
How is a petitioner different from a plaintiff?
A petitioner and a plaintiff can be similar, particularly in civil cases where both initiate litigation, but "petitioner" is also used in non-litigious contexts like bankruptcy.
Is there a specific form or document for an appellant to file?
Yes, appellants typically file a notice of appeal and an appellate brief outlining their arguments against the lower court's decision.
Share Your Discovery
Previous Comparison
Pip vs. Pit
Next Comparison
Cervix vs. UterusAuthor Spotlight
Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
Co-written by
Maham Liaqat
