Glossary of terms used on this site

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Glossaries

Term Definition
Adjudge

To decide or settle

Admission of Responsibility

To formally take responsibility for violating a civil traffic law before a judge. A defendant may not appeal an admission of responsible to a civil traffic charge.

Affidavit

This is a paper signed by an individual who swears under oath that the facts or conduct described in the affidavit are true. Beneath the signature of the person signing the affidavit is a statement by a notary public indicating that the person who signed the affidavit presented proof of identity.

Affirm

When a higher court “affirms” the decision of a lower court, it means that the higher court approves of the handling of the case by the lower court and their ruling will be permitted to take effect.

Anders Appeal

An appeal in which the Appellant merely asks the Superior Court to review the record for fundamental error rather than raising specific issues for appeal.

Answering Brief

This is the paper filed by the individual opposing the appeal, (the Appellee), in response to the Opening Brief filed by the litigant filing the appeal, (the Appellant). The Answering Brief should contain arguments in support of the judgment of the trial court and references to the transcripts or trial exhibits supporting those arguments.

Appeal

A court action brought by a person asking a higher court to review the decision of a lower court. An appeal begins when a timely Notice of Appeal is filed with the Clerk of the Superior Court that entered the final judgment. Appeals of most civil cases are made from the Superior Court to the Court of Appeals. The Arizona Supreme Court can be asked to review final decisions of the Court of Appeals. The Arizona Supreme Court has discretion to accept or reject review of final decisions of the Court of Appeals.

Appeal Fee

One of the fees an Appellant must pay or have waived so that the case may be reviewed by a higher court.

Appellant

This is the individual filing an appeal. The Appellant asks the Court of Appeals to review a final judgment by timely filing a Notice of Appeal with the Clerk of the Superior Court.

Appellant Memorandum

The document the Appellant files to explain why the decision of the lower court should be overturned – is sometimes referred to as an “Opening Memorandum.”

Appellee

This is the person opposing an appeal.

Appellee Memorandum

The paper filed by the person opposing the appeal (the Appellee), in response to the Appellant Memorandum. The Appellee Memorandum should contain a statement of facts, arguments supporting the judgment of the lower court, and a conclusion.

ARCAP

The Arizona Rules of Civil Appellate Procedure

ARCP

The Arizona Rules of Civil Procedure

Arizona Supreme Court

This is the highest state appellate court in Arizona. The Court is located in Phoenix and has discretion to review decisions from either Division One or Two of the Arizona Court of Appeals.

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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