The spelling of the phrase "cross appeal" is straightforward. The word "cross" is spelled as /krɒs/ in IPA phonetic transcription, with the "o" being pronounced as a short "ah" sound. The word "appeal" is spelled as /əˈpiːl/, with the stress on the second syllable and the "ea" pronounced as a long "ee" sound. When used in a legal context, "cross appeal" refers to an appeal made by the respondent in a case, who is seeking a ruling in their favor.
A cross-appeal refers to a legal procedure in which the respondent in a lawsuit initiates an appeal against certain aspects of a prior judgment or order. Specifically, a cross-appeal occurs when an individual or party who was initially the respondent in a case disagrees with a decision made by the trial court or lower appellate court and seeks to challenge additional issues, questions, or rulings that were not addressed in the original appeal filed by the appellant.
The purpose of a cross-appeal is to allow the respondent, who often argued against the appellant's position in the initial proceedings, an opportunity to assert their own grievances or challenges relating to the case. By filing a cross-appeal, the respondent seeks to protect their interests and obtain a different or modified judgment on issues not resolved in their favor.
When a cross-appeal is filed, both the appellant and the respondent become appellants and are required to present their respective arguments and evidence before the appellate court. The court will review the issues raised in the cross-appeal, alongside those raised in the original appeal, and render a decision that addresses all issues brought forward by both parties.
Overall, a cross-appeal is a legal mechanism that enables respondents to challenge aspects of a prior judgment or order that were unfavorable to them, ensuring a comprehensive review of all relevant matters by the appellate court.
The word "cross appeal" has its origins in legal terminology. Its etymology can be broken down as follows:
1. Cross: In legal language, "cross" typically refers to something that involves or relates to two or more opposing parties or perspectives. It suggests an intersection or interconnection between them.
2. Appeal: An "appeal" is a legal process that allows a party to challenge a decision made by a lower court and request a higher court to review and potentially overturn or modify that decision.
Therefore, when combined, "cross appeal" signifies the action of one or more opposing parties in a legal case who independently and simultaneously file appeals with a higher court. Each party is appealing against different aspects of the lower court's decision that did not entirely favor them, hence the use of "cross" to denote the contrasting or intersecting nature of their appeals.