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Appellant vs. Plaintiff — What's the Difference?

By Urooj Arif & Fiza Rafique — Updated on March 29, 2024
An appellant is a party who appeals a court's decision, seeking review in a higher court. A plaintiff initiates a lawsuit by filing a complaint against a defendant, alleging wrongdoing.
Appellant vs. Plaintiff — What's the Difference?

Difference Between Appellant and Plaintiff

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Key Differences

An appellant is involved in the appellate process, which is the stage following the initial trial where the focus is on reviewing the trial court's application of the law. This party believes the court made a legal error affecting the case's outcome. The appellant's role is to challenge the decision, aiming to have it overturned or modified by a higher court. Whereas a plaintiff is the party who brings a case to court in the first instance, claiming to have suffered a loss or injury due to the defendant's actions and seeking legal remedy such as damages or injunctive relief.
The appellant could have been either the plaintiff or the defendant in the original trial. The designation changes to "appellant" when they decide to appeal the trial court's decision. On the other hand, the plaintiff's role begins and primarily exists in the trial court, where they bear the burden of proof, meaning they must demonstrate to the court that their claims are valid based on the evidence and legal standards.
In appellate proceedings, the focus is not on presenting new evidence or re-evaluating factual determinations but on assessing whether the law was correctly interpreted and applied by the trial court. Conversely, the trial phase, where the plaintiff and defendant present their cases, involves fact-finding, evidence evaluation, and legal argumentation to establish the merits of the plaintiff's claims and the defendant's defenses.
The terms and procedures surrounding appellants and plaintiffs vary by jurisdiction but generally adhere to the principles of appellate and trial court systems, respectively. For example, in the U.S. legal system, the appellant must file a notice of appeal, outlining the legal grounds for the appeal, while the plaintiff initiates a case by filing a complaint and serving it to the defendant, thus beginning the legal process.
Appellate courts typically review cases for errors of law rather than errors of fact. This means that appellants argue that the trial court misapplied the law, made procedural errors, or both. Plaintiffs, however, are engaged in the process of proving their case based on the facts and applicable law, aiming to show that the defendant's actions warrant a legal remedy.
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Comparison Chart

Role in Court

Seeks to overturn a previous court decision
Initiates a lawsuit alleging wrongdoing

Phase of Litigation

Appellate process
Trial phase

Burden

Must demonstrate appellate court error
Must prove their claim based on evidence

Origin of Role

Can be either plaintiff or defendant in trial court
Always the initiating party in trial court

Focus

Legal errors in trial court's application of law
Establishing facts and legal basis for claims

Compare with Definitions

Appellant

A party appealing a court decision.
The appellant filed a brief arguing that the trial court misinterpreted the law.

Plaintiff

Alleges wrongdoing by defendant.
The plaintiff claims the defendant's negligence caused their injury.

Appellant

Seeks higher court review.
The appellant hopes the appellate court will reverse the decision.

Plaintiff

Initiates legal action in court.
The plaintiff sued for damages resulting from a breach of contract.

Appellant

Challenges trial court rulings.
The appellant claims procedural errors affected the trial's outcome.

Plaintiff

Seeks legal remedy.
The plaintiff is asking for compensation for losses incurred.

Appellant

May have been plaintiff or defendant.
The former defendant is now the appellant in the appeal process.

Plaintiff

Presents case in trial court.
The plaintiff's lawyer outlined the case during opening statements.

Appellant

Involved in appellate litigation.
The appellant's attorney presented oral arguments to the appellate panel.

Plaintiff

Bears burden of proof.
The plaintiff must prove their case beyond a preponderance of the evidence.

Appellant

One who appeals a court decision.

Plaintiff

A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy.

Appellant

(law) of or relating to appeals; appellate

Plaintiff

A person who brings a case against another in a court of law
The plaintiff commenced an action for damages

Appellant

In the process of appealing

Plaintiff

The party that institutes a suit in a court.

Appellant

(law) a litigant or party that is making an appeal in court
The appellant made her submissions to the court.

Plaintiff

A party bringing a suit in civil law against a defendant; accuser.

Appellant

One who makes an earnest entreaty of any kind.

Plaintiff

One who commences a personal action or suit to obtain a remedy for an injury to his rights; - opposed to defendant.

Appellant

(obsolete) One who challenges another to single combat.

Plaintiff

See Plaintive.

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.

Plaintiff

A person who brings an action in a court of law

Appellant

Relating to an appeal; appellate.

Appellant

One who accuses another of felony or treason.

Appellant

A challenger.

Appellant

One who appealed to a general council against the bull Unigenitus.

Appellant

One who appeals or entreats.

Appellant

The party who appeals a decision of a lower court

Appellant

Of or relating to or taking account of appeals (usually legal appeals);
Appellate court

Common Curiosities

What does a plaintiff do?

A plaintiff initiates a lawsuit by filing a complaint against a defendant, alleging harm and seeking a remedy.

What happens if an appellant wins an appeal?

The appellate court may reverse or modify the lower court's decision, potentially ordering a new trial or specific legal relief.

Can a defendant become an appellant?

Yes, if the defendant loses the trial and believes there was a legal error, they can appeal the decision as an appellant.

How does the role of a plaintiff differ in civil and criminal cases?

In civil cases, the plaintiff is the party alleging harm. In criminal cases, the prosecution acts as the plaintiff, representing the state or people.

Do plaintiffs need evidence to file a lawsuit?

Yes, plaintiffs must have sufficient evidence to support their claims and meet the burden of proof required by the court.

Is the plaintiff always the victim?

In civil cases, the plaintiff is the party claiming to have suffered harm. The term "victim" may apply but is more commonly used in criminal contexts.

Can an appellant introduce new evidence?

Typically, no. Appellate courts review the trial court's application of law, not new evidence.

What role does the appellate court play for an appellant?

The appellate court reviews the legal aspects of the trial court's decision to ensure the law was applied correctly.

Who can be an appellant?

Either the plaintiff or defendant from a trial court case who seeks to appeal the court's decision.

What is required for an appeal?

An appellant must file a notice of appeal and present arguments that the trial court made a legal error affecting the case's outcome.

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Author Spotlight

Written by
Urooj Arif
Urooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Fiza Rafique
Fiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.

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