Appellant - A person who appeals a ruling from a lower court.

Respondent - The person against whom the appeal is taken (state court).

Appellee - The person against whom the appeal is taken (federal court).

Trial court - The court where the trial happens. A trial is where the facts of a case are “tried” and the “finder of fact” makes a decision as to which party prevails.

Trier of fact - The person or persons who observe the evidence being put on by the lawyers and who makes a decision as to who prevails in the case. The trier of fact may be a jury, a judge or, in an administrative proceeding, an appointed government official.

Appeal - The process of appealing the final judgment of the trial court.

Appellate court - The court with jurisdiction to hear the appellant’s appeal. In California, this may be either the Court of Appeal or the California Supreme Court. In federal courts, the appeal would progress from the Ninth Circuit Court of Appeals (note the addition of the “s” in “appeals”), then to the United States Supreme Court. In all cases, an appeal would first be heard in the state Court of Appeal or the federal Court of Appeals.

Writ petition - While this seems like an appeal, it is not. A writ petition seeks the intervention of the appellate court to rule on an order of the trial court which is not a final judgment in the case. For example, if a trial court makes a wrongful ruling about the admission of certain evidence, it would be possible to petition for a writ for extraordinary relief in the appropriate appellate court. Writ petitions are rarely granted, but sometime necessary to bring regardless.

Petition for review - A petition to be heard in the California Supreme Court after losing in the state Court of Appeal. A petition for review typically presents an issue of legal interest to the California Supreme Court which the petitioner hopes will get the High Court’s interest in the case. The issue presented may have a lot or very little to do with the exact facts of the underlying case.

Petition for writ of certiorari - This is a petition to the United States Supreme Court asking the High Court to hear the case. Only a small percentage of the petitions for writ of certiorari are granted each year by the United States Supreme Court.

Petition for writ of habeas corpus - This is a petition to either the trial court or appellate court challenging the custody - or custodial conditions - of an inmate based upon the violation of constitutional protections.

Petition for writ of coram nobis - This is a petition attacking the determination is a case based upon a clear factual error in arriving at the judgment challenged.

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