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LSDefine

Simple English definitions for legal terms

protective appeal

Read a random definition: demand of view

A quick definition of protective appeal:

A protective appeal is when a lawyer files an appeal just in case their client might lose the chance to appeal later. This is done to make sure their client's rights are protected. It's like wearing a helmet when riding a bike, just in case you fall.

A more thorough explanation:

Definition: A protective appeal is a legal proceeding where a lower court's decision is submitted to a higher court for review and possible reversal. It is filed by a lawyer as a precautionary measure to protect their client's right to appeal. This type of appeal is usually filed when there is uncertainty about where to appeal, doubts about the length of the appeal period, or when the client must preserve uncertain or contingent rights.

Example: A protective appeal may be filed when a client's motion to intervene has been denied, and the trial court is entering other orders that the client wants to appeal. For instance, if a client is involved in a lawsuit and the court denies their motion to intervene, but the court is also entering other orders that the client wants to appeal, the lawyer may file a protective appeal to protect their client's right to appeal the other orders.

This example illustrates how a protective appeal is used to protect a client's right to appeal when there is uncertainty about where to appeal or when the client must preserve uncertain or contingent rights.

protection order | protective committee

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