Paralegal Advanced Competency Exam (PACE) Practice Exam

Which party is referred to as the appellee in an appeal?

1. The party filing the appeal

2. The party responding to the appeal

3. The attorney representing the appeal

4. The judge overseeing the appeal

The correct answer is: The party responding to the appeal

In the context of an appeal, the appellee is indeed the party responding to the appeal. This term is used specifically to denote the party who won in the lower court and is opposing the appeal made by the appellant, which is the party filing the appeal. The role of the appellee is to defend the lower court's decision, providing arguments and counter-evidence to the points raised by the appellant. The other options represent parties involved in the appeal process but do not accurately define the role of the appellee. The party filing the appeal, known as the appellant, is seeking to overturn or modify the decision of the lower court. The attorney representing the appeal may advocate for either the appellant or the appellee, but they are not defined by the term appellee specifically. Lastly, the judge overseeing the appeal is responsible for making rulings on legal questions and ensuring that the law is applied correctly, but is not a party in the appeal itself. Therefore, the definition of an appellee as the responding party is fundamental to understanding the structure and roles within the appellate system.