Appellant: The party that appeals the decision of a trial court to a higher court. At the trial-court level, the appellant may have been the plaintiff or the defendant. When a party loses at the trial-court level, he or she may appeal. The person who won at the trial court level will usually defend the trial court’s decision and is called the appellee.
Appellee: When a trial court’s decision is appealed, the appellee is the person "appealed against." That is, the appellee is the party who won at the trial-court level and will then defend the trial court’s decision as right an proper before the appellate (higher) court. See appellant.
Bench trial: Ordinarily, the parties to a law suit are entitled to a jury trial. During a jury trial, the judge determines issues of law, and the jury determines issues of fact. But the parties may elect to have the judge do both. When the judge determines both issues of law and fact, the trial is referred to as a bench trial, which is sometimes referred to as a nonjury trial. If the decision of the judge in a bench trial is appealed to a higher court, the ore tenus rule applies.
Complaint: The document that begins a lawsuit. The plaintiff files a complaint state his or her cause of action (the basis for the lawsuit). As a result of filing the complaint, the court will also issue a summons for the defendant.
Ore tenus rule: This rule applies when a trial court has heard a case without a jury. In such a case, the judge performs the jury’s function of determining the facts of the case. If the factual decisions of the trial court are appealed to a higher court, the decisions of a judge about the facts will not be disturbed (overruled) unless the appellant can demonstrate that the judge made plain and palpable errors. Smith V. Muchia, 854 So.2d 85, 92 (Ala. 2003), Allstate Ins. Co. v. Skelton, 675 So.2d 377, 379 (Ala. 1996). The ore tenus rule is based on the principle that when the trial judge hears oral testimony, the trial judge has the opportunity to evaluate the demeanor and credibility of witnesses. Hall v. Mazzone, 486 So.2d 408, 410 (Ala. 1986).
Summary judgment: A decision by a trial court that a party wins a lawsuit as a matter of law. It is awarded without a trial being conducted. A party begins the process of asking for a summary judgment by filing a motion for summary judgment.
