<P> A party who files an appeal is called an "appellant", "plaintiff in error", "petitioner" or "pursuer", and a party on the other side is called a "appellee". A "cross-appeal" is an appeal brought by the respondent . For example, suppose at trial the judge found for the plaintiff and ordered the defendant to pay $50,000 . If the defendant files an appeal arguing that he should not have to pay any money, then the plaintiff might file a cross-appeal arguing that the defendant should have to pay $200,000 instead of $50,000 . </P> <P> The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered . This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence . </P> <P> The appellant in the new case can be either the plaintiff (or claimant), defendant, third - party intervenor, or respondent (appellee) from the lower case, depending on who was the losing party . The winning party from the lower court, however, is now the respondent . In unusual cases the appellant can be the victor in the court below, but still appeal . </P> <P> An appellee is the party to an appeal in which the lower court judgment was in its favor . The appellee is required to respond to the petition, oral arguments, and legal briefs of the appellant . In general, the appellee takes the procedural posture that the lower court's decision should be affirmed . </P>

Which of these is not an option for an appellate judge