Principled Appellate Decisions

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In This Presentation:

- Overview:

• The "right" result on appeal depends on your perspective, but several factors go into reaching a principled appellate decision.

• Our discussion will examine some concepts appellate judges should apply — as well as some pitfalls to avoid — when deciding cases.

• Along the way, we’ll consider some illustrative “sound bites” from a recent survey of board certified appellate practitioners.

- Appellate Decision-Making:

• Appellate decisions are made based on the law, how the law applies to the facts, and the application of procedural rules.

• Principled appellate decisions:

– adhere to stare decisis (the law);

– identify and apply the correct standard of review (how the law applies to the facts);

– address all arguments for reversal and, conversely, do not rely on unassigned or unbriefed issues or unnecessary dicta; and

– whenever possible, reach the merits of an issue rather than rely on waiver.

Please see full presentation below for more information.

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Topics:  Abuse of Discretion, Appeals, Appellate Rules, Decision-Making Process, Standard of Review, Stare Decisis

Published In: Civil Procedure Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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