Principled Appellate Decisions


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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