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.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Smith Law Group, P.C. | Attorney Advertising

Written by:


Smith Law Group, P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.