In This Presentation:
• 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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