Appellate Review of Trial Court Decisions

Appellate Review of Trial Court Decisions
Author: J. Eric Smithburn
Publisher:
Total Pages: 712
Release: 2009
Genre: Law
ISBN:

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Understanding the different standards of review is necessary to the lawyer's informed reading of the appellate opinion. Further, the lawyer should use standard of review to discuss with the client the nature of the trial court's decision and the likelihood of success on review. If the client understands the difference between questions of law, which are reviewed de novo, and discretionary decisions, which are generally deferred to unless unreasonable, he or she will form realistic expectations about the trial and whether to consider an appeal. This casebook discusses the role of appellate courts and the history of appellate review and presents an overview of the concepts of scope of review and standard of review. It is organized into chapters on the different standards of review and includes notes and questions. The book is adaptable to a lecture-discussion format or as a classroom adjunct to a seminar-research paper arrangement.

Judicial Discretion

Judicial Discretion
Author: J. Eric Smithburn
Publisher:
Total Pages: 364
Release: 1991
Genre: Judicial discretion
ISBN:

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Federal Standards of Review

Federal Standards of Review
Author: Steven Alan Childress
Publisher:
Total Pages:
Release: 2010
Genre: Appellate procedure
ISBN: 9781422479001

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Federal Courts Standards of Review

Federal Courts Standards of Review
Author: Harry T. Edwards
Publisher: West Academic Publishing
Total Pages: 274
Release: 2007
Genre: Law
ISBN:

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This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.

Standards Relating to Appellate Courts

Standards Relating to Appellate Courts
Author: American Bar Association
Publisher: Judicial Division
Total Pages: 156
Release: 1994
Genre: Law
ISBN:

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Cases and Materials on Appellate Practice and Procedure

Cases and Materials on Appellate Practice and Procedure
Author: Robert J. Martineau
Publisher: West Academic Publishing
Total Pages: 1096
Release: 2005
Genre: Law
ISBN:

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An in-depth look at the nature and function of appellate courts, including general rule, litigation, exceptions, sua sponte, final judgment rule, state systems, initiating and perfecting an appeal, timeliness, standards of relief, purpose, content, modification or correction of record on appeal, effective brief writing, oral argument, internal operating procedures, time limitations, pre-hearing or summary disposition, opinions and mandates, written opinion, publication, and citation of opinions.