When you are fighting an appeal case, the pressure is on you to make a winning argument. The consequences of losing can be dire, so it’s important to put your best foot forward. In this blog post, we will discuss some tips that will help you make a strong argument and increase your chances of success!
Why Do You Appeal? Reasons for an Appeal
The first step in making a winning argument is to understand why you are appealing. There are many reasons why someone might choose to appeal a decision, but some of the most common include:
- You believe the original decision was unfair or unjust.
- New evidence has come to light that could change the outcome of the case.
- The original ruling was based on incorrect information.
- You want to argue for a different interpretation of the law.
No matter what your reason for appealing, it’s important to have a clear and concise argument prepared. The court will not take kindly to rambling or unfocused arguments, so make sure you know exactly what you want to say before you step into the courtroom!
Making a Winning Argument on Argument on Appeal Cases
Not Every Case Can Be Appealed
Before you start preparing your argument, it’s important to understand that not every case can be appealed. In most jurisdictions, there are only a limited number of reasons why an appeal will be allowed, so it’s important to make sure that yours falls into one of those categories.
Components of an Effective Appeal Argument
The Facts of the Case
Appellate Courts do not dwell on the facts of the case as much neither is it about the merits and demerits of the case proper but it dwells more on the legalities and grounds on which the lower court made the decision in issue – “ratio dicidendi” – the reason for the decision.
In any event your appellate pleadings will include the record of the lower court arguments and decision. That said, having the facts of the case in your fingertips or in retrievable proximity could be beneficial in making your winning argument.
This applies to an appellate brief, but I think it applies more broadly to litigating a case in general. If you can develop a strong story, or core theory, every action you take should support it.
So, in preparing your argument, it is important to:
- Start with a clear and concise summary of the facts of your case. This will help the court understand your argument and why you are appealing the original decision.
- Include any new evidence that has come to light since the original ruling was made. This could be key in convincing the court to overturn the original decision.
- Make sure all of your facts are well-documented and backed up by reliable sources. The court will not take kindly to unsubstantiated claims.
Once you have all of your facts gathered, it’s time to start putting together your argument. Remember, this is not a time to try new things or experiment – you want to stick to tried-and-true appellate strategies that have been successful in the past.
The Law
A legal argument has to describe how the law supports the party’s position. That much is obvious. But the execution is not always easy. Sure, you can sometimes build an argument based upon the extension, modification, or reversal of law, but even then you can usually find some support, even if you have to analogize.
Each situation is unique, but I think it is most effective to describe fewer cases with more detail than more cases with less detail.
With regard to statutes, the wording really matters. Sure, there is legislative history, etc., but it is incredibly satisfying to a court when the actual words of the statute support your position.
- Appellate Courts are all about the law. When making your argument, it is important to:
- Cite relevant case law and statutes that support your position.
- Explain how the lower court’s decision was incorrect under the law.
- Argue for a different interpretation of the law, if necessary.
The court will not be swayed by emotion or personal stories, so make sure your argument is firmly grounded in the law. If you can show the court why the lower court’s decision was incorrect under existing law, then you will be well on your way to success.
The Story
The story can be anything from why it is “fair” that the court not enforce an adhesion contract that some actual person was tricked into signing to telling the story about a monopolist company that was on the top of the world, but feared an upstart maverick competitor with a new way of doing business, so it entered into exclusive contracts with the only suppliers to the two companies to destroy the young maverick.
You might call it the “core theory,” but it is, at the bottom, a story. And everyone loves a good story.
The Policy
The argument has to explain why the policy behind a case or series of cases, or a statutory provision, supports your client’s arguments and story. The judges need to understand the reasons behind certain doctrines or statutes, so they know which direction they should go. Your argument must explain that. Cases and statutes are empty vessels without policy.
Ultimately, every argument you make should incorporate the law, the story, and the policy. To do so effectively is not easy.
The Effect of The “Unjust” Decision in the Course of Justice and Jurisprudence
The final point I want to make is about the effect of an unjust decision. An appellate court’s job is to right wrongs, so you need to show the court how the lower court’s decision will have negative consequences if it is allowed to stand. This could be anything from real-world harm to your client to setting a dangerous precedent that could have far-reaching implications.
Whatever the case may be, make sure you clearly explain the potential effects of the lower court’s decision, and why it is important for the appellate court to intervene. If you can show the court how its decision will negatively impact people or set a dangerous precedent, you will be much more likely to succeed on appeal.
What Happens if You Lose Your Appeal?
If you lose your appeal, the original decision will stand and you will be stuck with the consequences. In some cases, this might mean going to jail or paying a large fine. In others, it could mean losing custody of your children or having your property taken away. No matter what the consequences are, it’s important to understand that they will be very real if you lose your appeal.
This is why it’s so important to put forth a strong argument when appealing a decision. If you can’t convince the court to overturn the original ruling, then you will be stuck with whatever consequences come with it.
Appealing a decision is a serious matter, so make sure you are prepared before you go into court. With a clear and concise argument, you increase your chances of success and avoid the dire consequences of losing!
What Happens if You Win Your Appeal?
Overturning the Lower Court Decision
If you win your appeal, the appellate court will most likely overturn the lower court’s decision. This means that the original ruling will be reversed and a new ruling will be put in place. The new ruling may or may not be in your favor, but it will be based on the arguments that were presented during the appeals process.
Fresh Trial
In some cases, the appellate court may decide to send the case back to the lower court for a new trial.
This is usually done when there are errors in the way that the original trial was conducted. For example, if there was improper evidence that was admitted during the trial, or if there was an issue with jury instructions, then a new trial may be ordered.
The appellate court may also order a new trial if they believe that the verdict was not supported by the evidence that was presented. In this case, the appellate court would send the case back to the lower court with specific instructions on how to proceed.
If you win your appeal, it is important to understand what may happen next. The most likely outcome is that the lower court’s decision will be overturned and a new decision will be put in place. However, there are other potential outcomes as well, such as a new trial being ordered. Whatever the outcome, it is important to be prepared for what comes next.
What to Remember When Making Your Legal Argument
When you are making your argument, there are a few things that you should keep in mind:
- Be clear and concise. The court will not take kindly to rambling or unfocused arguments.
- Know exactly what you want to say before you step into the courtroom.
- Make sure that you have a strong case for why your appeal should be allowed.
- Understand that if you lose your appeal, the original decision will stand and you will be stuck with the consequences.
The Appellate Procedure
Notice of Appeal
The first step in the appellate process is to file a notice of appeal. This document tells the court that you intend to challenge the original ruling and sets forth the grounds for your appeal. In most cases, you will have to file this notice within a certain timeframe (usually 30 days) after the original ruling is issued.
Filing a Notice of Appeal Out of Time
If you miss this deadline, you may still be able to file an appeal if you can show that there was extenuating circumstances that prevented you from filing on time. However, it’s always best to err on the side of caution and file as soon as possible to avoid any potential delays.
Submission of Briefs
After the notice of appeal is filed, both parties will submit briefs which are written arguments outlining their positions. The appellant’s brief will usually be due first, followed by the appellee’s brief. In some cases, the court may also request that oral arguments be submitted in addition to the written briefs.
Oral Arguments
Oral arguments are typically reserved for more complex cases or those where the court feels it would be beneficial to hear from both sides in person. During oral arguments, each side will have a limited amount of time (usually 20 minutes) to make their case before the judges. After both sides have had a chance to speak, the judges may ask questions or clarifications before making their final decision.
The appellate process can be long and complicated, but with careful preparation and a strong argument, you can increase your chances of success!
Hierarchy of Courts in the United States: Federal Courts System
The U.S. court system is comprised of federal and state courts. Cases can be filed in either type of court, depending on the nature of the case and which laws it involves. The vast majority of cases are filed in state courts, with only a small percentage of cases being filed in federal court.
The U.S. court system is hierarchical, meaning that there is a definite order to the courts and how they hear cases. The hierarchy of courts starts at the bottom with the district courts, which are the trial-level courts for both federal and state cases. District court judges preside over criminal and civil cases involving disputes between individuals or businesses, as well as appeals from administrative agency decisions.
The Federal Courts System
The Federal Courts system in the United States is divided into three levels: the district courts (the trial court), the circuit courts of appeals, and the Supreme Court of the United States.
There are 94 federal judicial districts, including at least one district court in each state, the District of Columbia, and Puerto Rico. Each federal judicial district has at least one U.S. district court judge, who is appointed by the President with the advice and consent of the Senate to serve a lifetime term.
The circuit courts of appeals are appellate courts that hear appeals from decisions rendered by the district courts within their respective circuits, as well as appeals from certain decisions of federal administrative agencies. There are 13 U.S. Courts of Appeals, each of which covers a specific geographic region.
The Supreme Court of the United States is the court of last resort for all cases involving federal law. The Supreme Court consists of nine justices who are appointed by the President with the advice and consent of the Senate to serve lifetime terms.
The decisions rendered by these courts set legal precedent, which bind all lower courts in the country.
District Courts: The Trial Court
The district courts are the trial courts of the federal court system. Cases are filed in the district court in which the defendant resides or does business, or in which the events giving rise to the lawsuit occurred.
District courts handle both criminal and civil cases, as well as appeals from decisions of administrative agencies.
The vast majority of cases filed in federal court are handled at this level.
A case tried in a district court is heard by a judge without a jury. If either party desires a jury trial, the case must be transferred to a different court.
Cases involving claims for more than $75,000 may be tried before a jury if either party requests it.
Appeals from decisions of the district courts are taken to the circuit court of appeals for the federal judicial circuit in which the district court is located.
Circuit Courts of Appeals
The circuit courts of appeals are appellate courts that hear appeals from decisions rendered by the district courts within their respective circuits, as well as appeals from certain decisions of federal administrative agencies.
There are 13 U.S. Courts of Appeals, each of which covers a specific geographic region.
These regional circuits are the: First Circuit (Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico), Second Circuit (Connecticut, New York, and Vermont), Third Circuit (Delaware, New Jersey, Pennsylvania, and the Virgin Islands), Fourth Circuit (Maryland, North Carolina, South Carolina Virginia , West Virginia ), Fifth Circuit (Louisiana , Mississippi , and Texas ), Sixth Circuit (Kentucky , Michigan , Ohio , and Tennessee ), Seventh Circuit (Illinois , Indiana , and Wisconsin ), Eighth Circuit (Arkansas , Iowa , Minnesota , Missouri, Nebraska, North Dakota, and South Dakota), Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana Nevada , Northern Mariana Islands Oregon , and Washington), Tenth Circuit (Colorado Kansas New Mexico Oklahoma Utah Wyoming ), Eleventh Circuit (Alabama Georgia Puerto Rico )
The D.C. Circuit Court of Appeals hears cases arising from the federal government’s activities in Washington D.C., as well as appeals from certain decisions of federal administrative agencies.
The Federal Circuit Court of Appeals has nationwide jurisdiction over certain specialized kinds of cases, such as patent law cases or cases involving international trade.
Appeals from the circuit courts of appeals are taken to the Supreme Court of the United States.
Supreme Court of the United States
The Supreme Court of the United States is the court of last resort for all cases involving federal law.
The Supreme Court consists of nine justices who are appointed by the President with the advice and consent of the Senate to serve lifetime terms.
The decisions rendered by these courts set legal precedent, which bind all lower courts in the country.
Appeals from state supreme courts can be taken to the Supreme Court if they involve a question of federal law. The Supreme Court also has original jurisdiction over a small category of cases, such as disputes between two or more states.
Cases are accepted for review by the Supreme Court on writ of certiorari, which is filed by one of the parties to the case. The writ of certiorari is a request that the Supreme Court review the decision of a lower court.
The Supreme Court hears oral arguments from both sides of the case and renders a decision, which is then published in the form of a written opinion. The opinion of the Supreme Court is binding on all lower courts in the country.
Appeals to the Supreme Court are very difficult to obtain; each year, the Court receives over 7000 petitions for writs of certiorari, but only grants review in around 100 cases.
Wrapping Up!
Making a winning argument on appeal can be a difficult task. However, if you understand the appellate process and the different types of arguments that can be made, you will be better prepared to make your case. Remember to stay calm and focused when making your argument, as this will help you present your best possible case. Good luck!
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