BALW20150 Lecture Notes - Lecture 6: Appellate Court, Implied Powers, Enumerated Powers
25 Jan 2018
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Notice of appeal: attorney must file this with the clerk of the trial within a prescribed period of time. Client having attorney filing the appeal is the appellant or petitioner. Clerk of trial sends to reviewing court the record of appeal (contains pleadings, motions, etc) Must file an appellate brief with reviewing court. Brief: formal legal document outlining the facts and issues of the case, the judge"s rulings or jury"s findings that should be reversed or modified, the applicable law, and arguments on appellants behalf. Court of appeals doesn"t hear evidence it just reviews the record for errors of the law. Decision based on record on appeal , briefs, and arguments. Generally appellate courts don"t reverse findings of fact unless the are unsupported/contradicted by evidence. If reviewing court is an intermediate court then it can be appealed to the state"s highest court (supreme court) Can petition to have higher court review case but it cannot be heard.
