What types of appellate arguments are available?

Appellate law in Florida involves arguing a case before a higher court in order to overturn a lower court’s ruling. In order to do this, an attorney must present an argument that shows the original court decision was in error. There are several types of appellate arguments available to make this case. The first type of argument is based on precedent. This means the attorney cites similar cases ruled on in the past as evidence to support the new appeal. This type of argument shows the original decision was made in a way that goes against established legal decisions. The second type of argument focuses on the facts of the case. The attorney will look for inconsistencies or errors in how the facts were presented in the original ruling. This argument shows the original decision was reached based on incorrect information. The third argument is based on the law. The attorney will look for flaws in how the law was applied and argued. This type of argument shows that the original ruling was not in accordance with the rules of law, and should be overturned. Finally, there is an argument based on policy. This argument focuses on how the law was applied and whether it meets the goals of society. This type of argument shows why the original ruling should be overturned in order to better serve the interests of the public. Overall, there are several types of appellate arguments available for attorneys who are challenging a lower court ruling. In each case, the attorney must present evidence and explain why the original decision was in error in order to successfully argue their appeal.

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What types of appellate arguments are available?

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