What types of appellate arguments are available?

Appellate arguments refer to the types of legal arguments that can be made to an appellate court. In Georgia, appellate courts can hear a variety of appeals, including criminal and civil cases. Depending on the nature of the case, the types of appellate arguments that may be available to an appellant vary. The most common type of appellate argument is the issue of error. This argument focuses on the trial court’s ruling and challenges the trial court’s application of the law. Appellants might also challenge the facts of the case, such as the inadmissibility of evidence. Another type of argument is the constitutional argument. In this argument, the appellant claims that their constitutional rights were violated. This argument often arises in cases involving freedom of speech, due process, and search and seizure issues. Also available are arguments based on statutory issues. This type of argument pertains to a violation of a specific law or statute. It challenges the interpretation and application of a statute or laws to the facts of the case. Finally, the appellant could make an appeal based on public policy issues. This type of argument typically relies on an analysis of common law principles or the broad policy objectives of a particular law. This type of argument is rarely successful unless it can be established that the court’s ruling was contrary to the public policy of the state. Each type of appellate argument requires a unique set of facts and legal argument. Appellants should consult with a lawyer to determine which argument type is best suited to their case.

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What types of appellate arguments are available?

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