What types of appellate arguments are available?

Appellate arguments are legal claims made by an attorney to a higher court to try to overturn the decision of a lower court. In Indiana, there are several types of appellate arguments available for consideration. First, an appellant may claim that the trial court did not make a correct decision based on the facts and evidence presented. This type of argument, known as a de novo review, focuses on the facts of the case, not the findings of the lower court. Second, the appellant may argue that the lower court made an error in interpreting the law. This type of argument, known as a legal review, requires the higher court to consider the legal authority used by the lower court in making its decision. Third, the appellant may argue that the lower court abused its discretion in making its ruling. A higher court may find that the lower court made a decision that was not supported by the facts or law. This argument requires a review of the specific facts of the case as well as the legal authority used by the lower court. Finally, the appellant may request a new trial. This type of argument is based on the assertion that the lower court did not sufficiently consider all of the evidence presented. The higher court will look at whether the previous decision was fair and supported by the evidence. Appellate arguments in Indiana and other states must be carefully crafted in order to be successful. Each argument must be supported by facts and law, and it is important for an attorney to present a strong legal argument in order to be successful.

Related FAQs

What is the standard of review on a motion to suppress evidence?
How do I find a lawyer experienced in appellate law?
What is the difference between a discretionary and a non-discretionary appeal?
What is the standard of proof necessary to win an appeal?
What is the role of the appellate court in determining the facts of a case?
What is the cost of filing an appeal?
What issues can be raised on appeal?
What is the standard of review on a trial court’s decision to admit or exclude evidence?
What is the standard of review on a motion for summary judgment?
How often do the appellate courts review their decisions?

What types of appellate arguments are available?

Related FAQs

Related Blog Posts