What types of appellate arguments are available?

Appellate law in Mississippi covers the process of appealing a court decision to a higher court. This type of legal proceeding is conducted when one or both parties in a case are unsatisfied with a lower court’s decision and wish to have the decision reviewed by a higher court. The different types of appellate arguments available depend on the facts of the case and the legal issues arising from the dispute. Typically, the types of appellate arguments available in Mississippi review cases on the basis of either legal errors or factual errors. When appealing on the basis of legal errors, the appealing party must show that the lower court’s decision was wrong because the applicable law was misapplied or improperly interpreted. When appealing on the basis of factual errors, the appealing party must show that the lower court’s decision was wrong because the applicable facts were misapplied or incorrectly interpreted. In addition, appellate law in Mississippi includes arguments based on the constitutional issues raised by the dispute or the issue of procedural fairness. When arguing a constitutional issue, the appealing party must demonstrate that the lower court’s decision violated the U.S. Constitution or the Mississippi Constitution. When arguing a procedural fairness issue, the appealing party must demonstrate that the lower court’s decision was unfair, either because the procedures used were not followed in a certain way or because the outcome did not adequately consider the facts of the case. Regardless of the type of appellate argument used, the higher court will review the lower court’s decision and consider the arguments raised by both parties. If the higher court finds that the lower court’s decision was incorrect, it may overturn the decision and issue a new ruling.

What types of appellate arguments are available?

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