What types of appellate arguments are available?

Appellate arguments are those arguments made to a higher court, or appellate court, when appealing or challenging a lower court decision. In Kansas, the two primary types of appellate arguments are legal arguments and factual arguments. Legal arguments are based on the interpretation of the law and how it applies to the case at hand. This type of argument is used to show that the lower court erred in its legal reasoning or that the verdict was contrary to the law. To make a successful legal argument, one must accurately cite precedent from prior cases and provide an explanation of why the precedent supports their argument. Factual arguments are based on the evidence presented at trial. This type of argument is used to show that the lower court erred in its factual findings or that the verdict was not supported by the evidence. To make a successful factual argument, one must accurately explain the evidence presented at trial and show how it contradicts the lower court’s decision. In addition to legal and factual arguments, an appellant may make procedural arguments to challenge the lower court’s procedure. This type of argument is used to show that the proceedings before the lower court were conducted in violation of the law or in such a way that it deprived the appellant of a fair trial. Regardless of the type of argument made, the ultimate goal of an appellate argument is to show that there was an error made by the lower court that warrants overturning the verdict. Appellant’s must carefully select the type of argument they make in order to have the best chance of prevailing in their appeal.

Related FAQs

What is the process for obtaining a stay of execution pending an appeal?
What is the time period for filing an appeal?
What is the appellate court’s scope of review for a jury’s factual findings?
What is the process for filing an interlocutory appeal?
What are the grounds for appealing a magistrate judge’s decision?
What happens if I lose my appeal?
How can I present my arguments to an appellate court?
What is an amicus curiae brief?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
How should I prepare for oral argument on an appeal?

What types of appellate arguments are available?

Related FAQs

Related Blog Posts