Sentences with phrase «of appellate»

His civil appellate practice focuses on a broad range of appellate matters involving individuals, businesses and municipalities.

She's experienced in all aspects of appellate advocacy and procedure, and routinely prepares briefs on merits and jurisdiction, and petitions for extraordinary writs in original proceedings.

When you use California Legal Research for help on your California appeal, you'll receive top - quality appellate brief writing from our attorney with over 36 years of appellate brief writing experience.

Whether you are a referring attorney or individual in need of appellate legal services, we welcome the opportunity to assist you.

Dedicated to achieving beneficial client outcomes through a passionate attitude and craftsmanlike approach to the practice of appellate law.

«You get a lot of appellate brief - writing experience and a lot of practice in how to present arguments.»

Indeed, these tips arise from hard lessons learned over the course of half a century of appellate practice.

The whole decision - making process of an appellate court is designed to balance the need for finality against the need for quality and a fair trial in the trial court.

(To recap, Bryan's paper surveyed the practices of sixteen state jurisdictions and DC — the ten largest ABA jurisdictions (by membership size) and seven jurisdictions that did not supply copies of appellate briefs to commercial vendors.

For him, it is «an unprecedented departure from the proper role of an appellate court [that] runs contrary to long - established law and raises a host of practical problems.»

The SCC's decision did not allow for much flexibility and went against one of the usual practices of appellate courts — to give deference to the Copyright Board in findings of fact (fairness in claims of fair dealings is one such finding of fact).

Besides serving the firm's clients, Ray has spent years sharing his knowledge of appellate practice with other lawyers through many presentations and articles on appellate advocacy and legal writing.

Of course «justice» here in the Mian case is balancing on a fine line as justice must not only be seen to be done in the scope of the appellate review but justice must also be done in the very decision the appellate court makes.

For example, we have Federal Court Boot Camps, Superior Court Boot Camps, Depo Training, E-Discovery, Immigration, SLAPPS (a tough CA form of action that even confuses judges), Public Speaking for Attorneys, Expert Witnesses, Legal Editing, Persuasive Appellate Brief Writing, and many others including bankruptcy, a ton of appellate programs, family law basics, etc..

How many appeals has your lawyer handled, to include writing legal briefs and handling the pressure of sometimes rapid - fire questioning from a team of appellate judges?

And it's very easy to think of appellate work as similar to what you do in law school and clerking.

After law school, I clerked for on the 9th Circuit, which solidified my love of the appellate process.

Even though Jones Day lost many of its appellate attorneys to federal government practice this term, it still led the way with fourteen amicus briefs as the firm of record.

The James C. Adkins Award is presented to a member of The Florida Bar who has made significant contributions to the field of appellate practice in Florida.

«This favorable decision is the result of excellent work by our appellate attorneys and reflects the overall strength and experience of our appellate practice group,» said Joseph Hatchett, Chair of Akerman's appellate practice group, former Chief Judge of the United States Court of Appeals for the Eleventh Circuit and former Florida Supreme Court Justice.

The Academy often appears as amicus curiae in cases involving important issues of appellate practice.

A further category of issues that will not be considered as «new» are those «that form the backdrop of appellate litigation, such as jurisdiction, whether a given error requires a remedy and what the appropriate remedy is the standard of review» (par.

At LawReader we read every appellate decision and seldom find quotations from French authors in the usually dry language of appellate decisions.

The practice continues; the court's rules of appellate procedure still require use of this public domain citation system.

In B.C. the scope of appellate intervention in commercial arbitration is narrow: there is limited jurisdiction for appellate review of arbitration awards because B.C. is statutorily limited to questions of law (Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).

Among them, one can find foreign ownership and control, outsourcing and offshoring, preservation of and access to our legal heritage, access to French and English translations of appellate court decisions on subjects of national interest, the definition of a public document, copyright in compilations, and government funding.

While the Supreme Court Reports, the Federal Court Reports, and the New Brunswick Reports all continue their tradition of publishing judgments in French and English, there are problems with access to translations of judgments of appellate courts in other provinces.

But I couldn't think of any comparable high - profile national judicial organization, and the thought of every appellate, superior, and lower court in the country sending representatives was, shall we say, daunting.

But findings of this kind by an expert tribunal are entitled to considerable respect on the part of appellate courts, and it may be that despite my reservations about it interference would not have been justified.

[54] The question of when it will be appropriate to resort to the material - contribution test discussed in Resurfice Corp. has been the subject of some appellate consideration and considerable academic writing.

Because of the unique nature of appellate law, research is done on a very regular basis, as appellate attorneys have to dig into the past to find new information regarding their cases.

Under Jud.Code § 262, the circuit court of appeals has power to issue all writs not specifically provided for by statute which may be necessary to the exercise of its appellate jurisdiction.

An overview of appellate practice for the advanced practitioner as well as a review in preparation for the Appellate Practice Certification Review exam.

Gall is a great case to determine the discretion available to district courts, as well as the standard of appellate review post-Booker.

An overview of appellate practice in the family law context for all levels of practitioners.

Whatever one thinks about the Court's purported moves to the right on other issues, in the arena of criminal sentencing, federal defendants certainly should be more hopeful arguing before the current Justices than before any other group of appellate judges.

This appeal tests the nature and extent of appellate review over sentencing under the new regime of advisory Sentencing Guidelines.

By doing that, you gain valuable experience in the unique practice of appellate law, and you learn whether or not appellate law is the right legal subfield for you.

This substantial evidence rule and its close cousin, the abuse of discretion standard, are beacons of appellate practice, and those beacons were dispositive in the next case we discuss.

The Section is looking for more ways to serve you better, get new and passive members involved, and to help a diverse number of appellate lawyers for leadership in the Section.

«The mandate of the appellate court is to determine the correctness of the trial decision, and a functional test requires that the trial judge's reasons be sufficient for that purpose.

In a concurring opinion, the second judge in the majority lamented that the «disagreement over the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.»

The Report will initially consist of HTML of all slip and final opinions of the appellate and supreme courts of the 50 states and the federal government.

R. v. Mian, 2014 SCC 54 (35132) An appellate court will be found to have raised a new issue when the issue was not raised by the parties, can not reasonably be said to stem from the issues as framed by the parties, and therefore would require parties be given notice of the issue to make informed submissions, and issues forming the backdrop of appellate litigation will typically not be «new issues».

The duty of the appellate tribunal does, however, include a review of the record below in order to determine whether the trial court has properly directed itself to all the evidence bearing on the relevant issues.

He went on to proclaim that adherence to the trial record was not a ««fetish»» but rather a central foundation for «the proper role of an appellate court,» and that extrarecord factual research by appellate judges «will cause problems in our judicial system more serious than those it is trying to solve in this case.»

Hopefully such changes also would enhance the ability of appellate courts to make «a sensible decision» based on all of the «important facts» for such a decision.

The monograph examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals.

As I predicted in early January based on the official recording of the appellate hearing, the United States Court of Appeals for the Federal Circuit has thrown out the 2014 district court ruling in Apple's favor (which was already a major disappointment for Apple, as Apple got only about 5 % of the roughly $ 2.5 billion it originally wanted).

It is not the task of an appellate court to disagree with the trial judge's assessment [49].