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Author : Maurice Rosenberg
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.46/5 ( download)
Download or read book Appellate Review of Trial Court Discretion written by Maurice Rosenberg and published by . This book was released on 1975 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maurice Rosenberg
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.86/5 ( download)
Download or read book Appellate Review of Trial Court Discretion written by Maurice Rosenberg and published by . This book was released on 1977 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Harry T. Edwards
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.61/5 ( download)
Download or read book Federal Courts Standards of Review written by Harry T. Edwards and published by West Academic Publishing. This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
Author : Steven Alan Childress
Publisher :
ISBN 13 : 9781422479001
Total Pages : pages
Book Rating : 4.05/5 ( download)
Download or read book Federal Standards of Review written by Steven Alan Childress and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Bar Association
Publisher : Judicial Division
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.21/5 ( download)
Download or read book Standards Relating to Appellate Courts written by American Bar Association and published by Judicial Division. This book was released on 1994 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven Alan Childress
Publisher :
ISBN 13 :
Total Pages : 898 pages
Book Rating : 4.68/5 ( download)
Download or read book Federal Standards of Review: Criminal cases and administrative appeals written by Steven Alan Childress and published by . This book was released on 1999 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J. Eric Smithburn
Publisher :
ISBN 13 :
Total Pages : 712 pages
Book Rating : 4.34/5 ( download)
Download or read book Appellate Review of Trial Court Decisions written by J. Eric Smithburn and published by . This book was released on 2009 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the different standards of review is necessary to the lawyer's informed reading of the appellate opinion. Further, the lawyer should use standard of review to discuss with the client the nature of the trial court's decision and the likelihood of success on review. If the client understands the difference between questions of law, which are reviewed de novo, and discretionary decisions, which are generally deferred to unless unreasonable, he or she will form realistic expectations about the trial and whether to consider an appeal. This casebook discusses the role of appellate courts and the history of appellate review and presents an overview of the concepts of scope of review and standard of review. It is organized into chapters on the different standards of review and includes notes and questions. The book is adaptable to a lecture-discussion format or as a classroom adjunct to a seminar-research paper arrangement.
Author : Alison Burke
Publisher :
ISBN 13 : 9781636350684
Total Pages : pages
Book Rating : 4.82/5 ( download)
Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J. Eric Smithburn
Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.19/5 ( download)
Download or read book Judicial Discretion written by J. Eric Smithburn and published by . This book was released on 1991 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : R. Bronson
Publisher :
ISBN 13 : 9781691202645
Total Pages : 66 pages
Book Rating : 4.49/5 ( download)
Download or read book Florida Black Letter Citations written by R. Bronson and published by . This book was released on 2019-09-05 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black letter laws are legal rules that are so established or engrained in our jurisprudence that they are no longer subject to reasonable dispute. In your line of work--that is, legal writing--you often refer to black letter laws to state the various standards that an appellate court should apply to the cases under its review. The goal of this book is to make that job easier.This book is organized by general topics, each containing succinct propositions of appellate review. Each proposition is then followed by one or more case citations from the Florida Supreme Court and each of the five district courts of appeal. Each citation also includes an excerpt from the case that supports the stated proposition. The objective is to allow you to quickly and easily craft strong sentences about appellate review by using the language and case citations contained in this book. For example, say you are representing the appellee in an appeal over an evidentiary ruling, but the appellant did not object to the introduction of the evidence. Using the language and case citations in this book, you could quickly craft the following paragraph:The standard of review that applies is an abuse of discretion, and if reasonable people could disagree about the propriety of the trial court's decision, this court must affirm. See Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980) ('In reviewing a true discretionary act, the appellate court must fully recognize the superior vantage point of the trial judge and should apply the "reasonableness" test to determine whether the trial judge abused his discretion. If reasonable men could differ as to the propriety of the action taken by the trial court, then the action is not unreasonable and there can be no finding of an abuse of discretion. The discretionary ruling of the trial judge should be disturbed only when his decision fails to satisfy this test of reasonableness."); see also Adams v. Adams, 511 So. 2d 743, 744 (Fla. 5th DCA 1987) ("Because reasonable men could disagree, there was no abuse of discretion . . . ."). However, Appellant did not object to the introduction of the evidence at issue in this appeal. Accordingly, the issue Appellant presents is not preserved for this court's review. See Brown & Williamson Tobacco Corp. v. Carter, 848 So. 2d 365, 368 (Fla. 1st DCA 2003) ("Nothing is more basic to our function as a court of review than the principle that error, other than fundamental error, must be preserved by an appropriate objection in the trial court." (first citing Dober v. Worrell, 401 So.2d 1322, 1323-24 (Fla.1981); then citing Keech v. Yousef, 815 So.2d 718, 719-20 (Fla. 5th DCA 2002); and then citing Smithwick v. Television 12 of Jacksonville, Inc., 730 So.2d 795, 797 (Fla. 1st DCA 1999))). Accordingly, Appellant cannot meet her burden of showing that an error has occured, see Livingston v. State, 219 So. 3d 911, 915 (Fla. 2d DCA 2017) ("It is axiomatic that the appellant 'bears the burden of demonstrating that an error occurred in the trial court.' " (quoting Goodwin v. State, 751 So. 2d 537, 544 (Fla. 1999))), and this court must therefore affirm.That is a winning paragraph, and it was constructed in a matter of minutes using the propositions and case law provided in this book. With this book, you will be able to easily and quickly craft strong statements regarding appellate review as well.About the author: R. Bronson is a licensed attorney who has practiced in Florida for the last eight years. His primary focus has been the study and practice of appellate law. He currently serves as an elbow clerk for a district court of appeal judge.
