The Appellate Law Journal focuses exclusively on rules, practices and procedures of federal and state appellate courts nationwide. Edited by the appellate experts at Counsel Press, The Appellate Law Journal is designed to provide a forum for creative thought about the procedural aspects of appellate practice and to disclose best practices, strategies and practical tips.
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Inside This Issue:
Mixed Standards of Review on Appeal in California
A mixed standard of review may apply on appeal depending on your circumstances, the order appealed and the issues presented. If the trial court judge makes factual conclusions to determine if an ultimate fact is met under the application of a rule of law, a mixed question of law and fact exists.
When the Only Law Available on the Issue is an Unpublished Decision, What Are My Options?
As attorneys, we have all been faced with a situation where the most applicable or best case law is unfortunately buried in an “unpublished” decision. On some occasions, the only law available on the issue or the only factually similar case is an unpublished decision. When these circumstances arise, there are a handful of strategies to deal with them.
California Court of Appeal, Fourth Appellate District, Division One: New Rule Change, Effective July 1, 2015
Starting on July 1, 2015, California Court of Appeal, Fourth Appellate District, Division One, will require mandatory e-filing of all original proceedings other than writs subject to California Rules of Court, rules 8.450 through 8.456.
What is the Value of Oral Argument in the California Supreme Court?
There has been some recent debate over the value of oral argument in the California Supreme Court. Specifically, Professor Daniel J. Bussel, from UCLA’s School of Law, published a law review article titled, "Opinions First – Argument Afterwards" questioning whether litigants have a meaningful opportunity to sway the final outcome of a matter with oral argument.
Appellate Brief Writing: Five Briefs to Avoid
When an attorney inevitably finds himself or herself against a deadline to file a brief, the rush to get the job done often has adverse consequences. Here, at CP Legal Research Group, we have assisted thousands of attorneys with their briefs. We frequently see the results of a looming deadline and inadequate time to provide the required focus on the brief. This article describes five briefs that appellate practitioners should avoid, even when faced with a filing deadline.
New York Legal Community Names Counsel Press Best Appellate Services Provider For Six Consecutive Years
Counsel Press, the nationwide leader in appellate services, has been named Best Appellate Printer and Best Appellate Services Provider in the 2015 New York Law Journal Reader Rankings. This is the sixth consecutive year Counsel Press has been voted number one appellate services provider by the legal community. Counsel Press’ Legal Research Group was also honored for the sixth consecutive year with a “Top Three” finish.