Scope of Review
If error is found:
Trial court decision is:
affirmed, reversed, remanded
- An attorney's written argument presented to appeals court. states how law should be applied to the case facts of the client.
- They deal Only with legal issues. RARELY, will they review a trial's findings of fact. They disregard court's findings of fact unless they are found to be..
- Clearly Erroneous-standard used by appellate courts regarding fact reviews-convinced the trial court made a mistake.
- Independent Review- standard used when legal aspect dominate
- Harmless- Not sufficient to warrant reversing decision
- Reversible- sufficient to warrant reversing decisions.
- *Further appeals are only discretionary from here, not a right*