What Appellate Judges Look For When They Review A Case?

What Appellate Judges Look For When They Review A Case
The Appeals Process – The losing party usually has the right to appeal a federal trial court decision to a court of appeals. Similarly, decisions made by most federal administrative agencies are subject to review by a court of appeals. Parties who contest decisions made in certain federal agencies – for example, disputes over Social Security benefits – may be required to seek review first in a district court rather than go directly to an appeals court.

The losing party usually has the right to appeal a federal trial court decision to a court of appeals. In a civil case, either side may appeal the judgment, whether it results from a jury verdict or bench trial. Parties that settle a civil case relinquish their right to appeal. In a criminal case, the defendant may appeal a conviction based on a guilty verdict, but the government may not appeal if a defendant is found not guilty.

Either side in a criminal case may appeal a sentence that is imposed after a guilty verdict by arguing that the sentence violates the law, reflects an incorrect application of the sentencing guidelines, or improperly departs from the sentencing guidelines.

When defendants plead guilty, they generally give up their right to appeal, except for claims they may have relating to their sentencing. If the dissatisfied party in a district court case plans an appeal, the first step usually is to file a notice of appeal in the district court, which informs the court of appeals and other parties.

A litigant who files an appeal of a district court decision is known as an appellant. The term petitioner is used for a litigant who files an appeal from an administrative agency or who appeals an original proceeding. The appellant (petitioner) bears the burden of showing that the trial court or administrative agency made a legal error that affected the district court’s decision.

Why do appeals take so long?

Understanding Appeals Deadlines – If the appeals process takes a long time, it’s because your case must go through several stages. And at each stage after you file, you have to wait behind other cases that have been filed before yours. The first step, which is the fastest, is starting the appeals process.

If you were convicted in a California state court, you have as little as 30 days to file a Notice of Appeal, 60 days in felony cases. But if you want to appeal a federal conviction, you have only 14 days to file your notice after the trial court’s judgment. When considering deadlines to file Notices of Appeal, however, it’s important to note that this is not your only avenue for post-conviction relief.

To learn more, contact an attorney at our firm right away. Once a Notice of Appeal is filed, your legal team must obtain and review the record (which includes all the transcripts from your hearings) along with copies of all of the evidence that was considered.

This is one of the most crucial stages of the process, because there is a lot to do, and very little time to do it. Your lawyers must turn over each stone in your case, consider every possible argument in your favor, and then select and present the best ones in a well-reasoned and researched brief. A brief is a legal argument that is submitted to the court, in which you ask for relief from your judgment and explain the reasons why it should be granted.

In federal and in-state cases, the brief must follow strict (and different) rules governing both the content and the form of the document. The court in which you have filed the appeal will tell you exactly when you have to submit your brief. In both federal and state courts, the brief must generally be submitted within 40 days of you obtaining the record.

All of the briefs will usually be filed around three to five months after the original judgment you are appealing.
The next stage, which can take several months or even years more, is for the appeals judges to read the briefs, and for the court to schedule an oral argument.
The oral argument is an opportunity to convince the judges that your interpretation of the law is correct.

In both federal and state appeals, the hearing is very short, meaning that it’s essential to have a lawyer with experience in this type of advocacy. After the oral argument, it can take a few weeks for the court to issue its opinion. If they rule in your favor, your conviction might be vacated.

What is the highest appellate court?

Supreme Court of the United States – The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.

For example, if a First Amendment freedom of speech case was decided by the highest court of a state (usually the state supreme court), the case could be appealed to the federal Supreme Court.
However, if that same case were decided entirely on a state law similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case.

After the circuit court or state supreme court has ruled on a case, either party may choose to appeal to the Supreme Court. Unlike circuit court appeals, however, the Supreme Court is usually not required to hear the appeal. Parties may file a “writ of certiorari” to the court, asking it to hear the case.

If the writ is granted, the Supreme Court will take briefs and conduct oral argument.
If the writ is not granted, the lower court’s opinion stands.
Certiorari is not often granted; less than 1% of appeals to the high court are actually heard by it.
The Court typically hears cases when there are conflicting decisions across the country on a particular issue or when there is an egregious error in a case.

The members of the Court are referred to as “justices” and, like other federal judges, they are appointed by the President and confirmed by the Senate for a life term. There are nine justices on the court – eight associate justices and one chief justice.

The Constitution sets no requirements for Supreme Court justices, though all current members of the court are lawyers and most have served as circuit court judges. Justices are also often former law professors. The chief justice acts as the administrator of the court and is chosen by the President and approved by the Congress when the position is vacant.

The Supreme Court meets in Washington, D.C. The court conducts its annual term from the first Monday of October until each summer, usually ending in late June. : Introduction To The Federal Court System

What makes a successful appeal?

Odds of a Successful Appeal – If you’re wondering how often are successful, the short answer is “typically, not often.” That doesn’t mean you can’t win yours with the proper, experienced representation. The appellate court reviews each case from the standpoint of trying to support the trial court’s judgment.

To win an appeal, you must adequately demonstrate an error of law or wrongdoing committed by the court during the trial proceedings.
The appellate court typically assumes judges and legal professionals follow applicable rules and laws during a case.
Your appellate lawyer must prove that the court made a mistake, abused its power, or ruled contrary to all of the evidence.

Your appellate attorney can help you determine if you can show an error was made to warrant appealing your case. Appeals are costly and the result is uncertain.

Why is it hard to win an appeal?

How the appellate court reviews the trial court’s decision — Standards of review – When the appellate court reviews a case, it needs some rules or guidelines to determine whether a mistake was made in the trial court. There are different kinds of review guidelines for different kinds of trial court decisions.

These guidelines are called “standards of review” When you (the appellant) argue that the trial court made a legal error, the appellate court looks first at what the standard of review is for the particular kind of decision made in your trial court case. The 3 most common standards of review are: If you are appealing a decision that involved the trial court’s use of discretion, the abuse of discretion standard is used by the appellate court in its review.

Any decision that involves the judge using his or her discretion (such as whether to admit certain evidence in the trial) comes under this standard. Abuse of discretion occurs when the trial court judge makes a ruling that is arbitrary or absurd. This does not happen very often.

If you are appealing because you think that the decision of the trial court is not supported by substantial evidence, the appellate court uses the substantial evidence standard.
The appellate court reviews the record to make sure there is substantial evidence that reasonably supports the trial court’s decision.

The appellate court’s function is not to decide whether it would have reached the same factual conclusions as the judge or jury. The appellate court just decides whether a reasonable fact-finder could have come to the same conclusion based on the facts in the record.

If there is a conflict in the evidence and a reasonable fact-finder could have resolved the conflict either way, the appellate court will not overturn the trial court’s decision.
Because the judge or jury at the trial saw the witnesses and heard what the witnesses said, they were in a better position to decide what actually happened and who was telling the truth.

De novo is a Latin phrase meaning “from the beginning.” In de novo review, the appellate court does not defer to the decisions made in the trial court and looks at the issue as if the trial court had never ruled on it. This type of review is generally limited to issues involving questions of law,

How often are appeals successful?

If you received an unfavorable decision from a court in a criminal case, civil case, or family law case, you have the right to appeal. You may want to know: What are the chances of successfully overturning a judge’s ruling on appeal? The answer depends entirely on the specific circumstances of your case.

When can appeals succeed?

What are the chances of success? – For an appeal to succeed a party must convince the Court that the Judge that heard the original case made an error of law and that the error was of such significance that the decision should be overturned. Some examples of significant errors of law are that the Judge that heard the original case:

applied an incorrect principle of law; or made a finding of fact or facts on an important issue which could not be supported by the evidence.

The Court hearing the appeal:

does not consider any new evidence or information that was not presented in the original case (except in special circumstances); does not call witnesses to give evidence; does read all the relevant documents filed by the parties for the original case; does read the relevant parts of the transcript of the original case, if available; does listen to legal argument from both parties to the appeal.

What happens if you lose an appeal?

What Happens After an Appeal is Affirmed? – After losing an appeal, the appellate court will typically affirm the original decision made by the lower court. In other words, the lower court’s decision will stand, and the ruling will become final. In some instances, the appellate court may also modify the original decision instead of affirming it.

Who handles most appellate cases?

Main content Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. On this page: Appellate Court Sources and Resources │ The Appeals Process │ Appeals Raising Constitutional Issues │ Death Penalty Appeals │ Three-Judge Panels The nation’s 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.

These courts hear appeals from the district courts located within their circuits, as well as appeals from decisions of federal administrative agencies and some original proceedings filed directly with the courts of appeals.
The vast majority of courts of appeals decisions are final, and they are binding on lower courts within the same circuit.

In addition, federal appellate courts hear cases that originated in state courts when they involve claims that a state or local law or action violates rights guaranteed under the U.S. Constitution. One important category is habeas corpus cases, which allege improper incarceration, and form the basis of federal appeals of death penalties imposed by state courts.

Federal courts of appeals routinely handle more than 50,000 cases each year. Ten percent or fewer of those decisions are appealed to the Supreme Court, which in turn hears oral arguments in fewer than 100 cases annually. Thus, the vast majority of courts of appeals decisions are final, and they are binding on lower courts within the same circuit.

A 13th appellate panel, the Court of Appeals for the Federal Circuit, is a unique court. It is based in Washington, D.C., and has nationwide jurisdiction to hear appeals in specialized cases. The court hears appeals from the U.S. Court of International Trade, the U.S.

What is the highest court a defendant can appeal to?

Appeal Even after a defendant is found guilty, they can appeal to the Circuit Court if the defendant believes they were wrongly convicted or the sentence was too harsh. An appeal is not another trial but an opportunity for the defendant to try to raise specific errors that might have occurred at trial.

A common appeal is that a decision from the judge was incorrect – such as whether to suppress certain evidence or to impose a certain sentence.
Appeals are complicated and sometimes result in the case going back to the trial court.
A specific conviction may be reversed, a sentence altered, or a new trial may be ordered altogether if the Appeals Court decides that particular course of action.

Even after an appeal is decided by a circuit court judge, a defendant can try to appeal that decision to the United States Supreme Court in Washington, D.C. The United States Supreme Court — the highest appellate court in the American court system — makes the final decision concerning a defendant’s appeal.

Which is the highest court of appeal Why?

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court. The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961,Section 130-A of the Customs Act, 1962, and Section 82C of the Gold (Control) Act, 1968. Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Advocates Act, 1961, The Contempt of Courts Act, 1971, Income Tax Act, 1961, Customs Act, 1962, Central Excises Act, 1944, Code of Criminal Procedure, 1973, The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Securities and Exchange Board of India Act, 1992, Telecom Regulatory Authority of India Act, 1997, Competition Act, 2002, Electricity Act, 2003, National Tax Tribunal Act, 2005, Armed Forces Tribunal Act, 2007, Petroleum and Natural Gas Regulatory Board Act, 2006, Airports Economic Regulatory Authority of India Act, 2008, National Green Tribunal Act, 2010, Companies Act, 2013, Pension Fund Regulatory and Development Authority Act, 2013, Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Insolvency and Bankruptcy Code, 2016, Central Goods and Services Tax Act, 2017, Major Port Authorities Act, 2021, and Consumer Protection Act, 2019.Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court. Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General. Under Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record. Order XLVIII of the Supreme Court Rules, 2013 provides that the Supeme Court can reconsider its final judgment/ order by way of a Curative Petition on limited grounds after the dismissal of Review Petition. PUBLIC INTEREST LITIGATION Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon’ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as ‘Public Interest Litigation’ and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In case of a letter addressed to Hon’ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose. PROVISION OF LEGAL AID If a person belongs to the poor section of the society having annual income of less than Rs.5,00,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural calamity, is a woman or a child or a mentally ill or otherwise disabled person or an industrial workman, or is in custody including custody in protective home, he/she is entitled to get free legal aid from the Supreme Court Legal Aid Committee. The aid so granted by the Committee includes cost of preparation of the matter and all applications connected therewith, in addition to providing an Advocate for preparing and arguing the case. Any person desirous of availing legal service through the Committee has to make an application to the Secretary and hand over all necessary documents concerning his case to it. The Committee after ascertaining the eligibility of the person provides necessary legal aid to him/her. Persons belonging to middle income group i.e. with income above Rs.60,000/- but under Rs.7,50,000/- per annum are eligible to get legal aid from the Supreme Court Middle Income Group Society, on nominal payments. AMICUS CURIAE If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved. HIGH COURTS The High Court stands at the head of a State’s judicial administration. There are 25 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi,- and Union Territories of Jammu & Kashmir and Ladakh have a High Court of their own. Other five Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The procedure for appointing puisne Judges is the same except that the Chief Justice of the High Court concerned is also consulted. They hold office until the age of 62 years and are removable in the same manner as a Judge of the Supreme Court. To be eligible for appointment as a Judge one must be a citizen of India and have held a judicial office in India for ten years or must have practised as an Advocate of a High Court or two or more such Courts in succession for a similar period. Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories. Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. The following Table (*Annexure.A) gives the seat and territorial jurisdiction of the High Courts. ADVOCATE GENERAL There is an Advocate General for each State, appointed by the Governor, who holds office during the pleasure of the Governor under Article 165 of the Constitution of India. He must be a person qualified to be appointed as a Judge of High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote. LOK ADALATS Lok Adalats which are voluntary agencies is monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method. The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court or order of a Tribunal and shall be final and binding on the parties to the dispute. It also provides that in respect of cases decided at a Lok Adalat, the court fee paid by the parties will be refunded. Annexure ‘A’ JURISDICTION AND SEAT OF HIGH COURTS

S. No.	Name of the High Court	Year of Establishment	Territorial Jurisdiction	Principal Seat & Bench
1.	Bombay High Court	1862	Maharashtra, Dadra and Nagar Haveli, Daman & Diu*, Goa	Principal Seat : Mumbai Other Benches : Panaji, Aurangabad, and Nagpur
2.	Calcutta High Court	1862	West Bengal Andaman & Nicobar islands*	Principal Seat : Kolkata Other Benches : Port Blair and Jaipaiguri
3.	Madras High Court	1862	Tamil Nadu Pondicherry*	Principal Seat : Chennai Bench : Madurai
4.	Allahabad High Court	1866	Uttar Pradesh	Principal Seat : Prayagraj Bench : Lucknow
5.	Karnataka High Court	1884	Karnataka	Principal Seat : Bengaluru Other Benches : Dharwad and Gulbarga
6.	Patna High Court	1916	Bihar	Patna
7.	Guwahati High Court	1948	Assam, Nagaland, Mizoram, Arunachal Pradesh	Principal Seat : Guwahati Other Benches : Kohima, Aizawl, and Itanagar
8.	Odisha High Court	1949	Odisha	Cuttack
9.	Rajasthan High Court	1949	Rajasthan	Principal Seat : Jodhpur Bench : Jaipur
10.	Madhya Pradesh High Court	1956	Madhya Pradesh	Principal Seat : Jabalpur Other Benches : Gwalior and Indore
11.	Kerala High Court	1958	Kerala, Lakshadweep*	Kochi
12.	Gujarat High Court	1960	Gujarat	Sola(Ahmedabad)
13.	Delhi High Court	1966	Delhi*	New Delhi
14.	Himachal Pradesh High Court	1971	Himachal Pradesh	Shimla
15.	Punjab & Haryana High Court	1975	Punjab, Haryana, Chandigarh*	Chandigarh
16.	Sikkim High Court	1975	Sikkim	Gangtok
17.	Chhattisgarh High Court	2000	Chhattisgarh	Bilaspur
18.	Uttarakhand High Court	2000	Uttarakhand	Nainital
19.	Jharkhand High Court	2000	Jharkhand	Ranchi
20.	Tripura High Court	2013	Tripura	Agartala
21.	Manipur High Court	2013	Manipur	Imphal
22.	Meghalaya High Court	2013	Meghalaya	Shillong
23.	Telangana High Court	2019	Telangana	Hyderabad
24.	Andhra Pradesh High Court	2019	Andhra Pradesh	Amravati
25.	Jammu & Kashmir and Ladakh (Note: In 1928, Jammu & Kashmir high court was established. Post-bi-furcation of J&K into two union territories; there is now a common high court.)	2019	Jammu and Kashmir, Ladakh	Jammu & Srinagar

What are the chances of winning a appeal?

The chances of winning a criminal appeal in California are low (about 20 percent of appeals are successful). But the odds of success are greater if there were errors of law and procedure at trial significant enough to have affected the outcome of the case.

a new trial and
a second chance at acquittal.

Much depends on the facts and circumstances of the case. A lot rides on the skill and strategy of the attorney handling the appeal. In the article below, our appellate lawyers 1 will discuss the factors that can increase the odds of a successful appeal. What Appellate Judges Look For When They Review A Case Guilty verdicts may be appealed to a higher court.

What is a strong appeal?

The strong-appeal letter emphasizes urgency. It says, in effect, “we must have the payment by return mail.” By developing the basic appeals and insisting on payment for the debtor’s own good, the writer adds stringency. Comments about the cost of a lawsuit are common in urgency letters.

Although the loss of credit or possessions may be implied, the best psychology is to let the reader know you are still willing to settle things without undue embarrassment.
The deftness with which the writer handles the collection problem at this stage determines which customers are retained for the company.

At the same time, the account has reached a crucial stage at which the assumption is that the customer will pay only after considerable pressure is applied. To develop the strong appeal from the mild appeal, follow these suggestions.

Change the appeal from one of challenging the debtor‟s retention of a favorable credit rating, a good reputation, or a prized possession to one of definitely implying that a debtor is about to lose something of value or face a distasteful situation. Decrease the persuasive tone. Become more demanding. Instead of discussing why the debtor doesn’t pay, talk about why the debtor must pay. Offer the debtor a choice between two or more things (partial payment, time notes), none of which enables the debtor to get off the hook. Let the debtor know that the weight of evidence and the legal aspects definitely favor you and not the debtor. Consider using the deductive approach.

Recall from chapter 11 that sometimes bad news is appropriately placed in the first sentence. Late in the collection series, nothing (including the inductive approach) has worked. At this stage a deductive letter might “shake” the debtor and achieve the desired result.

If the letter shocks a debtor into payment, good. If it doesn’t, little is lost by trying the deductive approach. Ultimatum When strong appeals fail to do their work, the collection writer must take the only remaining course of action: a letter that says, “you must pay now of your own volition or we will use every possible legal means to enforce collection.” In this letter you must mention whatever action you plan to take to obtain final collection.

But be careful that your letter does not use language that makes you susceptible to legal action! Do not start name-calling. And avoid preaching because debtors who get to this stage do not react favorably do advice about how they should have acted. The ultimatum letter in Figure 12.11 shows that the tone has changed from “must pay” to “pay now or else.” Note that the ultimatum reviews the sequence of events, past and future, to indicate the seriousness of the matter. What Appellate Judges Look For When They Review A Case If the ultimatum letter does not result in collection, the only recourse is to tell the debtor you are taking the steps promised. THINK ABOUT IT The purpose of a persuasive message is to get action. Since people will act only if they want to, persuasive messages must arouse the reader‟s interest (desire).

When a writer‟s purpose is to sell a product or to request a special favor, ideas should be presented in the inductive sequence: get the reader‟s attention, introduce the product or request, give evidence to indicate that the reader gains by buying or complying, and encourage action. Effective persuasive letters build on a central selling point.

The readers, rather than the product, serve as the subject of many of the sentences. Compared with other persuasive letters, collection letters are shorter. This is because debtors already know that they owe money. A short letter that presents one good reason for paying has a better chance of success than a long letter that presents many reasons.

What are the 4 steps in the appeal process?

Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. – In some states, appellants must file a separate document with administrative information at the same time, or shortly after, filing a Notice of Appeal. For example, in Maryland you must file a ” Civil Appeal Information Report ” within 10 days of filing your Notice of Appeal.

Why do fear appeals fail?

Extended parallel process model – The extended parallel process model (EPPM) is a theory that explains how cognitive and emotional mechanisms trigger distinct motivational and coping responses such as fear control and danger control responses. Fear control responses minimize fear through emotional coping that generates reassurance through denial of the threat or derogation of the persuasive message.

Fear control is a process of denial that does not involve physically averting behavior to the perceived threat.
Danger control is a cognitive process also oriented towards reducing the presented threat.
However, unlike fear control response, danger control response may prompt protective action.
Thus according to the extended parallel process model, the experience of fear is considered an emotional reaction, and the perceptions of threat are a set of cognitions.

The extended parallel process model differs from many other fear appeal arguments because it suggests that fear arousal and danger control processes are distinct processes where fear arousal need not precede the danger control process that underpin precautionary behaviors.

It is predicted that a fear appeal will initiate a dominant response of either fear control or danger control processes. The extended parallel process model concludes that cognitions (attitudes, intentions, and behavior changes) result in fear appeal success via the danger control process. It also concludes that fear appeals fail when the fear emotion is reduced via the fear control process.

Defensive avoidance is an example of a fear control response that leads to the failure of fear appeals.

Where do most appeals end?

The Process – Although some cases are decided based on written briefs alone, many cases are selected for an “oral argument” before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute.

Each side is given a short time — usually about 15 minutes — to present arguments to the court.
Most appeals are final.
The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S.
Supreme Court to review the case.

In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit. A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a “writ of certiorari,” which is a document asking the Supreme Court to review the case.

The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal.

Different types of cases are handled differently during an appeal.

What happens after a successful appeal?

Criminal case – If the appeal against the conviction is successful, the court will either order a new trial with a different judge and jury, or find the appellant not guilty. If the appeal against the sentence is successful, the sentence may be reduced or a different type of sentence may be imposed. Last reviewed 6 March 2023 Last updated 6 March 2023

How many decisions per year are made of appeals?

About the U.S. Courts of Appeals In the federal system, 94 district courts are organized into 12 circuits, or regions. Each circuit has its own Court of Appeals that reviews cases decided in U.S. District Courts within the circuit. The U.S. Court of Appeals for the Federal Circuit brings the number of federal appellate courts to 13.

Are appeals ever successful?

The Lesson: Appeals are Complicated—Skilled Representation is Essential – An appeal is not a re-hearing. Instead, it is an opportunity to challenge a clear error made by a court. While the overall success rate of appeals in criminal and civil cases can provide some guidance, the reality is that each and every appeal is unique.

When can appeals succeed?

applied an incorrect principle of law; or made a finding of fact or facts on an important issue which could not be supported by the evidence.

The Court hearing the appeal: