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Family Law Appeals

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Standard of Review

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The guidelines the appellate court follows to evaluate the legal correctness of the trial court's decision.

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Notice of Appeal

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A written statement filed by the appellant to inform the court and other parties of the intent to challenge a decision.

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Record on Appeal

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The compilation of all documents, evidence, and transcripts from the trial court that are relevant to the appeal.

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Briefs

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Written arguments submitted by both sides in an appeal that outline the legal and factual bases for their positions.

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Oral Argument

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An opportunity for lawyers to summarize their position before the appellate court and answer the judges' questions.

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Appellate Court Jurisdiction

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The authority of an appeals court to review and decide on cases transferred from lower courts.

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Appellee

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The party who opposes the appeal and seeks to uphold the trial court's decision.

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Appellant

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The party who initiates an appeal after receiving an adverse decision at the trial court level.

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Motions in Appellate Court

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Requests for orders from the appellate court while an appeal is pending (e.g., motion for stay of the judgment).

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Final Judgment Rule

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A legal principle that appellate courts will generally only review final decisions that dispose of all issues.

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Mandate

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The official order issued by an appellate court that marks the end of the appeal and may include a direction for the trial court.

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Modification

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A ruling by an appellate court that changes or alters part of the trial court's decision.

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Harmless Error

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A mistake made by the trial court that is too minor to affect the case's outcome, and thus does not warrant reversal.

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Interlocutory Appeals

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Appeals of trial court decisions made before the final judgment in a case.

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Affirmance

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The action by the appellate court to uphold the trial court's decision.

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Amicus Curiae

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A 'friend of the court' who submits a brief or testifies to offer additional information or arguments for the court to consider.

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Reversible Error

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An error at trial that likely affected the case outcome and warrants reversal of the decision on appeal.

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En Banc Review

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A review by all the judges of an appellate court rather than by a panel of judges selected from them.

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Writ of Certiorari

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An order by a higher court directing a lower court to send up a case for review.

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Remand

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When an appellate court sends a case back to the trial court for further proceedings or a new trial.

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