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Family Law Appeals
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Standard of Review
The guidelines the appellate court follows to evaluate the legal correctness of the trial court's decision.
Notice of Appeal
A written statement filed by the appellant to inform the court and other parties of the intent to challenge a decision.
Record on Appeal
The compilation of all documents, evidence, and transcripts from the trial court that are relevant to the appeal.
Briefs
Written arguments submitted by both sides in an appeal that outline the legal and factual bases for their positions.
Oral Argument
An opportunity for lawyers to summarize their position before the appellate court and answer the judges' questions.
Appellate Court Jurisdiction
The authority of an appeals court to review and decide on cases transferred from lower courts.
Appellee
The party who opposes the appeal and seeks to uphold the trial court's decision.
Appellant
The party who initiates an appeal after receiving an adverse decision at the trial court level.
Motions in Appellate Court
Requests for orders from the appellate court while an appeal is pending (e.g., motion for stay of the judgment).
Final Judgment Rule
A legal principle that appellate courts will generally only review final decisions that dispose of all issues.
Mandate
The official order issued by an appellate court that marks the end of the appeal and may include a direction for the trial court.
Modification
A ruling by an appellate court that changes or alters part of the trial court's decision.
Harmless Error
A mistake made by the trial court that is too minor to affect the case's outcome, and thus does not warrant reversal.
Interlocutory Appeals
Appeals of trial court decisions made before the final judgment in a case.
Affirmance
The action by the appellate court to uphold the trial court's decision.
Amicus Curiae
A 'friend of the court' who submits a brief or testifies to offer additional information or arguments for the court to consider.
Reversible Error
An error at trial that likely affected the case outcome and warrants reversal of the decision on appeal.
En Banc Review
A review by all the judges of an appellate court rather than by a panel of judges selected from them.
Writ of Certiorari
An order by a higher court directing a lower court to send up a case for review.
Remand
When an appellate court sends a case back to the trial court for further proceedings or a new trial.
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