APPELLATE PROCEDURE

(Wex page)
Definition

A standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain error.

Overview

The...

(Wex page)

Latin for "friend of the court." Plural is "amici curiae." Frequently, a person or group who is not a party to an action, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of...

(Wex page)
Definition

Appellate jurisdiction refers to the power of a court to hear appeals from lower courts.

Overview

Appellate jurisdiction includes the power to reverse or modify the the lower court's decision. Appellate jurisdiction exists for both...

(LIIBULLETIN preview)

In 2014, Willie Earl Carr attempted to claim disability benefits from the Social Security Administration (“SSA”). Carr v. Comm’r, SSA at 5. In 2017, administrative law judges (“ALJs”) denied the claims. Id. Carr then sued in the Northern District of...

(LIIBULLETIN preview)

In 2006, the City of San Antonio filed a class action lawsuit against online travel companies (“OTCs”), including Hotels.com, Hotwire, Orbitz, and Travelocity, for failure to pay municipal hotel occupancy taxes in full. City of San Antonio v. Hotels....

(Wex page)

From Latin, meaning “from the new.” When a court hears a case de novo, it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case. An appellate court hearing a case de novo may refer to...

(LIIBULLETIN preview)

Ethlyn Hall and her son, Samuel, had a falling out due to a disagreement over his free legal work for her. Hall v. Hall, 679 F. App’x 142, 143 (3d Cir. 2017). As a result, Ethlyn stopped speaking to her son. Id. Her health began to deteriorate, and she...

(LIIBULLETIN preview)

In 2007, Damiana Ochoa took maternity leave from her job at McLane Company, Inc. (“McLane”). EEOC v. McLane Co., No. 13-15126, at 4 (9th Cir. Oct. 27, 2015). Upon attempting to return to work, McLane informed Ochoa that she was required to pass the...

(Federal Rules of Appellate Procedure)

(a) Scope of Rules.

(1) These rules govern procedure in the United States courts of appeals.

(2) When these rules provide for filing a motion or other document...

(Federal Rules of Appellate Procedure)

(a) Composition of the Record on Appeal. The following items constitute the record on appeal:

(1) the original papers and exhibits filed in the district court;

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