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NALS ANNUAL EDUCATION CONFERENCE OCTOBER 3, 2014 The Appellate Process.
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Transcript of NALS ANNUAL EDUCATION CONFERENCE OCTOBER 3, 2014 The Appellate Process.
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NALS ANNUAL EDUCATION CONFERENCEOCTOBER 3 , 2014
The Appellate Process
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Goal: Error Correction
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Why?
Fairness FinalityNoticeHarmConfidence
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Goal: Uniformity
Rules of decision-makingResolution of conflicts
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Appellate Architecture
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The Circuit Courts of Appeals
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Texas Appellate Districts
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Jurisdiction: the power of the court
Exclusively FederalAdmiraltyAntitrust (Federal)BankruptcyCopyrightFederal CrimesPatentsSuits against the U.S.Immigration
Exclusively StateAnything not
federal
Concurrent:Federal questionsDiversity of citizenship
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Original v. Appellate
Original Jurisdiction:Courts with the authority to hear the case for the first time (the trial courts).
Appellate Jurisdiction:
Authority to review a trial court’s decision (usually after a final judgment).
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The Mechanics
To preserve an error for appeal, the record must show an objection in the trial court that is:
TimelyDefinitiveRuled upon
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Timely
Raise an objection contemporaneously with the error it challenges.
Courts follow the Kung Fu Panda rule:
Yesterday is history, tomorrow is a mystery, today is a gift. That is why it is called the present.”
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Not definitive enough
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Ruled Upon
Must obtain a ruling – either “expressly or implicitly”.
Ask: Was my objection understood? See Phillips v. Bramlett, 288 S.W.3d 876, 883 (Tex. 2009) (objection waived where trial court’s response showed that it didn’t understand the objection and counsel did not attempt to clarify it.).
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Definitive
The objection must be specific enough “to make the trial court aware of the complaint.”
Unless: the grounds for the objection are “apparent from the context.”
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The Record
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Appellate Briefs
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Appellate Briefs
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Oral Argument
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Opinions of the Court
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NALS ANNUAL EDUCATION CONFERENCEOCTOBER 3 , 2014
Thank you.