The two previous posts explained why a brief’s appearance matters and discussed some typography basics such as ALL CAPS, bold, and italics. This post covers how a brief is organized and compares the South Carolina rule with the federal rule. Continue reading
An earlier post explained that the party taking the appeal is responsible to make sure that the Record on Appeal is complete. The appellate courts will likely affirm the lower court ruling if the Appellant does not give the appellate courts an adequate record to review. Beverly S. v. Kayla R., 395 S.C. 399, 718 S.E.2d 224 (Ct.App. 2011).
This post covers how to prepare the Record. The next one discusses what the Record may and may not include. Continue reading
This post finishes up the discussion on standards of review — how much deference the appellate courts pay to the rulings being appealed. Earlier posts discussed de novo review for questions of law, the any evidence review of factual findings in actions at law, the preponderance review for factual findings in actions in equity, and the abuse of discretion review for most pre-trial and trial rulings.
This post covers appeals from administrative agencies, particularly the Workers Compensation Commission. Continue reading
The posts on standards of review have covered the difference between questions of law and issues of fact, and between actions that are tried at law and in equity. This post explains the standards of review for certain pre-trial and trial rulings. Continue reading