One of the principles that defines the fundamental fairness of the American constitutional legal system is the right to appeal the ruling of the trial court, both in the state and the federal courts. One often hears that somebody plans to appeal a case “to the highest court in the country.” That may be the plan, but ordinarily one is limited to a single appeal as a matter of right. When one does not have that right of appeal in a particular court, the court generally chooses to hear those cases that it considers the most interesting as questions of law. This approach stems from the fact that much law in the United States is common law, or law made through the decisions of judges. Court use appeals to decide unanswered questions of law or resolve conflicting interpretations of the law in lower courts. The reason our legal system uses such an approach is to provide a legal framework for applying the law in the most uniform manner possible.
The practice of appellate law is quite different from practice in the trial courts. Appeals demand excellent writing and oral argument skills. Appeals are based on written briefs submitted to the court, sometimes followed by very short—fifteen minutes or less per side—oral arguments.
Call us today at 407-822-4222 for a free consultation to discuss your appeal. We can also be reached via email.