Law 1901 A Guide to Understanding Judicial Opinions Chapters 1 & 3

Law 1901 A Guide to Understanding Judicial Opinions Chapters 1 & 3

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Law 5801 Law and Ethics in the Business Enterprise James M. Lammendola, Esq. UNDERSTANDING JUDICIAL OPINIONS As you begin to read judicial opinions (also referred to as “cases” or “opinions”) a word about how to more quickly and efficiently understand them is in order. All of the state court cases and all but one of federal cases you will read are appellate court decisions. An appellate court examines errors of law that an attorney alleges were made by the trial court judge . I will now try to explain that statement in standard English. CIVIL APPEALS The loser at the trial court level (appellant) will sometimes have the money and the motivation to endure the “appellate process”. The loser at trial must first bring any errors of law to the attention of the trial judge. If an “error” is not remedied it will serve as an issue that the appeals court must address. It is important to note that, subject to rare exceptions, only errors of law are reviewed by appellate judges. The appellant will ask the court to either
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This note was uploaded on 03/30/2011 for the course BLAW 1901 taught by Professor Lamendola during the Spring '11 term at Temple.

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Law 1901 A Guide to Understanding Judicial Opinions Chapters 1 & 3

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