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| Authored by: Anonymous on Wednesday, January 30 2013 @ 12:00 PM EST |
No. An appeal is not a thorough review of the case.
In an appeal, a party will appeal the specific issue it
thinks are "appealable". The other party may appeal other
issues as well at the same time (known as a cross-appeal).
The appellate court will not normally comb through the
record looking for other issues (although every now and then
the appellate court may do an independent review of an
issue, such as subject matter jurisdiction). The reason for
this is simple- the appellate court only wants to have the
issues before it that are thoroughly briefed by the parties.
For this reason, you will not see "kitchen sink" litigation.
Appellate briefs (let alone oral arguments, if any) are
strictly limited, so only the strongest ones will be
presented. It helps to focus the minds of the litigants on
what really matters.
The words from the appellate court are likely to be AFFIRMED
(upholding Koh) or VACATED AND REMANDED (which could vary
depending on why they're remanding, but it's usually good
news for the appellant).[ Reply to This | Parent | # ]
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