Family Law Appeals

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Family Law Appeals Persons who have taken part in a Family Law trial, and have been issued a court decision that they feel is unfounded, have the legal right to an appeal. The appeals process for Family Law is similar to that of other branches of law. The person making the appeal, known as the appellant, will seek to have a decision overruled or overturned. The alternate party in the case, becomes the respondent to the appeal. Adequate Reasons for an Appeal A successful appeal is only possible if it has been deemed that the original court findings contained legal errors or mistakes. Of the two forms of legal errors that are most common, prejudicial error happens the most often. In the case of prejudicial error, the appellant must be able to prove that the judge was misinformed about a law, the judge did not give proper instruction to the jury, or the previous attorneys acted in an unprofessional manner, proving misconduct. If prejudicial error was not the act that…show more content…
These guidelines, or standards of review, are utilized throughout the United States. The Abuse of Discretion Standard, which is only applicable if the original trial's decision involved a discretionary judgment, this guideline will be utilized to construct and enforce an appeal. An example of a court's discretion could include the evidence that a judge allowed into the trial, or the evidence that was excluded based upon the judge's disctretion. If you as the appellant believe that there was a lack of satisfactory evidence in the original trial, then the Substantial Evidence Standard would be the guideline followed by the appellant court. Through this process, the court will dissect the data and evidence supplied initially, and determine if further evidence would have been necessary to reach the same

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