To put it simply, appellate law is law pertaining to the appeal of a court’s or judicial decision on a legal case. Essentially, it is a set of policies and procedures that need to be followed by the losing party when presenting their appeals to a higher court.
In regards to civil litigation, when appeals occur, the lawyer is in charge of advocating a case in court higher than just a trial court. Their goal is to correct errors that may have been made by a trial court judge, change the law by persuading trial court decisions or persuading and altering the interpretation of statutory law.
These different outcomes are made possible through the work behind the scenes. This includes reviewing and researching trail records and any important documents along with the case. Also, the lawyer is responsible for writing persuasive appellate arguments. Lastly, and arguably the most important role, the lawyer must represent their client in a higher court.
Appeals, Moving forward if you are confident
In every trial and court decision, there will be a losing party. It goes without saying that the losing party will be upset after the final decision. However, they cannot just appeal as an emotional response. Their appeals has to be well-reasoned and supported.
Money, time and emotional attachment are all byproducts of a legal case. However, this can not be the sole influence behind wanting to seek an appeal. Appeals have to be based on errors in the court, the judge or a misconception of law. Without a supporting base for appeals, they can be baseless and disregarded.
If you are the losing party of a court case, and you think that your case could have been handled differently, or you were served an unjust decision, then you have reason to appeal. Setting up an appointment with an appellate lawyer to discuss the decision in your case can be your safest bet before moving forward. Arranging a meeting can help clarify any misconceptions in a case, and determine whether an appeal is the next logical step.
Things to keep in mind when discussing Appeals
Ultimately, you don’t want your emotions to get the best of you before seeking out an appellate law. Emotional and financial investment in your case can make that a difficult process, but it is best to take a step back from your case and look at it from outside your emotions.
In appellate law, a lawyer allows you to see your case from a different perspective. If they believe an appeal is possible, then they can help you move forward and show you the necessary steps. This involves their consultation and review of trial records, forming and documenting persuasive briefs and representing you and your case to a higher court. Their representation can help set the record straight.
A civil litigation lawyer at Hummingbird Lawyers can stand up for you if your case can be appealed. If you are sure that you can appeal your case, contact Hummingbird Lawyers LLP today to arrange a meeting to figure out your next steps.
My lawyer tells me an appeal has to be filed within 30 days of today’s hearing and court order,
however, he is not willing to represent me in an appeal. I have read an appeal must be filed within 60 days of the hearing and order? Would you please clarify this for me?
Thank-you.
The reason I need to know how long is the deadline for filing an appeal is because, upon reviewing legitimate reasons for appeal, I adamantly believe that mine would be justified.
How can I determine if my appeal is justified; who can consult with me and will this take long should an appeal be necessary, i.e. within the 30 (or 60?) days?
Thank you for your consideration and I look forward to your response.
Thanks for your comment, Debbie.
To get the best answer, it would be best to fill out the form at the bottom of the civil litigation page to get in touch with our litigation lawyers directly or give them a call (905.731.1911).
My appeal to the court would be to issue a court order to the bank:
1. Discharge the mortgage from the equity of refemption or equity value resulting from leveraging the Note value.
2. Hold the property in trust for our residential use free and clear and protect it from any 3rd party claims.
3. Deposit the balance of the equity of redemption in trust for our personal use using debit cards issued by the bank.
END
PS One could rationalize that if the above results in a legal precedent, then millions would come out and make such claims. My response: Rightfully so as billions/trillions have been made by the banking system in the leveraging derivative market using the mortgagors’ biological real estate value and accumulating millions in the heritage accounts of MORTGAGORS. In the case of Vinod Raja, the account in the name of VINOD RAJA has millions being drawn by the bank upon my valuable signature on the Note.
Is a Hummingbird lawyer brave enough to fight a case in Chancery or a court of equity or a Federal court? Is a trial judge brave enough to confer a just and equitable verdict vs a legal verdict?
Hi Vinod.
I recommend contacting our litigation lawyers to discuss this.
Alternately, you are welcome to give us a call: 905-731-1911.