An appeal is a request for a higher court to review a lower court’s decision. The appeals court reviews the record made in the trial court. Nothing new can be added to the record; and the court will not consider new facts or evidence. I present the facts and law, as it appears in the official record(s) to the reviewing court in a legal brief. The appeals court decides whether to affirm or to reverse the trial court’s decision based upon the written briefs.
When I represent the person who is appealing, the “appellant”, I tell the reviewing court what errors trial court made and ask it to reverse the decision. When I represent the person defending the trial court’s decision, the appellee, I explain why the court ruled correctly, and ask it to maintain the decision.
A “writ” is much like an appeal. It is an order issued by the reviewing court to an inferior tribunal ordering it to do something that the reviewing court thinks that it is required to do or forbidding it from doing something it is not permitted to do.
A writ differs from an appeal in that a writ is reviewed before the entire lawsuit has been concluded with a final judgment, and therefore becomes appealable.
A Strategic Lawsuit against Public Participation or “SLAPP” are civil complaints or counterclaims in which the alleged injury was the result of an individual exercising their first amendment rights on a public issue. Typically, SLAPPs are based on ordinary civil tort claims such as defamation (libel or slander), malicious prosecution, abuse of power, conspiracy, and interference with prospective economic advantage.
California provides an avenue for Defendant’s to remedy this type of motion, called an Anti-SLAPP motion, which allows for quick disposal of these types of lawsuits, by disposing of the case at its outset.
Law and Motion
I consult with and assist clients and outside trial counsel in pre-trial and trial matters, such as the preparation of dispositive motions, trial motions, and post-trial motions. Effective Law and Motion requires the expertise and efficiency to the performance of sophisticated research and writing, which I aim to provide all my clients.
The effective use of these motions can be critical to early and favorable resolution of cases, and save both time and money for attorneys and clients.
Latin for “friend of the court.”, Amicus Curiae briefs are person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision. These briefs are written in the same manner as appellate briefs, and require the same expertise in order to ensure that client’s interests are protected.