Martineau Solimine, Sinclair and Holland's Cases and Materials on Appellate Practice and Procedure, 2d (American Casebook Series®)

Chapter

• Preface
• Acknowledgments
• Introduction
• Table of Cases

1. The Nature and Function of Appellate Courts
   1. Why Appellate Review
   2. The Functions of Appellate Review
   3. The Relationship Between Structure and Function
   4. The Crisis of Volume
2. Preserving Issues for Appeal
   1. General Rule
   2. Application to Specific Steps in the Litigation Process
   3. Exceptions
   4. Sua Sponte Consideration
3. Appealability
   1. The Final Judgment Rule
   2. Exceptions
   3. State Systems
   4. Proposed Alternatives
4. Parties
   1. Who Can Appeal
   2. Effect of Appeal on Other Parties
5. Initiating and Perfecting an Appeal
   1. The Notice of Appeal
   2. Timeliness
   3. Service
   4. Cross Appeals
   5. Perfecting the Appeal
6. Relief Pending Appeal
   1. The Appeal Bond
   2. Jurisdiction of the Trial Court
   3. Standards for Relief
7. The Record on Appeal
   1. The Purpose of the Record on Appeal
   2. Content of Record
   3. Modification or Correction of the Record
   4. Transcript of Testimony
   5. The Problem of Delay
8. The Brief and Appendix
   1. The Importance of the Brief
   2. The Formal Requirements
   3. Effect on Non-Compliance With Rules
   4. Standard of Review
   5. Effective Brief Writing
   6. The Appendix
9. Oral Argument
   1. The Role of Oral Argument in the Appellate Process
   2. The Necessity for Oral Argument
   3. Effective Oral Argument
10. Internal Operating Procedures
    1. Importance for Appellate Attorney
    2. Time Limitations and Control of the Appellate Process
    3. Prehearing or Summary Disposition
    4. Voluntary Disposition
    5. Disposition After Submission on Briefs or Oral Agreement
    6. Professional Staff and Screening
11. Opinions and Mandates
    1. The Functions of a Written Opinion
    2. The Necessity for a Written Opinion
    3. Measuring the Quality of a Judicial Opinion
    4. Publication and Citation of Opinions
    5. Judgment and Mandate
12. Supervisory Jurisdiction

• INDEX