Learn the standards of an appeal and how to file one effectively.
This topic will explore the requirements for perfecting an appeal in a civil lawsuit. The material will address the standards applied when an appeal challenges the factual findings of the lower court and when the appeal challenges legal rulings of the lower court. This information will assist lawyers in civil litigation to better understand how appeals are filed and how to frame the issues to be considered by an appellate court.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Perfecting the Appeal
- The Final Judgment Doctrine
- Interlocutory Appeals
- Entering Judgment on Less on All Claims
- Appeal as of Right Versus Discretionary Review
- Filing a Timely Appeal
- Mooting of the Appeal
De Novo Review
- What De Novo Review Means
- Review of Legal Issues
- Motion to Dismiss/Motion for Summary Judgment/Demurrer
- Evidentiary Ruling on Hearsay Objections
Clearly Erroneous Standard
- Defining Clearly Erroneous
- Sufficiency of Evidence to Uphold Ruling
- Sufficiency of Evidence to Uphold Findings of Fact
Abuse of Discretion
- Nonhearsay Evidentiary Rulings
- Admission of Expert Testimony
- Attorney Fees Awards
Federal Agency Decisions
- Limited Review
- Arbitrary, Capricious Were Supported by Substantial Evidence
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 22, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Ronald S. Canter, Esq.
The Law Offices of Ronald S. Canter, LLC
- Founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, Maryland and has been engaged in the private practice of law since 1980
- Recognized authority on creditors' rights and the regulation of collection practices
- Represented creditors, attorneys and collection agencies in complex litigation in both federal and state courts
- Successfully prosecuted appeals before state and federal courts on a number of significant issues affecting the credit and collection industry
- Appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first fair debt collection practices case to reach the Supreme Court
- Well known speaker on creditors' rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations; has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues
- Published articles in law reviews and trade publications on creditors' rights issues; was an adjunct professor at the University of Baltimore School of Law and a lecturer on business law at the Robert H. Smith School of Business at the University of Maryland
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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- OnDemand Courses
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- White Papers and Articles
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- State Specific Credit Tracker
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