Argument on appeal refers to the presentation of a case before an appellate court, wherein the parties involved present their arguments and legal positions in relation to a prior trial or decision. It serves as a means for the appellant, who is challenging the lower court's ruling, and the appellee, who is seeking to uphold the ruling, to present their respective positions to the appellate court and persuade the judges to rule in their favor.
During the argument on appeal, attorneys representing each party typically have a designated amount of time to present their arguments orally, highlighting the errors or legal issues that they believe occurred during the lower court proceedings. These arguments are constructed based on legal precedents, statutes, and the relevant facts of the case. The goal is to convince the appellate court that the lower court made an incorrect decision or committed a legal error that warrants reversal, modification, or remand of the case.
The argument on appeal consists of a structured and organized presentation, wherein attorneys may also address questions posed by the appellate judges to clarify aspects of their arguments. The attorneys need to effectively outline the legal principles, create persuasive logical reasoning, and anticipate counterarguments from the opposing side.
The appellate judges consider the arguments on appeal, along with the submitted written briefs and the lower court record, to make an informed decision. The court may either affirm or reverse the lower court's decision, issue a remand for further proceedings, or modify the lower court's ruling based on the merits of the arguments presented.
