Full question:
I am working on perfecting an appeal to the New York State Supreme Court Appellate Division, 2nd Judicial Department.As per the Rules Of Procedure-22NYCRR-Part 670 and CPLR for perfecting appeals, it is my understanding that the brief consists of a cover, the statement required by CPLR 5531, a table of contents, a concise statement of the questions involved, a concise statement of the nature of the action and of the facts which should be known to determine the questions involved and the appellant's argument. Question: What do they mean by a concise statement of the questions involved? What questions? Whom asked these questions? In our litigation to date, we had my ex-wife's Motion-Order to Show Cause, my affidavit in opposition and her reply affidavit in support. These were not presented in the form of questions? Am I to take the primary points from these documents and pose them in the form of questions and answers within my appeal-brief? Please let me know. Thanks.
- Category: Criminal
- Subcategory: Appeals
- Date:
- State: New York
Answer:
Arguments upon appeal are made mainly through written briefs, which present the issues to be decided (questions) on appeal and cite the legal authorities and arguments in support of each party's position. In reviewing errors of the lower court, the errors focused on are of a legal nature, appellate courts will usually not disturb factual findings. A legal issue or issue of law is a legal question which is the foundation of a case. It requires a court’s decision. It can also refer to a point on which the evidence is undisputed, the outcome of which depends on the court's interpretation of the law.
For example, in a traffic case, the question of whether the defendant was speeding would be a question of fact. Whether the speeding regulation applied to the parking lot in which the citation was issued would be a question of law. In a further example, if an employee claims discrimination based on termination for alcoholism, the reason for termination would be a question of fact. Whether alcoholism is covered as a disablilty protected by laws preventing employer discrimination based on disabilities would be a question of law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
