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OnDemand Course

Appealing Standards: Determining the Applicable Standard of Review

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.

86 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 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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Why Lorman?

Over 35 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 22, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
     
  • NY CLE 1.5 including Skills 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE 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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Why Lorman?

Over 35 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.

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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Why Lorman?

Over 35 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
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  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406569
Published 2020
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