http://library.findlaw.com/2004/Apr/27/133397.html
(snip) Misanalyzing the Appeal Emotionally charged litigants usually have one focus, curing the "injustice" of losing the case. It is easy to forget, however, that parties are entitled only to a fair trial, not a perfect one. A good appellate lawyer recognizes that appellate review is structured and constrained, resting on four "pillars of affirmance" that can tip the appellate scales against a reversal: Preservation of error (the trial judge should not be reversed unless he or she was given a chance to correct the alleged error) Standard of review (the appellate court generally defers to the lower court and the jury, especially on fact issues) The "harmless error" rule (the principle that not every error warrants a reversal) Stare decisis (the principle that precedent should govern) These pillars were created to avoid hasty or unwarranted reversals and, thus, are intended to be formidable. An emotionally charged appeal has little chance of moving them. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Discover CFTicket - The leading ColdFusion Help Desk and Trouble Ticket application http://www.houseoffusion.com/banners/view.cfm?bannerid=48 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:152172 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
