It's old cliché for an individual involved in a dispute to tell his opponent "I'll appeal this case all the way to the supreme court if I have to!" Of course saying that you are going to take your case to the Supreme Court and actually doing it are far different things. Actually getting the Supreme Court to hear the case is a different question all together.
As a general rule, the losing party in a trial has the right to appeal the trial court's opinion to the regional court of appeals. That process usually involves a notice of appeal, a few rounds of briefs between the parties, and sometimes an oral argument before the court. It’s important to note, no new evidence can be presented on appeal. The job of the appeal lawyer is to show the Appeal Court that the Trial Court made an error of law, either by interpreting the law incorrectly or managing the trial improperly. There is no guarantee that the appeal will be successful, but the law at least requires that the court of appeal hear the case and make a decision.
In most cases, the Supreme Court has no similar obligation. If a party loses its case in the Court of Appeal, it can seek review by the Supreme Court through the filing of a petition for writ of certiorari (commonly referred to as a writ petition). Unlike an appellate brief, a writ petition is not necessarily concerned with convincing the court that the lower court got it wrong as much as it is with convincing the court that it should hear the case.
Because the Supreme Court doesn't have to take appeals it doesn't want, it generally limits its review of cases to those that raise important questions of law or reflect a disagreement on a point of law between separate appellate courts. If you can't convince the Court that your case is worth its time, it won't take it, even if the lower court may have gotten it wrong in some minor way. The vast majority of a cert petition is thus spent in the strange task of proving your case's importance. Arguments on the merits are generally reserved for the merits briefing that will occur if the court decides to take your case. Therefore, it makes sense that you hire Los Angeles appeal attorneys with the experience to write your writ petition. As you shop for appeal lawyers in Los Angeles, ask them about their experience filing writs of certiorari. It could make the difference in whether you can make good on that threat to take your case all the way to the Supreme Court!
About the law firm: Kassouni Law serves appeal clients in all states that fall under the jurisdiction of the Ninth Circuit Court of Appeals. The firm was founded on the principle that the preservation of liberty is the most important political, social, and economic value bestowed by the United States Constitution. This informs all that the appeal lawyers do at Kassouni Law. It is the legal team’s mission to rigorously defend our clients by finding subtle nuances within the law to create forceful arguments in the clients’ favor. You can reach our Sacramento and LA appeal attorneys by calling 877-770-7379. The Appeal lawyers will be happy to assess your case and develop a strategic legal plan of action.
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