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CA Appellate Specialist practice questions

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Question 1Appellate Practice and Procedure

Under the California Rules of Court, what is the ordinary deadline for filing a notice of appeal in a civil case after entry of judgment?

  1. 60 days after the clerk mails or a party serves notice of entry of judgment Correct answer.
  2. 30 days after the judgment is entered
  3. 20 days after the clerk mails notice of entry
  4. 90 days after the judgment is entered

Explanation

The general civil rule is that a notice of appeal must be filed within 60 days after the superior court clerk mails or a party serves a document entitled notice of entry of judgment, or a filed-endorsed copy of the judgment showing the date of mailing. The deadline is jurisdictional and cannot be extended by the parties or the court.

Question 2Appellate Practice and Procedure

In a limited civil case, what is the normal time to file a notice of appeal after notice of entry of judgment?

  1. 75 days
  2. 45 days
  3. 60 days
  4. 30 days Correct answer.

Explanation

Limited civil appeals follow a shortened timetable: the notice of appeal is generally due within 30 days after the clerk mails or a party serves notice of entry of judgment. This reflects the streamlined appellate treatment of limited civil matters.

Question 3Appellate Practice and Procedure

A judgment was entered on March 1. The clerk mailed a notice of entry of judgment on March 5. No party served a separate notice. Counting from the mailing date, which date is the last day to file a timely notice of appeal in an unlimited civil case?

  1. April 30
  2. April 4
  3. June 3
  4. May 4 Correct answer.

Explanation

The 60-day clock starts when the clerk mails notice of entry, so it runs from March 5. Sixty days after March 5 is May 4, which is the final day absent an extension for a timely motion.

Question 4Appellate Practice and Procedure

Which order is ordinarily appealable without any further action by the trial court?

  1. An order granting a new trial Correct answer.
  2. An order overruling a demurrer
  3. An order denying a motion to compel arbitration
  4. An order sustaining a demurrer with leave to amend

Explanation

An order granting a new trial is expressly appealable by statute. By contrast, most interim rulings, including demurrer rulings and discovery orders, are reviewable only after a final judgment.

Question 5Appellate Practice and Procedure

What is the effect of a party filing a timely motion for new trial on the time to appeal?

  1. It automatically stays the judgment indefinitely
  2. It has no effect on the appeal deadline
  3. It shortens the appeal period to 30 days
  4. It extends the time to appeal, which runs from the order denying the motion or its denial by operation of law Correct answer.

Explanation

A timely new trial motion extends the appeal period. The notice of appeal then becomes due within the extended period measured from the order denying the motion or from denial by operation of law.

Question 6Appellate Practice and Procedure

A party wishes to challenge a trial court ruling in the Court of Appeal. What document initiates the appeal?

  1. A petition for writ of mandate
  2. A motion to vacate judgment
  3. A notice of appeal Correct answer.
  4. A notice of intention to move for new trial

Explanation

An appeal is commenced by filing a timely notice of appeal in the superior court. The notice of appeal is the jurisdictional document that confers power on the Court of Appeal.

Question 7Appellate Practice and Procedure

Where must a notice of appeal be filed?

  1. In the California Supreme Court clerk's office
  2. With the Judicial Council
  3. In the superior court that rendered the judgment Correct answer.
  4. In the Court of Appeal clerk's office

Explanation

The notice of appeal is filed in the superior court, not in the reviewing court. The superior court clerk then transmits the record and the notice to the Court of Appeal.

Question 8Appellate Practice and Procedure

In a civil appeal, who ordinarily bears the cost of preparing the record on appeal?

  1. The respondent, who must supply the record
  2. The appellant, who must arrange and pay for the record Correct answer.
  3. The Court of Appeal, which funds record preparation
  4. The clerk, who provides the record free of charge

Explanation

The appellant bears the burden and expense of producing an adequate record for review. Without an adequate record, the reviewing court presumes the judgment correct.

Question 9Appellate Practice and Procedure

What is the primary function of an appellant's opening brief?

  1. To request oral argument
  2. To lodge the trial exhibits
  3. To present legal argument and citations showing reversible error Correct answer.
  4. To summarize the respondent's arguments

Explanation

The opening brief must state the facts, the legal issues, and argument with citations to the record and authority. Its purpose is to persuade the reviewing court that reversible error occurred.

Question 10Appellate Practice and Procedure

Under the California Rules of Court, what must an appellant's opening brief contain regarding the record?

  1. A complete transcript attached as an appendix
  2. A summary of every document filed below
  3. A statement of facts with citations to the record Correct answer.
  4. Only a general statement that error occurred

Explanation

The brief must include a statement of facts supported by citations to the record. This requirement allows the reviewing court to verify the factual basis for each claim of error.

Question 11Appellate Practice and Procedure

What standard of review applies to a trial court's resolution of a pure question of law?

  1. De novo Correct answer.
  2. Clear and convincing evidence
  3. Substantial evidence
  4. Abuse of discretion

Explanation

Questions of law are reviewed independently, without deference to the trial court. The reviewing court applies a de novo standard.

Question 12Appellate Practice and Procedure

What standard generally governs review of a trial court's discretionary ruling, such as a discovery order?

  1. Substantial evidence
  2. Harmless error
  3. Abuse of discretion Correct answer.
  4. De novo

Explanation

Discretionary rulings are reviewed for abuse of discretion, meaning the court exceeded the bounds of reason. The reviewing court does not substitute its own judgment for the trial court's.

Question 13Appellate Practice and Procedure

What is the substantial evidence standard of review?

  1. Whether the evidence is clear and convincing
  2. Whether any rational trier of fact could find as the trial court did Correct answer.
  3. Whether the reviewing court would have decided the case differently
  4. Whether the evidence is more likely true than not

Explanation

Substantial evidence review asks whether the record contains evidence of ponderable legal significance that a reasonable trier of fact could rely on. The reviewing court resolves conflicts in favor of the judgment.

Question 14Appellate Practice and Procedure

Under the California Constitution, when may a Court of Appeal reverse a judgment?

  1. Only if the error resulted in a miscarriage of justice Correct answer.
  2. Whenever any error appears in the record
  3. Only if the error was constitutional
  4. Whenever the appellant requests reversal

Explanation

The California Constitution bars reversal unless the error resulted in a miscarriage of justice. This incorporates the harmless error doctrine into appellate review.

Question 15Appellate Practice and Procedure

Which error standard applies to the erroneous admission of evidence over objection in a civil case?

  1. Reversal is automatic
  2. The error requires a new trial regardless of prejudice
  3. The error is always deemed harmless
  4. The error is reviewed under the miscarriage of justice standard Correct answer.

Explanation

Evidentiary error in a civil case is measured against the miscarriage of justice standard, which parallels harmless error. The appellant must show a reasonable probability of a different result.

Question 16Appellate Practice and Procedure

What is the purpose of a petition for rehearing in the Court of Appeal?

  1. To transfer the case to the Supreme Court
  2. To enforce the judgment
  3. To seek reconsideration of the appellate decision based on an overlooked point of law or fact Correct answer.
  4. To obtain a new trial in the superior court

Explanation

A rehearing petition asks the Court of Appeal to reconsider its decision, typically based on a point of law or fact the court overlooked. It is not a substitute for Supreme Court review.

Question 17Appellate Practice and Procedure

What is the time limit for filing a petition for rehearing in the Court of Appeal after the decision is filed?

  1. 10 days
  2. 15 days Correct answer.
  3. 30 days
  4. 45 days

Explanation

A petition for rehearing must be filed within 15 days after the decision is filed. This short window reflects the finality interests of the appellate process.

Question 18Appellate Practice and Procedure

How does a party typically seek review by the California Supreme Court after a Court of Appeal decision?

  1. By filing a motion to vacate
  2. By filing a petition for review Correct answer.
  3. By filing a petition for writ of habeas corpus
  4. By filing a notice of appeal

Explanation

Supreme Court review of a Court of Appeal decision is sought by a petition for review. The Supreme Court has discretion to grant or deny the petition.

Question 19Appellate Practice and Procedure

What is the time to file a petition for review in the California Supreme Court after a Court of Appeal decision?

  1. 30 days
  2. 60 days
  3. 15 days
  4. 10 days Correct answer.

Explanation

A petition for review must generally be filed within 10 days after the Court of Appeal decision becomes final. The period is short to promote finality.

Question 20Appellate Practice and Procedure

What is a writ of mandate used for in the appellate context?

  1. To compel a public official or lower court to perform a legal duty Correct answer.
  2. To obtain a new trial
  3. To appeal a final judgment
  4. To enforce a money judgment

Explanation

A writ of mandate may be sought to compel a lower court or official to perform a clear legal duty. It is an extraordinary remedy, not a substitute for appeal.

Question 21Appellate Practice and Procedure

When may a party seek a writ of supersedeas?

  1. To disqualify a judge
  2. To stay enforcement of a judgment pending appeal Correct answer.
  3. To compel discovery
  4. To obtain attorney fees

Explanation

A writ of supersedeas asks the reviewing court to stay enforcement of a judgment while an appeal is pending. It protects the appellant from mootness or irreparable harm.

Question 22Appellate Practice and Procedure

What is the consequence of failing to file a timely notice of appeal?

  1. The judgment is automatically reversed
  2. The matter is transferred to the Supreme Court
  3. The appeal is dismissed for lack of jurisdiction Correct answer.
  4. The Court of Appeal may extend the deadline upon request

Explanation

The timely filing of a notice of appeal is jurisdictional. If the notice is untimely, the Court of Appeal lacks jurisdiction and must dismiss the appeal.

Question 23Appellate Practice and Procedure

What does the doctrine of invited error provide in appellate practice?

  1. Only the respondent may raise error
  2. Error is presumed prejudicial
  3. The Court of Appeal must reverse any error
  4. A party may complain of error it induced or invited Correct answer.

Explanation

Under invited error, a party cannot complain of an error it caused or invited in the trial court. This doctrine prevents a party from gaining an advantage from its own conduct.

Question 24Appellate Practice and Procedure

What is required for an appellant to preserve an issue for appellate review?

  1. The issue must be raised in the reply brief
  2. The issue must have been raised in the trial court and ruled upon Correct answer.
  3. The issue must be raised for the first time on appeal
  4. The issue must be raised in a petition for rehearing

Explanation

As a general rule, an appellant must raise an issue in the trial court and obtain a ruling to preserve it for appeal. This gives the trial court an opportunity to correct the error.

Question 25Appellate Practice and Procedure

What is the purpose of a statement of decision in a bench trial?

  1. To compel settlement
  2. To replace the judgment
  3. To initiate an appeal
  4. To explain the factual and legal basis for the court's decision Correct answer.

Explanation

A statement of decision explains the factual and legal basis for the trial court's ruling. It aids appellate review by revealing the court's reasoning.

Question 26Appellate Practice and Procedure

In a California civil appeal, what is the general rule about the scope of appellate review when the appellant challenges a factual finding made after a bench trial?

  1. The Court of Appeal reviews the finding for substantial evidence in the light most favorable to the respondent. Correct answer.
  2. The Court of Appeal conducts a de novo review of the entire record and makes independent findings.
  3. The Court of Appeal reviews the finding for abuse of discretion, treating the trial judge as a factfinder of last resort.
  4. The Court of Appeal presumes the finding is correct only if the respondent filed a cross-appeal.

Explanation

When a party challenges factual findings after a bench trial, the Court of Appeal applies the substantial evidence standard and resolves all conflicts in the evidence and reasonable inferences in favor of the prevailing party. The court does not reweigh evidence or make independent factual findings. This deference reflects the trial court's superior ability to observe witnesses and assess credibility.

Question 27Appellate Practice and Procedure

An appellant in a civil case believes the trial court's judgment is not supported by the evidence. Which assignment of error most directly frames that challenge on appeal?

  1. The evidence is insufficient as a matter of law to support the judgment. Correct answer.
  2. The judgment is contrary to the law because the judge misread the pleadings.
  3. The trial court committed prejudicial error by overruling a demurrer.
  4. The trial court erred in denying a motion for change of venue.

Explanation

A challenge that the judgment lacks evidentiary support is framed as a sufficiency-of-the-evidence claim, asking whether substantial evidence supports the findings. This is distinct from legal error in applying rules to undisputed facts. The framing determines the standard of review the Court of Appeal will apply.

Question 28Appellate Practice and Procedure

Which filing generally triggers the appellate jurisdiction of the Court of Appeal over a civil judgment?

  1. Payment of the appellate filing fee
  2. Entry of judgment followed by a timely notice of appeal Correct answer.
  3. Service of a notice of intention to move for new trial
  4. Filing of a memorandum of costs after judgment

Explanation

Appellate jurisdiction is invoked by filing a timely notice of appeal after entry of judgment; the notice of appeal is the jurisdictional document. Without a timely notice of appeal, the Court of Appeal has no power to review the judgment. Other post-judgment filings do not substitute for the notice of appeal.

Question 29Appellate Practice and Procedure

An appellant's opening brief in the Court of Appeal must include which of the following components?

  1. A verbatim transcript of all testimony
  2. A list of all exhibits admitted at trial
  3. A proposed statement of decision
  4. A statement of the case and a statement of appealability Correct answer.

Explanation

Under the California Rules of Court, an appellant's opening brief must contain a statement of the case, a statement of appealability explaining why the order or judgment is appealable, and a statement of facts supported by record citations. It must also include legal argument with citation to authority. A full transcript is not embedded in the brief.

Question 30Appellate Practice and Procedure

In a civil appeal, how does the Court of Appeal typically treat a factual assertion in an appellate brief that lacks any citation to the record?

  1. It orders the superior court to supplement the record.
  2. It accepts the assertion as true if the brief is verified.
  3. It automatically reverses the judgment on that point.
  4. It may disregard the assertion or treat it as unsupported. Correct answer.

Explanation

California Rules of Court require factual statements in briefs to be supported by citations to the record. An assertion without a record citation may be disregarded or treated as unsupported, which can weaken or forfeit the argument. The court is not obligated to search the record independently to find support.

Question 31Appellate Practice and Procedure

A respondent who did not file a cross-appeal may generally raise which type of argument in the Court of Appeal?

  1. An argument that the judgment should be affirmed on an alternative legal ground Correct answer.
  2. A new claim for relief never presented to the trial court
  3. A challenge to a ruling that was favorable to the respondent
  4. A request to modify the judgment to increase the damages award

Explanation

A respondent who did not cross-appeal may defend the judgment on any ground supported by the record, including an alternative legal theory not relied on by the trial court. This is because the respondent seeks affirmance, not modification. Seeking a more favorable judgment requires a cross-appeal.

Question 32Appellate Practice and Procedure

In the Court of Appeal, what is the effect of a party's failure to raise an objection in the trial court to an alleged procedural irregularity?

  1. The Court of Appeal must remand for a new trial.
  2. The issue converts into a question of subject matter jurisdiction.
  3. The issue is generally forfeited on appeal. Correct answer.
  4. The issue is automatically preserved for appeal.

Explanation

The general rule is that a party must raise an objection in the trial court to preserve an issue for appellate review; failing to do so ordinarily forfeits the claim. The purpose is to give the trial court an opportunity to correct the error. Certain jurisdictional or constitutional claims may be exceptions.

Question 33Appellate Practice and Procedure

A notice of appeal in a limited civil case is filed in which court?

  1. The superior court that entered the judgment Correct answer.
  2. The Court of Appeal for the district where the case arose
  3. The appellate division of the superior court
  4. The California Supreme Court

Explanation

In a limited civil case, the notice of appeal is filed in the superior court that entered the judgment, and the appeal is heard by the appellate division of the superior court. Filing in the superior court ensures the record is transmitted properly. The Court of Appeal does not directly hear limited civil appeals.

Question 34Appellate Practice and Procedure

An appellant seeks review of an order that is not listed as appealable and is not a final judgment. What is the usual procedural vehicle for obtaining immediate review?

  1. A petition for writ of mandate or prohibition Correct answer.
  2. A petition for rehearing in the Court of Appeal
  3. A notice of appeal from the order
  4. A motion to vacate the order in the trial court

Explanation

When an order is not appealable, a party may seek extraordinary relief by petition for writ of mandate or prohibition in the Court of Appeal. Writ review is discretionary and generally requires a showing that the petitioner lacks an adequate remedy at law. A notice of appeal from a nonappealable order will be dismissed.

Question 35Appellate Practice and Procedure

In a civil appeal, which document is the appellant generally required to designate or provide so the Court of Appeal can review the trial court proceedings?

  1. A reporter's transcript or an agreed or settled statement Correct answer.
  2. The clerk's minute orders alone
  3. The register of actions only
  4. The pleadings without any exhibits

Explanation

The appellant must provide an adequate record for review, typically through a reporter's transcript, an agreed statement, or a settled statement, along with the clerk's transcript. The record must include the proceedings necessary to resolve the issues raised. An incomplete record is construed against the appellant.

Question 36Appellate Practice and Procedure

An appellant contends the trial court erred in excluding expert testimony. Which showing is most important to obtain reversal on appeal?

  1. That the expert had previously testified in other cases
  2. That the expert was retained early in the litigation
  3. That the exclusion was prejudicial and resulted in a miscarriage of justice Correct answer.
  4. That the opposing party also called an expert

Explanation

Even if the trial court erred, the Court of Appeal will reverse only if the error was prejudicial and resulted in a miscarriage of justice under the California Constitution. The appellant bears the burden of demonstrating prejudice. Harmless error does not warrant reversal.

Question 37Appellate Practice and Procedure

A party argues on appeal that the trial court applied the wrong legal test to undisputed facts. What standard of review will the Court of Appeal apply?

  1. Abuse of discretion
  2. Clear and convincing evidence
  3. Substantial evidence
  4. De novo Correct answer.

Explanation

When the facts are undisputed and the issue concerns which legal rule applies, the Court of Appeal reviews the question of law de novo. The appellate court is not bound by the trial court's legal conclusions. This independent review ensures uniform application of law.

Question 38Appellate Practice and Procedure

What is the primary consequence of an appellate court determining that an error was invited by the appellant?

  1. The case is remanded for a new trial.
  2. The error is automatically deemed structural.
  3. The appellant may not complain of the error on appeal. Correct answer.
  4. The error is reviewed under a stricter standard.

Explanation

Under the doctrine of invited error, a party may not complain on appeal of an error that the party induced or invited, even if the error would otherwise be reversible. The rationale is that a party should not benefit from its own conduct. The doctrine bars the claim rather than changing the standard of review.

Question 39Appellate Practice and Procedure

An appellant contends the trial court's denial of a new trial motion was error. What standard generally governs review of that denial?

  1. Substantial evidence review of the verdict only
  2. De novo review of the evidence
  3. Independent judgment review of all facts
  4. Abuse of discretion Correct answer.

Explanation

The Court of Appeal reviews an order denying a new trial for abuse of discretion, considering whether the trial court's ruling exceeded the bounds of reason. The appellate court does not reweigh the evidence as if it were the trial judge. A showing of prejudice is still required for reversal.

Question 40Appellate Practice and Procedure

In an appeal from a judgment after a jury trial, the appellant argues the evidence does not support the verdict. How does the Court of Appeal approach that claim?

  1. It presumes the verdict is invalid unless the respondent proves otherwise.
  2. It reweighs the evidence and substitutes its own verdict.
  3. It asks whether substantial evidence supports the verdict, resolving conflicts in favor of the prevailing party. Correct answer.
  4. It reviews the verdict for abuse of discretion.

Explanation

For a jury verdict challenged as unsupported by the evidence, the Court of Appeal applies the substantial evidence standard, viewing the record in the light most favorable to the prevailing party. Conflicts in the evidence and credibility determinations are resolved in favor of the verdict. Reversal is warranted only if no substantial evidence supports the judgment.

Question 41Appellate Practice and Procedure

What is the general effect of a party's voluntary payment or satisfaction of a judgment on the party's right to appeal?

  1. It may preclude appeal as moot unless the payment was compelled or the party reserved the right to appeal. Correct answer.
  2. It automatically preserves the right to appeal.
  3. It converts the appeal into a writ proceeding.
  4. It requires the Court of Appeal to dismiss the appeal with prejudice in all cases.

Explanation

Voluntary satisfaction of a judgment can render an appeal moot and preclude the appellant from challenging the judgment, because the appellant has accepted its benefits. However, payment made under compulsion or with an express reservation of the right to appeal may preserve appellate rights. Courts examine whether the acceptance was truly voluntary.

Question 42Appellate Practice and Procedure

An appellant fails to serve the respondent with a copy of the notice of appeal, though the notice is timely filed with the clerk. What is the most likely consequence?

  1. The appellant must file a new notice of appeal within 30 days.
  2. The judgment becomes final and unappealable immediately.
  3. The Court of Appeal may require service, but the timely filing generally preserves jurisdiction. Correct answer.
  4. The appeal is automatically dismissed with no opportunity to cure.

Explanation

Filing the notice of appeal in the superior court is the jurisdictional act; service on the respondent is required by rule but is generally curable and does not defeat jurisdiction if the filing was timely. The court may order proper service. Dismissal is not automatic for a service defect alone.

Question 43Appellate Practice and Procedure

Which of the following best describes the function of a cross-appeal in a civil case?

  1. It transfers the case to the California Supreme Court.
  2. It allows the respondent to challenge portions of the judgment adverse to the respondent. Correct answer.
  3. It replaces the respondent's brief.
  4. It automatically stays enforcement of the judgment.

Explanation

A cross-appeal permits a respondent who is aggrieved by part of the judgment to seek review of those adverse portions. Without a cross-appeal, the respondent may only defend the judgment, not seek to change it. The cross-appeal is subject to its own timeliness requirements.

Question 44Appellate Practice and Procedure

In the Court of Appeal, when is a party generally entitled to oral argument as a matter of right?

  1. Never, because appellate review is entirely on the briefs
  2. Only in criminal appeals
  3. Only if the case is fully briefed and the party timely requests argument in compliance with court rules Correct answer.
  4. Only if the court grants a petition for rehearing

Explanation

A party who has filed a timely brief and complies with the court's procedures is generally entitled to oral argument upon request, though the court may limit or dispense with argument in appropriate circumstances. Oral argument is an opportunity to address the court's questions and emphasize key points. The right is subject to the rules governing the particular court.

Question 45Appellate Practice and Procedure

An appellant contends the trial court erred in admitting hearsay evidence over a timely objection. Which standard governs whether the error requires reversal in a civil case?

  1. The error requires reversal if it is prejudicial and resulted in a miscarriage of justice. Correct answer.
  2. The error is automatically reversible regardless of prejudice.
  3. The error is reversible only if it is structural.
  4. The error is never grounds for reversal in civil cases.

Explanation

Evidentiary error in a civil case warrants reversal only if the appellant shows prejudice, meaning the error resulted in a miscarriage of justice. The Court of Appeal evaluates whether the challenged evidence affected the outcome. Harmless evidentiary error does not require reversal.

Question 46Appellate Practice and Procedure

A party seeks to present an issue on appeal that was not raised in the trial court but involves a pure question of law on undisputed facts. How will the Court of Appeal generally treat the issue?

  1. It will always refuse to consider the issue.
  2. It will treat the issue as an automatic ground for reversal.
  3. It will remand the issue to the trial court without review.
  4. It may exercise discretion to consider the issue because it presents a pure question of law. Correct answer.

Explanation

Although issues not raised in the trial court are generally forfeited, appellate courts have discretion to consider a pure question of law on undisputed facts. This exception avoids pointless remand where no factual development is needed. The court is not required to exercise that discretion.

Question 47Appellate Practice and Procedure

An appellant seeks a stay of enforcement of the judgment pending appeal. Which mechanism is most directly designed to stay enforcement when the trial court has denied a stay?

  1. A petition for writ of supersedeas in the Court of Appeal Correct answer.
  2. A demurrer to the complaint
  3. A petition for rehearing in the Court of Appeal
  4. A motion for new trial in the superior court

Explanation

A writ of supersedeas is an appellate remedy that stays enforcement of a judgment pending appeal when the appellant is otherwise entitled to a stay. It is used when the trial court has denied a stay or when a stay is necessary to preserve the appellate court's jurisdiction. The writ maintains the status quo during the appeal.

Question 48Appellate Practice and Procedure

The Court of Appeal issues an opinion affirming the judgment. A party believes the opinion rests on a factual misstatement. What is the proper first step to seek correction?

  1. File a motion to vacate in the trial court
  2. File a petition for rehearing in the Court of Appeal Correct answer.
  3. File a petition for writ of mandate in the superior court
  4. File a new notice of appeal

Explanation

A petition for rehearing is the appropriate vehicle to ask the Court of Appeal to reconsider its decision, including to correct factual or legal misstatements. It must be filed within the time allowed after the decision. A new appeal is unavailable because the appellate decision has already issued.

Question 49Appellate Practice and Procedure

After the Court of Appeal affirms, a party petitions the California Supreme Court for review. What is the principal function of that petition?

  1. To obtain a new trial as a matter of right
  2. To persuade the Supreme Court to exercise its discretionary jurisdiction over the case Correct answer.
  3. To compel the Court of Appeal to reconsider its opinion
  4. To transfer the case automatically to the Supreme Court

Explanation

Review by the California Supreme Court is discretionary; a petition for review asks the court to exercise that discretion, typically because the case presents an important legal question or a conflict among appellate districts. The petition does not automatically transfer the case. The Supreme Court grants review in a small fraction of cases.

Question 50Appellate Practice and Procedure

An appellant raises an issue in the opening brief but then fails to address it in the reply brief or at oral argument. How is the Court of Appeal most likely to treat the issue?

  1. It will convert the issue into a writ petition.
  2. It will treat the issue as abandoned or forfeited. Correct answer.
  3. It will automatically reverse on that issue.
  4. It will remand the issue to the trial court.

Explanation

An issue that is raised but not pursued through the briefing and argument may be treated as abandoned or forfeited. Appellate courts generally decide only issues that the parties have adequately presented. Silence or failure to develop an argument can waive the claim.