It is hardly unusual for a party to prevail on appeal in spite of his or her failure to properly preserve for
appellate review the ultimately winning argument or issue.
The Federal Rules of Civil Procedure and
Appellate Review of District Court Factual Findings
One area that has been instructive is the limits of
appellate review.
25) In the example given above--when an order impleads a third party to proceedings supplementary--there would be no right to immediate
appellate review because the order is only the first step in more comprehensive proceedings.
The received understanding of section 25, tracing back almost two hundred years and continuing into the present, is that the direct
appellate review authorized by Congress in that provision encompassed both civil suits and criminal prosecutions.
These are just the sort of issues that must be subject to
appellate review in a credible justice system and should be subject to a uniform application of law between services and service-members.
under many statutes, creating inconsistencies in the
appellate review of
section] 866(a) (2012) (establishing
appellate review of courts-martial); id.
13) Moreover, the Tax Court still lacks the oversight that administrative agencies and Article III courts receive, so most of the limited oversight of its actions occurs during the
appellate review process.
Intermediate
Appellate Review May Be Allowed in Certain Procedural Contexts
One of the more prominent examples of this deferential enforcement approach to
appellate review is the Supreme Court's decision in Kimbrough v.
However, the idea that not all evidentiary rulings should be reviewed under the unitary standard of abuse of discretion is fundamental and crucial to proper
appellate review.
