SPARC Forums

Main Forums => Dear Socrateaser => Topic started by: floridadad630 on Jun 06, 2004, 08:56:10 AM

Title: Standard of review: de nova vs. strict scrutiny
Post by: floridadad630 on Jun 06, 2004, 08:56:10 AM
Dear Sir, I have two questions
(1) Standard of review.
I want the Court of Appeal to apply strict scrutiny to the trial court's order, but also want the Court of Appeal to make a determination itself with regards to visitation (review is de novo).  How would I succently state the Standard of Review to encompass both of these?
(2)  Brief
I'm nearly done with my brief.  Would you be willing to review it once its completed if I e-mailed it to you?  I would not be offended if you decline.

Once again I want to sincerely thank you for your time.  You are the only person who can provide me with meaningful feedback in my appeal.

Thanks,
dpm
Title: RE: Standard of review: de nova vs. strict scrutiny
Post by: socrateaser on Jun 06, 2004, 11:55:15 AM
>Dear Sir, I have two questions
>(1) Standard of review.
>I want the Court of Appeal to apply strict scrutiny to the
>trial court's order, but also want the Court of Appeal to make
>a determination itself with regards to visitation (review is
>de novo).  How would I succently state the Standard of Review
>to encompass both of these?

The appellate court will apply the standards set by precedent. If you can show that a particular standard applies, via case law cites, then that should convince them to use that standard.

However, if you want ME to research the case cites and write a section for your brief arguing for a particular standard of review, that will cost you $300 an hour.

>(2)  Brief
>I'm nearly done with my brief.  Would you be willing to review
>it once its completed if I e-mailed it to you?  I would not be
>offended if you decline.

If you post it here, I'll read it like everything else. I can't accept emails at the moment - just don't have the bandwidth.