Step 3.2 If arguing an appeal, identify specific 'Did' questions

If your problem involves appealing a decision, then you might want to brainstorm the following 'Did' questions. We cannot provide a complete list, so we have listed just some basic 'Did' questions to think about.153

brainstorm BRAINSTORM

Did the trial judge …

  • allow evidence that the judge should have excluded?
  • allow the opposition to make an improper argument to the jury?
  • disallow the discovery of evidence that the judge should have allowed?
  • wrongly determine the facts contrary to the evidence?
  • exclude evidence that the judge should have admitted?
  • not apply the appropriate law?
  • wrongly apply the law to the facts?
  • lack jurisdiction?
  • misapprehend the issue the judge needed to decide?
  • misdirect the jury (or did the jury misdirect itself)?

Table 45: Appellate 'Did' questions

153 Dennis Owens, 'Appellate Brief Writing in the Eighth Circuit' (2001) 57 (2) Journal of the Missouri Bar 75.

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