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Appellate Practice and Procedure, 4th (Vol. 41 & 41A, Massachusetts Practice Series)

Product details:

Brand: Thomson West
Copyright: 2020
ISBN: 9781731945433
Publication Frequency: Updated as changes in the law dictate
Update format: N/A

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Appellate Practice and Procedure, 4th (Vol. 41 & 41A, Massachusetts Practice Series)


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This fourth edition of Appellate Practice and Procedure has 83 chapters and is organized into 10 parts:

  • Part I provides an overview of appeals and appellate procedure generally.
  • Part II provides and overview of the Massachusetts Supreme Judicial Court and the Appeals Court.
  • Part III discusses finality.
  • Part IV details the primary exceptions to the principle of finality – petitions for review under G.L. c. 231, § 118, first par.; the mysterious doctrine of present execution; and more.
  • Part V is related and discusses the various types of motions and the law governing post-judgment challenges to a judgment entered in a civil or criminal case.
  • Part VI discusses the mechanics of an appeal – from the many factors involved in considering whether to appeal, to the commencement of an appeal, motion practice in the appellate courts, the importance of preservation of error and the applicable standards of review before the appellate court, to appellate brief writing and oral argument.
  • Part VII discusses the Massachusetts appellate courts’ decision-making processes and post-decision practices.
  • Part VIII focuses on the single justice session of the Supreme Judicial Court.
  • Part IX is devoted to the single justice session of the Appeals Court.
  • Part X comprises 45 chapters and is entitled, “Particular appeals in the lower courts, common appellate case types and issues, and appellate procedure in the Federal courts.”

As demonstrated by the title, Part X includes a diverse array of topics and subject matter including:

  • Child welfare appeals
  • The Appellate Divisions of the District Court and Boston Municipal Court
  • The jurisdiction and procedure of the United States Court of Appeals for the First Circuit
  • Appeals from Sex Offender Registry Board classifications
  • Contributory Retirement Boards, administrative agencies, and municipal boards

Finally, the edition includes voluminous appendices which will be helpful for research and reference purposes. The appendices include:

  • Appendix A, statements of law of the Massachusetts appellate standards of review
  • Appendix B, a compendium of civil appellate decisions (or, the “Weaverology”)
  • Appendix C, selected statutes and court rules concerning appellate procedure and practice
  • Appendix D, the Massachusetts Rules of Appellate Procedure