New York Law (NYLE) Practice Exam

If an attorney files an appeal, what must they show for the court to hear the appeal?

1. A substantial question of law.

2. A clear purpose for the appeal.

3. Sufficient evidence of error in the lower court's decision.

4. A requirement for a new precedent.

The correct answer is: Sufficient evidence of error in the lower court's decision.

In order for an appeal to be heard by a court, the attorney must demonstrate sufficient evidence of an error in the lower court's decision. This is fundamental to the appellate process, as appellate courts review the record of the lower court to determine if legal mistakes occurred that affected the outcome of the case. The concept of "sufficient evidence of error" encompasses various forms of mistakes, including procedural errors, misinterpretation of the law, or issues of admissibility of evidence. Simply put, the appeal cannot just rest on the assertion that the outcome was unsatisfactory; it must be grounded in the idea that the trial court did not apply the law correctly or failed to follow appropriate legal procedures, which warrants a review by a higher court. The other options, while they may touch on relevant aspects of the appeal process, do not adequately capture the primary requirement for the court to consider an appeal. For instance, while a substantial question of law can be significant, it is not the sole criterion; the evidential basis would need to demonstrate that the legal issue stems from an error. Having a clear purpose for the appeal is also important but does not in itself guarantee that the court will want to hear it without evidence of an error. Lastly, a requirement for