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  • a man standing in a library
    • Appellate Briefing

    The Rule is King
    By Cherise Bacalski • October 13, 2025
    Remember, in legal writing, the Rule is King. That means that apart from citing the rule that governs the case *in your argument*–and of course analyzing the facts of your case through its lens–you, legal drafter, should also structure the…
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    • Legal Writing
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    • Practice Tip
  • a group of people sitting in a courtroom
    • Appellate Briefing

    Correctness or Abuse of discretion?
    By Cherise Bacalski • October 8, 2025
    In appellate law, standard of review can either make or break you. A standard of review announces the level of deference a high court gives a lower court’s rulings. Some rulings are discretionary rulings, and those discretionary rulings are given…
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    • Standards of Review
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    • Legal Writing
  • a watercolor of a court room with a man standing in front of a podium
    • Litigation

    Can the Appellate Court stay your District Court case?
    By Cherise Bacalski • October 6, 2025
    Whether an appellate court can stay your district court case depends upon a couple of things. First, have you asked the district court to stay the case? In most cases, a party needs to request a stay of all other…
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    • Jurisdiction
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    • Stays
  • a group of people sitting at a table in a courtroom
    • Insights

    Exceptions to the final judgment rule in Utah
    By Cherise Bacalski • September 24, 2025
    In Utah, in order for the appellate court to take jurisdiction over your claim, you must obtain a final judgment. The final judgment rule is jurisdictional, and without it, the court of appeals will dismiss your case. It’s helpful—and indeed…
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    • Jurisdiction
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    • UPEPA
  • lawyers working around a table
    • Insights

    Do you have a malpractice claim?
    By Cherise Bacalski • July 22, 2025
    I get calls frequently from clients wanting to appeal based on their attorney’s failure to admit evidence at trial. It isn’t that the attorney tried to admit the evidence and the trial court blocked their efforts: that is a legal…
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    • Malpractice
  • People assembled in a park for a political rally
    • Litigation

    Top Strategies for Defending Against SLAPP and Anti-SLAPP Claims
    By Cherise Bacalski • March 20, 2025
    Slapp and Anti-Slapp In the realm of legal battles, SLAPP and Anti-SLAPP claims hold a unique position. They are tools wielded in the ongoing struggle between free speech and the desire to silence criticism. SLAPP stands for Strategic Lawsuit Against…
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    • SLAPP
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    • UPEPA