THE THREE ELEMENTS OF A GOOD POINT RELIED ON

By Judge Laura Denvir Stith

 

There are three elements in a good point relied on.

 

ELEMENT I

 

Briefly set out what ruling was error -- for example, “the trial court erred in admitting evidence of prior accidents.” That is the "wherein" part of the rule.

    

 

ELEMENT II:

 

Briefly set out why that ruling was error legally -- for example:

 

“The Trial Court Erred in Admitting Evidence of Prior Accidents Because Such Evidence Is Only Admissible Where it Is Substantially Similar to the Accident in Question.”

 

ELEMENT III:
Connect the legal error to your facts. Without a sentence making this connection, you have simply set out an abstract statement of law, and the appellate court may reject your brief.

 

An example of a Point Relied On which sets out what ruling is error, why it is error legally, and why it is error on the facts of your case, would be as follows:

"The Trial Court Erred in Admitting Evidence of Prior Accidents Because Such Evidence Is Only Admissible Where it Is Substantially Similar to the Accident in Question and the Prior Accidents in this Case Were Not Substantially Similar Because the Accident in this Case Occurred During a Clear Day on Dry Pavement Whereas the Prior Accidents Occurred at Night or During Rain or Snow."