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If public policy bars a plaintiff from recovering on a

contract, would that be an...
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?
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Answered in 1 minute by:
12/29/2017
legalgems
legalgems, Lawyer
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While illegal contracts and contracts against public policy can be voided by the court, the appellate court only has jurisdiction over issues that were raised at trial. So if a party fails to object to the legality/public policy concerns of a contract, they cannot raise it on appeal as that would be a new issue, and the idea of the appellate court is to review mistakes of law as made by the lower court, not to provide a new venue to relitigate new issues.

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Customer reply replied 7 months ago
since my third party complaint and counterclaim raise issues of violations of Wis. Admin. Code ATCP 110, Wis. Stat. 100.20, and the affirmative defenses: lack of standing, failure to state a claim, contract is unenforceable, the aforementioned would allow for this issue on appeal?

Yes, if one alleges there was a mistake of law that related to that issue, then the appellate court would be able to hear the case and either uphold the decision, reverse it, or remand it for the lower court to reconsider.

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Customer reply replied 7 months ago
long as the allegations stated were within my pleadings, I can raise the issue on appeal because they were before the court based on my pleadings. Correct?

As long as they were raised in the pleadings and a party can assert a mistake of law;

the judge must have made a legal error in order for the appellate court to hear the case. The legal error must relate to the subject matter being appealed.

So if it was raised in the pleadings and no legal error occurred, there would be no basis for an appeal.

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Customer reply replied 7 months ago
Where a matter is properly raised in the trial court by the pleadings, evidence, motions, or appropriate requests for rulings, it is sufficiently presented for review on appeal. Within this rule, ‘properly raised’ means that the questions must have been timely called to the attention of the lower court, and this rule has been applied to affirmative defenses. As this rule is ordinarily a rule of practice, it need not be rigidly followed, and a mere failure to make the exact motion to technically raise the issue or point should not prevent a review thereof...” 4 C.J.S., Appeal & Error, pp. 751-755, sec. 243; Posnanski v. Hood, 46 Wis. 2d 172, 174 N.W.2d 528 (1970).Does the above allow for review of the issue my question pertains based on my affirmative defenses and claims even if I did not file a motion?

That can be cited in support of; but if there is no reversible error of law (by the court) then the appellate court does not have jurisdiction.

Does that make sense?

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Customer reply replied 7 months ago
Not granting my motion to dismiss after the close of plaintiff's evidence and not granting my directed verdict would be reversible error. Correct?

It would depend on the facts of the case; that would only be determined after reviewing the entire case history.

If the judge had a legal basis for not granting a motion to dismiss, or not granting a directed verdict, and there was no error made in the denial then that would not be reversible error.

The party appealing needs to assert the fact that the judge did that would give rise to an appeal.

This explains the process:

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html

As you can see it is very complex and very few parties will attempt an appeal as a self represented litigant; some attorneys focus solely on appellate law.

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