What is the general rule on appeal to the theory advanced below?
California, United States of America
The following excerpt is from People v. Yeoman, 2 Cal.Rptr.3d 186, 31 Cal.4th 93, 72 P.3d 1166 (Cal. 2003):
3. "The general rule confining the parties upon appeal to the theory advanced below is based on the rationale that the opposing party should not be required to defend for the first time on appeal against a new theory that `contemplates a factual situation the consequences of which are open to controversy and were not put in issue or presented at the trial.' [Citation.]" (Ward v. Taggart, supra, 51 Cal.2d 736. 742, 336 P.2d 534.)
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