What is the test of the rule of appellate review?

California, United States of America


The following excerpt is from People v. Thompson, 221 Cal.App.3d 923, 270 Cal.Rptr. 863 (Cal. App. 1990):

The rationale for this rule of appellate review is compelling. "In the hurry of the trial many things may be, and are, overlooked which would readily have been rectified had attention been called to them. The law casts upon the party the duty of looking after his legal rights and of calling the judge's attention to any infringement of them. If any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them, and the result would be that few judgments would stand the test of an appeal." (Sommer v. Martin (1921) 55 Cal.App. 603, 610, 204 P. 33, italics added.)

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