LEGAL PRINCIPLE: APPELLATE PRACTICE – Issue Formulation – Must Be Within Parameters of Grounds of Appeal

This reinforces and clarifies Principle 558. Valid issues must satisfy TWO mandatory conditions: (1) Formulated within ground’s parameters: Issue must fall within scope/compass of stated ground—not exceed ground’s boundaries or introduce matters ground doesn’t cover. (2) Ground must challenge correct judgment: Ground must be against the judgment being appealed from—not attacking different court’s judgment or unrelated decisions. Both conditions are essential—failure of either renders issue incompetent requiring striking out. “Parameters of ground” means: boundaries set by ground’s wording, scope of complaint in ground, and matters raised by ground. Issues exceeding parameters: introduce matters beyond ground, improperly expand appeal, and are incompetent. “Against judgment…appealed” means: ground challenges the specific decision under appeal, not some other decision or court, and focuses on judgment being reviewed. This serves: defining appeal scope precisely, preventing issues unrelated to grounds or judgment, and maintaining appellate discipline. “Struck out as incompetent” means: issue is invalid and must be removed, court cannot consider it, and appeal proceeds without it. This strict requirement enforces: grounds of appeal define appeal scope, issues must arise from grounds challenging correct judgment, and no issue exists independent of proper ground. Courts must rigorously assess: does issue fall within ground’s parameters? does ground challenge judgment being appealed? Without both, issue is incompetent.