Is a legal issue first raised on appeal when the opposing party has failed to raise it in the trial court?
MultiRegion, United States of America
The following excerpt is from U.S. v. Baldwin, 987 F.2d 1432 (9th Cir. 1993):
We may consider legal issues first raised on appeal where the opposing party will suffer no prejudice as a result of the failure to raise it in the trial court. United States v. Carlson, 900 F.2d 1346, 1349 (9th Cir.1990).
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