An issue must be raised and passed upon below to be reviewable by a court of last resort, and appellate practice creates its own preservation traps.

Raise it in the intermediate court. An issue not raised in the intermediate appellate court is generally not considered on further review, even if it was preserved at trial.

Press it, do not merely mention it. An issue referred to in a footnote or in a single sentence without argument is treated as abandoned.

Federal questions in state court. To preserve a federal claim for review by the federal supreme court, the federal nature of the claim must be raised expressly in the state courts, and the state decision must not rest on an adequate and independent state ground.

Alternative grounds. A prevailing party may urge any ground supporting the judgment without cross-petitioning, but should raise them below.

Rehearing. Raising an issue for the first time on rehearing does not preserve it.

Preservation statements. Both briefs should identify where each issue was raised and ruled on, with record citations. Courts increasingly require this by rule, and its absence invites a finding of waiver even where preservation occurred.