The scope of appellate review is inexorably tied to the record in the trial court or before the administrative agency. Protecting the record is frequently associated with preserving legal issues for appeal, a topic we will address in the future. But facts matter. The extent to which legal arguments are likely to succeed is greatly affected by their factual context. So, care must be taken to protect the full development of the factual record as well.

Bear in mind that the record is limited to what has found its way onto paper—the transcript of the proceedings and papers filed with the court. R. 2:5-4. The paper record is sufficient for the disposition of most legal issues raised: an argument is presented; a ruling is made; or a witness provides testimony that supports or undermines the cause.

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