COMM231 Lecture Notes - Lecture 4: Alternative Dispute Resolution, Catastrophic Injury, New Trial
14 Apr 2016
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Appeal phase: happens when one of the paries don"t agree with outcome and appeal, appellant party that issues the appeal, respondent party that responds to the appeal, appealing isn"t easy to do. Appeal court has respect for trial judge who dealt with case. Reason is because trial judge saw the trial. Person appealing is saying judge made an error on the applicaion of law. Person may be appealing the trial judges assessment of the facts. New trial judge will hear and new jury will hear (if original trial had jury) Plainif was real estate agent for suton group. Oice had taxi cabs arranged for people drinking and took everyone keys. She asked for keys but didn"t get them. Plainif wanted only judge and defendant wanted jury. One of the points was judge shouldn"t have dismissed jury. The appeal court agreed the trial judge should not have dismissed the jury.
