assignment1 - 2. the court can reverse the trial courts...

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Business Law 201 Professor Isler Spring 2007 Assignment 1 Student ID: G00735866 Task 1 The appellate court is unlikely to reverse the trial court’s findings with respect to the facts. The reason : first, courts of appeals do not conduct new trials, in which evidence is submitted to the court and witnesses are examined. So, only BSC is asserting that the evidence is scanty, but the judge and jury have already examined and supported the evidence. Second, appellate courts focus on questions of law, not questions of fact. So, BSC appeals because of the doubt of the evidence, the appellate court will not conduct its appeal. The appellate court accepts to reverse the case only because the findings are unsupported or contradicted by the evidence, but the fact is that neither the judge nor the jury questioned the evidence. The BSC’s appeal is not acceptable for the appellate court. An appellate court has the following options after reviewing the case: 1. the court can affirm the trial court’s decision
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Unformatted text preview: 2. the court can reverse the trial courts judgment if it concludes that the trial court erred or that the jury did not receive proper instructions. 3. the appellate court can remand the case to the trial court for further proceedings consistent with its opinion on the matter. 4. the court might also affirm or reverse a decision in part. 5. an appellate court can also modify a lower courts decision. Task #1 (a). the U.S. Constitution takes priority. The reason: the U.S. Constitution is the supreme law of the land. (b). a state constitutional provision takes priority. The reason: no state statute or local ordinance may violate the relevant state constitution. 1 (c). a state statute takes priority. The reason: no state statute or local ordinance may violate the relevant state constitution. (d). the U.S. Constitution takes priority. The reason: the U.S. Constitution is the supreme law of the land. 2...
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assignment1 - 2. the court can reverse the trial courts...

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