Chapter_3_1_

Vsharmlesserror theappellatecourtdoesnotrehear

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Unformatted text preview: judgment n.o.v.) may be filed, but must be denied if there is Chapter 3 Chapter Appeals: Did the trial court commit prejudicial error. Errors of law only are generally considered; trial court is “trier of fact, and given great discretion” to determine the facts. (vs. harmless error) The appellate court does not rehear evidence or re­determine facts. Rehearing Chapter 3 Chapter Collection of Judgment Garnishment Seize Property Chapter 3 Chapter Court Costs Attorney Fees Interest Chapter 3 Chapter Arbitration A nonjudicial proceeding where a neutral third party nonjudicial renders a binding decision. The parties usually select an arbitrator with special expertise. Types of Arbitration ‑ There are two basic types of arbitration: consensual (which is more common) and compulsory. consensual a. Consensual arbitration occurs when parties to a dispute Consensual agree to submit to arbitration. b. Compulsory arbitration is required by statute for Compulsory specific types of disputes such as those involving public employees like police officers or fire fighters. employees Procedure – The procedure is usually specified by the parties ’ agreement. The arbitrator renders an award, is binding on award is the parties, and is subject to limited judicial review if: (1) the award was...
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