In some jurisdictions these instructions are given

Info icon This preview shows pages 10–13. Sign up to view the full content.

View Full Document Right Arrow Icon
In some jurisdictions, these instructions are given before jury argument; in others, they are given following jury argument.
Image of page 10

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
STAGES OF A TRIAL - PT. III (6) Verdict: After deliberating the judge’s instructions and the evidence, the jury renders a verdict setting forth its findings and the amount of damages, etc. If the verdict includes a finding that one party owes the other money damages, the jury will decide the amount of the award . (7) Posttrial Motions: Motions asking the trial court to alter or disregard the jury’s verdict or to order a new trial. Motion for Judgment Notwithstanding the Verdict: A motion asking the court to enter judgment in favor of the moving party, despite the jury’s verdict in favor of the non-moving party. Motion for New Trial: A motion asserting that the trial was so fundamentally flawed – because of error by the trial judge, newly discovered evidence, prejudice, or other reason(s) – that a new trial is required to prevent a miscarriage of justice. (8) If the losing party is unsuccessful in persuading the trial court to grant any of its post-trial motions, the trial court will enter its judgment , based on the jury’s verdict.
Image of page 11
APPELLATE PROCEDURE Following entry of judgment, the losing party may timely file an appeal , asking a court with appellate jurisdiction over the trial court to review and set aside the judgment. What is filed with the appellate court? While it varies from state to state and from state to federal court, generally: (1) a notice of appeal , evidencing the appellant ’s intent to appeal the judgment or one or more rulings of the trial court; (2) a record or transcript of the pleadings, motions, hearings, and trial before the trial court, and particularly the judgment and any other ruling by the trial court that is being challenged; and (3) briefs outlining the legal arguments supporting the appellant’s request to set-aside the judgment and the appellee ’s request that the appellate court let the trial court judgment stand. Appellate courts generally do not rule on questions of fact unless the evidence is so overwhelming that no reasonable person could disagree.
Image of page 12

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
APPELLATE REVIEW Once all of the briefs are on file, the appellate court will generally, though not always, schedule an oral argument at which counsel for the parties may briefly outline their positions and at which the court may ask counsel pointed questions to aid the court’s disposition of the appeal. Based on the arguments raised in the briefs and, if there is one, at oral argument, the appellate court may: (1) affirm the trial court’s judgment or ruling, (2) reverse the trial court’s judgment or ruling and remand the case for further proceedings in the trial court, or (3) reverse the trial court’s judgment or ruling and render a new judgment or ruling without further proceedings by the trial court. If the party that loses before the appellate court chooses, it may appeal that intermediate appellate court’s ruling to the jurisdiction’s supreme court or its equivalent, beginning a new round of briefing. Often, the first issue for the higher court is whether it will entertain the appeal at all. In such cases, initial briefing to the higher court may be limited to the question of why it should do so.
Image of page 13
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern