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MARCONI VS ANDERSON. Law Firm 5. A party must have legitimate grounds to file an appeal Both parties can appeal *Not for discontent with results What is an appeal? =Asking a higher court to request of a review of your case. The Appeal. Filing the appeal If Anderson files the appeal
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MARCONI VS ANDERSON Law Firm 5
A party must have legitimate grounds to file an appeal • Both parties can appeal *Not for discontent with results • What is an appeal? =Asking a higher court to request of a review of your case The Appeal
Filing the appeal • If Anderson files the appeal -He should go to the clerk of the trial within the prescribe time • FILING THE APPEAL INCLUDES • Pleadings, Transcript, Judges Rulings, Abstract, and Briefs and other trial related docs. Apellate Review • Reviews the record for errors of law of hearings, not to hear evidence
A case can either be reversed, remanded or afirmed. • Ex. Appellate court afirmed( the law was practice well) that Marconi’s compensations was full equitable (GOOD) – And denied Anderson’s appeal • The appellate court may remanded. Meaning that the judges may passed the appeal Appeal to a Higher Appelate Court • Losing party may appeal to the highest state court
It’s an assessment of the assets The reason= to see if they are sufficient (the factors before a lawsuit may be initiated) Enforcing the Judgment
Because of the advanced technology • The popularity of electronic filing is growing and some Federal Bankruptcy Courts now requiring Electronic Filing
A lot of courts have websites to display info: • Of their rulings, databases and court’s info. • Appellate court decisions are often posted online • In the future trial may be held online Courts Online & Cyber Courts Proceedings
NEGOTIATION • Informal attempt to settle dispute (attorneys optional) without legally binding concequences • MEDIATION • Facilitates that the parties come up with the resolution (help to decide agreement) also not legally binding ADR- Alternative Dispute Resolution
There is assisted negotiation – third party participates (someone outside) • Neutral case evaluation – uses expert to evaluate strengths and weaknesses • Mini trial – role-play of how the trial most likely proceed • SJT’s – jury renders a non binding veredict (guide) • ODR- internet based resolution centers such as cybersettle.com Other types of ADR / ODR