Appeals Self-Quiz
An appeal
is the process by which:
|
An appeal
permits a party to seek:
|
If an appellate
court finds that the lower court judge committed harmless error, the appellate
court judge will:
|
Joe, the plaintiff,
brought a lawsuit against Frankie, the defendant, in New York Supreme
Court (which is the trial court in New York). Joe suffered damage to his
perfectly manicured lawn when Frankie negligently allowed his lawnmower
to mow over Joe’s special begonias. Frankie argued that the begonias
were improperly planted on Frankie’s side of the property line.
Joe’s attorney filed the lawsuit in New York Supreme Court on March
1, 2003. Both sides presented arguments and supporting evidence denying
the culpability of their clients on April 3, 2003. Frankie’s attorney
had a bad feeling that the judge would render a judgment favoring Joe,
and decided to preemptively file an appeal in the proper Appellate Division
of the New York judicial system. The judge, not knowing of Frankie’s
attorney’s appeal, filed its decision on April 15, 2003. Was Frankie’s
attorney’s appeal proper?
|
Theodora had
filed a lawsuit against Robert for negligence under federal sidewalk shoveling
laws. After a sudden ice storm in April 2003, Theodora had been walking
to Robert’s front door when she suddenly slipped on an ice patch
and fell, breaking her wrist. Evidence at trial was presented by both
sides and the trial court judge’s judgment fell in favor of Robert.
The trial court’s judgment was finalized on July 3, 2003. Theodora,
steamed by the unfavorable result, calculated her next strategy. Her attorney
discovered that testimony offered by an expert should not have been heard
and, had it not been admitted into evidence, the outcome would have been
reversed in favor of Theodora. On December 1, 2003, Theodora’s attorney
filed an appeal with the proper federal appellate court. Is Theodora’s
appeal proper?
|
Carol brought
a lawsuit against Pat in federal court. The lawsuit was based on a dispute
over the ownership and control of a patent for cell phone batteries. Each
party claimed that they were the proper owner of the patent. During the
trial, Carol’s attorney presented numerous falsified documents indicating
that Carol was the rightful owner of the patent. Pat, knowing that the
documents were fabricated, alerted his attorney that they were false and
that he had proof supporting his statements. Pat’s attorney assured
his client that he could raise the objection later on in trial, but never
did. The federal district court ruled against Pat, and Pat’s attorney
brought an appeal. Should the federal Court of Appeals hear the case?
|
Paul sued
Fred in Texarkana for damages related to a breach of contract. The trial
court, after hearing evidence which overwhelmingly favored Paul, ruled
in Paul’s favor. However, Fred had objected in a timely fashion
during the trial when the judge improperly admitted evidence of a late
payment required by the contract. Fred’s attorney appealed the trial
court’s judgment based on this error. Should the appellate court
hear Fred’s appeal?
|
Theresa had
filed a lawsuit against Sophia for damages when Sophia failed to pay her
rent for one year. Theresa’s attorney had submitted overwhelming
evidence that Sophia had repeatedly promised to pay and had failed to
do so. In addition, Sophia had the ability to pay her rent in full throughout
the year in question. Sophia failed to provide any evidence that would
support her innocence. However, during the trial, improper evidence had
been submitted regarding Sophia’s financial statements. In fact,
the trial court admitted evidence demonstrating Sophia’s yearly
salary to be lower than it actually was. The trial court clearly made
an error in allowing this information into the trial record, and Sophia
objected in a timely manner. Sophia’s attorney filed an appeal based
on this error. Should the appellate court hear the appeal?
|
When an appellate
court is reviewing a lower court decision, it does not consider which
of the following?
|
The U.S. Supreme
Court does not have jurisdiction to review what type of cases?
|
© 2003 - 2024 National Paralegal College