MARCONI VS ANDERSON

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MARCONI VS ANDERSON

Law Firm 5

The Appeal

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

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

Enforcing the Judgment

It’s an assessment of the assets

The reason= to see if they are sufficient

(the factors before a lawsuit may be initiated)

Because of the advanced technology

The popularity of electronic filing is growing and some Federal Bankruptcy

Courts now requiring

Electronic Filing

Courts Online & Cyber Courts

Proceedings

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

ADR- Alternative Dispute

Resolution

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

Other types of ADR / ODR

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

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