Chapter 3 us legla system 2 Flashcards
even higher burden of proof
beyond a reasonable doubt
asking the judge to issue a judgment contrary to the jury’s verdic
judgment notwithstanding the verdict
losing party can file amotion for this, A judge often grants a motion for a new trial when the parties discover new evidence, when the judge made an erroneous ruling, or when misconduct during the trial may have prevented the jury from reaching a fair decision
new trial
either party may appeal the judges decision
appellate procedure
a mistake so significant that it likely affected the outcome of the case
prejudicial error of law
written argument to explain why the judgment in the lower court was erroneous and why the appeals court should reverse it
brief
the court can accept the lower courts judgement
affirming
the court concludes that the lower courts decision was correct but the remedy was inappropriate
modifies
if the appellate court decides that the lower court was incorrect in its decision
reverse
if the appeals court thinks the lower court committed an error but does not know how that error affected the outcome of the case, remands the case to the lower court for a new trial
remands
an order to the lower court to send the supreme court the record of the case
writ of certiorari