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Ace Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that the evidence presented at trial to support Ace's claim was so scanty that no reasonable jury could have found for the plaintiff. Therefore, argues BSC, the appellate court should reverse the trial court's decision. May an appellate court ever reverse a trial court's findings with respect to questions of fact?

2007-02-25 10:12:15 · 3 answers · asked by bdcanuck 2 in Politics & Government Law & Ethics

3 answers

Actually that is an appeal based on judicial error in not dismissing the case at trial. Not an appeal on facts. The appellate court is limited to the facts in evidence. If they agree that the facts do not support the claim it can reverse the trial court.

2007-02-25 10:20:41 · answer #1 · answered by C B 6 · 1 0

Of course, but only if the findings are clearly erroneous or unsupported by the evidence. In other words, whenever the court of appeals feels the trial court was wrong!

2007-02-25 18:20:51 · answer #2 · answered by thylawyer 7 · 0 0

The problem is with the appellate court judges, like supreme court judges, they do not like to go against the decisions of other judges. It has been done, it is not common practice though.

2007-02-25 18:26:58 · answer #3 · answered by julie j 3 · 0 0

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