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Litigation begins and courts hear the facts of hte case at hand. This is called?
A. trail court
B. state courts
C. appellate courts
D. high/supreme courts
E. none of the above

2007-06-16 09:29:35 · 5 answers · asked by cherryvalley2006 2 in Arts & Humanities History

5 answers

Litigation takes place in civil courts, so the correct answer would be

A. trial (not "trail") court

Trial

At trial, the parties present evidence in support of their claims or defenses to a jury and/or judge. Immediately before trial, each party provides to the judge a document, called a brief, that outlines the arguments and evidence to be used at trial. In a jury trial, both parties question potential jurors during a selection process called voir dire. Once the jury has been selected, each party presents its outline of the case in an opening statement.

Evidence is then presented. Each party may call witnesses or introduce documents and exhibits in support of its arguments. The plaintiff presents evidence first, then the defendant. Sometimes, the plaintiff is allowed to present additional evidence, called rebuttal evidence, after the defendant has finished presenting its case.

Once all the evidence has been presented, the parties give their closing arguments. After closing arguments, the court instructs the jury on the law to be applied to the evidence. The jury then deliberates and reaches a decision or verdict.

A party may challenge a jury's verdict. Errors of law committed by the trial court or a jury's disregard of law or evidence are common reasons for challenging a jury's verdict. A motion for judgment notwithstanding the verdict asks the court to disregard the jury's verdict and enter a different decision. A motion for a new trial asks the court to set aside the jury's verdict and order a new trial of the case.

The party who prevails at trial will file a motion requesting the court to order the losing party to pay the prevailing party's costs to prosecute or defend the case. Recoverable costs are defined by rule, statute, or private agreement and generally do not include attorney fees. Recoverable costs rarely cover all out-of-pocket costs a party incurs during the course of a lawsuit.

Appeal

Following trial, a party dissatisfied with the result may seek an appeal. During an appeal, a party asks another court to review the trial court proceeding. The parties present their arguments in briefs, which are submitted to the appellate court along with the record of evidence from the trial court. An appeal can extend the litigation process by a year or more.

The appellate court usually reviews a case for legal error only.

2007-06-16 09:35:48 · answer #1 · answered by johnslat 7 · 2 0

I think maybe it's the Chisholm trail court. They would sit aroung a buffalo chip campfire, eating beans and bacon and try to determine the facts of the trail.

2007-06-16 14:05:10 · answer #2 · answered by Anonymous · 0 0

A. trail court

2007-06-16 13:42:10 · answer #3 · answered by Anonymous · 0 0

A. trial court actually civil court

2007-06-16 18:41:39 · answer #4 · answered by Dave aka Spider Monkey 7 · 0 0

Will you, and "babygurl" and "eeyore girly 17" please naff off with your "History Help?" questions every 10 seconds and do your own homework.

2007-06-16 10:46:41 · answer #5 · answered by the_lipsiot 7 · 1 0

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