Litigating Civil Cases in State Intermediate Appellate Courts: Analyzing Decisions to Appeal Civil Trial Verdicts or Judgments and the Impact of Appellate Litigation on Trial Court Outcomes

2013 ◽  
Author(s):  
Thomas H. Cohen
Keyword(s):  
Appellate Courts ◽  
Trial Court ◽  
Civil Cases ◽  
Civil Trial ◽  
The Impact

scholarly journals Cases, Conflict, and Accommodation: Patterns of Legal Interaction in an American Community

1983 ◽  
Vol 8 (4) ◽  
pp. 803-874 ◽  
Author(s):  
David M. Engel
Keyword(s):  
Conflict Resolution ◽  
Empirical Study ◽  
Social Relationships ◽  
Local Level ◽  
Trial Court ◽  
Trial Courts ◽  
Indigenous Law ◽  
Civil Cases ◽  
Complex Relationships ◽  
Civil Trial

This article provides an overview of an empirical study of a civil trial court and the environment of indigenous law and conflict resolution in which the court operates. The article combines an analysis of civil cases and litigants with an investigation of alternative nonjudicial approaches used by residents of the community. The first section of the article examines the emergence of legal conflicts from the fabric of social relationships in the community and compares cases and parties in the court with those that gravitate toward nonjudicial settings. The second section compares processes and outcomes available in the court with those that may be obtained nonjudicially. The article concludes that different categories of cases emerge from different kinds of social relationships and for this reason are associated with fundamentally dissimilar patterns of values, norms, procedures, and outcomes. It also emphasizes the benefits to be obtained from investigating the complex relationships and interchanges that link local level trial courts to their communities.

Gatekeeping and Filtering in Trial Courts

2017 ◽  
Author(s):  
Christina L. Boyd
Keyword(s):  
Decision Making ◽  
Interdisciplinary Research ◽  
The United States ◽  
Court Cases ◽  
Appellate Courts ◽  
Trial Court ◽  
Plea Bargain ◽  
Trial Courts ◽  
Civil Trial ◽  
Selection Of

Trial courts and their actors play critical gatekeeping and filtering roles within the judicial hierarchy. As this chapter discusses, the decisions made by litigants and judges in the millions of criminal and civil trial court cases in the United States each year affect things like what cases get filed, how cases develop, what cases settle or plea bargain and when, whether losing litigants will appeal, and, if they do, how the appellate courts will respond. This chapter proceeds by first examining the selection of disputes and charges that takes place by parties, prosecutors, and other lawyers prior to a case being filed in a trial court. Next, the chapter details the decision-making of trial court parties, lawyers, and judges. As the chapter concludes, it discusses the unique set of challenges present for interdisciplinary research on trial courts.

The Impact of Minimal versus Extended Voir Dire and Judicial Rehabilitation in Civil Cases

2020 ◽  
Author(s):  
Jessica M. Salerno ◽  
John Campbell ◽  
Hannah Phalen ◽  
Samantha Bean ◽  
Valerie P. Hans ◽  
...  
Keyword(s):  
Voir Dire ◽  
Civil Cases ◽  
The Impact

Making Sense of State v Messenger

PEDIATRICS ◽  
1996 ◽  
Vol 97 (4) ◽  
pp. 579-583 ◽  
Author(s):  
Frank I. Clark
Keyword(s):  
Medical Treatment ◽  
Criminal Case ◽  
Appellate Courts ◽  
Trial Court ◽  
Making Sense

On April 30, 1994, Gregory Messenger was charged with manslaughter for physically disconnecting his premature son from a ventilator.1 He was acquitted of these charges on February 2, 1995. Although appellate courts have dealt with various aspects of withdrawing life-sustaining medical treatment (LSMT) in infants,2 State v Messenger raised the issues involved when this support is not desired by the parents at the time of birth. This case sets no precedent for future cases on this point. There is no appeal of a criminal case when the defendant prevails; therefore, for lawyers and judges it will remain just another trial court loss for a prosecutor.

Prejudicial Publicity and Change of Venue in Civil Trials

1994 ◽  
Vol 15 (3) ◽  
pp. 62-73
Author(s):  
F. Dennis Hale
Keyword(s):  
Appellate Courts ◽  
Trial Courts ◽  
Civil Cases ◽  
Civil Trials

It's possible to get change of venue because of excessive publicity in civil cases, but requests have been granted in relatively few cases, and appellate courts seldom overrule trial courts on such requests.

scholarly journals Mediator in the Polish civil trial

2021 ◽  
pp. 163-175
Author(s):  
Krzysztof Khmelyazh
Keyword(s):  
Civil Cases ◽  
Civil Trial

The article discusses the results of research on the functioning of judicial mediation in civil cases. The effectiveness of mediation is assessed on the basis of the number of concluded settlements or discontinued proceedings as a result of approval of the settlement concluded before the mediator. In the course of the research, the reasons for too low in relation to the expected popularity of mediation were identified, both among the society and professionals related to mediation. For over a dozen years the provisions on mediation have been in force, it has provided many observations and conclusions regarding their functioning.

Trump will reshape US legal landscape for years

2018 ◽  
Keyword(s):  
Federal District ◽  
The United States ◽  
Appellate Courts ◽  
Donald Trump ◽  
Content Type ◽  
Judicial Appointments ◽  
Federal Judiciary ◽  
Deferred Action ◽  
The Supreme Court ◽  
The Impact

Subject The impact of judicial appointments. Significance President Donald Trump is having a dramatic effect on the federal judiciary, the same which in a January 9 California ruling frustrated his aim of ending the Deferred Action for Childhood Arrivals scheme that protects immigrants who were brought to the United States illegally as children. Trump’s most notable success to date is Neil Gorsuch’s appointment to the Supreme Court, ensuring a conservative majority there. Trump has also initiated a significant transformation of the federal district and appellate courts towards conservative jurisprudence. Impacts The lack of diversity among Trump’s judicial appointments so far could see mounting distrust of the judiciary and legal system. Trump-appointed judges will likely make conservative judicial decisions against civil and workers’ rights and the environment. The new judges will likely make conservative judgements for business deregulation and on trusts disputes and trade policy. Only if the Democrats take control of the Senate in November will they be able to push for more liberal judicial candidates.

What Do Trial Judges Cite? Evidence from the New South Wales District Court

2018 ◽  
Vol 41 (1) ◽  
Author(s):  
Russell Smyth
Keyword(s):  
New South ◽  
New South Wales ◽  
District Court ◽  
Appellate Courts ◽  
Trial Court ◽  
Secondary Sources ◽  
South Wales ◽  
Trial Judges ◽  
Citation Practice ◽  
Court Of Appeal

This article examines the citation practice of the New South Wales District Court, using all decisions reported on AustLII/Caselaw NSW decided between 2005 and 2016. This study is the first to examine the citation practice of an ‘inferior’ trial court. The study suggests some important differences between the citation practice of the New South Wales District Court and what existing studies have found about the citation practice of superior courts in Australia. The proportion of citations to decisions of the High Court and New South Wales Court of Appeal is higher than in the superior courts. The proportion of citations to the Court’s own previous decisions are lower than in the superior courts. The proportion of coordinate citations to courts in other states at the same level in the judicial hierarchy are extremely small. The Court cites fewer secondary sources than is the case in the appellate courts.

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