I took about 10 hours of law classes in college, it was 2 -3 years ago so I may not be 100% right but, Dana is correct Apeals court is simply a review of the case to ensure no wrong doing was done (over simplification), no new evidence can be submited, but it does seem like you can appeal for a new trial based on the fact that new evidence is available. However if the Judges feel too much was, say cirumstancial they can turn it back to the lower court for a retrail, at which time new evidence can be submited, old evidence can also be thrown out I beleive. If you want to know mroe about these things a quick trip to a college book store will help out greatly. Just find a lower level law class (bussiness law witll cover civil stuff as well) and look for a chapter...the reason I like college text over the internet is 1) it is from a reliable, tracable source and 2) they offer some complelling real world examples and are generally fairly nuetral in interprutations of things...
Adam H On Tue, 29 Mar 2005 21:13:51 -0600, Gruss Gott <[EMAIL PROTECTED]> wrote: > > Dana wrote: > > On appeal you can only say there were problems with the > > original trial. You cannot introduce new evidence. I'd be interested > > in seeing any legal authority you have that says this isn't so. > > > > First, I think that's only for criminal trials and I'm not sure if it > applies to civil ones. Second, I believe the appeal judge can > overturn if she feels the finding was based on incomplete or > inaccurate evidence. > > Put another way, every judge that reviewed the case felt the finding > was based on sufficient and accurate evidence. > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Discover CFTicket - The leading ColdFusion Help Desk and Trouble Ticket application http://www.houseoffusion.com/banners/view.cfm?bannerid=48 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:152308 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
