Week
7 PowerPoint Presentation Script – Post-Trial Practice
In this lecture we
will discuss post-trial practice.
Appeal courts do not
exist to ensure a perfect result in every case. Instead, the role is
to correct any mistakes made by the trial court that negatively
affect one or more parties. Therefore, a party cannot appeal an issue
unless that issue was resolved adversely to the party’s interest. In
addition, a party who fails to give the trial court the chance to
rectify the problem ordinarily cannot appeal.
Fed. R. Civ. P. 59
provides a post verdict device in the form of a motion for a new
trial. Rule 59 does not give much guidance on the basis for new
trials in federal court. It states that a new trial may be granted
to all or any of the parties and on all or any part of the issues:
(1) in an acti
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