Asked by Manfred Leung on May 28, 2024
Verified
Anton asked Alex what his chances are regarding an appeal filed in federal court. What should Alex tell Anton?
A) He should tell Anton that a federal appeal looks promising but he would not be able to get double damages.
B) He should tell Anton that the federal appeal looks promising but he would have to prove Tamra was negligent.
C) He should tell Anton that the federal appeal looks good if the law school admits fault in leaving water on the floor.
D) He should tell Anton that the federal appeal is not allowed because there are not enough damages at issue.
E) He should tell Anton that a case from a state trial court would not be appealed to federal court.
Federal Appeal
A legal process in which a party requests a higher court to review the decision of a lower court.
State Trial Court
The court of first instance in a U.S. state that handles both criminal and civil cases, differing from appellate courts.
Damages
Financial compensation awarded by a court to indemnify loss or harm suffered as a result of another party's actions or negligence.
- Acquire knowledge about the restrictions of reviewing appeals, focusing on the appealability of certain decisions and jury availability at the appellate stage.
- Acquire knowledge of the procedural and jurisdictional distinctions for filing and appealing cases within the U.S. legal framework.
Verified Answer
CT
Chutinan ThayaMay 31, 2024
Final Answer :
E
Explanation :
Federal courts generally do not hear appeals from state courts unless there's a federal question or constitutional issue involved. The dispute between Tamra and Anton is a matter of state law (torts and damages), not federal law.
Learning Objectives
- Acquire knowledge about the restrictions of reviewing appeals, focusing on the appealability of certain decisions and jury availability at the appellate stage.
- Acquire knowledge of the procedural and jurisdictional distinctions for filing and appealing cases within the U.S. legal framework.