What issues can be raised on appeal?

In Nebraska, one of the main issues that can be raised on appeal is a lack of evidence in the trial court. This occurs when the evidence originally presented in the trial court is insufficient to support the verdict or judgment. The appellant might argue that the judge should have excluded certain pieces of evidence or even considered other evidence in the case. Another common issue is an error of law. This occurs when the trial court applied an incorrect rule of law or misunderstood the law as applied to the case. The appellant can make an argument that the court misapplied the law and that the outcome of the case would have been different if the correct rules had been followed. Other possible issues raised on appeal can include possible errors made by the jury. This might include an improper verdict, jury deliberation that was unreasonable, or jury instructions that were incorrect. Additionally, the appellant may argue that their right to a fair trial was violated in some way. This could include the denial of the ability to cross-examine a witness, improper suggestions made by the judge, or improper jury communication. Finally, appeals may also be brought on issues such as biased or impartial judges or insufficient time to prepare for trial. In each of these cases, the appellant will have to present evidence to prove that the issue was present and that it was of such significance that it affected the outcome of the case. If the appeal is successful, the case may be remanded for a retrial or the verdict may be overturned.

Related FAQs

What is the procedure for requesting an en banc hearing?
What is the role of the appellate court in determining the facts of a case?
What is the process for obtaining an order of remand from an appellate court?
What is the standard of review for a motion for a new trial?
What is the standard of review for an appellate court’s decision on an interlocutory order?
What is the appellate court’s scope of review for a jury’s factual findings?
Are parties able to challenge an appellate court’s decision through a petition for rehearing?
What is the process for obtaining an appellate court’s review of a case?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?

What issues can be raised on appeal?

Related FAQs

Related Blog Posts