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The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

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The Facts Have Been Decided

The most difficult thing for people to accept about the appeals process is that usually the only thing that can be reviewed is the way the trial court applied the law to the facts. The facts have already been decided by the finder of fact at the trial. That’s why it’s so important that your witnesses not only tell the truth but are believable when they do it.
There are very rare circumstances when the appeals court will reconsider whether the facts were properly decided. These are few and far between, and generally only happen in the clearest of circumstances. Even if 100 people said that the traffic light was green when the car went through, if one person said it was red, the jury has every right to believe that ...

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