Consider the Appeal Process:
(NOTE: The Federal Rules
Consider the Appeal Process:
(NOTE: The Federal Rules of Appellate Procedure govern procedure in the United States Courts of Appeals. Originally adopted in 1967 by the United States Supreme Court, the rules are updated annually in March, with the changes taking effect in December of each year.)
The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.
An appeal is available if, after a trial in the U.S. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. Generally, on these grounds, litigants have the right to an appellate court review of the trial court’s actions.
Before lawyers come to court to argue their appeal, each side submits to the court a written argument called a brief. Briefs can actually be lengthy documents in which lawyers lay out the case for the judges prior to oral arguments in court. The panel of Judges can study the brief's and if they deem the decision incorrect, can stipulate that it would be a waste of time and reverse the ruling of the lower court and award damages to StrikeForce.
In the ruling by the Judge in California, he made no reference to any legal precedence or ruling. Instead, he made reference to the Romans, really???
It is My Opinion that Ropes and Gray will prevail, lets wait and see how they do with the brief.
16
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