When may an appellate court overturn a trial court decision


1. Describe the three-tiered system of the U.S. Federal Courts. How do the trial courts differ from appellate courts? What happens when a Federal Court and State Court conflict on a point of law?

2. What differentiates Accession from Confusion? Who becomes the ultimate property owner through Accession? Does the doctrine of Confusion always leave ownership with the same party?

3. What is ADR in the court system? How does arbitration work? In what manner does arbitration differ from mediation?

4. Set forth the distinctions between real property and personal property. What are the fundamental distinctions? Can real property become personal property and vice versa? What characterizes a fixture? How does tangible property differ from intangible?

5. When may an appellate court overturn a trial court decision? What are the appropriate formal names of the parties when a case has been appealed? Are many trial court decisions overturned because the appellate court questions the findings of fact of the trial court?

6. How does In Personam Jurisdiction differ from In Rem Jurisdiction? What determines proper Venue in an action? How does Venue differ from geographical Jurisdiction?

7. What are the elements required to prove a legally binding gift of personal property? Must a binding gift require actual delivery? Can a donee disclaim a gift?

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Business Law and Ethics: When may an appellate court overturn a trial court decision
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