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To: MTBobcat
“ Much easier to appeal a bench verdict.’

Is it? Not sure how.

25 posted on 10/02/2023 10:58:41 AM PDT by circlecity
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To: circlecity

Under NY law, the parties in a civil action are allowed to submit to the judge proposed findings of fact and conclusions of law, which allows counsel an opportunity to define, if not control the narrative. In addition, the trial judge is required to articulate the factual basis for its decision.

With few exceptions, jurors are not required to justify their verdicts, and even if the trial judge or appeals court disagrees with the verdict, it will allow the verdict to stand, even if it would have reached a different conclusion.

In other words, judicial decisions resulting from a bench trial are much more transparent than jury verdicts and as a result, there is a greater chance of overturning a bench decision than a jury verdict on appeal..


36 posted on 10/02/2023 11:19:03 AM PDT by Labyrinthos
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To: circlecity

Much easier to get a reversalon a guilty verdict if tried by a judge. With a jury verdict, an appellate court gives great weight to the jury decision because they heard the evidence.

With a judge, you can attack the findings of fact and conclusions of law much more easily because the judge must write them out when delivering a verdict. A jury doesn’t have to do that.


83 posted on 10/02/2023 2:45:33 PM PDT by WASCWatch ( WASC)
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