Sei sulla pagina 1di 2

Litigation Concerning Administrative Health Regulations v.

Normal Trials
Normal Trial of Issues in the Criminal or Tort law Both sides present facts on the issues and their view of the law. Regulatory Comment Period and Hearing The regulatory agency presents facts and the law that are appropriate for issuing proposed regulatory health protections. Affected parties may su mit comments! their views of the law and may or may not e a le to present oral arguments at a hearing. The regulatory agency ta&es all its and others' evidence into account and issues a Final Rule that aims to protect the pu lic's $or wor&force's% health. A party that elieves that its concerns have not een properly ta&en into account according to the law in the *inal Rule may choose to appeal. The appellant may appeal --+hether facts were properly considered according to the law! --legal process or --the interpretation of the su stantive law Appellate court reviews issues on appeal and Appellate court reviews procedural and

These issues with legal rulings and "ury instructions go to a "ury for decision! unless it is a ench trial. #ury $or "udge% issues a decision that is then affirmed as the Final Judgment y the court $"udge may in unusual cases issue a "udgment notwithstanding a verdict.% (osing party may e a le to appeal the final decision. $The prosecution may not appeal a verdict of not guilty in the criminal law) defendant may appeal a criminal verdict $in California! it is automatic% oth sides may appeal a tort verdict.% The appellant may only appeal --issues of legal process or --interpretation of law! not fact finding y the "ury $e,cept in unusual instances%.

pu lishes its decision.

su stantive issues and pu lishes its decision.

Potrebbero piacerti anche