Business Studies

What legal course of action may the plaintiffs or the defendants take when they lose a case filed against them?

Use legitimate website(s) or source(s) to find a case in which the plaintiff or defendant took the actions discussed in the question above. You should summarize the original case, along with the second action taken. Great sources for case reviews and information include: Harvard Law Review, Business Week, Forbes, Entrepreneur, etc.
Submission Method:

You should summarize the original case, giving as many details as possible as if the person reading your summary had never previously heard of the case. The length should be at least one page, double spaced with 12 point font.
You should summarize the second action taken, again, giving as many details as possible as if the person reading your summary had never previously heard of the case. The length should be at least one page, double space with 12 point font.
For citations and references, you must use APA format.
Due Date: Saturday of Week 2 at 11:59PM

ANSWER

Legal Courses of Action

Legal Courses of Action

The available legal course of action for a plaintiff or defendant who has lost a case filed against them is taking the case for an appeal at a higher court. For a case appeal, there has to be a legal basis for it to be filed. In civil cases, both the plaintiff and the defendant have the right to an appeal in case they lose a case against them. In criminal cases, however, only the defendant has the right to an appeal. Defendants in criminal cases can file a writ of habeas corpus in federal courts after they have exhausted all their rights of appeal at state-level courts, where their federal constitutional rights have been violated. Upon applying for an appeal, the higher court can affirm the conviction at the trial court, remand the case back to the trial court for additional proceedings, or reverse the conviction and remand back the case to the trial court for a fresh trial.

An example of a case in which the plaintiff or defendant took the case appeal action after losing is Sampson v. Channell (1940). In this case, the defendant’s Testator collided with the Sampsons (plaintiff) while both were driving (Singer, n.d.). The Sampsons, husband and wife, were both injured in the collision. The wife filed a negligence case in a federal district court in Massachusetts against the defendant. The jury was instructed by the district court on Maine Law, which stated that the burden of proof regarding contributory negligence was on Sampson to sow that his actions did not contribute to causing injuries (Cohen, 1940). The court held for Channell on the issue of contributory negligence, entering a judgment in favor of the defendant. Sampson later appealed based on an argument that Massachusetts Law determines the burden of proof.

References

Cohen, M. (1940). Burden of Proof in Federal Conflict of Laws Situations–Sampson v. Channell. Wash. ULQ, 26, 244.

Singer, J. W. (n.d.). Sampson v. Channell. Harvard Law H20. https://opencasebook.org/cases/3834/.