US Ranks 41st worldwide in infant mortality, 42nd in life expectancy

Ahh yes the usual resort to playing word games. When you have not got a leg to stand on redefine meanings and obfusicate the issue.

I'll take it thats a no, you don't realize the difference.

Obviously, while he may have disagreed with the verdict, he did NOT think it had no legal grounds as he sustained the verdict . Hence putting the lie to your idiotic claims that he didn't have the power to do so.
 
I'll take it thats a no, you don't realize the difference.

Obviously, while he may have disagreed with the verdict, he did NOT think it had no legal grounds as he sustained the verdict . Hence putting the lie to your idiotic claims that he didn't have the power to do so.

no explain it to us oh wise blue state voter....
 
In North Carolina cases involving anything over 10,000 dollars are heard in Superior Court. In Superior Court when a Jury is used, a Judge may NOT set aside a Jury decision. The Judge does have the power to determine sentence and alter jury awards though.

Thus in the case of the malpractice suit the Judge had no power to set aside the Verdict. he did however have the power to alter the damages awarded, in this case he did so citing a lack of evidence to sustain the award and THE DECISION. The final award was less then the Jury authorized but more then the Judge recommended, which suggests ( without reading the case) that either arbitration occurred or appeal occurred.

I am having trouble finding the applicable State law in question ( or laws) what I do have is a PDF file that in side it states that in Superior Court Juries make the decision on "guilt" or "innocence" and Judges determine the punishment.

http://www.attorneygates.com/images/introlawnc.pdf

It is down a bit in a section titled State Courts.
 
In North Carolina cases involving anything over 10,000 dollars are heard in Superior Court. In Superior Court when a Jury is used, a Judge may NOT set aside a Jury decision. The Judge does have the power to determine sentence and alter jury awards though.

Thus in the case of the malpractice suit the Judge had no power to set aside the Verdict. he did however have the power to alter the damages awarded, in this case he did so citing a lack of evidence to sustain the award and THE DECISION. The final award was less then the Jury authorized but more then the Judge recommended, which suggests ( without reading the case) that either arbitration occurred or appeal occurred.

I am having trouble finding the applicable State law in question ( or laws) what I do have is a PDF file that in side it states that in Superior Court Juries make the decision on "guilt" or "innocence" and Judges determine the punishment.

http://www.attorneygates.com/images/introlawnc.pdf

It is down a bit in a section titled State Courts.

I believe you are wrong. In North Carolina Superior Court, a judge has the authority to set aside the verdict and order a new trial. The pdf. that you referred to states that only juries may decide that a defendant is guilty in a criminal trial. It says nothing about a judge's ability to set aside a civil judgement if it is against the weight of the evidence.

See N.C. Rule of Civ. Proc. 50, 59.

Also, here is a snippet from a North Carolina court case on the issue. The legal cite is In re Buck, 350 NC 621 (July 23, 1999)

"This appeal requires that we reconsider the standard to be used by an appellate court in reviewing the evidence before the trial court at the time of its ruling on a motion for a new trial under Rule 59(a)(7) of the North Carolina Rules of Civil Procedure for insufficiency of the evidence to justify the verdict of a jury. N.C.G.S. § 1A-1, Rule 59(a)(7) (1990). Specifically, we must determine whether the appellate courts must apply a different standard for reviewing such evidence when the trial court grants a new trial than is to be applied when the trial court denies a new trial. We conclude that the evidentiary standard to be applied on appellate review is the same in each instance."

[Break]

"Rule 59(a)(7) authorizes the trial court to grant a new trial based on the "insufficiency of the evidence to justify the verdict." N.C.G.S. § 1A-1, Rule 59(a)(7). We have previously indicated that, in this context, the term "insufficiency of the evidence" means that the verdict "was against the greater weight of the evidence." Nationwide Mut. Ins. Co. v. Chantos, 298 N.C. 246, 252, 258 S.E.2d 334, 338 (1979). The trial court has discretionary authority to appraise the evidence and to "'order a new trial whenever in his opinion the verdict is contrary to the greater weight of the credible testimony.'" Britt v. Allen, 291 N.C. 630, 634, 231 S.E.2d 607, 611 (1977) (quoting Roberts v. Hill, 240 N.C. 373, 380, 82 S.E.2d 373, 380 (1954)). Like any other ruling left to the discretion of a trial court, the trial court's appraisal of the evidence and its ruling on whether a new trial is warranted due to the insufficiency of evidence is not to be reviewed on appeal as presenting a question of law. Id. at 635, 231 S.E.2d at 611."

"The trial court's discretion to grant a new trial arises from the inherent power of the court to prevent injustice. Britt, 291 N.C. at 634, 231 S.E.2d at 611. In Britt, Chief Justice Sharp explained that the trial court's discretionary authority to set aside a verdict was a traditional authority vested in the court which was not diminished by the adoption of the Rules of Civil Procedure. Id. at 635, 231 S.E.2d at 612. In fact, the General Assembly has "no power" to deprive the courts of this inherent authority. N.C. Const. art. IV, § 1. Rather, the procedure for exercising this discretion was merely codified in Rule 59, which lists grounds on which a trial court may grant a new trial. Britt at 635, 231 S.E.2d at 612."

http://www.aoc.state.nc.us/www/public/sc/opinions/1999/428-98-1.htm
 
I notice larkinn vanished when I posted this information. But now I am sure he will be right back.

The Judge STATED for the record that the Jury decision was in his opinion in error due to a lack of evidence. THAT is a recorded fact.
 
I notice larkinn vanished when I posted this information. But now I am sure he will be right back.

What?

The Judge STATED for the record that the Jury decision was in his opinion in error due to a lack of evidence. THAT is a recorded fact.

However, he did NOT feel that it was so incorrect as to overturn the jury. This is also a fact.
 
can you the stop the america bashing please. Its really disgusting.

I wish their was a rule, every time you bash america, you have to say something nice about it. Some people actually think america is worse then iran.


Disgraceful. Richest nation on the planet, and our infant mortality and life expectancy is on a par with developing countries:
 
can you the stop the america bashing please. Its really disgusting.

I wish their was a rule, every time you bash america, you have to say something nice about it. Some people actually think america is worse then iran.

Thats what libs do... They hate America
 

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