QUESTION
What standard of review should be used in this appeal?
Asked on Nov 11th, 2012 on Civil Litigation - South Dakota
More details to this question:
The alienation of affections claim was lost by a directed verdict for the Defendant. I have appealed the alienation of affections claim directed verdict. I think a jury should have heard the case.
1 ANSWER
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1 Award
The standard of review is essentially de novo -- in order to prevail on appeal, you must show that a reasonable jury could have found in your favor. That means that you must have offered at least colorable proof on each element of your claim. Without knowing how your claim was dismissed, it is impossible to express a further view on the likelihood of success on appeal.
Answered on Nov 12th, 2012 at 7:44 PM