Pamela sues Darin in Texas state court alleging that Darin severely injured her in a car accident. In preparation for the trial,
Pamela (and her attorney if she has one), try to locate a particular witness to the accident, but are unsuccessful. At trial, the court rules in favor of Danny. Pamela is upset and manages to locate the witness about a week after the trial. The witness can testify that they saw Darin driving erratically and that he clearly caused the accident. If Pamela appeals the case, which of the following are true?
If Pamela appeals the case in order to include the witness who saw Darin driving, it is possible that the appeals court will not take the witness's testimony into account.
<h3>What happens if Pamela appeals?</h3>
Appeals courts are not there to retry a case or to give the case a new trial. Their purpose is to check if there were errors in the way the lower court handled the case.
This means that they often do not take new witness testimony into account. What this means for Pamela is that even though she has a new witness, the appeals court might not consider the testimony of the witness because they were not used in the first court.
Make no recommendations and let the sellers decide on their own. Tell the sellers exactly how she feels and why she thinks the offer is not a good one.
