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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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"Reversible error" | 227 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
How can there be Justice when the evidence is not presented? n/t
Authored by: Gringo_ on Friday, August 03 2012 @ 12:37 PM EDT
No evidence = no justice

[ Reply to This | Parent | # ]

"Reversible error"
Authored by: Kevin on Friday, August 03 2012 @ 02:12 PM EDT

IIRC, the other courts have agreed that the legal arguments are subject to review, but that the Rules require that the legal argument be made first before the trial court. (I assume because the trial court may have to make findings of fact to support/reject the legal argument). [....]

But Koh has rejected allowing Samsung to even make the legal argument.

Nice Catch-22 there. Samsung is precluded from advancing its argument before the trial court, and by virtue of not having advanced it before the trial court, it cannot be heard on appeal, either. Sounds like hte judicial version of "La, la, la, I can't hear you!"

---
73 de ke9tv/2, Kevin (P.S. My surname is not McBride!)

[ Reply to This | Parent | # ]

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