When appealing a judgment in Missouri, the appealing part must demonstrate that he or she raised the relevant issues before the trial court. Indeed, “[a]n issue that was never presented to or decided by the trial court is not preserved for appellate review.” State v. Davis, 348 S.W.3d 768, 770 (Mo. 2011). The reasoning for this…
Legal Articles
Curative and Cautionary Instructions
In jury trials, attorneys will sometimes push the envelope and saying something legally improper that should not be considered by a jury. It is not uncommon for the judge to issue a curative or cautionary instruction asking the jury to disregard the objectional material. Cautionary or curative instructions are accepted and well-respected in Missouri. French…
Right to Jury Trial; Jury Trial Waiver
Both the Missouri Constitution and US Constitution guarantee the right to trial by jury in certain cases. In Missouri, the right to a jury trial is “implied in all cases in which an issue of fact, in an action for the recovery of money only, is inolved, whether the right is one at common law…
Punitive Damages, Remittitur
One of the reasons settlements are favored in litigation is because there is much uncertainty involved in trials. This is true for trials tried to a judge or a jury. It is difficult, if not impossible, to predict what the judge or jury will consider to be important and how he/she/they will react to a given…