WTBS and Appealing a Civil Judgement

by truth_b_known 10 Replies latest watchtower scandals

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  truth_b_known

  In light of the Candice Conti civil trial against the WTBS and the pro-Jehovah's Witness/Apologist comments posted on various news websites, I thought I would give a simplified explanaition of what is involved in appealing the outcome of a trial in the courts of the United States.

  A trial, whether criminal or civil, usually ends with a verdict rendered by a jury. In a criminal case the verdict is Guilty or Not Guilty. That same jury may decide the punishment in the event of a Guilty verdict.

  In a civil case a jury must decide based on the evidence whether the Defendant is guilty of damaging the plaintiff. As in a criminal case, the jury may also decide what damages the Defendant must pay the Plaintiff and, depending on the case, whether or not the Defendant must pay any punitive damages. Punitive damages are usually ordered in cases where the Plaintiff proved malice on the part of the Defendant. That is to say, the Defendant did what they were accused of and that they knew it was wrong.

  An Appeal is a request by the losing party in a case to a higher court for the purpose of having the lower court's decision overturned. The end result comes in one of three possibilities: 1) the higher court grants the Appeal and the decision is reversed and the case is disposed of or 2) the higher court grants the Appeal and a new trial is ordered or 3) the higher court denies the Appeal.

  Appeals are usually based on the law and not on the facts of the case. A Judge is the judge of the law and the jury is the judge of the facts of a case. Appeals are usually based on the claim that the judge presiding over the case either sustained or overruled one of the party's objections in regards to evidence being admitted. Evidence either being witness testimony or exhibits.

  The bottomline is this: An Appeal is basically the losing party complaining to a higher court that the jury would have ruled in their favor if the judge had either prohibitted certain evidence from being admitted or had allowed evidence to be admitted in accordance with statutory law or case law.

  An Appeal is not a higher court ruling Guilt or innocence based on the facts of the case. Usually...
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  Phizzy

  Thanks tbk, the whole thing will probably hinge on the WT's insistence that they cannot be held responsible because the Elders are not their "agents" but act on their own.

  We know that to be the exact opposite of what is true, and any Lawyer worth his fee should be able to shoot that one down, the truth is that had the WT written a decent protection policy and instituted a programme that carried it out, Candace Conti would not have suffered.

  The WT still has to write such a policy, and to implement such a programme, hence they will face many more law suits that will no doubt be successful.
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  Refriedtruth

  Bump valuable info on round 2
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  mind blown
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  nugget

  Thank you for the clarification.
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  Lurker555

  I don't get that in a public magazine, either Awake or WT, I don't remember now says that

  a man guilty of child abuse can never have any special privelages of service but the elder

  manual says "likely will diqualify him for many years".

  Their Guilty.
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  rix

  The attorney for Candice Conti was on a call with Six Screens and answered many questions. You can listen to it, in the archives even though it was only last week. I can't understand why this is not all over the T.V. news. Erin Burnet (Out Front) made a comment about the Catholic Church and sexual abuse just the other evening. Does anyone know why this story is being hidden?
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  Dagney

  Watchtower and Jehovah's Witness are a small, odd fringe group in the scope of the world. They don't vote or get involved with anything of importance to anybody else, so any news of them is just a story for the day. If Candace starts making the rounds on news or talk shows, maybe more commentary will be forthcoming in the media.
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  james_woods

  If Candace did this, it would hurt them far more than the 20-X million dollars (which they can replace from their members donations).
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  Billy the Ex-Bethelite

  I'm hoping for... 3) the higher court denies the Appeal.