Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

If public policy bars a plaintiff from recovering on a

contract, would that be an...
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
12/29/2017
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,929
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question

While illegal contracts and contracts against public policy can be voided by the court, the appellate court only has jurisdiction over issues that were raised at trial. So if a party fails to object to the legality/public policy concerns of a contract, they cannot raise it on appeal as that would be a new issue, and the idea of the appellate court is to review mistakes of law as made by the lower court, not to provide a new venue to relitigate new issues.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Legal Question
Customer reply replied 1 month ago
since my third party complaint and counterclaim raise issues of violations of Wis. Admin. Code ATCP 110, Wis. Stat. 100.20, and the affirmative defenses: lack of standing, failure to state a claim, contract is unenforceable, the aforementioned would allow for this issue on appeal?

Yes, if one alleges there was a mistake of law that related to that issue, then the appellate court would be able to hear the case and either uphold the decision, reverse it, or remand it for the lower court to reconsider.

Ask Your Own Legal Question
Customer reply replied 1 month ago
long as the allegations stated were within my pleadings, I can raise the issue on appeal because they were before the court based on my pleadings. Correct?

As long as they were raised in the pleadings and a party can assert a mistake of law;

the judge must have made a legal error in order for the appellate court to hear the case. The legal error must relate to the subject matter being appealed.

So if it was raised in the pleadings and no legal error occurred, there would be no basis for an appeal.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Where a matter is properly raised in the trial court by the pleadings, evidence, motions, or appropriate requests for rulings, it is sufficiently presented for review on appeal. Within this rule, ‘properly raised’ means that the questions must have been timely called to the attention of the lower court, and this rule has been applied to affirmative defenses. As this rule is ordinarily a rule of practice, it need not be rigidly followed, and a mere failure to make the exact motion to technically raise the issue or point should not prevent a review thereof...” 4 C.J.S., Appeal & Error, pp. 751-755, sec. 243; Posnanski v. Hood, 46 Wis. 2d 172, 174 N.W.2d 528 (1970).Does the above allow for review of the issue my question pertains based on my affirmative defenses and claims even if I did not file a motion?

That can be cited in support of; but if there is no reversible error of law (by the court) then the appellate court does not have jurisdiction.

Does that make sense?

Ask Your Own Legal Question
Customer reply replied 1 month ago
Not granting my motion to dismiss after the close of plaintiff's evidence and not granting my directed verdict would be reversible error. Correct?

It would depend on the facts of the case; that would only be determined after reviewing the entire case history.

If the judge had a legal basis for not granting a motion to dismiss, or not granting a directed verdict, and there was no error made in the denial then that would not be reversible error.

The party appealing needs to assert the fact that the judge did that would give rise to an appeal.

This explains the process:

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals.html

As you can see it is very complex and very few parties will attempt an appeal as a self represented litigant; some attorneys focus solely on appellate law.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,929
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,929
11,929 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I a divorce in NY can I file a motion to dismiss if I have
I a divorce in NY can I file a motion to dismiss if I have not been notified that a RJI was filed and the preliminary conference date set then changed by the plaintiff's attorney. The clerks docket ha… read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
Can a defendant file a motion to dismiss in a domestic
Can a defendant file a motion to dismiss in a domestic relation cas in Alabama … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Verdict from arbitrator an marshall collecting garnishing
verdict from arbitrator an marshall collecting garnishing wages. wasnt told what he was suing for b started w arbitraatorf didnt listen 2 me or look my evidence just told plaintiff has nothin wrry abo… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a motion to dismiss under 12 6 and 12 5,, the judge
I filed a motion to dismiss under 12 b 6 and 12 b 5,, the judge denied the motion on 12 b 6, however, stated that the plaintiff serve or file proof of service by a certain date. The plaintiff did neit… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If a debtor in a chapter 11 files a motion to dismiss their
If a debtor in a chapter 11 files a motion to dismiss their bankruptcy case, and if the motion is granted by the bk court, when can the same debtor file for a new bankruptcy case? I am looking to unde… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
A counterclaim needs a response before trial? Bc we do not
a counterclaim needs a response before trial? Bc we do not even have a date yet. And that response goes to the court, right? What is it called? ie their answer says "defendants' original answer and co… read more
Lori
Lori
Juris Doctor
634 satisfied customers
IN THE NY STATE APPELLATE DIVISION COURT THE RULE OF R
IN THE NY STATE APPELLATE DIVISION COURT THE RULE OF R 670.10.2 (6 ) (i ) states Exhibits which are relevant to a cause may be omitted upon a stipulation of the parties which shall contain a list of t… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can you tell me how to respond to a motion to dismiss I am
please can you tell me how to respond to a motion to dismiss I am the plaintiff … read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have an affirmative defense question. CA. Not sure
Hi, I have an affirmative defense question JA: What state are you in? It matters because laws vary by location. Customer: CA JA: Has anything been filed or reported? Customer: no JA: Anything else you… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
1) I have to answer a motion to dismiss where I am the
Second opinion] Hello 1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what… read more
socrateaser
socrateaser
1,031 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,301 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,832 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KLAW
KLAW
Juris Doctorate
1,851 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
In a motion to dismiss in the State of PA. Do you have
In a motion to dismiss in the State of PA.Do you have request a hearing on this matter or can it be a brief?I have filed motions for extensions in motions court and did not have to schedule anything, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x