<P> There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"--before submission to the judge or jury for final consideration . These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial . Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case . Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial . </P> <P> Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement . If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file a voluntary dismissal, so that the settlement agreement is never entered into the court record . </P> <P> The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records . In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing the punishment . In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision . </P> <P> After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court . It isn't necessarily an automatic appeal after every judgment has been made, however, if there is a legal basis for the appeal, then one has the right to do so . The prevailing party may appeal, for example, if they wanted a larger award than was granted . The appellate court (which may be structured as an intermediate appellate court) and / or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses--or vacates and remands . This process would then involve sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial . Some lawsuits go up and down the appeals ladder repeatedly before final resolution . </P>

Who decides the outcome in civil and criminal cases