Questions tagged [appeal]
Processes for judicial review of judicial decisions
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Does a county court circuit judge’s decision in Birmingham bind a district judge in London?
They are more senior but in a different region of the English “county court.”
So how does this work?
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what courts are bound by the decisions of the privy council?
Which levels of other courts are its decisions binding or not binding on, if English courts don’t actually appeal to it?
To rephrase the question for greater clarity: Essentially, of courts that don’t ...
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What’s the difference between a trial court and a court of first instance?
In a recent discussion thread one was defined as apparently rather nearly the same thing as the other prompting me to ask what is the difference between them.
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What parts of the Code of Criminal Procedure deal with appeal from a sentence?
I've been browsing through the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc) and there doesn't seem to be any provision for appeals from sentencing (reduction) there seems to be ...
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Is a Request to Stay Case Pending Appeal Considered an Equitable Remedy in the USA?
A request for injunctive relief is an equitable remedy and courts have broad discretion in granting or denying it.
Is a request to stay case pending appeal also considered an equitable remedy?
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What's the Standard to Request a Stay Pending Appeal In State Court?
The standard to request injunctive relief is 1) likelihood of success on the merits and 2) irreparable harm and 3) balance of hardships and 4) public interest
Is the standard the same when one party ...
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Is a precedent of the Upper Tribunal binding on a county court?
It is said to have the equivalent status of the High Court, so that would suggest yes. And yet, it is not a proper court, so to speak, so what is the status of its decisions on lower courts that are ...
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How often can you appeal a rejection of the appeal(s) made? [closed]
How often can you appeal a rejection of the appeal(s) made regarding a penalty fare notice?
The appeal is appealing to the good nature and sense of humanity and justice, as the initial appeal was ...
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Waiver of a Right During Appeal When the Lower Court Rules that such a Right Does Not Exist?
Let's say two parties enter into an arbitration agreement and one of the parties seeks to enforce the arbitration agreement while the second party seeks to annul it. The two parties appear in court ...
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Denial of a motion to compel arbitration
When a motion to compel arbitration is denied in a lower court and the defendant files an appeal, does that automatically stay proceedings in the lower court?
Since the rules and laws can vary from ...
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Can you appeal a case after a higher court renders a favorable opinion about a law?
In the U.S. Supreme Court's case, 'Monasky v. Taglieri', an opinion was rendered regarding how jurisdiction findings related to 'Habitual Residence' under the Hague Convention are determined.
Could ...
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If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
Say Adam the accuser is taking Dave the Defendant to court. If Dave loses in his local district, I've heard that he can appeal the decision and be re-tried in a higher court (all the way to the ...
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Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
I know that often a potential juror who is a lawyer, or anyone with direct expertise relevant to a case, will be removed by one side or the other. However, this doesn't always happen, if for example ...
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What is the status of Meta's fine for breaking the EU privacy laws during the appeal?
Today it was in the news that Meta (owner of facebook) was fined 390 million Euros for GDPR violation by the Irish data protection officer. They were also told they have 3 months to change their user ...
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How is the practice of non-publication of appeal-court opinions of states and the U.S. not in violation of the Fifth and Fourteenth Amendment?
Defendant A is deemed not liable in a suit in light of the facts of the case, fact A, B and C for damages at appeals, but the opinion of the U.S. Court of Appeals for the Nth Circuit is officially ...
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Can Prince Philip's will be unsealed before 2111?
His will was sealed for 90 years when he died, and the Guardian's appeal failed.
Can someone else do a different appeal and get it unsealed?
Is there any way it will be unsealed before the 90 years is ...
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How to resolve a conflict between deadlines for state-court appeals and removal to federal court?
Plaintiff sues defendant under state law in state court.
On January 1, the court issues an order that would give rise to an interlocutory appeal by the defendant. Assume defendant has 30 days to file ...
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What California appellate court case is this call-privacy case?
I am looking for a case where a California appellate court made a factual analysis if the state's confidential communications statutes, Pen. Code § 632, et seq., was applicable where the call was too ...
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Limits on sources of fact or law for a court (incl. appeal)
There are specific rules for introducing sources of fact in a normal (first-instance) trial, either through evidence or through witnesses, with constraints around hearsay, etcetera. A fact (or an ...
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Comments on Rafaela Espinal v. New York City Department of Education et al
I am following up on an old court case that was reported in the news last year that stated:
Rafaela Espinal, a Dominican-American woman, claims in court filings she was abruptly fired from her job as ...
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Can errors in a Judge's decree allow the appealing party to appeal after the appeal time has elapsed?
In Iowa, can errors in a decree by a district Judge allow the appealing party to appeal past the normal appeal period?
Without revealing the specific codes referenced in the Iowa Code library, the ...
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Can a judge's decision to admit or not to admit "character evidence" under Wis. Stat. § 904.04 be challenged (on appeal)?
In the heated exchange between the judge and prosecutor (see 2nd video here) in the Rittenhouse trial, the judge says that he admitted "90404" evidence in other trials that the defendant was ...
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The rule of issue preservation for appeal
In the US, there is a Rule of Issue Preservation: you must raise ("preserve") an issue before the court to later have opportunity to appeal on that issue.
I am trying to find out whether ...
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Is there a time limit for when you can make an appeal to a court's decision in the United States?
Is there a time limit for when you can make an appeal to a court's decision in the United States? Is there a time limit or you can make an appeal 30 years after the case was decided by the court? I am ...
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If you win a family court appeal in MS can you request another judge?
If a person wins an appeal in MS family court due to no guardian ad litem being appointed when allegations of child abuse are made known does the appellant have grounds to request another judge or ...
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Are You Entitled To Release From Prison If All Of Your Accusers Recant Their Testimony?
There's no physical evidence that a man convicted of a murder in Addison, Ill. is guilty. Instead, his conviction is mostly based on the testimony of three friends, all of whom later recant.
May a ...
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To which court can you file an interlocutory appeal from a superior court in California?
To the California Court of Appeal of the [ordinal number] District or to the United States District Court for the [geographic jurisdiction] District of California?
If both, is any of them almost ...
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Are unprotected-speech classifications questions of law or questions of fact?
Only a few categories of speech are unprotected by the First Amendment:
advocacy intended, and likely, to incite imminent lawless action, see Brandenburg v. Ohio, 395 U.S. 444 (1969);
obscenity, see, ...
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Why and when did some American appellate courts add an 's' to the word 'Appeal' in their title?
In England & Wales and most of the Commonwealth, the title of an appellate court is the Court of Appeal. The word 'appeal' is singular because it describes the purpose of the court in contrast to ...
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On what grounds could threats of civil unrest overturn the results of a trial?
On Saturday, April 17, 2021, United States Congresswoman Maxine Waters called for protesters to “stay on the street” and “get more confrontational” if former Minneapolis police officer Derek Chauvin ...
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Who can overrule a court's finding of contempt?
A judge has authority and broad discretion to incarcerate people for contempt-of-court.
Who, besides the judge who holds a person in contempt, has authority to overturn a finding of contempt or an ...
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What happens if a judge renders a wrong verdict by misinterpreting the law?
There are probably numerous instances, but I'll use the one I'm most familiar with.
You sue a debt collector for violating your rights, as illustrated in the linked video.
There is a 12 month statute ...
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Can you take decisions of mental health tribunals to the High Court or the Court of Appeal in the UK?
My Legal Skills book by Stefan Fafinski and Emily Finch, says it's possible to take decisions based on tribunals for: immigration, social security, child support, pension, tax, and land to:
High ...
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How do US appellate courts know the facts of the case?
My understanding is this: In the United States, in a jury trial the jury is the finder of fact, but they are not invited (or permitted) to share any of their findings beyond guilty/not guilty. I also ...
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Can a denied motion to intervene be appealed in itself?
From Wikipedia's article on intervention:
Rule 24(b) provides for permissive intervention, which is subject to the discretion of the judge hearing the case.
If the judge hearing the case denies a ...
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When Is The Evidence In A Mississippi Custody Case Insufficient To Be Sustained On Appeal?
If a judge hands down a decision to give a defendant custody based on a child being possibly autistic via therapist speculation without the child being officially tested for autism is this good ...
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Can an appellate court overturn part of a decision not appealed against?
Bob litigates against Rob. The case boils down to resolving two questions of law: X (rather critical to Bob) and Y (not so critical). The two questions are separate/isolated, although both are highly ...
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In the UK, under what circumstances is the prosecution not allowed to appeal?
I'm currently reading Tom Bingham's The Rule of Law, it says:
Thirdly, the Attorney General can seek leave to refer a sentence to the Court of Appeal as unduly lenient. Occasional cases had arisen in ...
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If a judge evidences a misunderstanding of the law is that grounds for an appeal?
In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
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Appeal rights loss if refuse to be served?
If a defendant refuses to be served, can the plaintiff file a motion (?) so that the defendant loses their rights to make an appeal of the judgment?
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If an allegation is approved, does it mean that the statistics cited in the allegation is correct?
For an example excerpt, see the Schwake v. Arizona case, page 15:
The University contends that the allegations of genderbased decisionmaking are conclusory because they lack the detail of the ...
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How does Judge Sullivan have standing?
As I understand it, Judge Sullivan is appealing a writ of mandamus in the Flynn case.
As the Supreme Court has interpreted the Federal Constitution as having a case or controversy requirement that ...
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If an appeals court orders a lower court to throw out a case, can this be appealed by the lower court?
Background
On June 24th, 2020 in a 2 - 1 vote, a Washington appeals court ordered Judge Emmet Sullivan to throw out the case against Michael Flynn because both the prosecution and the defense wanted ...
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Has anyone dealt with issues with non-compliance of CRC 8.124(c) in California appellate cases?
The appeal proceeds with 8.124 appendix. The opposing party / counsel (appellee) has been withholding trial exhibits (which were returned after the trial). A 8.124(c)(2) notice was filed in the ...
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Reversing (overturning) vs remanding (remitting)
When a higher (appellate) court finds that a lower court erred in law, there are two possible outcomes:
The lower court's decision is reversed / overturned and replaced with a new one.
No new ...
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Can the trial court's jurisdiction over new trial motion be extended by itself on the basis the court "tolled statutory time limit" due to COVID-19?
This is a family court DV case in CA, which a trial was held and both parties prevailed in prosecution but failed in defense. After the trial, a party timely filed a new trial motion seeking a new ...
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Federal judge sets aside jury verdict
In a recent case involving an accusation of extortion, a Federal judge set aside a guilty verdict by the jury.
Why was the case even being heard by a judge, rather than an appellate court?
From the ...
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Has the United States Supreme Court ever heard an appeal directly from a state court of first instance?
I was inspired to ask this question after noticing that Robinson v. California was an appeal from a state appellate court directly to the Supreme Court. Thus the Supreme Court “skipped over” the ...
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Can I appeal to the court against an arbitration?
If I have a dispute and arbitration is suggested, I have a number of questions:
Can I be compelled to arbitrate?
If I don't think the tribunal has jurisdiction, what can I do?
If I disagree with the ...
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When not to participate in a civil case appeal
Suppose a party files a notice of appeal and gets an appeal brief due date and properly responds however the intended appellees ignore the notice of appeal aka do not respond to the notice of appeal - ...
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