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Questions tagged [appeal]

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Appeal from a verdict of acquittal in Canada

Supreme court of Canada: R. v. Jarvis This seems to say that the Crown appealed from a verdict of acquittal in a criminal case. It is reported to be a judge, not a jury, that acquitted the defendant. ...
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2answers
137 views

What are consequences for municipal court judges and prosecutors after appeal?

What happens to a municipal court judge and municipal prosecutor if a defendant is found guilty at a municipal trial, but the appeal court reverses the decision and finds the defendant not guilty? ...
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1answer
66 views

Can I ask for disclosure of CCTV to be used in Appeal against Possession order in UK

A district Judge made an unfair and biased possession order to make me homeless despite I provided large volume of evidence such as digitally dated photos, Facebook photos, over than 8 neighbours ...
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1answer
94 views

Can I take my Appeal to Supreme Court in UK if my permission to appeal is refused [closed]

I am appealing a biased, wrong in law and in facts, a Judgement against me in a possession claim that was based on speculation and miss-representation of facts. the District Judge took exactly the ...
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2answers
409 views

Do judges get penalised when their decisions are quashed by a higher court?

In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in ...
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1answer
70 views

Does self-incrimination give way to improving credibility to a court

Take this bizarre scenario, a husbands His wife calls the police on him one afternnon cause he wont leave their marital residence. Police arrive and see a mark on his arm, asked him who did that, ...
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1answer
279 views

Appeal process in UK from District Judge

Could anyone please explain to me my options. I am appealing against a possession order from a District Judge to a Circuit Judge. I have a hearing for permission to appeal in two weeks time. I am ...
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2answers
507 views

Can the US Supreme Court hear an appeal from State Supreme Court w/o a federal question?

Is it a matter of choice that the US Supreme Court will reject a case from a State Supreme Court that does not have a federal question or are there binding jurisdictional requirements that would ...
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1answer
135 views

Is the recent Bayer weedkiller damages award a reasonable expectation of the result of future appeals

Bayer through Monsanto was recently ordered to pay 289M USD in damages in the case of one individual who became ill allegedly by way of a weedkiller substance and there are 5000 similar lawsuits. The ...
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3answers
155 views

US Criminal law - what if the appeal moves blame from one defendant to another?

Suppose two people, A and B, are accused of some criminal activity, and the court decides that A is to blame, while B is blameless. Now, suppose that A knows that B is the one to blame, while he is ...
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2answers
107 views

Legal status of an ongoing situation pending an appeal

Apologies for the title. I could not think of a concise and accurate way to phrase it. I will phrase this question in terms of charitable trusts, but my question is really about the general principle....
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1answer
47 views

Details on federal appeal options

Federal Rules of Civil Procedure. Appeals under, 28USC1292(b) states that an "application" must be made ... What does "application" mean in this rule?
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3answers
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Appeal from state's Supreme Court

MY anal retentive state state supreme court, refused acceptance of my appeal because the certificate of service was wrong. I sta stated the party would be notify through the E filing system but there ...
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1answer
55 views

Jurisdictional vs appeal of right

Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal. Also, on that appeal, would the brief,...
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1answer
102 views

Can judges be compelled to justify themselves?

As noted here: Sometimes a judge simply enters a verdict with no real substantive explanation whatsoever, despite the fact that a judge is supposed to write an opinion making the findings of ...
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1answer
90 views

The process of a direct appeal?

How does a "direct appeal" work? My understanding is that a direct appeal happens when the defendant, now called an appellant, appeals to a higher court or the highest court in the State, to override ...
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2answers
2k views

What is the significance of dissenting opinions in appellate court decisions?

Appellate courts often hear cases en banc and decide them by simple majority of the judges on the bench. The majority will typically sign a single "per curiam" decision, which constitutes the ...
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1answer
167 views

Do judges try to appeal-proof their decisions?

I've been reading a lot of judges' decisions recently, and I've noticed a type of comment that comes up frequently: comments that seem to only be provided in order to make it more difficult for an ...
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1answer
89 views

How would having discretion in a matter, immunize a trial judge from appellate review?

Source: High Court of Australia Justice Edelman's speech on 2015 Dec. 9's Transcript: In the first of those essays in 1990 in Oxford, Bingham focused upon judicial discretion. He deliberately ...
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2answers
960 views

Legal remedies if a lower court ignores stare decisis?

Let's say hypothetically that lower courts en masse decide to ignore Supreme Court decisions. What legal alternatives are available to citizens if lower courts "Go rogue" and decides to ignore a ...
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2answers
93 views

Municipal judge says arguments without merit are not allowed in New trial ordered after appeal

A new trial was ordered by the appeal court and ordered to allow previously denied discovery video into evidence. Along with requesting supplemental evidence, I also argued to acquit for the traffic ...
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1answer
24 views

Clarification of Appeal Procedure

If a party were suing under something like civil rights claims and a judge ordered the dismissal of the parties state claims while allowing the federal civil rights claims, how could one go about an ...
5
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1answer
253 views

What if a juror admits to having disregarded a judge's faulty instructions?

There are a number of situations where this could arise, but I'll use the one that I'm most familiar with: the Frank Quattrone (mis)trial. Frank Quattrone was an investment banker who was charged and ...
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2answers
175 views

If a judge constructs arguments for the prosecution in judgment is that grounds for appeal?

I recently read a judgment in which the judge constructed arguments that normally one would have expected the prosecution to make. In fact, the defense in the case argued that the prosecutor failed to ...
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3answers
1k views

Why is a case often decided by more than one instance?

Often times a case is decided by more than one instance. For example, a defendant may lodge an appeal against the judgment given by a trial judge. Where the court of appeal found in favour of the ...
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1answer
119 views

Is it possible for appellant to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal?

Appellant wants to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal. Is it possible? It is stated that the Sessions ct judge did not give ...
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1answer
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appeal : legal process to a higher court or just a kind of claim

The image I attached below is the section concerning the right of appeal in Employment's Compensation Act of Nigeria. In that context, I wonder whether an 'appeal' represents a legal process to a ...
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1answer
99 views

How can courts resolve logical paradoxes?

I was discussing OXY USA Inc. v. Schell with a friend, and he came up with this puzzle: Supposing Company A is facing a lawsuit, has received a judgment against them in a district court, and has ...
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3answers
861 views

If a judge makes a factual error, can that be appealed?

If a judge makes a factual error, and that error was an important part of his judgement, can the judgement be appealed? Normally, an appellate court will only consider matters of law and assume the ...