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Questions tagged [appeal]

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113 views

What is the canonical ruling on why the rulings of a supreme court cannot be appealed?

I am essentially asking for quote that I know exists but cannot remember. A Law Lord from the British House of Lords either made a remark or an actual ruling on the subject of whether a ruling from a ...
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1answer
23 views

Can application for leave to appeal be determined by the judge whose decision is being appealed?

Appeals to the next level court may first require leave to appeal. Say in New Zealand, where a party wants to appeal a decision of the High Court to the Court of Appeal, they may need to apply to the ...
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2answers
53 views

Would whether an item falls into a specific legal category be a question of law or a question of fact?

Sparked by this question: Can a judges decision to allow a matter to trial be appealed immediately, or only after the trial? On appeal, the appellate court grants an over-comeable presumption ...
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2answers
108 views

Can a judges decision to allow a matter to trial be appealed immediately, or only after the trial?

If a defendant feels that a judge improperly allowed a matter to go to trial, can it be appealed immediately, or does the defendant have to wait until the trial is over? For example, let's imagine ...
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2answers
675 views

Is it error of law to judge on less relevant case law when there is much more relevant one?

A judge in a civil case makes a judgment justifying it by similar decision made in somewhat relevant case. A party to the case is dissatisfied with the judgment. They find a more recent and, more ...
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2answers
49 views

Can case law never appealed in a higher court be appealed and overturned?

I will phrase this question in New Zealand legal terms but I am actually interested in any common law jurisdiction or any jurisdiction with adversarial system. Say there is some case law made in the ...
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1answer
64 views

What is the difference between overturned, reversed and remanded?

I'm reading a document I don't fully understand. In it, it states: "It is not appropriate for the court of appeals to review this point, which is to be returned to the High Court" It also states ...
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3answers
64 views

Once a judge (NJ) has ruled for a change of venue (to FL) can you appeal? Or other?

I worked remotely in NJ as a worker/independent contractor for a company based in FL. I filed a complaint in NJ (commissions owed). They filed a motion for dismissal and change of venue to FL. The ...
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31 views

Appeal from District Court (in San Diego, CA) to a Bankruptcy Court ruling

If an appeal to a Bankruptcy Court ruling on an adversary proceeding complaint is appealed to District Court and you want to appeal the District Court decision, where do you file an appeal to the ...
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0answers
29 views

Can either party in a Civil Case ever be forbidden from appealing?

When appealing a civil case either side may appeal the verdict as written by uscourts.gov: Civil Case Either side may appeal the verdict. Now I know an apellate court can sometimes deny an ...
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1answer
40 views

IOS App rejected due to an unknown “_file” [closed]

A 5 year old app which was submitted every month successfully. Recently got rejected saying. “Your app uses or references the following non-public APIs: ABLE.framework, _file” “Continuing to use or ...
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2answers
108 views

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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189 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
71 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
103 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
519 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
83 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
328 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
644 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
181 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
208 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
113 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
48 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
100 views

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
60 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
111 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
107 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
215 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
94 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
1k 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
106 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
309 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 ...
3
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2answers
203 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
143 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
46 views

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
103 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
1k 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 ...