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Questions tagged [appeal]

Processes for judicial review of judicial decisions

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When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

Or are future legal precedents only set when you go to a bench trial or a jury trial? This question applies to both criminal and civil cases - not sure if there is a difference...
AlanSTACK's user avatar
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Moneyless Winner wins at Small Claims Court. Loaded Loser appeals, but how can Winner protect against any adverse cost?

After commencing lawsuit at a forum where he could afford any adverse costs†, Impoverished Winner won. But the moneyed Loser can afford, and appeals to, a court that can award costs. Winner doesn't ...
user109440's user avatar
3 votes
1 answer
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Assuming Trump was convicted in NY hush money trial, would his federal habeas appeal after exhaustion of state appeals, be subject to AEDPA?

Trump's hush money criminal trial at the state level begins today in New York. Assuming Trump is convicted and exhausts his state level appeals, my understanding is that any federal relief he may seek ...
Anthony's user avatar
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Is denial of entry in the US appealable? [duplicate]

Suppose X possesses a valid visa to the US and enter a US port of entry. However at this point a CBP officer determines X to be inadmissible to the US for some reason. Can X appeal this reason to a ...
whoisit's user avatar
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6 votes
1 answer
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Did the House of Lords hear appeal cases in the main Lords’ chamber of Parliament?

I suppose that the appeal cases were only ever heard by the law lords, in actuality a subsection rather than any plenary session of the house, so was it just a smaller session in the main canonically ...
TylerDurden's user avatar
5 votes
2 answers
703 views

What is the functional purpose of the practice of seeking permission from a lower/trial court to appeal its own decision?

An appeal is fundamentally an affair pertaining to the transcendence of a particular court in order to solicit and invoke the authority of one of a higher level. So what is originally the purpose of ...
TylerDurden's user avatar
3 votes
1 answer
199 views

Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?

Former attorney general Edwin Meese wrote an Amici Curiae paper to the federal DC Circuit Court of Appeals that Jack Smith's appointment as special prosecutor and counsel in the prosecution of Trump ...
Anthony's user avatar
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Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?

Special prosecutor Jack Smith conceded that the DC circuit has appellate jurisdiction to hear Trump's interlocutory (interim) appeal over denial of criminal immunity for his actions on 1/6/2021 under ...
Anthony's user avatar
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7 votes
2 answers
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Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

An exchange between two CNN reporters in a December 14, 2023 video Judge pauses Trump election interference case begins BLITZER: ...the judge ordering a pause until major appeals play out, ...
uhoh's user avatar
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Can you be retried if you appeal a partial acquittal?

I know that in the US Double Jeopardy protection means that if you are acquitted the prosecution cannot attempt to appeal or retry you (except for very narrow exceptions). However, a defendant is ...
shellster's user avatar
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When does the grace period start for private parking?

If a parking ticket was purchased 13 minutes after entering a car park, are they eligible to appeal the parking charge for an "invalid parking session"? If not, then would difficulties such ...
tyler cherry's user avatar
6 votes
1 answer
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What did it mean to be “declared infamous”?

According to Wikipedia, in Ashford v. Thornton, If the plaintiff said the word craven ("I am vanquished") and gave up the fight, he was to be declared infamous, deprived of the privileges ...
TylerDurden's user avatar
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Are the Supreme Court judges versed in Irish and Scottish as well as English law?

The Supreme Court of the U.K. is the court of last resort to Scotland and Northern Ireland as well as England and Wales. But until the Supreme Court, the jurisdictions have very different laws and ...
TylerDurden's user avatar
-4 votes
1 answer
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Was Ashford v Thornton heard at the Royal courts of Justice in Chancery Lane, London or elsewhere?

What physical venue was this 19th century Murder appeal heard in?
TylerDurden's user avatar
9 votes
3 answers
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Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be ...
uhoh's user avatar
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How common is detention pending appeal?

Trump has been charged in 4 separate criminal cases. These are two federal cases in Florida and Washington DC and two in Georgia and NY. If he were to be convicted, how common would it be for someone ...
Simd's user avatar
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13 votes
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Are there downsides to appealing?

Yesterday a federal judge ruled against Texas regarding the border barrier they'd erected in the Rio Grande river. Governor Abbott said he'll appeal up to the Supreme Court if necessary. A few months ...
Barmar's user avatar
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Was the recent ruling against Jordan Peterson an infringement of his free speech?

From what I've gathered, Dr. Jordan B. Peterson was taken to court by the College of Psychologists of Ontario on complaints of professional misconduct. This was based on him making public statements (...
user110391's user avatar
4 votes
2 answers
2k views

Does being overturned on appeal have consequences for the careers of trial judges? [duplicate]

Would a 95% rate of being overturned on appeal have any effect on a judge's career?
Jon's user avatar
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14 votes
3 answers
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Can a previously binding precedent be overturned based on its rationale being outdated?

Al loses a case at first instance and appeals to some very high court if not all the way to last resort. The ultimate decision is made based on some rationale that appeals to common sense or general ...
TylerDurden's user avatar
11 votes
1 answer
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When lords were tried by the House of Lords, where could they appeal to?

If a lord was proceeded against then the HoL would be the venue of first instance. But where would the appeal go from there, and what was the venue of last resort? Or was it there be all and end all, ...
TylerDurden's user avatar
3 votes
1 answer
280 views

Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?

Appeals of an arbitration award are reviewed de novo. Does the same apply to the denial of a Motion to Compel Arbitration? In other words, if the trial court denied a motion to compel arbitration, is ...
1000K's user avatar
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8 votes
3 answers
2k views

Why did US v. Assange skip the court of appeal?

The high court’s appeal was further sought to be appealed to the UKSC but not first to the EWCA. Why was the Court of Appeal passed over in this case?
TylerDurden's user avatar
2 votes
0 answers
99 views

Can a judgment be appealed on grounds that it was moot? [duplicate]

It seems my previous question was misunderstood. A user suggested that I ask a new question instead of rewording the previous one. The answers to that question addressed whether a decision that a case ...
S.O.S's user avatar
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1 answer
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Is it normal for district judges first instance decisions to be appealed to circuit judges in other locations?

A judgment from clerkenwell and Shoreditch county court district judge (swan) was appealed to a circuit (?) judge in central London (Luba). Isn’t the point of a circuit judge that they are the more ...
TylerDurden's user avatar
0 votes
2 answers
154 views

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?
TylerDurden's user avatar
3 votes
1 answer
356 views

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 ...
TylerDurden's user avatar
0 votes
3 answers
510 views

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.
TylerDurden's user avatar
1 vote
1 answer
35 views

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 ...
user avatar
0 votes
1 answer
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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?
S.O.S's user avatar
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-2 votes
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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 ...
TylerDurden's user avatar
1 vote
1 answer
235 views

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 ...
Dan's user avatar
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2 votes
2 answers
110 views

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 ...
S.O.S's user avatar
  • 601
1 vote
1 answer
91 views

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 ...
S.O.S's user avatar
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7 votes
3 answers
1k views

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 ...
elika kohen's user avatar
10 votes
4 answers
7k views

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 ...
chausies's user avatar
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19 votes
4 answers
5k views

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 ...
dsollen's user avatar
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2 votes
1 answer
80 views

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 ...
quarague's user avatar
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2 votes
1 answer
133 views

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 ...
kisspuska's user avatar
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3 votes
0 answers
102 views

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 ...
Standing There Is You's user avatar
0 votes
1 answer
75 views

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 ...
bdb484's user avatar
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1 vote
0 answers
52 views

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 ...
forgetfuldrafter's user avatar
1 vote
2 answers
93 views

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 ...
Gouvernathor's user avatar
3 votes
1 answer
233 views

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 ...
A Dark Divided Gem's user avatar
6 votes
2 answers
983 views

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 ...
thecoolmacdude's user avatar
2 votes
1 answer
217 views

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 ...
against very long user names's user avatar
2 votes
3 answers
119 views

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 ...
Greendrake's user avatar
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1 vote
1 answer
350 views

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 ...
Sayaman's user avatar
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1 vote
1 answer
90 views

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 ...
Jonny's user avatar
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3 votes
1 answer
234 views

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 ...
ohwilleke's user avatar
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