Questions tagged [appeal]

Processes for judicial review of judicial decisions

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34 views

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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125 views

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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100 views

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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133 views

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 does the WTO ‘Dispute Settlement Body’ enforce ‘binding’ decisions?

As far as I can tell the WTO does not rely on the UN Security Council to enforce any binding decisions, which is the only international body I’m aware of that has the authority. I’ve not yet found a ...
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106 views

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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36 views

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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131 views

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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78 views

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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153 views

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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107 views

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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135 views

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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301 views

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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176 views

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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45 views

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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87 views

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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265 views

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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103 views

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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93 views

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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243 views

Mootness as a strategy to maintain unconstitutional regulations

In the U.S. Supreme Court (SCOTUS) arguments for New York State Rifle & Pistol Association Inc. v. City of New York almost all time seemed to be devoted to the question of mootness. This case is ...
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145 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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67 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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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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134 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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706 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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67 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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604 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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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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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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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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209 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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78 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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114 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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880 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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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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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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676 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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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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257 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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130 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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51 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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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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63 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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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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139 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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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 ...