Questions tagged [appeal]

Processes for judicial review of judicial decisions

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6 votes
2 answers

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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5 votes
4 answers

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 ...
  • 6,259
5 votes
2 answers

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 ...
  • 1,559
2 votes
2 answers

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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2 votes
1 answer

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 ...
  • 166k
1 vote
1 answer

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 ...
  • 20.8k
0 votes
4 answers

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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