Questions tagged [appeal]

Processes for judicial review of judicial decisions

Filter by
Sorted by
Tagged with
7 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 ...
Greendrake's user avatar
  • 25.6k
11 votes
4 answers

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
  • 3,555
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 ...
Cicero's user avatar
  • 6,828
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 ...
isakbob's user avatar
  • 1,579
4 votes
2 answers

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 ...
Digital fire's user avatar
  • 5,409
2 votes
0 answers

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
  • 581
2 votes
3 answers

Are unprotected-speech classifications questions of law or questions of fact?

Only a few categories of speech are unprotected by the First Amendment: advocacy intended, and likely, to incite imminent lawless action, see Brandenburg v. Ohio, 395 U.S. 444 (1969); obscenity, see, ...
bdb484's user avatar
  • 57.2k
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 ...
Cicero's user avatar
  • 6,828
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 ...
Dale M's user avatar
  • 198k
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 ...
feetwet's user avatar
  • 21.7k
0 votes
2 answers

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?
Seeking answers's user avatar
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 ...
High GPA's user avatar
  • 207