Questions tagged [appeal]
Processes for judicial review of judicial decisions
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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 ...
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Can a previously binding precedent be overturned based on its rationale being outdated?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 ...
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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 ...
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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 (...
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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 ...
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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, ...
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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 ...
user15341
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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 ...
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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?
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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 ...
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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 ...
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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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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 ...
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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 ...
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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 ...
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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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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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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?
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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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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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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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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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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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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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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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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 ...
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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 ...
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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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What is the canonical ruling on why the rulings of a supreme court cannot be appealed?
I am essentially asking for a 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 ...
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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 ...
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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 ...
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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 ...
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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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To which court can you file an interlocutory appeal from a superior court in California?
To the California Court of Appeal of the [ordinal number] District or to the United States District Court for the [geographic jurisdiction] District of California?
If both, is any of them almost ...
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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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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 ...
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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 ...
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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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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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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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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 ...
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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 ...
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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 ...
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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, ...
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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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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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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 avoided ...
user89
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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 ...
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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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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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