Questions tagged [appeal]

Processes for judicial review of judicial decisions

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65 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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1answer
125 views

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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1answer
141 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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2answers
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 ...
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1answer
257 views

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 ...
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1answer
136 views

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 ...
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2answers
1k views

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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2answers
169 views

Municipal judge says arguments without merit are not allowed in New trial ordered after appeal

A new trial was ordered by the appeal court and ordered to allow previously denied discovery video into evidence. Along with requesting supplemental evidence, I also argued to acquit for the traffic ...
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1answer
27 views

Clarification of Appeal Procedure

If a party were suing under something like civil rights claims and a judge ordered the dismissal of the parties state claims while allowing the federal civil rights claims, how could one go about an ...
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1answer
488 views

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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4answers
333 views

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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3answers
2k views

Why is a case often decided by more than one instance?

Often times a case is decided by more than one instance. For example, a defendant may lodge an appeal against the judgment given by a trial judge. Where the court of appeal found in favour of the ...
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1answer
172 views

Is it possible for appellant to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal?

Appellant wants to examine the written grounds of judgment by the Sessions Court Judge before deciding whether to file an appeal. Is it possible? It is stated that the Sessions ct judge did not give ...
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1answer
49 views

appeal : legal process to a higher court or just a kind of claim

The image I attached below is the section concerning the right of appeal in Employment's Compensation Act of Nigeria. In that context, I wonder whether an 'appeal' represents a legal process to a ...
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1answer
151 views

How can courts resolve logical paradoxes?

I was discussing OXY USA Inc. v. Schell with a friend, and he came up with this puzzle: Supposing Company A is facing a lawsuit, has received a judgment against them in a district court, and has ...
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3answers
1k views

If a judge makes a factual error, can that be appealed?

If a judge makes a factual error, and that error was an important part of his judgement, can the judgement be appealed? Normally, an appellate court will only consider matters of law and assume the ...

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