36
votes
Accepted
If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
In the US, the prohibition against double jeopardy provides a hard restriction against re-trial and appeal of an acquittal. The government cannot appeal an acquittal (U.S. v. Sanges, 144 U.S. 310, ...
- 210k
35
votes
Accepted
Was the recent ruling against Jordan Peterson an infringement of his free speech?
Everyone agreed that the decision of the College of Psychologists of Ontario impacted Peterson's freedom of expression. The College's decision itself said this. The question was whether the College ...
- 43.5k
28
votes
Accepted
Are there downsides to appealing?
The main downsides of appealing are:
If you want to postpone collection of a money judgment against you while the appeal is pending, you have to post a bond sufficient to pay the judgment in full ...
- 195k
20
votes
Can a previously binding precedent be overturned based on its rationale being outdated?
An "outdated rationale" is one factor to be considered when overruling precedent.
Yes. Precedent relies on respect for the principle of stare decisis, the idea that courts should stand by ...
- 57.2k
19
votes
Accepted
When lords were tried by the House of Lords, where could they appeal to?
Short Answer
There were 30 House of Lords convictions of peers resulting in a punishment for the peer (in 29 cases a death sentence, and in the one final case, in 3 months of imprisonment) from 1499 ...
- 195k
18
votes
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
canada
What should have happened
Jurors will be instructed along the following lines (Model Jury Instructions, 8.4 - Outside Information):
The only information that you may consider is the evidence ...
- 43.5k
18
votes
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?
Question
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?
Answer
Overview
The way that the federal ...
- 195k
17
votes
Accepted
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
It is an almost-universal rule that a juror cannot testify to impeach a jury verdict. FRE 606 says
A juror may not testify as a witness before the other jurors at the
trial...
During an inquiry into ...
- 210k
15
votes
How common is detention pending appeal?
Detention in prison pending appeal is the overwhelming norm.
Allowing a person convicted of a crime to be released pending appeal while posting a bond and being subject to bond conditions is the ...
- 195k
12
votes
Accepted
Can errors in a Judge's decree allow the appealing party to appeal after the appeal time has elapsed?
No.
Generally speaking, the deadline to appeal a decision is jurisdictional.
The exact details of the rules differ depending upon the jurisdiction in which the case was conducted. Colorado's rules are ...
- 195k
12
votes
Accepted
Why did US v. Assange skip the court of appeal?
The decision which Assange sought to appeal, United States v Assange [2021] EWHC 3313 (Admin), was a decision of a divisional court of three judges. That is because s 26 of the Extradition Act 2003 ...
- 8,631
11
votes
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
new-south-wales
The verdict stands
An appeal may be made to overturn a conviction and declare a mistrial where there is evidence of juror misconduct. Where this emerges before the verdict, the juror ...
- 198k
10
votes
Accepted
What if a juror admits to having disregarded a judge's faulty instructions?
Short Answer
Statements of jurors about their deliberations are not allowed to be considered for any purpose, subject to very narrow limitations which do not apply in the fact pattern you are asking ...
- 195k
10
votes
What happens if a judge renders a wrong verdict by misinterpreting the law?
You file an appeal.
In federal courts, the procedure is governed by the Federal Rules of Appellate Procedure, and the process begins with filing a notice of appeal under Rule 4. The process is fairly ...
- 57.2k
8
votes
Accepted
Legal remedies if a lower court ignores stare decisis?
The alternative is the same whether just one lower court or many lower courts ignore SCOTUS precedent. An aggrieved parts will appeal the lower court ruling, and the matter will work its way up the ...
- 210k
8
votes
Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
Rather than inquiring into what the jury actually did (except in very narrow exceptions identified by user6725), courts in common law countries reviewing convictions on appeal review the evidence that ...
- 195k
8
votes
If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
canada
In Canada, Attorneys General are limited in the grounds on which they may appeal an acquittal: the appeal must be based on a ground of law alone. See Criminal Code, s. 676(1)(a):
The Attorney ...
- 43.5k
8
votes
Accepted
Does being overturned on appeal have consequences for the careers of trial judges?
canada
The mere fact of being frequently overturned on appeal would only have reputational consequences and secondary effects on career advancement (not suggesting these are minor effects).
But being ...
- 43.5k
7
votes
Accepted
Is it error of law to judge on less relevant case law when there is much more relevant one?
On an issue of pure law, an appellate court decides if the trial judge got it right or wrong from scratch, and if there is a case that is a better match than the one that the judge used that leads to ...
- 195k
7
votes
Accepted
Federal judge sets aside jury verdict
This is a Federal court decision
There are no state courts involved.
This was a ruling by the presiding judge of the original trial
There is no appeal involved because the case wasn't final.
This is a ...
- 198k
7
votes
Can errors in a Judge's decree allow the appealing party to appeal after the appeal time has elapsed?
can errors in a decree by a district Judge allow appealing party to appeal past the normal appeal period?
Errors that you claim a judge has made are the reason to allow you to appeal in the first ...
- 25.8k
7
votes
Does being overturned on appeal have consequences for the careers of trial judges?
united-states
Does being overturned on appeal have consequences for the careers of
trial judges?
In general no. Indeed, federal judges serve for life. And, judges in some state courts serve for life,...
- 195k
7
votes
Are there downsides to appealing?
Institutional and public-interest litigants may decline to appeal an adverse decision for strategic reasons, including:
waiting for another lower court to potentially decide in their favour on the ...
- 43.5k
6
votes
Accepted
Do judges get penalised when their decisions are quashed by a higher court?
Yes it affects them.
Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your ...
- 198k
6
votes
Accepted
Mootness as a strategy to maintain unconstitutional regulations
I guess the meat of your question is: If a city enacts an unconstitutional ordinance, can it evade judicial review by repealing the ordinance and arguing for mootness once the judicial proceeding ...
- 1,134
6
votes
How does Judge Sullivan have standing?
The Court of Appeals made Judge Sullivan the respondent.
Flynn petitioned the Court of Appeals for a writ of mandamus to order the inferior court to dismiss the criminal proceedings against Flynn.
...
- 14.8k
6
votes
If a judge evidences a misunderstanding of the law is that grounds for an appeal?
Only if counsel challenged the point during the trial
Difficult as it might be, you can’t allow the judge to be wrong during the trial without calling them on it: very, very politely.
For example, ...
- 198k
6
votes
Accepted
Can you appeal a case after a higher court renders a favorable opinion about a law?
canada
The appellant would still be expected to file within the required time limits (30 days after the would-be appellant's judgment in the lower court). A judge of the court of appeal has the ...
- 43.5k
6
votes
How often can you appeal a rejection of the appeal(s) made?
You didn't bother to state who this appeal is with or even where you are but I'm almost certain I know the answer.
Just once.
If the appeal is denied, you may be able to appeal to a higher body such ...
- 4,694
6
votes
Why did US v. Assange skip the court of appeal?
The High Court can certify a matter as warranting consideration by the Supreme Court as a "leapfrog appeal." See Practice Direction and Part II of the Administration of Justice Act 1969. The ...
- 43.5k
Only top scored, non community-wiki answers of a minimum length are eligible