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12 votes
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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6 votes
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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 ...
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6 votes

What is the canonical ruling on why the rulings of a supreme court cannot be appealed?

One direct statement about this is in White v. Tommey [1853] 10 E.R. 483, in which the House of Lords had to consider whether to allow a rehearing of a case which they had previously decided, on the ...
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. ...
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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, ...
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5 votes

If a judge constructs arguments for the prosecution in judgment is that grounds for appeal?

This probably isn't a ground for an appeal. While a party arguing to reverse a trial court's decision must show that the argument that they are making on appeal was "preserved" by that party at trial ...
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5 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 ...
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5 votes
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Can case law never appealed in a higher court be appealed and overturned?

Any precedent can be overturned by any court at the same or higher level in the hierarchy So, for your example of a High Court precedent, it can be overturned at Supreme Court, Court of Appeal or High ...
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5 votes
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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 ...
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5 votes
Accepted

If an appeals court orders a lower court to throw out a case, can this be appealed by the lower court?

The Main Answer: The Judge Can't Appeal; But Other People Can Since the Judge now has an attorney, can this Judge appeal to the Supreme Court (or appeal again starting from a different court ...
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5 votes
Accepted

If an allegation is approved, does it mean that the statistics cited in the allegation is correct?

Not in this case First, we are having an appeals court case that is filed against the dismissal of the real case - there had been no trial. It's a research into if there was a clear error of the court,...
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5 votes
Accepted

How do US appellate courts know the facts of the case?

The appellate court gets the trial transcript which includes all the testimony (and exhibits or descriptions/photos of them) and the trial court's rulings. Also, each side presents an appeal brief, ...
5 votes
Accepted

Are You Entitled To Release From Prison If All Of Your Accusers Recant Their Testimony?

No. A federal court may not vacate the conviction which the state court declined to vacate under these circumstances. On March 22, 2009, a jury found Luis Villavicencio‐Serna guilty of first‐degree ...
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5 votes

Can a judge's decision to admit or not to admit "character evidence" under Wis. Stat. § 904.04 be challenged (on appeal)?

Acquittals in criminal jury trials cannot be appealed (at least in a way that affects the outcome, Colorado and a few other states allow criminal appeals by the prosecution solely for the purposes of ...
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4 votes

Legal remedies if a lower court ignores stare decisis?

While an appellate court may have the opportunity to reverse any individual trial judge every few years, I know that trial judges, in their numerous workday rulings, reverse appellate courts every day....
  • 145k
4 votes
Accepted

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

When judges are finder of fact, the standard is one of deference to the trial court, but may be overcome if the trial court made a "clearly erroneous finding". See Concrete v. Const. Laborers, 508 U.S....
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4 votes
Accepted

What is the significance of dissenting opinions in appellate court decisions?

The decision of a court consists of several things: The orders made A summary of the evidence The judge's reasoning from the evidence to their conclusions of what the facts of the case are The judge'...
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4 votes
Accepted

Appeal from a verdict of acquittal in Canada

Part XVIII of the Criminal Code addresses the power and procedure for appeals. Appeals of indictable offences are appealed to the provincial Court of Appeal. The Crown can generally appeal ...
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4 votes

Is it error of law to judge on less relevant case law when there is much more relevant one?

Probably not The judge is required to decide the case on the basis of the law the parties argue. If neither party draws the judge’s attention to a relevant case it would not be an error of law for ...
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4 votes

Can application for leave to appeal be determined by the judge whose decision is being appealed?

Yes It's not uncommon. In fact I am aware of at least one case where the trial judge referred it to appeal before he made his decision on the basis that whichever way he decided the law was so ...
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4 votes

Can I appeal to the court against an arbitration?

Different jurisdictions have different laws about arbitration and there can be a distinction between domestic and international arbitration. Notwithstanding, most jurisdictions use the United Nations ...
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4 votes

Federal judge sets aside jury verdict

The case was heard by a jury, Sorokin was the presiding judge. He ruled on a defense motion for a judgment of acquittal, which is why the matter was not (yet) heard by an appeal court. The only public ...
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4 votes

Can you take decisions of mental health tribunals to the High Court or the Court of Appeal in the UK?

The first venue for an appeal from the Mental Health Tribunal is the Upper Tribunal in the Administrative Court.
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4 votes

Who can overrule a court's finding of contempt?

In the United States, a contempt finding can be wiped out by: The judge who issued it. United States v. Jerry, 487 F.2d 600, 605 (3d Cir. 1973) (“[S]o long as the district court has jurisdiction over ...
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4 votes

To which court can you file an interlocutory appeal from a superior court in California?

Assuming you have a right of interlocutory appeal at all -- you usually don't -- you would file the appeal in the Courts of Appeal for whichever district. There are some types of cases that can be ...
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