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54 votes

Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

Nobody has ever tried this argument before because most people are not so foolish as to overlook the fact that the Constitution (Article I, Section 3, Clause 7) explicitly provides for the possibility ...
phoog's user avatar
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33 votes
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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 ...
Jen's user avatar
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28 votes
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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 ...
ohwilleke's user avatar
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27 votes

Is this the first time an appeal about double jeopardy for being tried first in the US senate, then in the judiciary has been considered?

It is the first time Currently, there were 4 impeachment trials of presidents: Johnson in 1868, over longstanding arguments Clinton in 1998/99, over an affair Trump in 2019/20, over interference with ...
Trish's user avatar
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20 votes
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Can a previously binding precedent be overturned based on its rationale being outdated?

An "outdated rationale" is one factor to be considered when overruling precedent.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 ...
bdb484's user avatar
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17 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 ...
ohwilleke's user avatar
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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 ...
ohwilleke's user avatar
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13 votes
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Did the House of Lords hear appeal cases in the main Lords’ chamber of Parliament?

https://www.supremecourt.uk/about/appellate-committee.html Before the second world war, the Law Lords used to hear appeals each day in the chamber of the House of Lords. After the House of Commons ...
Jen's user avatar
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9 votes

Is Trump now a felon even if he appeals?

Yes Common law jurisdictions allow a sort of legal time travel. Right now, Trump is a felon. If he succeeds in his appeal he will not be a felon and he never was one. However, at the time I said he ...
Dale M's user avatar
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8 votes
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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 ...
Jen's user avatar
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8 votes
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Can you cite parts of a case if the core issues in the case were later overruled?

united-states Can I cite the decision for the purposes of Issue S alone, even though the overall decision was overruled? Yes. This is done routinely, even by the courts themselves in their opinions. ...
ohwilleke's user avatar
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8 votes
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Why did Jack Smith concede federal DC circuit appeals court has jurisdiction over Trump immunity claims when he could've relied on SCOTUS precedent?

Trump’s brief says the following about appellate jurisdiction: The district court's decision constitutes a “final decision” under 28 U.S.C. § 1291 and the collateral-order doctrine. See Cohen v. ...
sjy's user avatar
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7 votes
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What did it mean to be “declared infamous”?

Infamy was a declaration that generally stripped a person of his legal status. This could include a loss of rights to contract, to testify in court, to vote, to serve in the military, to speak in ...
bdb484's user avatar
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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,...
ohwilleke's user avatar
  • 220k
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 ...
Jen's user avatar
  • 59.3k
6 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?

I will assume you are asking about a court-ordered revocation of a business licence, given that you are talking about an appeal. The answer to your question then lies in the relationship between state ...
Jen's user avatar
  • 59.3k
6 votes

How common is detention pending appeal?

Detention is the norm new-south-wales s22 of the Bail Act 2013 states that a court is not to grant bail pending an appeal of the conviction or sentence of an indicted offence (what Americans would ...
Dale M's user avatar
  • 213k
5 votes

Can a previously binding precedent be overturned based on its rationale being outdated?

canada Vertical stare decisis Trial courts are generally bound by existing precedent from higher in the appellate hierarchy. This is the principle of vertical stare decisis. However, a trial judge ...
Jen's user avatar
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5 votes

What is the functional purpose of the practice of seeking permission from a lower/trial court to appeal its own decision?

united-states In the United States, there are many orders that a court can enter which are generally not appealable since the case is not fully concluded, but that a trial court can certify as ...
ohwilleke's user avatar
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4 votes
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Based on what legal basis is former AG Edwin Meese arguing that appointment of Jack Smith was improper?

What other basis is Edwin Meese relying on to make this Amici Curiae argument? You have reasonably summarized the argument being made and its weaknesses in your question. Meese is really counting on ...
ohwilleke's user avatar
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4 votes
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Are the Supreme Court judges versed in Irish and Scottish as well as English law?

The UK Supreme Court was set up under the Constitutional Reform Act 2005. Section 27(8) mandates In making selections for the appointment of judges of the Court the commission must ensure that ...
Andrew Leach's user avatar
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4 votes
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When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

The actual order / outcome is only binding on the parties. It does not generally affect what other parties might argue or what judges might decide in different disputes.1 Precedent takes its force ...
Jen's user avatar
  • 59.3k
3 votes

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents? No. Or are future legal precedents only set when you go to a bench trial or a jury trial? No. ...
ohwilleke's user avatar
  • 220k
3 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?

One point here worth mentioning is the US is not structured the same way as many other countries. For most other nations, the individual "states" are merely provinces: subdivisions of (and ...
Joel Coehoorn's user avatar
3 votes
Accepted

Can you be retried if you appeal a partial acquittal?

Suppose they are acquitted of all charges except one. If they decide to appeal the conviction and they succeed on their appeal, does that open them up to re-prosecution on the other charges that were ...
ohwilleke's user avatar
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3 votes
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Can you appeal a decision if the judge based it on subjective and unclear testimony?

On appeal, a judge's decision will be upheld if the findings of fact made by the judge have any support from admissible evidence presented at trial, or if a reasonable inference from that admitted ...
ohwilleke's user avatar
  • 220k
2 votes
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When does the grace period start for private parking?

For a car park covered by the British Parking Association's Approved Operator Code of Practice: The 'Grace Period' (at least 10 mins) starts at the end of the 'parking period' (when the parking period ...
Lag's user avatar
  • 17.3k
2 votes

Are there downsides to appealing?

In a comment above, ohwilleke points out, "Some of the cases Trump has appealed are criminal cases." This answer addresses a reason that a state may choose not to appeal a criminal case that ...
MTA's user avatar
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2 votes
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Assuming Trump was convicted in NY hush money trial, would his federal habeas appeal after exhaustion of state appeals, be subject to AEDPA?

Is the understanding of how Trump will be restricted by AEDPA if he were to be convicted in NY state court and appeal such conviction federally, correct? Yes. You also miss one of the really ...
ohwilleke's user avatar
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