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7

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 a different outcome in the case, then an appellate court is likely to find that the trial court's ruling is a reversible error. On an issue of mixed fact and ...


5

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 Court levels. However, the longer a precedent is in place, the less likely it is to be overturned because one of the objectives of the legal system is to ...


4

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 the judge to not consider it. Indeed, it would likely be an error of law (denial of natural justice or breach of procedural fairness) if the judge did consider it ...


4

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 Commission on International Trade Law UNCITRAL Model Law on International Commercial Arbitration as the basis for their domestic law so there is a lot of ...


4

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 where there is an error in law. The Crown has a limited appeal on the basis of questions of fact. This includes appeals for unreasonable verdict.1 However, ...


4

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 reaches to a point of potential disadvantage, and reenacting the same or a very similar ordinance once the judicial proceeding is dismissed? I don't know where the ...


3

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 unsettled that grounds for appeal would occur. In that case the court of appeal called up the trial judge to sit on the 3 judge appeal a) because he knew the case and ...


3

There has never been a right to appeal directly, or discretionarily form a state trial court to SCOTUS. But, one can apply for a common law writ in SCOTUS with respect to a state trial court actions under the All Writs Act which is functionally an appeal, even though it is technically an original SCOTUS proceeding. But, original SCOTUS writs are extremely ...


2

It's very simple: conform to the Apple Developer Guidelines or you can't use the App store. We have no idea why _file was the cause of rejection, other than Apple makes the rules, and one of their rules is no use of "non-public APIs." Apple is a private business and they administer their App store any way they want, within state and federal laws. You are ...


2

Acquittals are generally appealable in Canada on questions of law alone, though I would like to point out that there are two levels of appeal in R. v. Jarvis and though the requirements for both are similar in this circumstance, they are technically distinct. Section 676(1)(a) of the Criminal Code governs the Crown's ability to appeal an aquittal from a ...


2

I worked remotely in NJ as a worker/independent contractor for a company based in FL. I filed a complaint in NJ (commissions owed). They filed a motion for dismissal and change of venue to FL. The change of venue was granted yesterday. Are there available options (hardship or other) to fight or appeal that granted motion? I worked based out of ...


2

You can appeal on the basis of an error of law That is, based on the evidence provided, the judge incorrectly applied the law. So, if you raised the matter of, say hardship, and the judge failed to consider that or incorrectly applied the law to the facts of the hardship then you have grounds for appeal. If you didn't raise hardship then the judge was ...


1

Not sure what you mean by "would wether[sic] or not a specific item fall into a prohibited or restricted category be a question of law or a question of fact?" But if you're asking something like: "If someone is caught with drugs, when figuring out what class of drug it is, is it a question of law or fact?" The answer is it would be a question of fact. ...


1

Well you don't specify a jurisdiction, but here's a recent, example decision that's illuminating and that contains some relatively universal U.S. legal principles: As a threshold matter, we must address the scope of our jurisdiction over Soriano Nunez’s appeal. To the extent Soriano Nunez seeks review of the order denying her motion to dismiss the ...


1

There is an important difference between "the decision" and "this point". Without a link nobody can be certain; but it is entirely possible for the appeal court to overturn (or reverse) the lower court's decision because it was made on the wrong basis, and then to remit the case back to that court to be considered again on the proper basis.


1

Are there available options (hardship or other) to fight or appeal that granted motion? You may appeal the ruling. Some results of this query are decisions from upper courts regarding a change of venue. Most or many decisions are not legal precedent, but some point to N.J. procedural law on that issue. As an example, see the citations of Rule 4:3-3(a) in ...


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