Questions tagged [appeal]
Processes for judicial review of judicial decisions
134 questions
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Marine Le Pen, the Rassemblement National aren't condemning U.S. threats against French magistrates. Can magistrates consider this on the appeal
The United States of America is threatening magistrates before the hearing of the appeal of Marine Le Pen for misappropriation of European parliament funds.
As far as I know, Marine Le Pen and the ...
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Judge's error and the parties
Let us assume a judge makes an error. One party (say Plaintiff) raises an objection and asks for reconsideration/reversal of that decision, while Defendant neither opposes nor appears at the motion ...
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Can cases come to the US Supreme Court without a circuit split? (help clarify Justice Sotomayor's TV interview)
In The View's September 10, 2025 video after 01:52, US Supreme Court justice Sonia Sotomayor was answering the question "...knowing the weight a Supreme Court decision holds, what has surprised ...
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Small claims and appeal in Court of Common Pleas in Pennsylvania
So it seems that in some states, like Pennsylvania, a judgment in small claims court may be appealed in the Court of Common Pleas, as a matter of law, by either party, even if the losing party did not ...
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When all available appeals are exhausted, could a court force the US Department of Justice to try a case it no longer wants to?
From ABC News' May 30, 2025 US moves to dismiss Boeing prosecution, asks judge to cancel trial over crashes:
The U.S. Justice Department has formally moved to dismiss a criminal fraud charge against ...
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Applicant's disclosures to Criminal Cases Review Commission
Scenario:
Bob was convicted of murder in a trial that hinged on scientific evidence. The prosecution and defence had each instructed their own expert witnesses in respect of the science. Although the ...
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Can a trial judge deliberately overlook blatantly contradictory testimony from a witness? [duplicate]
Suppose a witness in a civil bench trial testifies to both X and to Not X.
For the sake of argument, assume that there are no other factors that would add ambiguity. For example, suppose a witness ...
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What decisions of magistrates courts have no right of appeal (and so can only be challenged by way of judicial review)? [duplicate]
Certain types of decisions of Magistrates Courts are only able to be challenged through a judicial review. Which ones are these?
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Why are certain decisions of Magistrates' court challenged by way of judicial review, rather than appeal?
Generally, judicial review is a means of challenging an administrative decision of the executive branch of government, and yet it appears that certain decisions of magistrates courts are still ...
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Can statements made by a Juror after a trial be grounds for a re-trial?
If a juror is witnessed making a statement (post trial) that indicated an irrational, biased or bigoted reason for finding someone guilty, could that be grounds for a re-trial?
"I didn't believe ...
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What kind of mistake/error that arbitrator can make (either intentionally/unintentionally) such that the court still won't overturn it?
I was reading about the OXFORD HEALTH PLANS LLC v. SUTTER case and i was baffled that arbitrators are allowed to make mistake/error and the court still won't overturn it, even if it was a grave error.
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Does precedent apply during an appeal?
I am observing a few cases where an appeal, or a petition for allowance of appeal, has been filed but not yet resolved in a case being cited for persuasive or binding precedential value in another ...
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Appeal Against Sentence on Grounds of Bias
In England and Wales, can someone appeal their sentence on the ground that the sentencing judge was biased against them? Can someone appeal on this ground even though the sentence was appropriate (i.e....
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Finality of leave to appeal refusals
In New Zealand, where a criminal appeal can be brought only by leave and this leave is refused, there is no way to apply to the higher court to review this refusal. It is final as per s 213(3) ...
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Are there jurisdictions where an uninvolved party can appeal a court decision?
I recently read about an outrageous court decision in my country where the prosecution only asked for a 2500€ fine for a dad for torturing his kids for years. The defendant obviously agreed to it (it'...