Processes for judicial review of judicial decisions
Questions tagged [appeal]
130 questions
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Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?
I know that often a potential juror who is a lawyer, or anyone with direct expertise relevant to a case, will be removed by one side or the other. However, this doesn't always happen, if for example all the peremptory challenges were used up on…
dsollen
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Can a previously binding precedent be overturned based on its rationale being outdated?
Al loses a case at first instance and appeals to some very high court if not all the way to last resort. The ultimate decision is made based on some rationale that appeals to common sense or general social conditions like an observation of what is…
TylerDurden
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Are there downsides to appealing?
Yesterday a federal judge ruled against Texas regarding the border barrier they'd erected in the Rio Grande river. Governor Abbott said he'll appeal up to the Supreme Court if necessary.
A few months ago there were two court rulings regarding the…
Barmar
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Was the recent ruling against Jordan Peterson an infringement of his free speech?
From what I've gathered, Dr. Jordan B. Peterson was taken to court by the College of Psychologists of Ontario on complaints of professional misconduct. This was based on him making public statements (of a political kind) that they deemed…
user110391
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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 that defense witness - everyone knows capricorns are…
ConanTheGerbil
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When lords were tried by the House of Lords, where could they appeal to?
If a lord was proceeded against then the HoL would be the venue of first instance. But where would the appeal go from there, and what was the venue of last resort? Or was it there be all and end all, ie at one and the same time the court of both…
TylerDurden
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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's not a particularly high fine in my country) and…
Yanick Salzmann
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If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
Say Adam the accuser is taking Dave the Defendant to court. If Dave loses in his local district, I've heard that he can appeal the decision and be re-tried in a higher court (all the way to the Supreme Court, theoretically). But is the opposite also…
chausies
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Do judges try to appeal-proof their decisions?
I've been reading a lot of judges' decisions recently, and I've noticed a type of comment that comes up frequently: comments that seem to only be provided in order to make it more difficult for an appellate court to overturn their decision.
Since I…
user15341
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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 Boeing and has asked a judge to cancel an…
uhoh
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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?
While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be appealed to a US Federal Court because (if I…
uhoh
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Why did US v. Assange skip the court of appeal?
The high court’s appeal was further sought to be appealed to the UKSC but not first to the EWCA. Why was the Court of Appeal passed over in this case?
TylerDurden
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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?
An exchange between two CNN reporters in a December 14, 2023 video Judge pauses Trump election interference case begins
BLITZER: ...the judge ordering a pause until major appeals play out, potentially delaying Trump's march trial date. Here's CNN…
uhoh
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How common is detention pending appeal?
Trump has been charged in 4 separate criminal cases. These are two federal cases in Florida and Washington DC and two in Georgia and NY. If he were to be convicted, how common would it be for someone convicted of those crimes to be detained pending…
Simd
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Can you appeal a case after a higher court renders a favorable opinion about a law?
In the U.S. Supreme Court's case, 'Monasky v. Taglieri', an opinion was rendered regarding how jurisdiction findings related to 'Habitual Residence' under the Hague Convention are determined.
Could parties who have lost previous cases appeal their…
elika kohen
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