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Can a federal judge overturn a case without hearing it or actually having a appeals hearing.?
No.
How would an appeals court respond to a lower courts decision?
Generally speaking, most lower court cases do not reach a court of appeals. One factor is cost. Even if a lawyer is sure a court of appeals will review a case, that may not be a certainty. Then, how the appeals courts will rule is also generally not known. An appeals court may review a lower court's decision and determine that proper, lawful procedures were not taken by the prosecutor and perhaps the lower court case judge made a serious procedural error. The response of the court may be to overturn the case's verdict or confirm the verdict. Also, the appeals court may decide, after a proper review that the case does not meet state standards for a review.
What is the definition of defendant-cross-appellant?
The cross-appellant in a case is the person who files a cross-appeal to counter an appeal already filed by the original appellant. Usually, the original appellant would be the party which lost the case in trial court, and would be asking the Appeals court to overturn the trial court verdict. A cross-appellant is usually the party which received a verdict partially in their favor at trial, and is counter-appealing some aspect of the trial court's verdict to the Appeals court. A 'defendant-cross-appellant' is means that the party which was the defendant in the trial court, is now the cross-appellant in Appeals court.
If a person feels that a verdict of the district court is unfair a person can take their case to what court?
The appeals court
The judgment given by the jury?
It is called the verdict. In a criminal case it will be Guilty or Not Guilty. In a civil case it will be Liable or Not Liable.
Where does a person who loses in a trial court take his case to appeal?
Depends upon what kind of case it is and what trial court and local rules. As a general rule, however, a trial verdict would be appealed to the "appellate court" having jurisdiction (whether state or local). In other cases, there may be intermediate appeals, such as taking a verdict of a single justice and filing for a retrial with a jury before appealing the jury verdict to the court of appeals.
Identify the three options a court of appeals has when deciding a case?
The court of Appeals has three options after they have reviewed a case in appeal. They can affirm the original conviction and keep the status of the case unchanged. They can reverse the decision and remand the case back into the lower court system. They also can remand, change or modify the conviction.
Does an appeals court have the power to overturn a school's rule e.g If a family sued the school in Appeals court?
You cannot sue anyone in a Court of Appeals. You must bring suit in a court of original jurisdiction - in this case that would be the Circuit Court in which the school system is located.
Does a jury decision in a civil case require majority vote?
In civil cases, a verdict may be reached by a majority of nine of the twelve members.
What kind of verdict is necessary for a civil case?
For civil cases, two types of verdicts are rendered; general and special. The verdict need not be unanimous, a 3:4 will suffice. General verdict, the jury has decided the case either in favour of the defendant or the claimant (plantiff) Special verdict, a general decision is not announced (obviously) and rather the jury has answered certain factual questions, leaving the complete decision up to the court itself.
What do appelate courts do?
The Appeals court reviews the district courts' decisions to determine if the appealed case was conducted according to prevailing law and rules of procedure and that a miscarriage of justice has not taken place. District courts handle civil and criminal cases that come under both state and federal authority.
Guilty plea upheld what does this mean?
It sounds like a case has been appealed to the Court of Appeals, and the Court of Appeals has upheld (affirmed) the verdict of the lower court.
