What are facts on the court of queens bench of ablerta?
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Asked in Elizabeth II
Facts about Queen Elizabeth the II?
Asked in Law & Legal Issues, Court Procedure
In what type of court is a case first judged?
Generically, the "entry level" court is called a trial court. There, a judge or jury determines facts from the evidence presented (testimony, documents, other physical evidence, inferences from other evidence). If it is bench trial, the judge applies applicable law to the facts and makes a determination based upon which party has the burden of proof. If a jury trial, the judge instructs the jury on the law to apply, and the jury goes through a similar process until a decision is reached.
When a previous case is distinguished from the facts about a case presented to a court how must the court proceed?
Asked in Law & Legal Issues, US Constitution
Shall statutory law stop interpretation by the bench?
Asked in Law & Legal Issues
Who must decide the facts that lead to a death sentence?
Asked in Law & Legal Issues, Civil Lawsuits
Why would an appeal be filled in a lawsuit?
An appeal is an application to a higher court for the review of the decision of a lower court. Depending upon the jurisdiction, courts have different names, but the "bottom" level is the trial court. It is there that a judge hears the facts (testimony, documents, expert witnesses, etc.), considers arguments of counsel as to how to interpret the facts and what law to apply. One would file an appeal to the next higher level of court if he/she believed that either the wrong law was applied to the facts that were elicited at trial, or that the law was applied improperly. An appellate court does not re-hear the facts or substitute its view of the facts for that of the trial court. It may, however, "remand" the case to the trial court to reconsider the evidence in light of the appellate court's determination of the issues of law.
Asked in Business Law
What is the judges role in court cases where a jury is invovled?
Asked in Queens NYC
What is the sat score required for admission to st john's university in queens ny?
Asked in US Supreme Court
Why shouldn't the USSC be able to substitute its own factual determinations for those of a jury in a lower court?
The Supreme Court does not decide facts; it rules only on the basis of the interpretation of the law and legal procedures. In most cases, the SC cases come to the court only after several years worth of appeals and re-hearings; there really aren't any new facts to be discovered after that passage of time. The Court _can_ decide which facts are relevant, or which items are admissible in court or not admissible.
What offers a detailed explanation of the legal thinking behind a court ruling?
Words that start with x and are Georgia facts?
Asked in US Supreme Court
Is the supreme court an apellate court?
The US Supreme Court is an appellate court, and therefore does not try cases or determine facts of the case, rather it interprets facts of law, and may grant new trials. There is no right to an appeal in front of the Supreme Court, it has discretionary authority, and will only grant writs of certiorari in cases of prominence involving the US Constitution. The other courts of appeals in the federal system are the Circuit Courts, which must hear cases. However, in some states, such as New York, the Supreme Court is the trial court, the lowest court in the jurisdiction.