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Can a case be dismissed during a rehearing?
It would depend on the legislation of the country concerned.Additional AnswerA rehearing is no different than the initial hearing in that it is subject to the same rules governing dismissals as the first hearing.One example would be if a conviction were set aside by an appellate court because the trial court allowed evidence of a confession that should have been excluded. The appellate court would remand the case to the trial court for a rehearing or retrial. If the trial court felt the prosecution's case was insufficient to sustain a conviction absent the confession, it would dismiss the case on rehearing.Another example would be if a conviction or finding of civil liability were based on a statute later declared unconstitutional, the case would be remanded to the trial court for further proceedings consistent with the declaration that the statue was void. On rehearing the court would dismiss the case.
In the 1976 rehearing of the Tarasoff case California supreme court called for what for the victim?
duty to warn
What is a rehearing?
In legal terms: A rehearing refers to conducting a hearing over again as if it were new. It may be granted based on the motion of one of the parties to a lawsuit, or criminal proceeding and must set forth certain legal requirements why the court should grant such a hearing.
What does the word appeal mean and when is it used in a court?
An appeal is the process whereby a higher court reviews the rulings of a lower court.
What happens if you're not satisfied with the decision of the US Supreme Court?
You could appeal to the Supreme Court for a rehearing within 30 days of the decision, if you have new information or evidence to support your case; otherwise, the decision of the Court is final. In any given case, one side is satisfied and the other is not.
If the District Court of Appeals dismisses an appeal what does this mean?
That means the party who appealed is bound by the decision of the lower court unless an appeal to a higher court is possible.
When an appeal is filed in a case which court has jurisdiction the lower court or higher court?
A 'higher' court will hear an appeal from a 'lower' court
What are the 3 levels of us courts system?
The three levels are: • District courts (main trial courts) Hears both civil & criminal cases • Court of appeals (2nd step in the judicial process) to appeal - take a case to a higher court for rehearing • Louisiana state supreme court (hears appeals from lower-level courts) - Always reviews case in which defendant has been sentenced to death
What does it mean that the US suprem court is the court of last resort in all questions of federal law?
There is no court above the Supreme Court, therefore once they have ruled on an issue there is no higher court to hear an appeal. Their rulings are the last word on the issue.
What is the difference between original and appellate jurisdiction?
Original jurisdiction - the court can hear the trialAppellate jurisdiction - the court can review the trial held by the original jurisdiction court.Original jurisdiction involves the initial hearing and decision of a case. Appellate jurisdiction involves rehearing a case to make a determination on the original decision.
What court in New Zealand is higher than the Supreme Court?
No Court is higher than the current Supreme Court.However, in older cases, the "Supreme Court" it refers to may be the equivalent of the current "High Court", as it was called then. In that case the Court of Appeal and Privy Council were higher authority.
What term applies to the grant of review sought by an appellant who seeks to overturn in the US Supreme Court a decision of the US Court of Appeals?
An appellant may file a motion for a rehearing, if warranted, but the US Supreme Court has full discretion to grant or deny this request. If denied, the case is considered res judicata(completed), and the decision of the Court is both final and binding.
