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Can you define the legal terms "reversed" and "remanded" and explain how they are used in the context of a court decision?
"Reversed" in a court decision means that a higher court has overturned the decision of a lower court. "Remanded" means that the higher court sends the case back to the lower court for further action or reconsideration. These terms are used to indicate the outcome of an appeal or review of a legal case.
To refuse to accept the decision of a court and then apply to have the case heard again in a higher court?
appeal (novanet)
What is a reconsideration motion?
A reconsideration motion is a request made to a court asking it to review its decision based on legal errors or a change in circumstances. It is typically filed after a final decision has been made in a case but before an appeal is pursued. The court will decide whether to grant or deny the motion after reviewing the reasons presented.
Can the Philippines supreme court reverse their previous decision?
Yes, the Philippines Supreme Court can reverse its previous decisions through a process called "reconsideration." This occurs when a party affected by a decision files a motion for reconsideration, and the Court may choose to review and potentially overturn its prior ruling. Additionally, the Court can also change its stance on legal interpretations in future cases. However, such reversals are not common and typically require compelling reasons.
Do you go to jail if you appeal a court decision?
No, appealing a court decision does not automatically result in going to jail. Appealing a court decision means asking a higher court to review the decision made by the lower court. If the higher court upholds the decision, then the original ruling stands. However, if the higher court overturns the decision, a new trial may be ordered, but this does not necessarily mean going to jail.
Is reversed and remanded the same in a decision?
No. Reversed means the verdict is "un-done". Remanded means it is sent back down to the lower court for a new decision.
Is a decision given by a court binding on an inferior court?
The decision of the court is ALWAYS binding on everyone, unless it is appealed to a higher court which may overturn the decision.
Can you appeal a Supreme Court decision?
Yes, you can appeal a Supreme Court decision to a higher court, such as the United States Court of Appeals.
What is a decision made by a higher court such as a US Court of Appeals Circuit Court or the US Supreme Court that is binding on all federal courts?
A decision made by a higher court sets a binding precedent for the inferior court(s).
When a party asks that a court's decision be reviewed by a higher court?
appeal
Can you request a judicial review after an EEOC denial of reconsideration?
Yes, a judicial review can be requested if a denial of reconsideration is implemented. The court must be petitioned within 30 days of an EEOC denial of reconsideration.
How can one challenge or overturn a Supreme Court decision?
One can challenge or overturn a Supreme Court decision by filing a petition for a rehearing or a motion for reconsideration with the Supreme Court. Additionally, a new case can be brought before the Supreme Court that presents a different legal argument or evidence that could lead to a reversal of the previous decision. Another way to challenge a Supreme Court decision is through a constitutional amendment passed by Congress and ratified by the states, which can effectively overturn a Supreme Court ruling.
