answersLogoWhite

0

Actually a court of appeals cannot decide that.

A court of appeals can only decide whether or not the trial court correctly followed procedures and existing legal precedence. It is entirely possible for procedures and legal precedence to be completely unfair (they have been many times) but if the trial court properly followed them, the court of appeals must support the trial court's decision.

If the court of appeals decides that the trial court failed to follow procedures and/or existing legal precedent, then the case must be retried in a trial court.

User Avatar

Wiki User

7y ago

What else can I help you with?

Related Questions

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


How do you complain about an unfair Judge?

To make a complaint about an unfair judge, you can contact the appropriate judicial conduct commission or board in your region. Provide specific examples and evidence of the judge's unfair behavior in your complaint. It's important to follow the correct procedures and guidelines outlined by the commission for processing complaints against judges.


What important balancing work must federal judges do?

Federal Judges shoulder great responsibility. They must balance the rights of individuals with the interests of the nation as a whole. Often they are forced to make decisions that seem fair to one side but unfair to the other.


What economic system allows business owners decide what to sell and at what price?

The open economic system is the one that allows business owners decide what to sell and at what price. This is usually quite unfair for the consumers.


How do you prove the judge was unfair and partial when signing a search warrant?

That's not a possibility. Judges issue warrants based upon the information supplied to them by the lead detective of the case


In an appeals case what do the judges decide?

The Appeals Court judges can find that the judgment in the court case before them is either affirmed, or they may overturn the judgment. If overturned they must cite the their reasoning, which is usually legal or procedural insufficiency. - - - - - - - - - - At trial, the judge makes various legal rulings about evidence, procedure, and the controlling law, and instructs the jury about the law and how to apply it. The jury determines the credibility of the witnesses and evidence and applies the law to reach a verdict. On appeal, a party typically contends that the trial judge erred with regard to one or more of his or her legal rulings. The party does so in an opening brief that states the error, the law, and why the party believes the trial court erred. The opposing party is permitted to submit an answer brief, and the appealing party is permitted to file a reply brief. The parties sometimes ask to present oral arguments to the appellate court. Such requests are not always granted. The appeals court then reviews the briefs, the record of the trial, applicable law, and considers the parties' oral arguments. The appellate judges then confer about the case. Evidentiary rulings are usually reviewed for abuse of discretion. That is, whether, under existing law, the ruling was manifestly arbitrary, unreasonable or unfair. Rulings about the applicable law are reviewed de novo. That is, the appeals court considers the legal issue to determine whether the trial court's ruling was correct or erroneous under existing law. Jury findings of fact are given deference and may only be reversed if there is no evidence upon which a reasonable person could have made that finding. A determination that there was an error does not necessarily result in reversal of the case. When the appellate court concludes there was an error, it must then decide whether the error prejudiced the losing party's right to a fair trial or affected the outcome of the case. If there was no prejudice, the error is considered to be harmless. Appeals are most commonly decided by three or more judges, a majority of whom must agree on the outcome. The outcome of a trial may be affirmed, reversed, or affirmed in part and reversed in part. Occasionally more information is needed before the appeal can be fully resolved. When that happens, the appeals court may remand (return) the case to the trial court for additional proceedings to address the issue. When the legal issues are straightforward and have been fully resolved in other cases, and the law's application to the facts of the case are clear, an appeals court will often issue a "per curiam" (by the court) opinion that briefly refers to the applicable cases and announces the result of the appeal. In other cases, one of the appellate judges writes an opinion that identifies the errors the parties have presented, explains whether the trial court's decision is being reviewed for abuse of discretion or de novo, explains the applicable law in some detail, explains how the law applies to the particular facts of the case, and states the conclusion of the majority of the judges that have reviewed the case. The written opinion demonstrates to the parties that their contentions and arguments have been considered, and provides feedback to the trial judge. If one of the party's believes the appellate court's decision is erroneous, they often have the right ask a higher appellate court, usually a state supreme court or the U.S. Supreme Court to review the case. Some appellate opinions are published in collections of legal decisions and serve as precedent for future cases.


What is prefix for fair?

It is unfair.


How do you use the word unfair in a sentence?

Unfair tactics were used in the game. The judge was unfair in the eyes of the contestant. "That's unfair!" he exclaimed.


Can you make a sentence using unfair?

you just did =) this is unfair treatment. that game is unfair


What is the word opposite of fair?

unfair


What happens if you have vampire blood in you but the vampire doesnt have your blood in it?

This is what is known as 'an unfair exchange'. Such situations are usually settled by both parties submitting to binding arbitration.


Is pork barrel spending fair or unfair?

Unfair

Trending Questions
What is meant by learner as embodied spirit? How did you enjoyed your leave? What are the key differences between natural law and common law? What is the us code showing presidential citizenship requirements? What are the two halves of the State Legislature? What are all of the countries rules and laws? How long do you have to train for to be a criminal defence lawyer? What was Blackbeard's catchphrase? What is a law that punishes you for somthing illegal today but was legal when you did it? If you are in jail for 7 months and you are about to be released and you receive papers that state an warrant was issued while you were already in jail can they give more time to stay in jail? What is article 4 of the constitution? Can you avoid probate by having your adult child on your bank accout? Can you get your last months rent back? If i have a warrant in another county that is like 2 hrs away. are the police still going to look for me? How do you become an additional solicitor general. is it by the no of contacts you have? Does the mother of a child get the child support stimilus after the father is deceased if he owed back child support? Which act addressed the concerns of the damage to archaeological sites from federally funded projects such as highway or dam construction? Why is that an employee benefits that has been given is difficult to withdraw? What does a 80 year old and a two year old have in common? Can any liens be placed on my home if it's in an revocable trust?