How and why do courts decide whether or not to take a case on appeal?

Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial’s procedure or errors in the judge’s interpretation of the law. Sometimes, appeals courts make their decision only on the basis of the written briefs. Sometimes, they hear oral arguments before deciding a case.

Can you appeal a not guilty verdict?

The defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict.

Is it possible to appeal an arbitration ruling?

Yes, the Labour Relations Act (LRA) does not allow any party to appeal against an arbitration ruling. However, such rulings can be overturned by other means, within six weeks of the ruling being served.

Can a company appeal against a CCMA decision?

Just because you can’t appeal, it does not mean that you can’t rescind or request a review. If the CCMA rules against you or your company, unfortunately, you can’t appeal against their decision. Yes, the Labour Relations Act (LRA) does not allow any party to appeal against an arbitration ruling.

Can a person appeal against a Labour Court decision?

With an application to the Labour Court, the review application should by no means be viewed as an appeal against the decision, but rather as a claim that the arbitrator acted incorrectly in the following manners: Committed a gross irregularity in the conduct of the arbitration proceedings.

How long can an arbitrator’s ruling be overturned?

However, such rulings can be overturned by other means, within six weeks of the ruling being served. In terms of section 145 of the Labour Relations Act, a party may apply to the Labour Court on the basis of an alleged defect with a commissioner or arbitrator’s ruling.

Can You appeal a court decision without a lawyer?

If you have lost a case in civil court, you can challenge the court’s decision through an appeal. Basically, you are asking a higher court to review the case and determine if the judge applied the law correctly. Appeals are complicated, but with work and attention to detail, it can be done without an attorney.

What court is the Court of final appellate jurisdiction?

Under the federal hierarchical dual court system of the United States, the circuit courts have appellate jurisdiction over cases decided by the district courts, and the U.S. Supreme Court has appellate jurisdiction over the decisions of the circuit courts.

What does an appellate court does with a case?

An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds.

Can an appellate court decision be appealed?

A court of appeals decision can be appealed, but the issues at stake must be so significant, or the court of appeal’s error in law so egregious, that the Supreme Court is persuaded to hear the case. The Supreme Court’s review of circuit court of appeals cases is thus best described as discretionary, rather than mandatory.