In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error, that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly.

Rather, L ' Heureux-Dubé preferred an approach giving substantial judicial discretion, in which the appellant must demonstrate that there is ( 1 ) " a legislative distinction ", ( 2 ) that this distinction leads to a denial of any equality right as per Section 15, and ( 3 ) that the distinction is " discriminatory ".

They said that a properly directed jury could not in the circumstances have come to any other conclusion than that the appellant must have been aware that what he was doing was likely to cause physical injury to the victim.

The appellant must also be adversely affected by the appealed decision.

For civil cases on appeal, the appellant must request a jury ; if no such request is made, then the appeal will be heard by a Circuit Court judge alone.

The appellant ( described as a violent sexual psychopath ) strangled then mutilated a young woman, it was alleged that Byrne suffered from violent and perverted sexual desires which he found impossible to control.

The appellant in the Circuit Court will then be entitled to a jury trial, even if they were not entitled to one in the GDC.

The trial judge found that the appellant was not guilty of rape as defined in ( then ) s. 143 ( a ).

It is my opinion then that the trial judge erred in this matter in that though she made the requisite findings of fact that the appellant was wilfully blind to the consequences of his acts she did not apply them according to law added.

A supersedeas bond, also known as a defendant's appeal bond, is a type of surety bond that a court requires from an appellant who wants to delay payment of a judgment until the appeal is over.

Arizona Rules of Civil Appellate Procedure, Rule 7, provides that " except in cases involving custody of children ," an appellant may obtain a stay on a lower court judgment and all other further proceedings by filing a supersedeas bond in the Superior Court.

In the State of Florida, the amount of a supersedeas bond is limited to no more than $ 50 million per appellant.

The appellant uses a supersedeas bond to stay the execution of the judgment, meaning they do not have to pay the full amount before the case goes to re-trial.

Late in 2008 a successful appellant sought to have the Board require those who opposed it in a major hearing pay its costs of approximately $ 3. 2 million dollars.

Since the vast majority of petitions for certiorari are routinely denied without comment, it is normally unnecessary to indicate that fact in citations to decisions of lower federal courts, unless it happened within the last two years or was otherwise particularly relevant ( e. g., to support an inference that a particular appellant is a vexatious litigant ).

In his capacity as Secretary of the Interior, he was the appellant in the Supreme Court case Kleppe v. New Mexico ( 1976 ), in which it was decided that a state could not challenge the authority of the federal government to regulate federal lands within its borders.

:" It was Tacitus who said: They make a desert and call it peace-Solitudinem faciunt pacem appellant ( Agricola 30 ).

A few days later the appellant became furious and attacked the complainant with a file-like object.

The appellant, Dr John Weston Foakes, owed the respondent, Julia Beer, a sum of £ 2, 090 19s after a court judgment.

If the petition is denied, the appeal process ends ( except that the appellant may request a rehearing ) and the judgment of the lower court is affirmed.

( This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.

As well, in some cases, the court may not call on counsel for the respondent, if it has not been convinced by the arguments of counsel for the appellant.

Even though perceived in her favour by Broad and Young, the Court of Appeal held the poison-plots against her and against him: "... if the question is, as I think it was, whether these letters were evidence of a protracted, continuous incitement to Bywaters to commit the crime which he did in the end commit, it really is of comparatively little importance whether the appellant was truly reporting something which she had done, or falsely reporting something which she merely pretended to do.

The jury were directed that if there was an intention to frighten, and injury took place as a result, the appellant was guilty of an offence under section 20.

In those cases, the parties disagree vigorously if any existing legal rule even applies to the facts of the case, or the appellant may be deliberately trying to attack an established rule in the hope that the appellate court will overturn a prior decision and establish a new rule, or the question has been ruled upon by multiple intermediate appellate courts and is so perplexing that all the lower courts disagree with each other.

The disadvantages are that the two panels might inadvertently issue conflicting majority opinions ; and that an appellant might be ruled against by two justices on a panel of three, who might have been a minority ( that is, 5 – 2 ) if the case had been heard by a full court of seven justices.

She considered that the belief in the consent expressed by the appellant was an honest one and therefore on the basis of Pappajohn, even if it were unreasonably held, as it is clear she thought it was, he was entitled to his acquittal.

The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

The appellant in the new case can be either the plaintiff ( or claimant ), defendant, third-party intervenor, or respondent ( appellee ) from the lower case, depending on who was the losing party.

In 1993, the Supreme Court denied the appellant School District's request for certiorari and returned the case to District Court Judge Richard Rodgers for implementation of the Tenth Circuit's mandate.

The prosecution case against the appellant was that he obscenely exposed his penis and other genitals.

The appellant ’ s case was affirmed on appeal.

In December 1915 he and Benjamin F. Spellman represented L. Lawrence Weber as the appellant before the Supreme Court of the United States in the Weber v. Freed case concerning boxing match film distribution.

The court, however, dismissed this argument as inapplicable, because the case presented involved not two mixed-race spouses but a mixed-race and a white spouse: " Under the facts presented the appellant does not have the benefit of assailing the validity of the statute.

One judge in the case concluded not only that Customs officials had wrongly delayed, confiscated, destroyed, damaged, prohibited or misclassified materials imported by the appellant on numerous occasions, but that these errors were caused “ by the systemic targeting of Little Sisters ' importations in the Vancouver Customs.

Seven months previously, in the case of Hinton v. Donaldson, the Scots Court of Session had ruled that copyright did not exist in the common law of Scotland, so that Alexander Donaldson ( an appellant in Donaldson v. Beckett with his older brother, John ) could lawfully publish Thomas Stackhouse's New History of the Holy Bible.

" He added that the summing-up of the case was " such as to deny the appellant the fair trial which is the birthright of every British citizen ".

This is the only court that requires the intervention of a solicitor or case attorney ( avoué ) to prepare and manage your case and to act as an intermediary between the barrister and the appellant or appellee.

If the case is a criminal case or traffic infraction, the appellant will automatically receive a jury trial in the Circuit Court unless they affirmatively waive this right.

The case law of the Boards of Appeal of the European Patent Office ( EPO ) does not allow a decision at appeal to put a sole appellant in a worse position.

Since their names were listed on the appeal documents in alphabetical order, Henrietta Muir Edwards was listed as the first appellant, leading to the case being entered as Edwards v. Canada ( Attorney General ).