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Because of the large number of Appellate Judges in the Ninth Circuit Court of Appeals (29), only ten judges, chosen at random, and the Chief Judge hear en banc cases. [9] Many decades ago, certain classes of federal court cases held the right of an automatic appeal to the Supreme Court of the United States. That is, one of the parties in the ...
Appellate mandate issued by the United States Court of Appeal for the Second Circuit affirming an order of the United States District Court for the Southern District of New York in Steven Donziger's criminal contempt case. Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the ...
Sampson v. Channell, 110 F.2d 754 (1st Cir. 1940): Application of Erie doctrine to choice of law questions. Commissioner v. Boylston Market Ass'n, 131 F.2d 966 (1st Cir. 1942): Prepaid insurance tax deductions must be allocable over the time period for which the policy covers. Joint Tribal Council of the Passamaquoddy Tribe v.
In one of its earliest cases, Chisholm v. Georgia, [2] the court found this jurisdiction to be self-executing, so that no further congressional action was required to permit the court to exercise it. [3] The constitutional grant of original jurisdiction to the Supreme Court cannot be expanded by statute. In the case of Marbury v.
Second, that the appellate court failed to identify the specific mechanism by which Hugo's image was tarnished. The latter ruling (while it is explained below that on remand the court found no such tarnishing) leaves the possibility that if a specific injury could be identified there could be damages. [1]
Cases that fall within the Court's original jurisdiction are initiated by filing a complaint directly with the Supreme Court, and normally are assigned to a special master appointed by the Court for the taking of evidence and making recommendations, after which the Court may accept briefs and hear oral arguments as in an appellate case.
The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or ...
As generally used, "law of the case" states that, if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. [3]