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After granting a writ of certiorari and accepting a case for review, the justices may decide against further review of the case. For example, the Court may feel the case presented during oral arguments did not present the constitutional issues in a clear-cut way, and that adjudication of these issues is better deferred until a suitable case ...
In some cases, an appellate court may review a lower court decision "de novo" (or completely), challenging even the lower court's findings of fact. This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only ...
Courts may also have the discretion to decide a case without presentation of oral argument, rendering their judgment entirely based on the arguments set forth in the parties' briefs. [4] David Tatel , judge in the US Court of Appeals for the District of Columbia Circuit , has referred to a "long-established rule" that contentions made for the ...
A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may remand the case to state court. Here, the federal court is not an appellate court as in the case above ...
During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence where the accused in liable to a period of imprisonment greater than 14 years. The Crown Attorney may call witnesses. If there is not ...
In the various state court systems, waiver of jury trial can vary by jurisdiction. Missouri has Missouri Supreme Court Rule 27.01(b), [5] "The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court..."; the prosecution needs not consent.
Before the case was presented to the justices, several Republican lawmakers filed a brief to the high court arguing the Justice Department is using the law as an “all-purpose weapon against ...
Juror misconduct is when the law of the court is violated by a member of the jury while a court case is in progression or after it has reached a verdict. [1] Misconduct can take several forms: Communication by the jury with those outside of the trial/court case. Those on the outside include “witnesses, attorneys, bailiffs, or judges about the ...