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If the appellate court finds no defect, it "affirms" the judgment. If the appellate court does find a legal defect in the decision "below" (i.e., in the lower court), it may "modify" the ruling to correct the defect, or it may nullify ("reverse" or "vacate") the whole decision or any part of it.
Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. A court order governs each case throughout its entirety. If an individual violates the court order, the judge may hold that person in contempt.
General Electric Co. v. Joiner (1997), [1] which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper standard for appellate courts to use in reviewing a trial court's decision ...
In HKSAR v Tin's Label Factory Ltd, at the end of the hearing of the appeal in the Court of First Instance, Mr Justice Pang Kin-kee immediately delivered an oral decision allowing the appeal, with written reasons to be handed down at a later date. 7 months later, the Judge handed down the written reasons for judgment dismissing the appeal, a ...
A unanimous opinion is one in which all of the justices agree and offer one rationale for their decision. A majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision.
Supreme Court judges have retired to consider their ruling on a long-running legal battle over the definition of a woman in Holyrood legislation. It is the final stage in a case between the ...
American English and British English have diverged significantly on the topic of appellate terminology. [3] American cases go up "on appeal" and one "appeals from" (intransitive) or "appeals" an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. [3]
The judge overseeing Twitter Inc's $44 billion lawsuit against Elon Musk has a no-nonsense reputation as well as the distinction of being one of the few jurists who has ever ordered a reluctant ...