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Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law "by leave" from the trial court or the appellate court. The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally. [3] All parties must present grounds to appeal, or it will not be heard.
The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client ...
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision.
An appeal to the law (argumentum ad legem in Latin) is an informal fallacy in which someone tries to encourage or defend an action based on its legality, or condemn it as morally reprehensible, purely because it is illegal. [1]
Adverse authority or adverse controlling authority, in United States law, is some controlling authority based on a legal decision and opposed to the position of an attorney in a case before the court. The attorney is under an ethical obligation to disclose that legal decision, which is an adverse authority, to the court.
In United States law, good moral character can be assessed through the requirement of virtuous acts or by principally evaluating negative conduct. [ 3 ] [ 4 ] [ 5 ] Whether the assessment of good moral character depends more on the evaluator or the assessee has been the subject of significant debate, and a consensus has not been reached between ...
Hume's law or Hume's guillotine [1] is the thesis that an ethical or judgmental conclusion cannot be inferred from purely descriptive factual statements. [ 2 ] A similar view is defended by G. E. Moore 's open-question argument , intended to refute any identification of moral properties with natural properties , which is asserted by ethical ...
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". [1] Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Fourth, Fifth, Sixth, Seventh, and Fourteenth Amendments to the United States Constitution, and Article 6 of the European Convention of Human ...