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[9] Generally, the Erie doctrine requires the Federal court to predict how the courts of a given state would rule and decide a given issue. Many states, however, allow certified questions to be addressed from the Federal court to the appellate court or state supreme court of that state, allowing the state court to decide those questions of law.
The Ohio District Courts of Appeals are the intermediate appellate courts of the U.S. state of Ohio. The Ohio Constitution provides for courts of appeals that have jurisdiction to review final appealable orders. There are twelve appellate districts, each consisting of at least one county, and the number of judges in each district varies from ...
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
An appellate judge in Ohio must be a licensed attorney within Ohio and have six or more years of Ohio legal practice or have served as a judge in any jurisdiction for at least six years. [4] The current judges of the court (as of October 2023) are Mary Jane Trapp, Matt Lynch, John Eklund, Eugene Lucci, and Robert J. Patton. [5]
Questions of constitutionality are considered a type of question of law, and thus appellate courts always review lower court decisions that address constitutional issues de novo. However, the term "standard of review" has an additional meaning in the context of reviewing a law for its constitutionality, which concerns how much deference the ...
The Seventh District Court of Appeals is composed of four judges, each elected to six-year terms by the citizens of the eight counties in the district. [3] Ohio Law requires that a person running for election as an appellate judge must have been licensed as an attorney in Ohio for at least six years or have served as a judge in any jurisdiction for at least six years. [4]
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In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [2]
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