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Where the relevant statute provides for an appeal to the courts, questions of law are subject to a standard of "correctness" and questions of fact and mixed fact and law subject to the standard of "palpable and overriding error". [13] These standards correspond to those applied on appeals from lower court decisions.
In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts. The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from state to state.
For evidence to be admissible enough to be admitted, the party proffering the evidence must be able to show that the source of the evidence makes it so. If evidence is in the form of witness testimony, the party that introduces the evidence must lay the groundwork for the witness's credibility and knowledge.
For example, a prosecutor may try to bolster his case by bringing in an expert witness to explain the behavior of one of the key witnesses. If the judge allows the expert to testify that there was a reason to explain away inconsistencies in the witness's testimony, this will most likely be grounds for an appeal, as in most cases evidence that ...
Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...
There are various standards of evidence, standards showing how strong the evidence must be to meet the legal burden of proof in a given situation, ranging from reasonable suspicion to preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt. There are several types of evidence, depending on the form or source.
There has been somewhat sparse polling of Trump’s favorabilities ratings in the wake of the Nov. 5 election. Another poll from the Economist/YouGov gauged it at 50% favorable to 49% unfavorable.
Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court. The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of ...