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For example, if the formula () stands for the sentence "Socrates is a banker" then the formula articulates the sentence "It is possible that Socrates is a banker". [127] To include these symbols in the logical formalism, modal logic introduces new rules of inference that govern what role they play in inferences.
All parties must present grounds to appeal, or it will not be heard. By convention in some law reports, the appellant is named first. This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses (in some cases twice) as the appeals work their way up the court hierarchy. This is not always true, however.
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 only bolsters the credibility of a witness is not admissible.
An appeal is described as interlocutory when it is made before all claims are resolved as to all parties. For instance, if a lawsuit contains claims for breach of contract, fraud and interference with contractual advantage, and if there are three defendants in this lawsuit, then until all three claims are resolved as to all three defendants, any appeal by any party will be considered ...
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]
Appeals and post-conviction cases, by their very nature, focus on legal errors, not factual disputes. Indeed, it is unclear whether proof of actual innocence is, in and of itself, grounds for appellate reversal. Herrera v. Collins, 506 U.S. 390 (1993) Convicted persons have two avenues for attacking the validity of their conviction or sentence.
Formulation of the judge's announcement into formal logic is made difficult by the vague meaning of the word "surprise". [1] An attempt at formulation might be: The prisoner will be hanged next week and the date (of the hanging) will not be deducible the night before from the assumption that the hanging will occur during the week (A).
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.