Civil law: appeals Flashcards
1
Q
Access to justice act 1999
A
- rule 25: permission to appeal to be obtained for almost all appeals
can be obtained from court of instance or appellate - realistic/other reason for appeal
- permission to appeal is not required: liberty of subject at stake
-the act: one level of appeal to the courts - appeal only allowed where decision of lower court is wrong or injust
2
Q
first instance and appellate
A
first instance: court claim first heard in
appellate: court party is appealing to: permission will be given where appeal is realistic/has purpose of success
- where permission is not required: rejection of tiabeas carpus? law that states person cannot be imprisoned unless they have been bought before court of law (which will decide if they prison or not)