System Of Appeals Flashcards

1
Q

What is an appeal?

A

An appeal is an application to a higher court for a decision to be reversed.

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2
Q

What is an appellant and a respondent?

A

Appellant: The party who makes the appeal.

Respondent: The party against whom the appeal is being made.

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3
Q

How does a system of appeals ensure fairness?

A
  • A party who is not satisfied may appeal to a higher court.
  • If an error is made it can be corrected. This is fair.
  • Without a hierarchy, party’s would not know how to challenge a decision.
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4
Q

On what grounds can an appeal be made?

A

Question of law: Legal principles have not been applied correctly.
E.g courts have access to prior convictions.

Conviction: Accused person found guilty maintains their innocence.

Severity/leniency of the offense: Accused or prosecution can appeal.

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5
Q

Must end with a sentence saying???

A

“Without a court hierarchy it would not be possible to have a system of appeals/ or to have court specialization and develop expertise.”

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