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Unread 26 Jun 2008, 03:32   #141
Aedolaws
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Join Date: Jun 2007
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Re: Denial HCs Round 27

hmmm... chances are that you can always appeal once, especially in criminal cases. You can almost always find a valid reason to say the lower court misapplied the law or made an error (courts of appeals do not review the facts, only the trial court does so. Court of Appeals review what the lower court did (mis)applying the law to the facts).

So the question largely becomes whether it is worth the $ (Appeals = more money). If you got 1 chance in 100, then it probably is a waste of resources (unless in a criminal case where death or big sentence is on the line). If you got better odds, and money, then, in civil cases, you will probably throw the dice once, twice or three more times.

Now, in some states (with a 3 tier court system), a 2nd appeal is largely at the discretion of the supreme court of each state (here in the US), it may vary by jurisdiction.

And the 3rd (and final) appeal to the Supreme Court of the land is 99.99 discretionary. The court decides whether it wants to hear it or not, and they have the final word.

Again, in appeal, the court does not review the facts. They only review legal questions (i.e. how the lower court (mis)applied the law to the facts).

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So, for example. Here we already know the fact that some of them cheated, but we do not know whether others did. If this was a real case, and Denial wished to appeal, they could not argue that none of them cheated (as Lokken said, they confessed [tip: NEVER CONFESS, always shut up!], this factual issue is settled). They would have to appeal/argue that the community missaplied EULA to those who confesed, etc

[heh, this is all oversimplified ofc]

Last edited by Aedolaws; 26 Jun 2008 at 03:53.
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