Jump to content
The High Realm of Stormark
Sign in to follow this  
High King Harald

Appeals

Recommended Posts

Which parties to law suits, civil as well as criminal, should, according to you, have the right to appeal?

Share this post


Link to post
Share on other sites
Which parties to law suits, civil as well as criminal, should, according to you, have the right to appeal?

 

All parties to the law suit.

Share this post


Link to post
Share on other sites
Thank you very much for sharing this with us, Lady Unna. :)
'

 

You're welcome, Your Majesty.

 

Share this post


Link to post
Share on other sites
I believe any party should have the right to appeal on the condition that it is the losing party.

 

And what if a defendant in a criminal case is acquitted on one count and convicted on another one? May the Defense and the Prosecution then both appeal?

Share this post


Link to post
Share on other sites

I think that is where we may have to introduce something like a "double jeopardy" statute for criminal cases. In the U.S., the defendant usually appeals a conviction, whereas the prosecution doesn't appeal a loss.

Share this post


Link to post
Share on other sites

In the post below you find what I have so far concerning civil appeals. What do you think about it?

Share this post


Link to post
Share on other sites
FOURTH CHAPTER - CIVIL APPEALS

Article 1. Appeals

In all Civil law suits an appeal shall lie to the Fimmtardómur for the losing party to such Civil law suit from any Decree, Judgement or Order of any Court of First Instance, except in those cases where it is expressly declared by Althingi Law that no appeal shall lie. Any appellant who desires to appeal against any such Decree, Judgement or Order shall file a Notice of Appeal within seven days of the judicial decision that ended the trial in first instance requesting the service of the Fimmtardómur as High Court of Session. In the event that an appellant only desires to appeal against some portion of the Decree, Judgement, Order or conviction, he or she shall so state in his or her Notice of Appeal.

 

Article 2. Grounds of Appeal

An appeal may be brought against a Decree, Judgement or Order or any portion thereof on the grounds of error in the assessment of the facts, error in the application of law or error in the procedure upon which such final judicial decision is based.

 

Share this post


Link to post
Share on other sites
I think that is where we may have to introduce something like a "double jeopardy" statute for criminal cases. In the U.S., the defendant usually appeals a conviction, whereas the prosecution doesn't appeal a loss.

 

Is it legally possible in the U.S. for the prosecution to appeal a loss?

 

Share this post


Link to post
Share on other sites

If the prosecution loses, at least in criminal situations, the defendant cannot be charged again with the same crime; this is to ensure a defendant is safe against futher prosecution, or more realistically, persecution. If a mistrial is declared, or a charge is dropped, then a re-trial take place; but loses are not appealed. Civil cases are different simply because the burden of proof and system of procedure chances, and it doesn't punishments such as imprisonment, so loses can be appealed by either side, I believe. However, if you tried to sue a company, and lost, I don't think you'd try again, or appeal, unless you had the money. My concern with constant appeals is just that, constant appeals, and an endless system of trials.

Share this post


Link to post
Share on other sites
My concern with constant appeals is just that, constant appeals, and an endless system of trials.

 

Does that, for example, happen when a deep-pocketed corporation and the U.S government or two big loaded corporations are fighting each other in civil court?

Share this post


Link to post
Share on other sites

Well, that's where mediation comes in, in civil cases. Although, yes, the government will duke it out again and again with corporations, out of court settlements are usually why you won't see a million trials.

 

But, that's another topic for another thread. I think the Emperor's draft is a good start.

Share this post


Link to post
Share on other sites
I think the Emperor's draft is a good start.

 

Thank you. Is there anything that you would like to be included in the rest of the Chapter?

 

Share this post


Link to post
Share on other sites
All parties to the law suit.

 

Indeed.

 

Share this post


Link to post
Share on other sites
We have a consensus then. :)

 

It very much appears so.

 

Share this post


Link to post
Share on other sites
Sign in to follow this  

×