Appeal
Review of a trial court?s decision and judgment by a higher court. The appeals court can review the trial court?s ?finding of fact? and ?conclusions of law.? See Decision and Judgment. Appeals courts analyze the trial court?s decision and judgment for substantive errors in its ?conclusions of the law.? In exceptional cases the trial court?s ?finding of facts? are also reviewed. Most findings of facts are extremely difficult to challenge because appeals courts defer to the trial court?s ability to weigh evidence. Unless the trial court?s findings of fact cannot possibly be supported by the evidence, such appeals will fail. Judges have discretion to believe or disbelieve all evidence presented, and appeals courts will not second guess the trial court on its finding of facts. While challenging a trial court?s ?conclusions of law? is less difficult, states grant divorce judges substantial discretion in fashioning judgments. Therefore, appeals are often unsuccessful except for substantial errors of law that significantly and adversely impact a party; otherwise, the mistake is considered ?harmless error.? Whether your appeal succeeds may depend more on your gender than the merits of your case. In Massachusetts, for instance, over 80% of appeals brought by husbands were dismissed whereas over 80% of appeals brought by wives prevailed.
Question: Is a sentence appeal that effective? What is the percentage of an appeal that turns out beneficial for someone? My friend got sentenced to 21 months in federal court the other day and his lawyer said he should go for an appeal to lower his sentence. His lawyer also said that there are certain issues that need to be brought up to the panel of judges in the appeal that the former judge denied without legitimate evidence? My question is that are appeals that effective or usually it is denied? Thank you for your help.
Answer: It is certainly worth a shot. 21 months is a long long time for someone who is in jail. If the attorney thought it was a long shot I am sure he would have informed your friend. More then money attorneys like to win cases. I assure you your friend is going to be willing to take any and every shot they can get to get out early. So I would have to say requesting an appeal is much more effective then doing nothing...
Question: How do you appeal the decision of not being allowed to rent an apartment? My buddy has a record. Its from five years ago. We live in ND. And she was denied due to having a record from 5 years ago. Person only stated "criminal." She told them she had a record. They ran a background check. She found out that it was possible to appeal and that they have and are renting to other people with records. Tried to look online for her. So how do you appeal not being allowed to rent a place?
Answer: You can't appeal to anyone because a landlord chooses not to rent to felons. Sorry, 5 yrs ago is still a record.
Question: How long does an employer have to appeal a decision after the initial unemployment appeals hearing? I was originally denied unemployment benefits, however after an appeals hearing, the decision was reversed. I received my debit card in the mail today with payments for all the previous weeks I have filed. How long does my previous employer have to appeal this decision? I'm afraid to spend any of this money for fear the decision will be reversed yet again and I am asked to repay any of my benefits.
Answer: I could be wrong, but according to the noted in my Appeals hearing packet I just received today it says they have 14 days from the date the decision is made to appeal again. The next step after an Appeals Hearing is taking it to a civil court, so your employer would have to be desparate to do that. I expect my boss to do that if I win the hearing because she is spiteful, vindictive and has to have the last word.
I was awarded unemployment benefits and just received a notice that my boss is appealing. Our hearing is a week away. She sent the appeal letter on 1/14 and I received it 2/24. I would not spend the money for at least a month or two. BUT, get the money off the card. I went to the bank on 2/19 to pull the money off my card (I thought I was in the clear) and learned that $170 was stolen off of it. So, I pulled the remaining money out and deposited it to my bank account. I have initiated a claim to receive that money back with the unemployment card company. On the 24th I received the letter so I pulled all of the money plus an extra $170 back out of my bank account and brought it home. In the event I have to repay I have every cent. I am thankful I didn't pay any bills with it yet because otherwise I would really be up ****'s creek if I have to repay.
Good luck to you. I don't understand them being able to take the money back. We are on unemployment because we need the money. Continue to file your claims... just be careful if you spend it that you can repay it. Otherwise set it all aside and don't touch it for a few months.
Question: How do you appeal if you are found Guilty at a magistrattes court? I want to appeal a conviction i have been found guilty of. How do i do this? Do i need grounds or is everybody allowed a retrial?
Also when would you do this, straight away or when you go back for sentacing?
Answer: http://www.ccrc.gov.uk/applying/applying_38.htm
The official website above is extremely helpful in outlining the appeals process from the Magistrates Court. It is relatively easy to appeal from the Magistrates, compared to the Crown Court, where you must acquire leave to appeal, i.e. grounds of law upon which must be questioned. At Magistrates, you have a right to appeal (even without legal grounds) to the Crown Court. However, DO NOT wait for your sentencing hearing before taking action. You must write giving notice to the court within 21 days of you being found guilty. However, if you pleaded guilty in the Magistrates, you may only appeal the sentence, not the finding. Be careful and talk to your lawyer before taking action, as you may find yourself sentenced longer due to the Crown Court's ability to give longer sentences. Note, however, that there are statutory guidelines to sentencing, so it is unlikely the sentence would be harsher, unless the offence is of wide varying degree, such as theft.
Question: How to write a letter of appeal for a job I was denied? I recently applied for a job and was denied because my criminal background did not meet requirments. They stated in the letter that I could write a letter of appeal. Also in the guidelines it says that anything over 3 years old on the criminal background check is okay. Anything on my background IS over 3 years old. I need help on how to write this letter of appeal and what the letter should contain. Anyone have any tips or know of a website that could help ?
Answer: I write emails to atty's allllll day long.. "Please be advised this is my letter of appeal regarding the criminal background requirement for the position of _________ that I have applied for and was denied. The (criminal act)__________ happened (date)__________ . The position of __________ clearly states that the criminal act could not have happened within the last three years. My application to (position)_________ does not violate this applcation requirement. Please advise if in fact my application was denied for this infraction or another requirement I have not met and am not aware of....
?? hope it helps....
things are overlooked allllllll the time.. and you just need them to re-examine your application.
Question: What is the appeal of sneaking around on you spouse? I've read that the actual intrigue of it is an appeal to some people. I don't understand why. Is it a feeling of personal freedom or the challenge, the idea that you are with someone in spite of some obsticles or what?
Answer: i guess maybe to feel young again like you have no attachments. that's what my wife said, she was to young to get married she was only with a feeew guys.
Question: Is there an appeal in girls to have feelings for their boyfriends best buddy or really close friend? Is there an appeal in girls to have feelings or romantic interest for their boyfriends best buddy or really close friend. I am curious.
A girl I am friends with is dating my best friend and I think she likes me.
Answer: Unless she is hard-core hitting on you... I would not read too much into it. Girls find it very important to be friends with their boyfriend's friends. If she jokes around with you a lot and is very "flirty" and friendly, she probably feels confident in doing this without you thinking anything of it, since she is taken by your best friend... If she does something and you know she must have feelings, I would confront her before saying anything to your bud.
Hope that helps =)
Question: How long does a nj unemployment appeal decision take? I filed for NJ unemployment benefits back in December and was denied because I am in school. I sent an appeal in at the beginning of Jan. I am still waiting to hear a decision. Does anyone know how long this process takes? Also, does anyone know if people really do win appeals with unemployment?
Answer: It really depends on the specifics of your case and the backlog on the docket. Usually, it may range from a few weeks to a few months.
Question: What is the successful way to appeal college admission decisions? Need first hand advice on how to appeal college admission decisions. Does the student do it or do the parents do it? We are on the west coast and by the time our child is out of school the east coast offices are closed. Also if you are a Hispanic what organizations can help? Is it done via email, phone or letter? Also can you appeal more than one school? What is the proper etiquette and best way to pursue getting your child into a university? This is a child with a high GPA and did above average on the SAT/ACT. Also active in school and community.
Answer: Not everyone gets in.
School Admission Appeals:
http://www.schooladmissionappeals.com/?c…
Can't you just try another school? There should have been several applications made, not just one.
That's the breaks!
Question: How can I appeal to people (young and old) to join our Toastmasters club? I am currently a member of a Toastmasters club on a college campus.We are a small group of 10-13 but 7 of us come regularly. I want to get the word out to invite more people to our club. I have the sources (radio station,fliers,etc) but I want the invitation/fliers/radio ad to appeal to the people on and off campus, especially to the young folks. Any idea what I can say in the ads or how to do it?
Answer: Gosh, Milissa there needs to learn how to do a web search, doesn't she?
OK, your promotion needs to focus on the benefits of toastmasters for these people. I'd try several approaches.
First, I'd put fliers up anywhere that they hold public speaking or freshman communication classes, and let the heading say "Get a Better Grade in your Public Speaking/Communication class--While Having FUN!" Make sure fun is in big letters.
Second, you want to get the word out to any local businesses where people do regular presentations for sales/contracts/public relations/etc. Maybe also the local political parties. I would think the best way to do that would be to send business letters to individuals--call the companies and get the names. Write up a nice one-pager that gets straight to the point: (a) we understand that your job involves regular presentations (b) we'd like to invite you to toastmasters, an organization that can help you improve your job skills (c) history and purpose and process of toastmasters.
Third, find out if local high schools have speech and debate teams; approach them with the same message--Toastmasters lets you polish up your speaking skills in the time-tested way of speaking before a friendly, supportive audience in a relaxed environment.
That's your targeting marketing. Now, the use of radio/newspaper/other public announcements is for follow-up; the idea is that they'll attract only people who are already favorably disposed. I'm going to presume you don't have a big budget :-) so you'll go with the free stuff: public service announcements on your radio stations, free spots in the 'activities' sections of daily and weekly newspapers, and maybe fliers on bulletin boards and places near campus near the beginning of each academic term when new people might be showing up.
Question: What is the Appeal of Socialism and Why Do Many Americans Despise Freedom? On these boards, clearly anyone who opposes the rise of socialism and President Hussein Obama is a pariah and viciously scorned. Can the liberal progressives explain the appeal of socialism, indebtedness for decades and a monstrous central government micro-managing our lives?
Answer: medicare and medicaid are forms of socialism. People like them because they enjoy having medical coverage.
"Americans despise freedom"?
you must mean the anti-choice folks that want the govt running the lives of pregnant women or the homophobes that want the govt telling two consenting adults who they can marry
Question: What should an appeal letter for a student loan to a credit card company look like? Im trying to get a loan for school and Discover is the only company that told me I could write an appeal letter. I'd really appreciate any help with writing it.
Answer: Without changes in your application, they are going to deny you again. They want you to come up with a better cosigner. Don't waste your time writing a letter, put that energy into getting a better cosigner.
Question: Why did socialism appeal to the working class during the Industrial Revolution? Why did it appeal the most to 19th century workers?
Answer: Ignore Patrick's "answer" because it is one sided, and frankly, ridiculous. Socialism appealed to the 19th century worker because answers it offered applied to a lot of the problems every day people faced in those times; such as - crushing poverty, little education, job insecurity, housing insecurity, long work days, child labor, imperialist warfare, etc.
Socialism offered an answer to poverty in stating that the surplus labor value that is seized by the capitalist (rather lazily i might say actually since all the capitalist does is put wealth they inherit from their plutocratic kinfolk into buying machines for producing goods and buying labor by the hour) should be democratically distributed to the people who are actually doing the hard work of creating new value instead of being absorbed by the capitalists and helded up and horded for generations.
Socialism offered universal education. So instead of sending your kid to make ball-bearings for 12 to 16 hours a day they could rather go to school and get a proper education - as so befits a human being.
Before socialism/socialist reforms i.e. labor unions - there was little job security for the worker - they were at the mercy of the whims of the capitalist owner who's monetary policies were dictated by the chaos of the ever unpredictable "free" market. So, a secure job was also offered.
The same for housing - in the 19th century one could be evicted at the whim of the landlord, socialism offered to ameliorate this injustice.
People didn't believe they should spend 12-16 hours of their 24 hour daily lives working just to survive. So the slogan 8 hours for work, 8 hours for sleep, 8 hours for what you will was established - but i guess not wanting to work 16 hours a day is "lazy".
Child labor is inhumane. Socialism suggested treating children like children rather than smaller versions of labor-power commodities.
Yes, and of course there is the little matter of all the imperialist warfare the profit motive was creating during the 19th and early 20th century. People didn't like going to war for rich kings and fat cats. Socialism was thus against war for profit.
I know my argument might sound a little skewed itself, but I'll let you judge which one seems more close to the facts.
Question: How long do i have to appeal after a disciplinerary hearing? I have just been unfairly dismissed by my employer. I understand that I have to appeal to them before i can go to an industrial tribuneral, but how long do I have to appeal against the decision to my employer.
Answer: There's no SET amount of time - you should write and appeal as soon as possible, and if they refuse to hear it then move on to the tribunal.
The key thing is that you MUST bring your tribunal claim within three months of your date of dismissal less one day - ie if you were dismissed on 2nd November you must have it in by 1st February. This doesn't apply if you have reasonable grounds to think that the appeal process is still ongoing, but I would bung the form in anyway.
You can do it online at:
http://www.employmenttribunals.gov.uk/
Question: What is the average amount of time between an appeal and issue of decision at the federal circuit court level? What is the average amount of time between the filing of an appeal and the issuance of a decision/opinion at the U.S. Federal Circuit Court of Appeals level? What is this average for the 2nd Circuit Court of Appeals, specifically?
Answer: The backlog of the circuits varies tremendously, and a multi-month delay is very common. The 2nd Circuit is a bit unusual in that its judges usually reach their decisions immediately after oral arguments on a case. However, it may still be quite some time until the decision is written and released.
Question: How long does it take to resolve a student visa appeal? Asylum and immigration tribunal received my appeal application against student visa refusal on 16th April,2009.They told me that they will give me an appeal date on any date after 11th June.But I haven't yet received any date from them.
So I want to know that what can be the reasons behind this and how long will it take to resolve my appeal?
Answer: Contact AIT customer services quoting application reference.
Question: How do I write a letter of appeal to wage garnishment for repayment of student loans? Specifically I need a format and wording to use. I was informed in writing that my wages would be garnished for failure to repay student loans. I am filing an appeal citing the fact that 15% garnishment of my income would lead to financial hardship for my family. But I have no idea where to start to write the appeal.
Thanks in Advance!
Answer: To be honest with you, The U.S. Department of Education or any other student loan agency doesn't care. As long as you are making money, they can take a little from your check to pay back the loan. They will get the money one way or another. I honestly think appealing will not solve this problem. You may need to consolidate those student loans and PAY them each month. Advise them what you make and your financial hardship and maybe they will work with you on your monthly payment. If you decide to consolidate and still find it hard to pay you need to sat something up for a forebearance or deferment. By consolidating, this will help improve your already ruined credit.
Check with a company that consolidates defaulted loans (William D. Ford is a good one).
Question: How to file an appeal? Judge ordered me to pay child support based on a 2 year old loan application.? Judge orderd me to pay $400/week in child support. I only make $350 right now. He based his decision on a 2 year old loan application which my earnings were misrepresented by the loan proccessor. He said If that was inaccurate I shouldnt have signed it. Do I have a case for appeal?
Answer: As far as I know you certainly do. Child support should be figured from your present income. Your atty should have presented a statement from your employer stating that your monthly earnings are approximately $1400, or $350 per week. Tax returns also help prove your case. Although, if the child's mother filed the petition two years ago you may have to pay that amount. The judge is also correct about your income reporting. It should be accurate.
Question: Fundraising Ideas that would appeal to Univeristy students? For Free the Children? I'm looking to organize a day of fundraising for Free the Children, but am running low on ideas on how to workj things out. I've thought of the usual bake sale and all that but am looking for more original ideas that may appeal to university students. Can anyone help?
Answer: University students are BROKE!!! They raised my tuition 10 percent this year!!!!! You can't get blood from an empty wallet. Target the general public using student volunteers.
Ideas:
- Have a charity drive to collect scrap stainless steal, aluminum & copper.
- Get a costume store to supply big fuzzy costumes and go panhandel for the children at a local sporting event or old folk's home.
- Gather a large group and donate plasma with the procedes going to the charity.
- Hit up B-list celebrities for cash, send them a request via registered mail and in an omvelope with their favorite production company's corporate logo on it.
Question: What is Sex appeal and How does Rouge use her sex apeal and why does she use her sex appeal? Why use her sex appeal, she gets what she wants.
I think Sex appeal is something to do with romance and love.
Please and thanks!
Answer: Its your ability to put on the charm and show people hat you have to offer
Appeal Related Products and News
|
|
|
|
|