Appeal

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Appeal

A request to a higher court to review a previously completed criminal or civil case. In general, only one of the parties involved in the original case may appeal it.
References in periodicals archive ?
Grave abuse of discretion is commonly defined as the 'whimsical, arbitrary, or capricious exercise of power.
13) As recently as 2005, other states have even overruled past cases that used abuse of discretion to review hearsay rulings to create a new de novo review standard when reviewing hearsay rulings.
Orders resulting from those tangible examples of misconduct are less likely to result in an abuse of discretion.
Since the trial court believed that the defendant was attempting to mislead the jury, the supreme court found no basis for disturbing the trial court's determination and concluded that the trial court's decision was not an abuse of discretion.
Thus the apparent conclusion that all abuse of discretion cases will be decided on the total evidence and not just the administrative record remains in doubt.
The court action seeks a declaratory judgment finding the pediatric rule to be contrary to law, in excess of FDA's authority, arbitrary, capricious, and an abuse of discretion.
Directed by the Arkansas Supreme Court to narrow a gag order it called a "gross abuse of discretion," Juvenile Court Judge Stacey Zimmerman on July 24 also dropped her contempt finding against the Arkansas Democrat-Gazette for publishing a photograph of a 12-year-old boy accused of shooting a police officer.
Writing for the Court, Chief Justice William Rehnquist said the scientific studies presented in the district court litigation "were so dissimilar to the facts [in Joiner's case] that it was not an abuse of discretion for the district court to have rejected the experts' reliance on them.
Logically, whether the original allocation of income was an abuse of discretion must turn upon the actions of the agents and the factual findings and reasoning employed in arriving at the notice of deficiency.
based organization, the Foundation on Economic Trends,have charged that the EPA's issuance of the experimental use permit is "arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.
Under the law, those resolutions are prima facie evidence of necessity, and the landowners were required to prove an abuse of discretion by the City Counsel.
179) Most jurisdictions use the abuse of discretion standard of review for hearsay rulings as well.