appellate procedure

Collateral Estoppel

The doctrine of collateral estoppel, a common law legacy codified by Ashe v. Swenson 397 U.S. 436 (1970), protects criminal defendants from being tried for the same issue in more than one criminal trial. In Ashe v. Swenson, the Court ruled that the...

Collateral Order Doctrine

Definition

Doctrine allowing appeals from interlocutory rulings (i.e., preceding final judgment) so long as those rulings conclusively decide an issue separate from the merits of the case and would be effectively unreviewable after final judgment.

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Court of Appeal(s)

Court of Appeal(s) has multiple meanings:
- First, the Court of Appeal(s) could be an intermediate appellate court. In this instance, it would be any state or federal court that hears appeals from rulings and judgments of...

Cross-appeal

Cross-Appeal

A cross-appeal is a request filed by an appellee requesting that a higher court review a decision made by a lower court. The difference between an appeal and a cross-appeal is essentially arbitrary and dependent only on who filed the...

Daubert Standard

Definition

This is the standard used by a trial judge to assess whether an expert witness’s scientific testimony is based on scientifically valid reasoning that which can properly be applied to the facts at issue.

Overview

This standard comes from...

De Novo

From Latin, meaning “from the new.” When a court hears a case de novo, it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case. An appellate court hearing a case de novo may refer to...

Decide

Definition from Nolo’s Plain-English Law DictionaryTo reach a determination of who is right and wrong in a legal matter, after looking at the facts and the law. Judges, hearing officers, magistrates, and arbitrators all may decide the outcome of cases...

Decision

In reference to law, a decision is a determination of parties’ rights and obligations reached by a court based on facts and law. A decision can mean either the act of delivering a court’s order or the text of the order itself. The text of a decision...

Declarant

A declarant is person who makes a statement they allege to be true. Typically, such statements are written and signed. A declarant is sometimes referred to as an affiant if the declarant's statement takes the form of a sworn...

Declaration

Formal statement, proclamation, or announcement such as an affidavit.

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