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What is the final court of appeal for both civil and criminal law?
The U.S. Supreme Court is the final court of appeal for both civil and criminal law.
What do you call a request to reverse a trial's final decision?
A request to reverse a trial's final decision is called an, "Appeal".
What does Judgment Of Conviction And Sentence mean?
In criminal law a final judgment of guilty in the criminal case and the punishment that is granted.
Is summary judgment final?
Summary judgment is a final judgment that disposes of an entire case or specific issues within a case without a trial. It can be appealed, but if no appeal is filed, the decision becomes final.
How can someone file for a Supersedeas Bond when the judgment in the case was final?
The purpose of the bond is to maintain the status quo at the time of finial judgment. If a debtor can prove that the prevailing party will not be prejudiced by waiting to collect their judgment, then execution on that judgment can be stayed during the appeal. Although the judgment is final, the appellate court could find some error in the district court's actions and reverse that judgment. The bond allows the debtor to avoid the hardship of having their property liened and wages garnished if they can prove they will pay if the appellate court upholds the judgment.
I was recently given a final judgment in a case of eviction and now the tenant has filed a Supersedeas Bond. How can she do this when the judgment was final?
A Supersedeas Bond allows a tenant to stay eviction pending appeal by posting a bond that covers the judgment amount. This effectively prevents enforcement of the judgment until the appeal is resolved. It is a legal option available to tenants to delay eviction even after a final judgment has been issued.
What happens if you don't have a final judgment or divorce decree but a judgment for status only leaving property issues to be resolved but no final judgment or divorce decree is filed?
If there was no final judgment there was no divorce.
What is final disposition means on civil case?
It means exactly what it sounds like. The END of the case. It is the FINAL disposition of the case. A decision or verdict has been rendered, and judgment meted out.
Is there a time frame after the final judgment in probate for the assets to be distributed?
The distribution should be made as soon as the final judgment is issued.The distribution should be made as soon as the final judgment is issued.The distribution should be made as soon as the final judgment is issued.The distribution should be made as soon as the final judgment is issued.
What is a amended judgment means?
This is when a court amends (or makes clearer by some change in wording) a judgment when the original judgment has ambiguities or other confusing wording that may cause the actual intent of the judgment to be seen in a different way. It is basically to clear up any confusion or make clear the intent of the original judgment.
What does vacate the judgment mean?
Vacate means to do away with. In court a judgment becomes final when the case is over and a judge has signed a piece of paper. The judgment is then effective until it is satisfied (by payment, or by doing whatever the judgment says) or until the judge has a legal reason to set the judgment aside. For instance if an appeal is filed, and some other judge says the first judge was mistaken, the second judge will vacate (put in suspense) the judgment. The judgment does not then have to be obeyed at that time. A court of appeals can reverse a case and change the judgment, or reverse the case and vacate the judgment (everybody starts over and you retry the case until you get a new judgment)In the UK there is a phrase known as "set aside judgment". This phrase normally describes a procedure by which judgment has been granted to a Claimant because no Defence has been filed within a prescribed time period. If however, there was good reason for this - such as the Claim was not properly served then the Defendant can apply to "set aside judgment" and if this application is granted the Defendant can enter a Defence.
What is the purpose of criminal appeals in the USA justice system?
The purpose of Criminal Appeals in the USA Justice System are to protect defenders against prejudice and legal error in the proceedings and to refine the doctrines of Criminal Law. It also allows the defendant the right to appeal against any final judgement.
