Civil law: appeals Flashcards

1
Q

Access to justice act 1999

A
  • rule 25: permission to appeal to be obtained for almost all appeals
    can be obtained from court of instance or appellate
  • realistic/other reason for appeal
  • permission to appeal is not required: liberty of subject at stake
    -the act: one level of appeal to the courts
  • appeal only allowed where decision of lower court is wrong or injust
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2
Q

first instance and appellate

A

first instance: court claim first heard in

appellate: court party is appealing to: permission will be given where appeal is realistic/has purpose of success
- where permission is not required: rejection of tiabeas carpus? law that states person cannot be imprisoned unless they have been bought before court of law (which will decide if they prison or not)

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