@[email protected] to [email protected] • 9 months agoWishing you guys a happy civil war 2lemmy.worldimagemessage-square48fedilinkarrow-up1419arrow-down121
arrow-up1398arrow-down1imageWishing you guys a happy civil war 2lemmy.world@[email protected] to [email protected] • 9 months agomessage-square48fedilink
minus-square@[email protected]linkfedilink14•9 months agoThat’s not how American courts work? The upper court can find issue with practically anything it likes.
minus-square@[email protected]linkfedilink16•edit-29 months ago That’s not how American courts work? Nope. The court of appeals can find fault with the methods, procedure, precedent etc but not the facts. (Also, that’s not how question marks work.)
minus-square@[email protected]linkfedilink8•9 months agoBut here’s the thing: they could easily say the method that led to the finding is wrong. It’s not a fact.
minus-square@[email protected]linkfedilink-4•9 months agoIf it’s decided by the lower court it is held as fact. It may not in your opinion be correct but it is verifiably a fact at this point.
minus-square@[email protected]linkfedilinkEnglish5•9 months agoLower court: “We find that since the man was found dead from dehydration, he must have been killed by the accused’s witchcraft that sucked his fluids!” Higher court: Looking at a body covered in bruises from a long fall “I’m sorry, what…?”
minus-square@[email protected]linkfedilink-1•9 months agoNot fact finding they can kick it back to lower courts and say try it again but if the lower court says no they’re stuck with it.
That’s not how American courts work? The upper court can find issue with practically anything it likes.
Nope. The court of appeals can find fault with the methods, procedure, precedent etc but not the facts.
(Also, that’s not how question marks work.)
But here’s the thing: they could easily say the method that led to the finding is wrong. It’s not a fact.
If it’s decided by the lower court it is held as fact. It may not in your opinion be correct but it is verifiably a fact at this point.
Lower court: “We find that since the man was found dead from dehydration, he must have been killed by the accused’s witchcraft that sucked his fluids!”
Higher court: Looking at a body covered in bruises from a long fall “I’m sorry, what…?”
Not fact finding they can kick it back to lower courts and say try it again but if the lower court says no they’re stuck with it.