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RE: I have no opinion on the merits of this case, but ...
Actually Appeals Courts are exactly NOT "supposed to take a fresh look at the case based on the evidence presented to you and make yoyr (sic) own decision". If that were true it would mean that the lower courts would have no authority since if a party did not agree they could just keep appealing until getting the desired decision. I understand that to some it may look that way.

But Appeals Courts are only supposed to overturn the lower court ruling if the lower court has made an error as a matter of law. Whether their judgment was flawed is irrelevant. If the lower courts ruling was correct as a matter of law then the Appeals Court does not have the ability to overturn the judgment even if the Appeals Court might have ruled in the other direction upon the same evidence.

If an error in a matter of law is identified, however, the Appeals Court then has broad powers to change judgments which may lead some observers to incorrectly believe that it is the Appeals Courts job to take "a fresh look".

I hope that helps
Posted by: amaelstrom   Posted on: 01/26/07 You are currently: a Guest | Members login | Terms of Use
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I have no opinion on the merits of this case, but...  Jose Jimenez | 11/04/03
In the Bush/Ashcroft Justice department....  mlindl | 11/04/03
sigh  stephen732@... | 11/04/03
Kool-aid  samp_z | 11/05/03
RE: I have no opinion on the merits of this case, but ...  amaelstrom | 01/26/07
Mass. AG about to be spanked.  No_Ax_to_Grind | 11/04/03
Wrong tree, but the Axe keeps chopping.  John Le'Brecage | 11/04/03
Wild guess.  Fred Fredrickson | 11/04/03
Yo Bit, go grind your axe elsewhere. . . This is a shill-free zone. . .  Plain Logic | 11/04/03
No Facts to Grind  Nullifidian | 11/05/03
Let's watch and see who is right.  No_Ax_to_Grind | 11/05/03
M$ bribes again!  screaming silence | 11/04/03
how about...  pschroeder@... | 11/04/03
I prefer...  John Le'Brecage | 11/04/03
do you  Ardian Daka | 11/05/03
screaming ignorance NT  vdraken | 11/04/03
Proof Please?  rapson | 11/04/03
Proof ?  NT Admin | 11/05/03
Does only one side need proof?  rapson | 11/05/03
All I can say is wow.....  Heatlesssun | 11/04/03
That's the point of the appeal  Robert Crocker | 11/04/03
You understand the problem - here's my remedy.  Fred Fredrickson | 11/04/03
Somebody is doing something about competition...  mlindl | 11/04/03
Linux needs its own OEMs  Ardian Daka | 11/05/03
You are blind if you can't see!  DarbyOhara | 11/04/03
Yes its corrupt.  vdraken | 11/04/03
Proof please?  John Le'Brecage | 11/04/03
I thought proof wasn't required  rapson | 11/04/03
you require no proof, you believe everything m$ ever said  stephen732@... | 11/04/03
Proof  richhayes | 11/10/03
Proof?  Ardian Daka | 11/05/03
Re: Yes its corrupt  Martin Marvinski | 11/04/03
Check your facts, vdraken  mlindl | 11/04/03
Wrong date  Ardian Daka | 11/05/03
Sour Grapes is not PROOF. Try again.  No_Ax_to_Grind | 11/05/03
I think judges right  lmaxwell | 11/04/03
Maybe but there is a flaw in your logic....  mlindl | 11/04/03
Appeals to the Appeals to appeal the appeals  FilledOut | 11/05/03
The system is broken  interlocutor | 11/05/03
Well for you anyhow..  No_Ax_to_Grind | 11/05/03

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