Appeals / Appellate Law Questions & Answers

Q: #1, on a workmans comp case waiting the appeal hearing for next month, how does the state recognize "employment" from an

1 Answer | Asked in Appeals / Appellate Law, Workers' Compensation and Civil Rights for Pennsylvania on
Answered on Jan 22, 2018

Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work. Who oversees the work. Whether the alleged employee has the right to come and go as they please among other factors. It is rather complicated, and if you are found to be an employer you could face...
View Details »

Q: If one is convicted of a serious crime under a P/D Do they have the right to appeal with a different attorney

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Answered on Jan 22, 2018

Yes. The defendant may hire private counsel for the appeal.
View Details »

Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage Counties, the new filing will be assigned to the original judge.
View Details »

Q: have a motion to revoke on probation. the judge said it's a schedule 2 review. completed drug rehab

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Probate for Oklahoma on
Answered on Jan 22, 2018

If you are in compliance, and show up with an attorney, you will probably be okay. However, the worst thing that is possible is that you are revoked for the full term of your probation and you go to prison.
View Details »

Q: MY insurance denied my claim. How do I go about appealing the decision?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for California on
Answered on Jan 22, 2018

Sounds like your insurance company doesn't believe you regarding the theft.

If you are unfairly denied the benefits under the policy, you sue the insurance company for bad faith.
View Details »

Q: Can a separation agreement be volunteer dismissed If one spouse disagree? Submitted to attorney/Judge

1 Answer | Asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois on
Answered on Jan 19, 2018

A separation agreement doesn't get dismissed, since it is not a complaint or petition serving as the basis for the case. It is an agreement intended to move an existing case (which could be dismissed under the right circumstances) toward a conclusion. A separation agreement can be withdrawn if a party no longer agrees with its terms, but this is not the same as a dismissal.
View Details »

Q: separation agreement was discuss in chambers . With Affidavit and discovery. Can plaintiff volunteer dismiss

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Civil Rights for Illinois on
Answered on Jan 19, 2018

If I've got it straight, your question is whether a plaintiff can voluntarily dismiss her case. As a general rule, yes.
View Details »

Q: AG stated in OSC on my writ of habeas corpus that it was returning to the superior court for handling. What does it mean

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jan 18, 2018

I would have to see the Writ regarding what relief was being sought, against whom, which court, whether the Writ was prepared properly in conformity with the complex rules of appellate procedure as well as the procedural history to determine why it was being returned to the Superior Court for handling.
View Details »

Q: I have 2 tix. Speeding/no show. Yet they're from 3 years ago. Are they still valid?

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Collections and Public Benefits for California on
Answered on Jan 14, 2018

they will stay there until taken care of and they are now bench warrants.

that makes it a little more challenging for you and your lawyer.

go to court and work out a payment plan.
View Details »

Q: If an appeal is filed on a final judgement after a divorce and the csp was awarded cs. Does the ncsp still have to pay.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Child Support for Georgia on
Answered on Jan 13, 2018

Yes! Until it is reversed on appeal the trial court's order is in full force and effect.
View Details »

Q: Requested to see a judge in small claims but was sent to an arbitrator who I believed was a judge. Now I cannot appeal

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Civil Litigation for New York on
Answered on Jan 12, 2018

There is nothing you can do. They make a speech about arbitration and by the court in the beginning, and that speech is the same in every court. No one will believe you.
View Details »

Q: Do you have to go through a trial before filing a case with the state supreme court?

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Jan 11, 2018

In ordinary circumstances, not only must you go through a trial through to judgment, but you must also go to the appellate court and be unsuccessful in that court before you can petition the Supreme Court for review. Then, if your issue involves an important public policy, you could petition the state Supreme Court for review of your case. But even then there is no guarantee that the Supreme Court will accept your case for hearing.
View Details »

Q: X was a foster parent to defendant when D was a minor.( D now 25), can foster parent X testify against D?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Answered on Jan 11, 2018

i don't see why a foster parent could not testify against child......however a lawyer would need a lot more info
View Details »

Q: Can my court supervision be revoked if it is already done and paid for?

2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Illinois on
Answered on Jan 9, 2018

If the term of the Supervision has passed it cannot be revoked.
View Details »

Q: what can i do if my sister did elder abuse against my father to financial take everything from him and now he is dead.

1 Answer | Asked in Appeals / Appellate Law and Elder Law for California on
Answered on Jan 8, 2018

This question is difficult to answer without knowing where your father resided. If in North Carolina, where your sister also resides, you will need to retain an elder law attorney there. If your father resided here, you should contact an elder law attorney local to where he resided and where your mother currently resides.
View Details »

Q: How long can the courts hold you to a earning potential ? We keep appealing it and nothing happens! Help ! PART 1!!

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Support for Pennsylvania on
Answered on Jan 4, 2018

I assume you're posting the rest of your question later? I can tell you that 50/50 custody is calcluated by overnights so, if your BF doesn't have the children overnight for 7 nights out of every 14, he doesn't have 50/50 custody, no matter how many days he has them without sleeping over. He may be entitled to a reduction in his support if he has them more than 40% of the time, however.
View Details »

Q: I have been attempting to have my deceased husband's death certificate amended for almost 2 years... need legal aid

1 Answer | Asked in Contracts, Family Law, Appeals / Appellate Law and Probate for New York on
Answered on Dec 27, 2017

This is not complicated. There is a proceeding with vital records.
View Details »

Q: sentenced 20 yrs for a violation (curfew) the new charge has been dismissed how long will the appeal process take?

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Answered on Dec 27, 2017

Sadly, just because a new charge is eventually dismissed does not mean that a judge’s findings at a revocation hearing are incorrect. There are different burdens of proof when comparing revocation proceedings to trials on a new criminal charge (“preponderance of the evidence” vs. “beyond a reasonable doubt”). His appellate counsel should know more about how is appeal is looking and whether there are good arguments for attacking the judge’s revocation of his probation.
View Details »

Q: In a civil slip and fall case, do I have a 51% chance to win an appeal that has a video of the incident?

3 Answers | Asked in Appeals / Appellate Law and Personal Injury for California on
Answered on Dec 20, 2017

Chances of winning depends on facts, including what's on the video. Since you haven't provided any facts, or video, it's impossible to say who would win.
View Details »

Q: Can a lawyer who has no claim in an estate be appointed personal representative over daughter named in will?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Probate for California on
Answered on Dec 20, 2017

If you are the daughter and you are nominated in the will as executor, then you should bring a probate petition to administer the estate. Otherwise, if you don't file a petition, you will not be appointed as the executor.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.