Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I quit my job due to harassment and filed for unemployment. Originally, I was denied, so I filed for a hearing. The employer did not show up, but I stated my reasons and was granted unemployment.
A few weeks later, I was sent a letter that the employer contested. I attended the second... View More 
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answered on Jul 17, 2017
The employer can appeal, but probably won't waste the time and money doing so.
there were no outstanding bills from any medical corp.
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answered on Jun 20, 2017
More information is necessary, ask your attorney for the appellate court's decision.
The CA affirmed and the S. Ct denied cert, but the lower court later amended the judgment as a clerical error. What is the effect of such a judgment
answered on Jun 6, 2017
Only one court has jurisdiction of a case at any one time.
If all the appeals and cert. Denial occurred before the lower trial court amended due to clerical error then courts retain jurisdiction to amend for good cause. It was their case to begin with.
If the lower court did it... View More
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answered on May 26, 2017
Appellate courts have some discretion over what cases they hear, but generally if there is believed to be a manifest error by the trial court in their application of the law an appeals court will hear the case.
I have legal standing and a very strong argument to challenge the constitutionality of a NY statute. My attorney says I can't challenge the law in the Supreme Court, and that my judge must apply the law as written. She says I must go to another court but doesn't know which one. I think... View More
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answered on May 26, 2017
A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.
My girlfriend's step-brother was dating a woman with a daughter who is now 14. The mother passed away so the daughter now lives with her father. She wants to live with us because she feels better being here. Her home life is not the best because her father is an alcoholic who is verbally and... View More
answered on May 8, 2017
The answer is a YES; unless you receive something called a petition in the mail ( certified mail return receipt requested & someone has to personally attest to serve… I would recommend "nail anx mail (we can discuss that) --- Anyway, off the top of my overworked head ...... View More
I'm trying to get a better understanding of these cases a someone whose not a law student. From what I understand, obscene material is determined to be so (Roth decision) when it meets only one of the three prongs ( a. whether "the average person, applying contemporary community... View More
answered on Apr 27, 2017
See: http://courses.cs.vt.edu/professionalism/Censorship/3-prong-test.html
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More
Slip and Fall accident on the landlord property September 2014. ORIF Surgery. 12 weeks off work. Had a lawyer working on my case. The judge dismissed the case as there were not enough evidence to prove negligence. I believe that guardrail could have prevented me to go on the slope where I... View More
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answered on Apr 18, 2017
An appellate attorney, look for one that has experience in personal injury cases. Appeals can be very expensive.
that the trial court decided?
answered on Apr 12, 2017
Appeals courts review questions of law from scratch (called de novo, in Latin) and only facts determined by an abuse of discretion. If you disagree with the law, that is enough. If you disagree with the facts, it has to be a clear error of reviewing evidence, and not just a judgment call.
the case was granted for answer and the court granted the defendant with 30 days to file the answer, while arguing the case the defendant used another case that I file against another party at federal court the defendant had exact copies of the paper work file at federal court..
1-is it... View More
answered on Mar 23, 2017
Your question makes no sense which indicates to me you should have a lawyer. Court procedure is different in each court. As to using court documents from other cases not only is it legal, it is smart.
answered on Mar 18, 2017
What kind of rating? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More
answered on Mar 18, 2017
As long as you are within the time allowed, appeals are as of right from final determinations. But beware, the deadline to file is absolute.
I am going through a divorce and signed a settlement agreement. The divorce has not been finalized yet. I have had an unforseen extreme change in circumstances healthwise where I will no longer be able to work due to an accident, and so requested maintenance which I had given up in the settlement... View More
answered on Feb 26, 2017
The settlement agreement is a contract and is governed by contract law. The contract can be voided under very limited circumstances, such as duress, undue influence, under age of majority at the time of signing. The bargained for agreement cannot be undone. So, the judge correctly denied your... View More
Should you specify the precedent and argue how it does not apply to your case your should you not mention it at all?
answered on Feb 20, 2017
Lawyers have to speak to adverse precedents that are directly on point in that jurisdiction, arguing how that precedent does not apply to the facts or is contravened by other laws. When you're a pro se litigant, it may be best to do the same. More details are necessary to provide a... View More
answered on Feb 3, 2017
Contact the court clerk. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More
Does the date "submitted" refer to the date that the oral argument was made in front of the panel or do they refer to the date that the panel said, "hey, we have an answer, but we are working on writing it all out, so stay tuned"?
answered on Feb 3, 2017
When you provide the court clerk with documents is when they're considered submitted. When the court clerk stamps the documents and enters them into the record is when they're considered filed. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
answered on Feb 3, 2017
See: https://dmv.ny.gov/tickets/appeal-tvb-ticket-conviction
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,... View More
My now wife was in a bad DV relationship prior. 3 yrs ago she left me again for this guy again. I know him. I found out and broke only his windshield. She states she was forced by him to file a OP/family offense. He turned her in to a addict.Now-court directs her to write letter to drop a expiring... View More
answered on Feb 2, 2017
This sounds like a chaotic situation. Have a lawyer review the facts with a fine-toothed comb to determine your best options, be they divorce, custody, criminal, and/or tortious in nature. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
My lawyer coerced me to plea guilty for fake driver licence (2-6 year), but for that matter I am not guilty. I plead guilty because physically I couldn't wait trial anymore after 2.5 years being detained at rikes island. That was a reason why i plead guilty. Then I plead guilty because my... View More
answered on Feb 2, 2017
Have a lawyer review your case to see if you have any basis for appeal in the first place. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More
What is the specified event that needs to occur?
answered on Feb 1, 2017
Your question needs clarification. Generally, appeals have very short filing deadlines after the judgement is issued. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
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