Question

What can overturn a federal court of appeals decision?

Answer 1

Generally, the case will not be overturned over issues of fact, but will look to see whether the law was correctly and properly applied. Most often, the decision will only be changed if a legal or procedural error was found with the original decision.

In any event, there are many cases where the Court of Appeal will overturn decisions without implying any criticism of the original judge, for example, where the lower court was required to follow an earlier decision of the Court of Appeal which is subsequently found to be incorrect.

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