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In common law systems, one feature that distinguishes a trial de novo from an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court).
Motion (legal) In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. [1] It is a request to the judge (or judges) to make a decision about the case. [1] Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court ...
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. [1] Depending upon the rules of the jurisdiction and the decision of the court that ordered the new trial, a new trial may occur if: [2][3] a jury is unable to reach a verdict (see hung jury);
The Judiciary is a co-equal branch of Government to the Executive and the Legislature. [30] Under the 1987 constitution, Judicial terms of office are out of sync with other offices such as the President of the Philippines, to promote independence. The President appoints individuals to the judiciary.
Facade in 2023. The Sandiganbayan (lit. ' Support of the nation ' [2]) is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees, including those in government-owned and controlled corporations.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
The Court of Appeals (Filipino: Hukuman ng Apelasyon[2]) is an appellate collegiate court in the Philippines. The Court of Appeals consists of one presiding justice and sixty-eight associate justices. Pursuant to the Constitution, the Court of Appeals "reviews not only the decisions and orders of the Regional Trial Courts awards, judgments ...
Remand (court procedure) Look up remand in Wiktionary, the free dictionary. Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to ...