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appeal on legal grounds
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12-07-2013 10:09pm#1What sort of legal grounds could apply for the supreme court to accept that they have jurisdiction over a circuit court appeal judged in the high court? An appeal of an appeal from circuit to high to supreme.
A: If the order from a high court would be that one side loses on all points but that same side gets a financial compensation for damages would that not on its own be a ground? What law would apply to that?
B: What if a judge would assume that land bought outright with no right of way or infringements by MR A would have belonged to MR B all the time that MR B owned the land next to it? What if there is no proof of ownership by anyone else but the purchaser of this land MR A and the judge states it belongs and had belonged to the other party in that dispute MR B?
What laws or grounds would that judge ignore?
What if this judge then orders the p.r.a.i. to amend to his order?
C: What if a judge assumes that a track ran over land and had been running over land for time immemorial where no such prove is given and a photo on the ground shows no sign of any track, no tractor imprints nor any difference whatsoever with surrounding grass, and the judge assumes that from an areal point, if one were to take an areal photo, a track would be visible and therefore this track would have been used continuously for time immemorial?
What if two or more witnesses were to claim that this track did not run over this land in the past?
What if evidence from land registry were to state that a plot, with a house on it, was made a few yards bigger to accommodate for say a carport and it is accepted that this would suggest that land registry was very accurate in their measurements. But when a judge determines that land registry was wrong when they drew the plot as it does not resemble the recent situation, what error would that judge make? What grounds would there be to appeal the appeal?
E: What if a circuit court judge errors and when this is appealed the high court judge just takes this error as correct without checking the facts? And this judge dismisses the claim?
F: What if a judge ignores facts based beyond doubt on the law of physics or maths or similar, carried forward by a non official expert in that field, (who is an expert in a similar field) contradicting a certified 'expert' in that field who skewes reality and hides facts. What if the judge states that the non official expert cannot be right as he has not got the right certification and the 'expert' is certified and therefore must be right. What if the so called expert on other side has been caught out during cross examination but the judge simply sticks to the certified expert.
What grounds of appeal would there be in this high court appeal to appeal this appeal further to the supreme court?
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sunny Dublin wrote: »What sort of legal grounds could apply for the supreme court to accept that they have jurisdiction over a circuit court appeal judged in the high court?
A: If the order from a high court would be that one side loses on all points but that same side gets a financial compensation for damages would that not on its own be a ground? What law would apply to that?
B: What if a judge would assume that land bought outright with no right of way or infringements would have belonged to someone else all this time where there is no proof of ownership by anyone else but the purchaser of this land?
What laws or grounds would that judge ignore?
What if this judge then orders the p.r.a.i. to amend to his order?
C: What if a judge assumes that a track ran over land and had been running over land for time immemorial where no such prove is given and a photo on the ground shows no sign of any track, no tractor imprints nor any difference whatsoever with surrounding grass, and the judge assumes that from an areal point, if one were to take an areal photo, a track would be visible and therefore this track would have been used continuously for time immemorial?
What if two or more witnesses were to claim that this track did not run over this land in the past? What if evidence from land registry were to state that a plot, with a house on it, was made a few yards bigger to accommodate for say a carport and it is accepted that this would suggest that land registry was very accurate in their measurements. But when a judge determines that land registry was wrong when they drew the plot as it does not resemble the recent situation, what error would that judge make? What grounds would there be to appeal the appeal?
E: What if a circuit court judge errors and when this is appealed the high court judge just takes this error as correct without checking the facts? And this judge dismisses the claim?
F: What if a judge ignores facts based beyond doubt on the law of physics or maths or similar, carried forward by a non expert in that field, contradicting a certified 'expert' in that field who skewes reality and hides facts. What if the judge states that the non expert cannot be right as he is a non expert and the 'expert' is certified and therefore must be right.
What grounds of appeal would there be in this high court appeal to appeal this appeal further to the supreme court?
One should ask ones lawyers.
But just to deal with one issue expert evidence. Any person can give evidence to a court as to facts they witnessed, the court can give any weight it believes should be given to that evidence. If a person want to give expert evidence then that person must have expertise acceptable to the court. If two people give evidence on sat statistics, say one is a professor of the subject in say UCD, say has written 3 textbooks in the area and multiple peer reviewed articles. Say the other did a 2 week course with the University of Mumbo Jumbo, well the judge may prefer the evidence of the first witness. Say the judge is factually incorrect, well he has not made an error in law but in fact, certain appeals allow a full rehearing in relation to fact and law, other appeals only allow the Court to deal with errors of law, in other words the court is usually not allowed to upset the findings of fact in the lower court.
You story says two judges one circuit and the second high court, multiple witness a number of qualified lawyers all got very simple facts and basic law wrong. That I find difficult to believe. I could understand and accept, if it was difficult concepts or untested law.0 -
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sunny Dublin wrote: »So where are the good lawyers on this site? I asked these 6 questions so they would be answered, but no answers are given. We are looking at erred law here, not facts. Is the quiz to hard for you? Go on give it a try.
Probably out playing golf on a day like this
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