The law allows those affected by a court decision to seek reversal of that same decision by an appeals board.
The board looks for errors committed during the process/trial that led to the decision.
• Had there been an illegal interpretation of some legal precedent?
• Had the judge allowed introduction of improper evidence?
• Had the judge let members of the jury listen to hearsay evidence?
What actions might an appeals board take, after reviewing a court’s decision?
• It might rule in favor of the court’s decision.
• It might call for reversal of the original decision.
• It might order the holding of a second trial.
What factors could sway a decision by the appeals board?
An appellate brief: That is a statement presented by the loser at an earlier trial. It contends that the judge in charge of the earlier trial failed to apply the law correctly. A brief could serve as the basis for questions posed to personal injury lawyers in St Thomas for each party’s, by the judge at the appeals court.
The accuracy of material in the claimant’s medical record could shape the decision by the appeals board. By the same token, testimony from a medical expert might indicate that someone had failed to provide an adequate interpretation for the material in the claimant’s medical record.
What actions might a loser take, after hearing the unfavorable decision from the appeals board?
Someone that had failed to appreciate the reason for the board’s decision would have the right to make an appeal to the State Court. The State Court could uphold the earlier decision, call for a reversal of that same decision, or agree to have the case retried in a courtroom at the District Court.
Someone that was not in agreement with the decision by the State Court would have the right to submit an appeal to the District Court. If the District Court did not choose to uphold the ruling by the State Court, it could call for a reversal or have the same case sent to the Supreme Court.
What could happen once a case has made its way to the Supreme Court?
If the 9 justices on the Supreme Court agree with the ruling by the District Court, then those same justices see no reason for scheduling a hearing. Thus, the ruling by the District Court tells the public that the same ruling represents the law of the land.
However, if there is some controversy, concerning the constitutionality of the District Court’s ruling, then the Supreme Court does hear an argument from both sides. It might decide to agree with the earlier ruling. Alternatively, it might declare all or part of the controversial law or provision to be unconstitutional.