Going to court can be a bit tricky for those who have little to no experience with the criminal justice system. There is an entirely new lingo that you must learn if you want to be successful with your legal team. One of the main terms that you are likely to hear in court is “appeal dismissed.” What does this actually mean and how does it affect your case?
For a better understanding of this legal jargon, here is a breakdown:
What Does it Mean?
Before we can dive too far into what it means to dismiss an appeal, you should have a good idea of what an appeal actually is. An appeal means that a higher court must review a decision that was made by a lower court or tribunal. This type of case is brought before a higher court when there wasn’t a favourable decision made at the lower level. Once the appeal reaches the higher court, they may affirm the original decision, reverse the original decision, or modify it in some way.
If the appeal is allowed, that means that the court has decided in favour of the appellant or the party who brought the appeal forward.
On the other hand, you might be hoping for an appeal to be dismissed. Appeal dismissed means that the court will decide in favour of the respondent or the party against whom the appeal is brought. This decision is made against the appellant who brought the appeal forward.
When Will Appeals be Dismissed?
Understanding what it means is only half the battle. You must also understand the framework for when a higher court might be apt to dismiss an appeal. For example, a higher court may be likely to dismiss if you do not follow the strict rules and regulations surrounding an appeal. If the appeal seems like a flippant waste of time, they are also likely to dismiss it.
In other scenarios, they can file an appeal dismissed if the case is essentially a “moot point” by the time it arrives in the higher court. This might be the case if you were filing for an appeal due to unjust working conditions in your workplace. If the conditions were changed before the appeal hearing or a strike was resolved, then the case becomes moot and may be dismissed.
An appeal should be based on actual legal merit. A legitimate appeal could be filed because a judge gave unclear directions to a jury that affected the end result of the trial. However, you can also file a frivolous appeal that is more likely to be dismissed.
Understanding the Legal System
Understanding the legal system can be quite complicated, which is why you should always have the best legal representation on your side. If you are facing charges, and need a criminal lawyer in Winnipeg make sure to hire Brodsky Amy & Gould for your defence today. We can help you face the charges and file an appeal if necessary.