Monograph Series · Third series › Part IV Finality, appeal and the correction of error › III-26 · First edition
The Threshold of a Final Appeal: Factual Disputes and Violations of Law
Can an unfavorable finding of fact be disputed again before the court that reviews only questions of law?
Volume contents
Abstract
This volume asks whether an unfavorable finding of fact can be disputed again before the court that reviews only questions of law. A final appeal is not a repetition of the fact-finding instance. Rather than dressing up dissatisfaction with the facts as an assertion of a violation of law, the appellant must clarify the relationship between the record and the legal rules that bind the lower court's determination. The path to relief opens where a violation of law that affected the judgment, or a ground for final appeal under the relevant special act, is specified and lawfully submitted, and closes where there is only a demand for a fresh evaluation of lawfully established facts and no ground of violation of law to be heard. The six sections address, in turn, the violations of law that a final appeal examines, defects in the composition of the court, challenges without a statement of grounds, the limits of the hearing, the conditions for exclusive authority over facts, and the different threshold for small claims cases. The strongest counterargument is as follows. Where a finding of fact is wrong, the restriction to questions of law leaves a substantive error in place. Reconstruction of the opposing party's legal theory and techniques of written persuasion are not addressed in this volume.
Synthetic case
The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.
Plaintiff A claims to have been wronged by the lower court's refusal to believe a witness, but has not yet identified which legal rule was violated.
6 sections and their questions
- 01The Violations of Law That a Final Appeal Examines
Is a final appeal a proceeding that determines the facts anew from the beginning?
20 min - 02Defects in the Composition of the Court
Which procedural defects does the law treat as especially grave?
20 min - 03Challenges Without a Statement of Grounds
If a petition for final appeal has been filed, is a statement of grounds unnecessary?
19 min - 04The Limits of the Hearing
Does the court of final appeal resolve every question of law?
19 min - 05The Conditions for Exclusive Authority over Facts
Which facts bind the court of final appeal?
21 min - 06The Different Threshold for Small Claims Cases
Can the same grounds for final appeal be used in every case?
21 min