One of the most commonly encountered rules of appellate procedure is the requirement that a claim of error must be raised at trial in order for an appellate court to consider
the alleged error on appeal.
Meanwhile, one of the aspirants of the APC in Ondo State, Dr. Tunji Abayomi, has said
the alleged error on the delegates» list used for the last Saturday's primary had nothing to do with the victory of the winner of the election, Rotimi Akeredolu.
Her proof: A story shopped by her campaign about
an alleged error on Gillibrand's 2010 tax return that the Gray Lady refused to touch.
Not exact matches
In my blog
on Bobby Kennedy, I know I made one mistake, and at least two readers have written the editors (not me) to
allege that I made another one, «a terrible
error.»
An appeal
on the merits is not available for Tribunal merger authorisation decisions, but the ACCC is seeking judicial review,
alleging three reviewable
errors, including that the Tribunal erred in its reasoning that «it could only conclude that the proposed acquisition was likely to result in a detriment if the Tribunal concluded that there would be a substantial lessening of competition».
Harmon
alleges that while, «under federal law, we can not discuss individual students» circumstances publicly... the resolution is predicated
on errors of fact... no student has been suspended in the situation being referenced.»
The focus
on alleged errors with climate impacts is really a recent arrival, beginning in earnest at the end of last year, when questions began to be raised about the IPCC's projections for Himalayan glacier melt.
Earlier this month, a federal appellate court issued an opinion dismissing a plaintiff's appeal based
on the plaintiff's failure to object to an
alleged error at trial.
However,
on appeal, the court refused to consider the plaintiff's claims because he did not present the lower court with the opportunity to correct the
alleged errors.
The co-conspirators» evidence:
Errors are
alleged in relation to the Vetrovec warning portion of the charge, allowing the Crown to cross-examine Dam
on his statement and guilty plea, admitting the guilty plea for its truth and precluding the defence from cross-examining Dam about the police assault
on T; and
The study presents data
on number of claims by area of law, number of lawyers in the firm, type of activity, disposition of claim, type of
alleged error, indemnity dollars paid to claimant and other categories.
281 (1) After the Licence Appeal Tribunal issues a decision, the insurer shall not reduce benefits to the insured person
on the basis of an
alleged change of circumstances,
alleged new evidence or an
alleged error except as provided under this section.
These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless
error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc.,
on whether a provider of pay phone services can sue a long distance carrier for
alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based
on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture
on them.
Secrecy surrounding medical
errors has been pervasive and has
on occasion resulted in concealment of
alleged negligent misconduct.
Risks relatively low for family law litigation When claims are reported to LAWPRO, they are «coded» based
on area of practice and the nature of the
error alleged.
In a decision recently posted
on the Swedish Arbitration Portal a party sought to set aside an award
alleging, among others, that by disregarding evidence the tribunal exceeded its mandate and incurred in a procedural
error
In a decision recently published
on the Swedish Arbitration Portal, the Svea Court of Appeal rejected a challenge
alleging that the arbitrators had committed procedural
errors and exceeded their mandate.
It is
alleged by the defendant in
error in this case that the plea to the jurisdiction was a sufficient plea; that it shows,
on inspection of its allegations, confessed by the demurrer, that the plaintiff was not a citizen of the State of Missouri; that, upon this record, it must appear to this court that the case was not within the judicial power of the United States as defined and granted by the Constitution, because it was not a suit by a citizen of one State against a citizen of another State.
There was certainly nothing unreasonable about trial counsel's
alleged failure to call corroborating evidence
on these issues when the proposed evidence did not relate to material issues but only to facts the trial judge accepted... In the result, we did not find any
error in the reasoning of the trial judge and also find that trial counsel did not act unreasonably by deciding not to call corroborating evidence
on the issues of his relationship with Ms. Peters and physical condition as the evidence
on these matters had already been accepted by the trial judge (at paras. 11 - 12).
An
alleged error of law by a judge of the Superior Court of Justice does not,
on its own, qualify as a special circumstance justifying a judge of the Court of Appeal to entertain a review.
Justice Veldhuis denied leave to appeal
on the basis that the county failed to establish a reasonable prospect of success
on each
alleged error of law.
A product liability case based
on a design defect
alleges that although the design of the product may have been adequate,
errors were made during its manufacture that then lead to injury.
Already, the English courts have signalled a limited retreat from the advances widely thought to have been accomplished by Anisminic — in Cart the UK Supreme Court did not employ the concept of jurisdictional
error to determine how to control
alleged illegalities committed by the Upper Tribunal and preferred to rely
on pragmatic considerations to limit the scope of review.
In short, we should be able to assess, in an informed and rational fashion, the likely impact of an
alleged error or event
on the deliberations of the jury and
on the fairness and reliability of its verdict.
This increased attention included a Federal Trade Commission (FTC) report recommending regulations
on data brokers, the FTC charging companies with
alleged Fair Credit Reporting Act (FCRA) violations, a National Consumer Law Center (NCLC) report
on inaccurate background checks, two New York Times editorials, the Consumer Financial Protection Bureau (CFPB) increasing supervision of background checks, and an NBC Today Show report
on background check
errors.
... [T] he thrust of the booklet is not just to join issue
on some of the Report's arguments or conclusions, or to correct some
alleged errors.