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Because of https://www.law.cornell.edu/uscode/text/28/47 https://www.law.cornell.edu/uscode/text/28/47 It makes sense. When you appeal you want a different pe
by sbov 8y ago
Because of https://www.law.cornell.edu/uscode/text/28/47 https://www.law.cornell.edu/uscode/text/28/47
It makes sense. When you appeal you want a different person's opinion, not the same person's multiple times.
- thaumasiotes 8y agoIt makes less sense on closer examination than it does at first glance. I want a different person's opinion when I lose in court, regardless of whether I do appeal or whether I can appeal. But wanting it doesn't mean there's a reason I should get it. I can appeal to a higher court because the higher court has authority over the lower one; the basis for an appeal is that the lower court made a mistake, not that I personally feel that I'd be better off with a judgment going the other direction.
- sbov 8y agoCourts make mistakes (in the appealer's view) because people misinterpret evidence/the law. If you get the same people in a higher court the same mistakes will happen again.
- thaumasiotes 8y agoBut mistakes in the appealer's view don't matter. You win an appeal if the lower court made a mistake in the view of the higher court.
- deleted 8y ago[deleted]