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You are talking about the legal ground for appeal, not the...

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Rockshell

103 Posts.

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18/03/22

13:24

Post #: 60276010
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Originally posted by PulpCutter: ↑

Yes you can "cherry-pick", to use your term, a judge's decision on appeal.

That's exactly what an appeal is. It's not a re-trial of that case - that matter is settled. Instead, an appeal focuses on one matter of the law which the appelant believes was incorrectly applied.

An example is if John Doe murders someone. He is convicted at trial, BUT his attorney appeals the case, arguing and proving that the police did not caution and be sure John Doe knew he had the right to remain silent. The conviction gets thrown out, on that technicality.

THAT's what an appeal is. It is precisely "cherry-picking" the judge's decision or more broadly the application of the law.

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You are talking about the legal ground for appeal, not the awards. Case in point, if you claim two things and got awarded one of them by the judge, you either appeal and take none of the award, or you take the award and walk. You can’t have both.

VAN Price at posting: 3.5¢ Sentiment: Hold Disclosure: Held
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