this post was submitted on 20 Dec 2023
399 points (95.2% liked)
Memes
45660 readers
1285 users here now
Rules:
- Be civil and nice.
- Try not to excessively repost, as a rule of thumb, wait at least 2 months to do it if you have to.
founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
That's not how American courts work? The upper court can find issue with practically anything it likes.
Nope. The court of appeals can find fault with the methods, procedure, precedent etc but not the facts.
(Also, that's not how question marks work.)
But here's the thing: they could easily say the method that led to the finding is wrong. It's not a fact.
If it's decided by the lower court it is held as fact. It may not in your opinion be correct but it is verifiably a fact at this point.
Lower court: “We find that since the man was found dead from dehydration, he must have been killed by the accused’s witchcraft that sucked his fluids!”
Higher court: Looking at a body covered in bruises from a long fall “I’m sorry, what…?”
Not fact finding they can kick it back to lower courts and say try it again but if the lower court says no they're stuck with it.