contestada

In a case properly brought in federal district court, the plaintiff alleges that the state police, acting under a longstanding custom of using excessive force in traffic stops, beat him up during a routine traffic stop. The plaintiff requests $100,000 in damages to remedy this injury and, fearing that the state police are targeting him, also requests preliminary and permanent injunctions prohibiting the police from using excessive force against him. The court issues an order refusing to grant the plaintiff a preliminary injunction and setting the case for trial. Three weeks later, the plaintiff appeals this order to the appropriate U.S. Court of Appeals. Can the appellate court hear this appeal

Respuesta :

For the case brought in the federal district. The plaintiff appeals given order to the appropriate U.S. Court of Appeals. In that case, Yes, the appellate court hear this appeal as a matter of right.

What does the US Courts of Appeals do?

The United States Courts of Appeal do not look into the facts of a case; instead, they consider appeals from lower courts in both civil and criminal proceedings. Instead, the Appeals Courts look at whether the lower courts implemented the law fairly and correctly.

Some characteristics of U.S. Courts of Appeals are-

  • The appellate courts don't hold new trials or consider fresh evidence.
  • They are not exposed to witness testimony.
  • No jury is present.
  • To ensure that the proceedings were fair and the appropriate law was applied correctly, appellate courts examine the processes and rulings made by the trial court.

Therefore, in this case; even though most non-final (interlocutory) orders are not appealable, those involving injunctions are automatically appealable straight away.

To know more about federal government, here

https://brainly.com/question/12486518

#SPJ4

Otras preguntas