In this case, Mr. Brandt had filed a lawsuit against the Federal Government for "the right-of-way crossing" his land had extinguished after the cessation of the railroad activity in the corridor. The Government had argued that this right was created by the Federal General Railroad Right-of-Way Act of 1875 and should be valid on the gounds that the railroad line was affirmed to be abandoned. While reviewing this case, it must be determined whether or not that the Government, under this Act, had retained an interest in the abandoned railroad right-of-way. After the trial court had dismissed the case along with affirmation from the 10th Circuit Court, the U.S Supreme Court reversed and remanded it to the court of appeals. During the decision process,
What was the court’s decision in the case? What reason did they give? What landmark case did they cite?
Since the Court of Appeals issued a ruling in favor of M’s appeal and reversed the lower court’s ruling on the matter in 2010, which means the Court of Appeals overturned the jury verdict and the $18.5 million judgment against M.
The court ruled in favor of the petitioners and ordered that the ESDC’s determination be annulled. The ESDC then appealed the Supreme Court of New York’s decision to New York’s highest court.
What was the ruling of the court at the trial level and briefly explain the trial judge’s decision?
The court reversed the trial court’s affirmation and remanded the case for a new trail.
The Trial Court had not allowed the instruction on affirmative defense of abandonment and renunciation. The Appeals court reversed and sent it back to trial, so that the instruction could be
1) What were the legal issues in this case? What did the appeals court decide?
A landmark case in United States Law and the basis for the exercise of judicial review in the United States,
The Supreme Court said that the state of Florida’s court-ordered manual recount would have been unconstitutional. They voted a 5-4 to end the hand recount of the votes in Florida. Due to the way they were recounting the votes, some by the dimple votes or some counting the hanging chads the U.S Supreme Court stated it was to inconsistent to recount. Five of the justices said the under Florida law the vote was finalized on December 12th. They also said that this ruling was for this case and only this
What did the appellate court rule? Did it agree with the trial court (affirm) or disagree (reverse)?
The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.
The defendants in the district court decisions appealed directly to the Supreme Court, while those (a writ for the reexamination of an action of a lower court).
Unfortunately this decision was overturned on July 3, 2007 [2007-2 U.S.T.C. ¶50,531, (Jul. 3, 2007)].
Whenever an appellate court reverses a trial court decision, it instructs that court to rehear the case using the correct law and procedures. If the court sees that a “gross miscarriage of justice” is being done or that an error was obviously committed, they will usually overturn the trial court’s decision (Coffin, 85). In the vast majority of cases, the decision of a Court of Appeal is final. The state Supreme Court does not review the vast majority of cases – it steps in to resolve new or disputed questions of law. It is also the highest state appellate court for civil matters (supreme.courts.state
Espanola’s superfund site on North Railroad Avenue use to be the Norge Town Laundromat and Dry Cleaning. Evidence of water plume contamination was found within a fifty-eight acre area extending south from the site. The contaminates found in the ground water/aquifer of the site were tetrachloroethylene (PCE), trichloroethylene, cis-1, 2-dichloroethylene, trans-1, 2-dichloroethylene, and vinyl chloride (VC). On September 27, 2001, a Record of Decision by the EPA was signed to start clean up/remedy of the site.