Civil procedural law. Grounds for reversing court decisions (the most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Civil procedural law. Grounds for reversing court decisions (the most important)

Lecture notes, cheat sheets

Table of contents (expand)

67. GROUNDS FOR CANCELING JUDGMENTS

The court of second instance is obliged to verify the legality and validity of the decision of the court of first instance. The basis for the annulment of a judgment is its illegality or groundlessness.

Unreasonable Judgment - a decision, the factual basis of which (motives for the decision) does not correspond to the actual circumstances of the case or is not supported by evidence examined by the court of first and second instances.

The validity of the judgment is checked by the court of second instance on the basis of the substantive law hypothesis based on the specific circumstances of the case.

In doing so, the Court of Second Instance finds out:

1) what circumstances the court of first instance should have established in the case;

2) what circumstances he established;

3) whether the conclusions of the court of first instance on the legal relations of the parties correspond to the circumstances of the case and whether the latter are confirmed by evidence;

4) whether the subject of proof is correctly defined;

5) whether the rules of relevance and admissibility of evidence have been observed, whether all the necessary evidence has been collected;

6) whether the court of first instance correctly assessed the evidence available in the case.

As a result of such a check, the decision will be recognized as unreasonable and subject to cancellation in the following cases:

1) the circumstances that are significant to the case are incorrectly determined, i.e. the court did not clarify all the circumstances that are significant to the case. Such a violation may be the result of an incorrect definition of the subject of proof (the range of facts sought);

2) failure to prove the circumstances relevant to the case, established by the court of first instance, i.e. the incompleteness of the collected evidence or their unreliability;

3) the conclusions of the court set out in the decision do not correspond to the circumstances of the case, i.e. the court made an incorrect conclusion about the legal relations of the parties, which, as a rule, is the result of an incorrect assessment of evidence or incorrect application of substantive law.

Illegal Judgment - a decision that does not comply with the substantive or procedural law to be applied in a particular case.

The Code of Civil Procedure of the Russian Federation identified specific cases of violation or misapplication of substantive law, as well as a list of unconditional grounds for the cancellation of a court decision in connection with a violation or misapplication of procedural law.

Based on the law, a court decision must be declared illegal in the following cases of violation of substantive law:

1) the court did not apply the law to be applied;

2) the court has applied a law that is not subject to application;

3) the court misinterpreted the law.

The decision will be declared illegal if the court:

1) incorrectly qualified the legal relations of the parties;

2) has applied a repealed law or a by-law issued in violation of the law;

3) misinterpreted the law;

4) violated the norms of procedural law. The basis for the annulment of the decision is the violation or incorrect application of the rules of procedural law only on the condition that this could lead to an incorrect resolution of the case.

Author: Gatin A.M.

<< Back: Powers of the cassation court

>> Forward: Ruling of the cassation court

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Logistics. Lecture notes

▪ Theory and methodology of education. Lecture notes

▪ Hospital Pediatrics. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Octospot - action camera for diving enthusiasts 20.07.2016

The Kickstarter website is raising funds for the Octospot wearable camera. This action camera is aimed at diving enthusiasts.

The developers emphasize the reliability and simplicity of the camera. With an aluminum and polycarbonate body, the device can withstand diving to a depth of 200 m, and all control is carried out by only two controls. Of course, they are designed to be handled with gloves.

The camera is equipped with a pressure sensor, the readings of which are stored simultaneously with the video and are used to correct the white balance. This makes it easy to know at what depth any moment of the video was taken.

The Octospot camera allows you to shoot 4K video at 30 fps. By reducing the resolution to Full HD, you can increase the frame rate up to 100 fps, and at HD resolution, the frame rate can be increased to 240 fps. When played back at a slower frequency, this makes it possible to obtain a slow motion effect. You can also take 12MP photos. Recorded footage can be stored on microSD cards up to 64 GB.

Without recharging the battery, you can shoot up to two hours in a row. The battery status, as well as some other data, is displayed on a small OLED screen at the end of the camera. Device dimensions - 112 x 34 x 34 mm, weight - 161 g.

The first fundraisers could secure the right to receive a camera for $349. Shipment of orders should begin in January 2017.

Other interesting news:

▪ Small Integral Tire Pressure Monitoring System

▪ Cloned sheep age normally

▪ Compact version of the Supercharger for the city

▪ Electrical stimulation helps to hear a foreign language

▪ NASA will build a supersonic aircraft

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Electrician in the house. Article selection

▪ article Who said earlier E. Popular expression

▪ article What is completeness? Detailed answer

▪ article Milk thistle. Legends, cultivation, methods of application

▪ article Stereo transmitter. Encyclopedia of radio electronics and electrical engineering

▪ article Device for automatic restarting of a three-phase electric motor. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews