Courtroom Conduct and Appeal Procedures

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Questions and Answers

What is the primary reason for courtroom etiquette?

To maintain decorum and respect in court (correct)

To confuse the opposing counsel

To enhance personal style

To establish a hierarchy among lawyers

What type of attire should solicitors wear in court?

Casual wear with bright colors

Formal dark suit and modest jewellery (correct)

Traditional ethnic attire

Sportswear or informal shoes

What should advocates wear in court aside from a suit?

A military uniform

A traditional robe and wig

A gown, collar, and bands (correct)

A casual t-shirt

What is the consequence of using a mobile phone in court?

Punishment by contempt of court Signup and view all the answers

How should a person enter or leave the courtroom in relation to the judge?

By bowing to the judge Signup and view all the answers

Which accessory is not worn by solicitor advocates in court?

Wig Signup and view all the answers

What is an example of informal courtroom etiquette?

Maintaining silence during proceedings Signup and view all the answers

Which of the following is true about electronic devices in court?

They must be turned off while in the courtroom Signup and view all the answers

When must a party make the application for leave to appeal after a judgment or order?

Within 21 days Signup and view all the answers

From what date does the time to appeal actually start running?

When the judge formally hands down the judgment Signup and view all the answers

What must a party do if they need more time to appeal?

Seek an extension from the judge Signup and view all the answers

How is the appellant's application considered by the court?

Without a hearing in normal circumstances Signup and view all the answers

What happens if the application for leave to appeal is granted?

The matter will be listed for a hearing Signup and view all the answers

What is required before appealing from a decision in the High Court or County Court?

Permission of the court is necessary. Signup and view all the answers

Which of the following is NOT a ground for appeal?

The decision was harsh. Signup and view all the answers

When can an application for permission to appeal be made?

Immediately after the judge has made the decision. Signup and view all the answers

A decision can be considered wrong in law if:

The judge misunderstood the law. Signup and view all the answers

What does it mean for a decision to be wrong in fact?

The judge recorded key evidence incorrectly. Signup and view all the answers

Which statement about the grounds for appeal is true?

The decision must be unjust to be appealed. Signup and view all the answers

What must an appellant demonstrate when seeking permission to appeal?

A reasonable chance of success on appeal. Signup and view all the answers

Which of the following could constitute serious procedural irregularity?

Failure to discuss all evidence presented. Signup and view all the answers

What is the typical consideration when determining costs after a judgment is handed down?

Factors that influence the judge's decision on costs Signup and view all the answers

What can a party do if they are ordered to pay compensation?

Request time to pay Signup and view all the answers

What is meant by a 'stay of execution' in the context of a judgment?

A request to delay the enforcement of the judgment Signup and view all the answers

What must a losing party do to appeal a judgment?

Obtain permission to appeal Signup and view all the answers

Which of the following is typically examined in SQE regarding trials?

Structure and format of the trial Signup and view all the answers

Which statement about costs following a judgment is accurate?

Normal rules may not apply under certain circumstances Signup and view all the answers

What may happen after a party requests a stay of execution?

Enforcement of the judgment is delayed pending appeal Signup and view all the answers

What could indicate when the normal rules of costs will not be applied after a judgment?

Factors influencing the judge's discretion Signup and view all the answers

What is the primary requirement regarding permission in the appeals process?

Permission is required to file an appeal. Signup and view all the answers

What does the term 'limited bases for appeals' refer to?

Only specific types of judgments can be appealed. Signup and view all the answers

What is an important consideration regarding the type of judge in the appeals process?

The appeal must be heard by a high court judge. Signup and view all the answers

What type of evidence is generally allowed on appeal?

Only new evidence that wasn’t presented before. Signup and view all the answers

Which of the following statements about the appeals process is incorrect?

All appeal processes require the same documentation. Signup and view all the answers

Which aspect is NOT fundamental to the appeals process?

Knowledge of public opinion on the case. Signup and view all the answers

What document might be required when seeking permission for an appeal?

A formal application detailing the grounds for the appeal. Signup and view all the answers

In which circumstance is an appeal least likely to be granted?

If there is insufficient legal basis for the appeal. Signup and view all the answers

Study Notes

Courtroom Etiquette

Solicitors should wear a formal dark suit, formal shoes modest jewellery.
Solicitors advocates wear a gown, collar and bands, but not a wig.
Electronic devices should be switched off.
Using a mobile phone in court is an offense, punishable by contempt of court.
It is considered good decorum to bow to the judge when entering or leaving the courtroom.

Post Judgement

Submissions regarding costs should be made when judgment is handed down.
A party ordered to pay compensation can make a request for time to pay.
A losing party intending to appeal a decision may request a stay of execution of the judgment order.
Permission to appeal should be sought from the relevant court.

Grounds for Appeal

There are only two grounds for appealing a decision of a lower court:
The decision of the lower court was wrong in fact or law;
The decision of the lower court is unjust because of serious procedural irregularity.
An incorrect recording of evidence in the judgment is considered to be wrong in fact.
An incorrect application of the law is considered to be wrong in law, for example, misunderstanding the law or applying it incorrectly.

Time Limits for Appeal

The application for permission to appeal must be made within 21 days of the judgment or order.
The time runs from the date the judgment is handed down, not from the date of the order.
An extension of time can be sought from the judge.

Permission to Appeal

Permission is required to appeal decisions in the County Court or High Court.
Permission can be requested orally immediately after the judgment is given.
A formal application for leave to appeal can be made.
The court normally considers the application without a hearing.

Evidence Allowed

Evidence allowed in the appeal will depend on whether it is a fact or law appeal.
Evidence relating to errors of law should be submitted.
Evidence relating to errors of fact will generally not be considered.
New evidence can be introduced if it was not available at the original trial.

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Description

This quiz covers essential courtroom etiquette, including the dress code for solicitors and the proper conduct during proceedings. Additionally, it addresses post-judgment procedures and the grounds for appealing a court decision. Test your knowledge on these critical legal practices.