Special Leave in Legal Appeals
10 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What must special leave be known in addition to?

  • Strong evidence
  • Judicial review
  • Public interest
  • Reasonable prospect of success (correct)
  • Special leave can be granted without the presence of special circumstances.

    False

    What can lead to a manifest denial of justice?

    Refusal of leave to appeal when there are strong prospects of success.

    Special leave raises substantial points of law and matters of great ______ importance.

    <p>public</p> Signup and view all the answers

    Match the terms with their definitions:

    <p>Special Leave = Permission to appeal under unique circumstances Reasonable Prospect of Success = Likelihood of winning an appeal Manifest Denial of Justice = Significant harm caused by a failed legal process Substantial Points of Law = Major legal issues requiring further consideration</p> Signup and view all the answers

    What must be included in the notice of appeal to the High Court?

    <p>Grounds for appeal and security for respondent's costs</p> Signup and view all the answers

    A request for leave to appeal must be made verbally to the judge at any time after the judgment.

    <p>False</p> Signup and view all the answers

    What is a compelling reason for an appeal?

    <p>The appeal raises a substantial point of law.</p> Signup and view all the answers

    The petition to the SCA must be addressed to the __________.

    <p>President of SCA</p> Signup and view all the answers

    Match the following timelines with their respective actions in the leave to appeal procedure:

    <p>10 days = Make a formal application for leave to appeal 20 days = File a notice of appeal to the High Court 60 days = Request date from registrar and set the appeal down 2 months = Respondent's response must be filed in affidavit form</p> Signup and view all the answers

    Study Notes

    Special Leave

    • Special leave must be granted in addition to reasonable prospect of success
    • A party seeking special leave must show special circumstances, which merit further appeal
    • The appeal raises a substantial point of law
    • The matter is of great public importance to the parties
    • The prospects of success are so high that a refusal of leave will result in a manifest denial of justice

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    This quiz covers the principles and requirements for granting special leave in legal appeals. Key factors include special circumstances, substantial legal points, and public importance. Understand the criteria that must be met to ensure a fair opportunity for further appeal.

    More Like This

    Chapter 7: Special Senses Flashcards
    32 questions
    Teaching Students with Special Needs Flashcards
    13 questions
    Holiday Scheduling Special Order Number 3
    29 questions
    Special Senses Chapter 15
    35 questions
    Use Quizgecko on...
    Browser
    Browser