How often can you appeal a rejection of the appeal(s) made? How often can you appeal a rejection of the appeal(s) made regarding a penalty fare notice? The appeal is appealing to the good nature and sense of humanity and justice, as the initial appeal was rejected. There was no specific reason how and why they came to conclude with a rejection. It simply claimed that the experience and explanation of the passenger was not &quot;justified&quot;. My appeal had no intention to justify anything, I was merely explaining what I had experienced. Or are these the public transportation companies using the term &quot;justification' interchangeably with &quot;satisfaction&quot;?
You didn't bother to state who this appeal is with or even where you are but I'm almost certain I know the answer. Just once. If the appeal is denied, you may be able to appeal to a higher body such as a higher court or an ombudsman. However, any group or court allowing the same appeal ad infinitum until you get what you want would be farcical.
england-and-wales Scenario 1: If a person is acquitted of an offence, and evidence later shows that someone else committed it instead then there's nothing in law preventing that second person being prosecuted - assuming all the relevant conditions are met. Scenario 2: If a person has been convicted of an offence, but evidence later shows that someone else may have committed it (independently and in isolation rather than as a co-conspiritor), then in all likelihood the former defendant may have grounds for an appeal on the basis that they have suffered a miscarriage of justice. One option is for their case to be reviewed by the Criminal Cases Review Commission who may refer the case back to the court to determine whether the conviction should be quashed in light of new and compelling evidence. Scenario 3: &quot;Infinite&quot; indictments are theoretically possible (in as much as infinity is possible) but only if there is enough evidence against each and every person to justify them being indicted. If prior indictments resulted in convictions, then loop back to Scenario 2.
In case a company is flooded by such &quot;asymmetric&quot; requests, how should a company react? Although article 12.5 refers to singular &quot;a data subject&quot;, it can be inferred that exposing the controller to significant expenses is not part of the legislative intent. Accordingly, the company may have requesters choose between paying a reasonable fee for the ensuing administrative costs or withdrawing the requirement that delivery be by postal mail. The bad faith scenario you outline seems to be a non-sequitur, since generally a pattern (or a high number) of requests for postal mail delivery should prompt the controller to suspect that some or many might not be legitimate. A requester with bad intentions would be unable to prove the identity of the various data subjects he impersonates or alleges to represent.
Yes. A dispositive motion is a motion that can end the case. The most common are a motion to dismiss and a motion for summary judgment. A motion for judgment on the pleadings is like a motion to dismiss but usually for plaintiffs arguing that even if everything in the answer to the complaint is true, that the plaintiff still wins as a matter of law. This tends to come up most often in limited jurisdiction courts with pro se parties who fill out and file their own answer on a court form, usually in response to a collection action or eviction, with stuff like "I can't afford to pay" or "my mother died and I need another few month since I used up my money for health care her final illness and for her funeral."
There has never been a right to appeal directly, or discretionarily form a state trial court to SCOTUS. But, one can apply for a common law writ in SCOTUS with respect to a state trial court actions under the All Writs Act which is functionally an appeal, even though it is technically an original SCOTUS proceeding. But, original SCOTUS writs are extremely rare and I don't know if it has ever been used in the manner you describe. If so, it probably happened before the intermediate federal courts of appeal were created in the late 1800s. It isn't easy to do a search of cases to determine the answer. UPDATE WITH CORRECTION: After further consideration, I think that I have a better idea of what the question was getting at and want to elaborate on that. Most state courts (Utah, Texas and Oklahoma are exceptions to the general rule[1]), have either an intermediate court of appeal and then a state supreme court (sometimes given a different name such as "Court of Appeals" in New York State, in which the Supreme Court is the name of the trial court of general jurisdiction and the intermediate appeals court), or only a state supreme court from which appeals lie directly to the state supreme court. [1] In Utah there is an appeal of right in every civil case to the state supreme court and the intermediate court of appeals considers cases that it "kicks down" to the court of appeals rather than dealing with itself. In Texas and Oklahoma, there is a Court of Criminal Appeals in addition to the State Supreme Court, which operates much like a Supreme Court in criminal cases with the state supreme court that is nominally superior only rarely intervening in criminal cases (I don't know when precisely it can intervene in those states). In every state with an intermediate appeals court, there is an appeal of right to an intermediate appeals court which must be considered on the merits, and then a discretionary appeal to the state supreme court. Sometimes in these states there are a handful of exceptions. For example, in Colorado, there is a direct appeal of right to the state supreme court in death penalty and water law cases, and in municipal court and limited jurisdiction court cases (i.e. cases in courts limited to $25,000 in controversy or less), there is an appeal of right to what would usually be the general jurisdiction trial court and then a discretionary appeal from there to the state supreme court). But, there is still almost always one court to which there is a direct appeal of right. There are a small but non-negligible number of cases where what is usually a general jurisdiction trial court serves as an intermediate court of appeals of right for a lower trial court (e.g. a small claims court or municipal court), with appeal from there only in the discretion of the state supreme court. Those cases can and very rarely (but sometimes) do go on to be considered by the U.S. Supreme Court when a state supreme court denies discretionary review (in addition to being rare, few such cases are significant enough to justify the effort on the part of the parties to do so and are considered significant by the U.S. Supreme Court too), just as they would when an intermediate court of appeals rules and a state supreme court denies certiorari at the state level. But, in that case, the direct appeal still isn't a direct appeal of a "court of first instance" (i.e. a court where the original trial on the merits is held). But, there is no constitutional right to a direct appeal of right (there is only a constitutional right to a collateral attack via habeas corpus in criminal cases resulting in incarceration). The right to a direct appeal in state courts is a product of state law and state constitutions (in the federal courts it is a consequence of federal statutes). In some states without an intermediate court of appeals, there is also an appeal of right to the state supreme court. But, in other states without an intermediate court of appeals, appeals to the state supreme court are discretionary (much like appeals to the state supreme court from an intermediate appellate court and appeals to the U.S. Supreme Court). Thus, if you are in a state in which there is only a discretionary appeal to the state supreme court, and the state supreme court declines to consider your appeal on the merits, you can appeal to the U.S. Supreme Court once the state supreme court has declined your state level petition for certiorari. The actual pre-requisite at the state level in a direct appeal is that your state direct appellate options be exhausted. So, if you are in a state without intermediate courts of appeal in which the state supreme court reviews trial court decisions on only a discretionary basis, then you can make a direct appeal to the U.S. Supreme Court if you have sought review on direct appeal in the state supreme court and it declined to grant certiorari to review your case on the merits. In practice, this is still very rare. States without intermediate appellate courts are universally small in population and hence have small case loads. Most states with only a single supreme court still have at least one direct appeal of right and have had that right for most of their history. And, state supreme courts usually do exercise their certiorari power in cases that are worthy of discretionary consideration in the U.S. Supreme Court. But, in this narrow situation, the U.S. Supreme Court may consider a trial court decision on a direct appeal, without it ever having been considered on the merits at the state level. This happens rarely (although the U.S. Supreme Court not infrequently, i.e. perhaps a couple of times a year, considers a case upon which there has been an intermediate direct appeal and a state supreme court has refused discretionary review), but it has almost certainly happened sometime. It is hard to devise a legal research search that would locate such a case, however, and strictly speaking, the denial of certiorari can be seen as a state supreme court ruling that is required in almost every case.
Here's the thing: if the plaintiff/appellant/claimant are the same legal entity as the defendant/respondent, it's plain to see that one of them must lose. For instance, consider a case where two trains operated by the same corporation collide. Assuming that the drivers both performed their duties, the company is vicariously liable &ndash; such a case is frivolous and is likely to be thrown out for that reason. It's just a waste of time and money. Or your second example: If the woman was driving the city vehicle and crashed it in the course of her duties, it is the city that will be the defendant in the proceedings, not the woman. So essentially: while it's difficult to prove that something has never happened, these are good reasons to expect it would not happen.
Bad people are quite uncommon Most people behave in good faith most of the time - don't tie yourself in knots over the very few people who would be unscrupulous enough to try to do this. Burden of proof The person who makes the allegation has the burden of proof on the balance of probabilities. So the person who claims they didn't receive it has to prove that. If there are two equally credible witnesses, one saying they packed and posted the thing and one saying the thing was not packed then the burden has not been met. If the person who packed it has a photo of it packed and addressed then the other person has definitely not met their burden of proof. Insurance Insure it against loss or damage in transit. Then you can just replace it and claim on your insurance.
You need, at least, to let the person receive 2 reminders which have to name a reasonable period (after the first exceeds, you can send the second) and if the last deadline exceeds, you have the possibility of escalating further. Although often repeated, this is not correct which makes most of your argument moot. By German law (specifically § 286 BGB) these are the exact conditions for a default of payments: (1)If the obligor, following a warning notice from the obligee that is made after performance is due, fails to perform, he is in default as a result of the warning notice. Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice. (2)There is no need for a warning notice if a period of time according to the calendar has been specified, performance must be preceded by an event and a reasonable period of time for performance has been specified in such a way that it can be calculated, starting from the event, according to the calendar, the obligor seriously and definitively refuses performance, for special reasons, weighing the interests of both parties, the immediate commencement of default is justified. (3)The obligor of a claim for payment is in default at the latest if he does not perform within thirty days after the due date and receipt of an invoice or equivalent statement of payment; this applies to an obligor who is a consumer only if these consequences are specifically referred to in the invoice or statement of payment. If the time at which the invoice or payment statement is received by the obligor is uncertain, an obligor who is not a consumer is in default at the latest thirty days after the due date and receipt of the consideration. (4)The obligor is not in default for as long as performance is not made as the result of a circumstance for which he is not responsible. Depending on what was contractually agreed on the default happened even before the first warning. For example that is the case if a specific payment due date was agreed to. Even if a warning would be required it is only one and you can see that no requirements on the specific wording or form on that warning is given. I don't know how you assume an "official reminder" should look like. According to the law a specific and explicit demand to fulfill an obligation is enough. Also, the warning does not need to contain a specific date. If it doesn't the default is effective immediately.