In law, a case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law.[1][2] There are two kinds: consultative case stated and appeal by way of case stated. A consultative case stated is made at the discretion of a judge before he or she determines the case before the court. An appeal by way of case stated is made at the request of a party to the proceedings to the judge after the conclusion of a case.
On the hearing of a case stated, the higher court is restricted to consideration of the law alone and is required to accept the statement of facts submitted to it by the lower court.
If the application is granted, the matter is referred to the higher court. This usually takes the form "were we/was I correct to ..." and then the specified aspect of law to which the appeal relates. If the application to state a case is refused, the applicant may be able to seek redress by judicial review. The higher court will determine whether or not the law was correctly applied. If the appeal is upheld, the higher court will refer the case back to the referring court with directions to correct its decision. Otherwise, the appeal would be dismissed.
See alsoedit
Certified question, a similar process to consultative case stated in American law.
Preliminary reference, a similar procedure in which courts and tribunals in member states of the European Union may make questions of law to the European Court of Justice for determination.
Referencesedit
^"Case stated". CollinsDictionary.com. HarperCollins. Retrieved 19 January 2013.
case, stated, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, september, 20. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Case stated news newspapers books scholar JSTOR September 2014 Learn how and when to remove this message In law a case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law 1 2 There are two kinds consultative case stated and appeal by way of case stated A consultative case stated is made at the discretion of a judge before he or she determines the case before the court An appeal by way of case stated is made at the request of a party to the proceedings to the judge after the conclusion of a case On the hearing of a case stated the higher court is restricted to consideration of the law alone and is required to accept the statement of facts submitted to it by the lower court If the application is granted the matter is referred to the higher court This usually takes the form were we was I correct to and then the specified aspect of law to which the appeal relates If the application to state a case is refused the applicant may be able to seek redress by judicial review The higher court will determine whether or not the law was correctly applied If the appeal is upheld the higher court will refer the case back to the referring court with directions to correct its decision Otherwise the appeal would be dismissed See also editCertified question a similar process to consultative case stated in American law Preliminary reference a similar procedure in which courts and tribunals in member states of the European Union may make questions of law to the European Court of Justice for determination References edit Case stated CollinsDictionary com HarperCollins Retrieved 19 January 2013 UK Magistrates Courts Act 1980 Section 111 legislation gov uk The National Archives 1980 c 43 s 111 nbsp This law related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Case stated amp oldid 1065418399, wikipedia, wiki, book, books, library,
