The Outline of the Model of Appealability of First Instance Court Decisions in Civil Proceedings before the Federal Courts in the United States: A Comparative Analysis and De Lege Ferenda Suggestions

The article aims to formulate a proposal to improve the model of appealing judgments currently operating in Polish civil proceedings on the basis of the solutions in place in federal court proceedings in the United States. With the use of the analysis of relevant statutes and secondary legislation, case law and views of legal scholars, the most important aspects of the topic were presented with comparison to the Polish civil procedure regulations. As a result of the analysis appeals as of right and by permission were distinguished, the latter not being present in Polish civil proceedings, and de lege ferenda suggestions based on American solutions were formulated regarding the Polish civil proceedings.

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Publication Details

Journal
Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)
Published
2024-10-04
DOI
https://doi.org/10.17951/g.2024.71.2.131-149
Primary Topic
Legal Systems and Judicial Processes
Type
article
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article

The Outline of the Model of Appealability of First Instance Court Decisions in Civil Proceedings before the Federal Courts in the United States: A Comparative Analysis and De Lege Ferenda Suggestions

Franciszek Skawiński
Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)
Legal Systems and Judicial Processes
article

The Outline of the Model of Appealability of First Instance Court Decisions in Civil Proceedings before the Federal Courts in the United States: A Comparative Analysis and De Lege Ferenda Suggestions

Franciszek Skawiński
article en

Abstract

The article aims to formulate a proposal to improve the model of appealing judgments currently operating in Polish civil proceedings on the basis of the solutions in place in federal court proceedings in the United States. With the use of the analysis of relevant statutes and secondary legislation, case law and views of legal scholars, the most important aspects of the topic were presented with comparison to the Polish civil procedure regulations. As a result of the analysis appeals as of right and by permission were distinguished, the latter not being present in Polish civil proceedings, and de lege ferenda suggestions based on American solutions were formulated regarding the Polish civil proceedings.

Annales Universitatis Mariae Curie-Skłodowska sectio G (Ius)Vol. 71(2)
University of Warsaw (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Legal Systems and Judicial Processes
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