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Appellate Law in Cambodia

Description: This quiz covers the fundamental concepts and procedures of Appellate Law in Cambodia.
Number of Questions: 14
Created by:
Tags: cambodia appellate law legal system
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Which court in Cambodia is the highest court of appeal?

  1. Supreme Court of Cambodia

  2. Court of Appeal of Cambodia

  3. Municipal Court of Phnom Penh

  4. Provincial Court of Siem Reap


Correct Option: A
Explanation:

The Supreme Court of Cambodia is the highest court in the Cambodian judicial system and has the final say in all legal matters.

What is the general time limit for filing an appeal in Cambodia?

  1. 15 days

  2. 30 days

  3. 60 days

  4. 90 days


Correct Option: B
Explanation:

The general time limit for filing an appeal in Cambodia is 30 days from the date of the judgment or order being appealed.

Which of the following is NOT a ground for appeal in Cambodia?

  1. Error of law

  2. Error of fact

  3. Newly discovered evidence

  4. Lack of jurisdiction


Correct Option: B
Explanation:

Error of fact is not a ground for appeal in Cambodia. Only errors of law, newly discovered evidence, and lack of jurisdiction can be appealed.

What is the purpose of an appellate brief in Cambodia?

  1. To summarize the facts of the case

  2. To argue the legal issues on appeal

  3. To provide evidence to support the appeal

  4. To request a new trial


Correct Option: B
Explanation:

The purpose of an appellate brief in Cambodia is to argue the legal issues on appeal and persuade the court to overturn or modify the lower court's decision.

Who has the burden of proof in an appeal in Cambodia?

  1. The appellant

  2. The respondent

  3. The court

  4. The prosecutor


Correct Option: A
Explanation:

The appellant bears the burden of proof in an appeal in Cambodia. They must show that the lower court erred in its decision.

What is the standard of review used by appellate courts in Cambodia?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Harmless error review


Correct Option: C
Explanation:

Appellate courts in Cambodia generally use an abuse of discretion standard of review. This means that they will only overturn a lower court's decision if they find that the lower court abused its discretion.

What are the possible outcomes of an appeal in Cambodia?

  1. The appeal is dismissed

  2. The lower court's decision is affirmed

  3. The lower court's decision is reversed

  4. The case is remanded to the lower court for a new trial


Correct Option:
Explanation:

All of the above are possible outcomes of an appeal in Cambodia. The appellate court may dismiss the appeal, affirm the lower court's decision, reverse the lower court's decision, or remand the case to the lower court for a new trial.

How many judges typically sit on an appellate panel in Cambodia?

  1. 1

  2. 3

  3. 5

  4. 7


Correct Option: B
Explanation:

Typically, three judges sit on an appellate panel in Cambodia.

What is the role of the Supreme Court of Cambodia in the appellate process?

  1. It hears appeals from the Court of Appeal

  2. It hears appeals from the Municipal and Provincial Courts

  3. It hears appeals from all lower courts

  4. It reviews the constitutionality of laws


Correct Option: A
Explanation:

The Supreme Court of Cambodia hears appeals from the Court of Appeal, which is the intermediate appellate court.

Can a party appeal a decision of the Supreme Court of Cambodia?

  1. Yes

  2. No

  3. Only if the decision is unanimous

  4. Only if the decision is a constitutional matter


Correct Option: B
Explanation:

Decisions of the Supreme Court of Cambodia are final and cannot be appealed.

What is the time limit for filing an appeal to the Supreme Court of Cambodia?

  1. 15 days

  2. 30 days

  3. 60 days

  4. 90 days


Correct Option: C
Explanation:

The time limit for filing an appeal to the Supreme Court of Cambodia is 60 days from the date of the judgment or order being appealed.

What are the grounds for appealing a decision to the Supreme Court of Cambodia?

  1. Error of law

  2. Error of fact

  3. Newly discovered evidence

  4. Lack of jurisdiction


Correct Option: A
Explanation:

The only ground for appealing a decision to the Supreme Court of Cambodia is error of law.

What is the standard of review used by the Supreme Court of Cambodia in appellate cases?

  1. De novo review

  2. Plenary review

  3. Abuse of discretion review

  4. Harmless error review


Correct Option: A
Explanation:

The Supreme Court of Cambodia uses a de novo standard of review in appellate cases, meaning that it reviews the case as if it were being heard for the first time.

What are the possible outcomes of an appeal to the Supreme Court of Cambodia?

  1. The appeal is dismissed

  2. The lower court's decision is affirmed

  3. The lower court's decision is reversed

  4. The case is remanded to the lower court for a new trial


Correct Option:
Explanation:

All of the above are possible outcomes of an appeal to the Supreme Court of Cambodia.

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