Appellate Law in Taiwan

Description: This quiz is designed to assess your knowledge of Appellate Law in Taiwan. It covers topics such as the structure of the appellate court system, the types of appeals, and the procedures for filing an appeal.
Number of Questions: 15
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Tags: appellate law taiwan legal system
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Which court is the highest court in Taiwan?

  1. Supreme Court

  2. High Court

  3. District Court

  4. Administrative Court


Correct Option: A
Explanation:

The Supreme Court is the highest court in Taiwan and has the final say on all legal matters.

What are the two main types of appeals in Taiwan?

  1. Civil appeals and criminal appeals

  2. Appeals from the High Court and appeals from the District Court

  3. Appeals on points of law and appeals on points of fact

  4. Appeals by the prosecution and appeals by the defense


Correct Option: A
Explanation:

The two main types of appeals in Taiwan are civil appeals and criminal appeals.

Within how many days must an appeal be filed in Taiwan?

  1. 10 days

  2. 15 days

  3. 20 days

  4. 30 days


Correct Option: C
Explanation:

An appeal must be filed within 20 days of the judgment or order being appealed.

What is the role of the appellate court in Taiwan?

  1. To review the decision of the lower court

  2. To retry the case

  3. To order a new trial

  4. To dismiss the appeal


Correct Option: A
Explanation:

The role of the appellate court is to review the decision of the lower court and to determine whether there was any error in the proceedings or in the application of the law.

What are the grounds for an appeal in Taiwan?

  1. Errors of law

  2. Errors of fact

  3. New evidence

  4. All of the above


Correct Option: D
Explanation:

The grounds for an appeal in Taiwan include errors of law, errors of fact, new evidence, and any other grounds that the court may deem appropriate.

What is the procedure for filing an appeal in Taiwan?

  1. File a notice of appeal with the court

  2. Serve the notice of appeal on the other party

  3. File a brief with the court

  4. All of the above


Correct Option: D
Explanation:

The procedure for filing an appeal in Taiwan involves filing a notice of appeal with the court, serving the notice of appeal on the other party, and filing a brief with the court.

What is the time limit for filing a brief in Taiwan?

  1. 15 days

  2. 20 days

  3. 30 days

  4. 45 days


Correct Option: C
Explanation:

The time limit for filing a brief in Taiwan is 30 days from the date of service of the notice of appeal.

What happens after the briefs are filed in Taiwan?

  1. The court will schedule a hearing

  2. The court will issue a decision

  3. The court will dismiss the appeal

  4. The court will order a new trial


Correct Option: A
Explanation:

After the briefs are filed, the court will schedule a hearing to hear oral arguments from the parties.

What is the role of the parties at the hearing?

  1. To present their arguments to the court

  2. To cross-examine the witnesses

  3. To introduce new evidence

  4. All of the above


Correct Option: D
Explanation:

At the hearing, the parties are allowed to present their arguments to the court, cross-examine the witnesses, and introduce new evidence.

What is the outcome of an appeal in Taiwan?

  1. The court will affirm the decision of the lower court

  2. The court will reverse the decision of the lower court

  3. The court will order a new trial

  4. The court will dismiss the appeal


Correct Option:
Explanation:

The outcome of an appeal in Taiwan can be any of the following: the court will affirm the decision of the lower court, the court will reverse the decision of the lower court, the court will order a new trial, or the court will dismiss the appeal.

What is the role of the Supreme Court in Taiwan?

  1. To review the decisions of the lower courts

  2. To interpret the Constitution

  3. To make new laws

  4. All of the above


Correct Option: D
Explanation:

The Supreme Court in Taiwan has the role of reviewing the decisions of the lower courts, interpreting the Constitution, and making new laws.

What is the procedure for appealing to the Supreme Court in Taiwan?

  1. File a petition for review with the Supreme Court

  2. Serve the petition for review on the other party

  3. File a brief with the Supreme Court

  4. All of the above


Correct Option: D
Explanation:

The procedure for appealing to the Supreme Court in Taiwan involves filing a petition for review with the Supreme Court, serving the petition for review on the other party, and filing a brief with the Supreme Court.

What is the time limit for filing a petition for review with the Supreme Court in Taiwan?

  1. 15 days

  2. 20 days

  3. 30 days

  4. 45 days


Correct Option: C
Explanation:

The time limit for filing a petition for review with the Supreme Court in Taiwan is 30 days from the date of the decision of the lower court.

What happens after the petition for review is filed with the Supreme Court in Taiwan?

  1. The Supreme Court will issue a decision

  2. The Supreme Court will schedule a hearing

  3. The Supreme Court will dismiss the petition

  4. The Supreme Court will order a new trial


Correct Option: A
Explanation:

After the petition for review is filed with the Supreme Court, the Supreme Court will issue a decision.

What is the outcome of an appeal to the Supreme Court in Taiwan?

  1. The Supreme Court will affirm the decision of the lower court

  2. The Supreme Court will reverse the decision of the lower court

  3. The Supreme Court will order a new trial

  4. The Supreme Court will dismiss the appeal


Correct Option:
Explanation:

The outcome of an appeal to the Supreme Court in Taiwan can be any of the following: the Supreme Court will affirm the decision of the lower court, the Supreme Court will reverse the decision of the lower court, the Supreme Court will order a new trial, or the Supreme Court will dismiss the appeal.

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