If you are appealing your lawsuit that was dismissed can new laws related to your case effect whether or not your appeal succeeds?

7 Answers

Relevance
  • 1 month ago
    Best Answer

    The Constitution forbids Congress from passing "ex post facto" laws. Which means a person cannot beheld accountable for an action that was legal before the law was passed. (States have the same limitation.)

  • 4 weeks ago

    Yes, the "case law" involving your issues would affect your case if the rulings were issued even hours before your appeal is heard. The statutes in effect at the time of the "cause of action" would determine the basis for the lawsuit, but the courts re-interpret and apply those statutes every day.

  • 1 month ago

    Previously asked and answered!

  • 1 month ago

    Probably not, no.

  • How do you think about the answers? You can sign in to vote the answer.
  • 1 month ago

    Only if the new law explicitly says that it's retro-active. The vast majority of laws aren't.

    A blanket exception to this would be if the new law changed the laws regarding civil procedure, it would effect your appeal and subsequent retrial if the appeal is successful. For instance, if a new law is passed that says video evidence can only be introduced if it was recorded in HD (no law like this would be passed - don't worry) and all of your video evidence was from an old web cam, then your evidence would be allowed to be introduced with the new law that's passed, while it would have if your case went to trial prior to the new law's passage.

  • Bill
    Lv 7
    1 month ago

    A civil or criminal case is decided according to the laws that were in effect at the time of the event(s) which caused the case.

  • 1 month ago

    Unless there is some sort of "grandfather" clause in the new law, no. The laws in effect at the time of the issue that brought the suit will prevail.

Still have questions? Get your answers by asking now.