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Digital
Law Suits – Appeal and Enforcement of Order
Appeal:
 All
civilized societies provide for appeal by an aggrieved party against
order of any court to the superior court. The aggrieved parties must
seek permission to appeal from the court whose judgment it wants to
appeal against. This permission is usually given by all courts. Even
the party who has won the case may also file an appeal if they are not
satisfied with the remedies provided to them. The appropriate appellate
court may admit the appeal or may reject and refuse to hear the
appeal. In case the appeal is rejected the aggrieved party has
the option to challenge the rejection in a superior court after seeking
permission from the rejecting court. After hearing the appeal the
appellate court may affirm, reverse, vacate, enhance or modify the
order of the lower court in the manner it deems appropriate. It may
even send the matter back to the lower court for a fresh trial. May
digital law suits keep on going up and down the appellate ladder time
and against before finally settled. Appeals and counter appeals
sometimes reach even the Supreme Court in this game of one-upmanship.
Enforcement
Once a Court issues its final order in a matter the plaintiff is barred
from suing the defendant again on the same or similar grounds under the
principles of ‘res judicata’. Res Judicata prevents
starting of litigation again on same or similar grounds even under
different law and legal framework once a matter has been decided by a
court. The idea is to prevent the happening of a new trial of the same
matter again and again just with the idea of the plaintiff getting
multiple claims again the defendant.
Once the court has delivered its judgment in favor of the plaintiff,
the defendant is duty bound under law to comply with the order or face
further penalties. Unless it is a criminal case or the law provides for
imprisonment, the judgment usually provides for monetary awards.
Digital law suits are not different in this matter except that the
defendants are most usually located even beyond the national boundaries
of the country where the judgment is delivered.
In case of failure to pay the monetary compensation awarded by the
court, the court may order seizure of the defendant’s properties
and assets located in its territorial jurisdiction. However if the
assets and properties of the defendant are located else where or even
outside the country, it becomes a long drawn process. The plaintiff has
to initiate another proceeding before appropriate court which may be
same court which delivered the judgment or a superior court or even the
appropriate court of the defendant’s country to enforce the award
made by the court.
In case of overseas defendant, it can be a very long drawn process,
though courts normally tend to respect orders passed by other court but
problems often arise when an act of the defendant has been awarder
against and there is no local law in the defendant’s country for
his similar conviction. In such cases the process gets long drawn and
the defendant may even get scot free.
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