1 / 17

Appeal

Appeal. A motion used to determine whether or not a decision by the chair is valid or correct. Appeal. Characteristics: Takes precedence over any question pending at the time. Yields to Question of Privilege. Yields to Incidental motions arising out of itself. Must be seconded.

wang-hodges
Download Presentation

Appeal

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Appeal • A motion used to determine whether or not a decision by the chair is valid or correct.

  2. Appeal • Characteristics: • Takes precedence over any question pending at the time. • Yields to Question of Privilege. • Yields to Incidental motions arising out of itself. • Must be seconded. • Is not amendable.

  3. Appeal • Characteristics: • Is debatable unless: • Made during a ‘Division of the House.’ • Relates to rules of speaking. • Is made on a nondebatable question. • A majority or a tie vote sustains the decision of the chair.

  4. Appeal • Characteristics: • If an appeal is debatable: • No member is allowed to speak more than once, except the chairperson. • Chair has preference in debate. • Can be reconsidered.

  5. Appeal • Uniqueness: • Members have no right to critique a ruling of the chair unless they appeal from his decision. • An appeal that is not debatable and yields to no subsidiary motions. • Even when the appeal is not debatable, the chair can give the reasons for his decision.

  6. Appeal • Uniqueness: • An appeal that is debatable yields to the following subsidiary motions in accordance to the order of precedence of motions: • Refer to Committee • Postpone Definitely • Previous Question • Lay on the Table

  7. Appeal • Uniqueness: • A member can appeal to a ruling from the chair. • No appeal can be made from the chair’s response to an Inquiry or Point of Information. • Chair is entitled to speak first and last in regards to an appeal.

  8. Appeal • Form: • Member (without being recognized): “I appeal the decision of the chair.” • Chair: “Is there a second to the appeal?” • Once seconded, the chair announces: “Shall the decision of the chair be sustained?”

  9. Appeal • Form: • After debate, the assembly votes. • The chair is either sustained or not sustained.

  10. Point of Order • This devise should be used when a member thinks that the rules of the assembly are being violated.

  11. Point of Order • Characteristics: • Takes precedence over any pending question out of which it arises. • Is in order when another has the floor, even interrupting a person speaking. • Does not require a second. • Is not amendable.

  12. Point of Order • Characteristics: • Is not debatable, unless the chair submits the point to a vote of the assembly. • Is normally ruled upon by the chair. • Cannot be reconsidered.

  13. Point of Order • Uniqueness: • Must be raised promptly at the time the breach occurs. • The chair can seek advise from experienced members who are present. • If you are not satisfied with the chair’s decision, you can appeal.

  14. Point of Order • Uniqueness: • If the chair is in doubt, the Point should be placed before the assembly. • There cannot be two appeals on the floor at the same time.

  15. Point of Order • Form: • Member (without being recognized): “I rise to a Point of Order.” • Chair: “State your point.”

  16. Division of the House • The objective of the motion is to verify the accuracy of a vote by a rising vote.

  17. Division of the House • Characteristics: • Takes precedence over any motion on which a vote is being taken or has just been taken. • Is in order when another has the floor. • Is not amendable. • Is not debatable. • Does not require a vote • May not be reconsidered.

More Related