Questions tagged [advocacy]

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1answer
36 views

Honest advertising in polls?

Are there laws restricting polls, similar to laws restricting advertisements? Polls can ask questions that contain false premises, or an hypothetical assumption that is so unlikely that just saying "...
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3answers
159 views

Can a religious employer prohibit public advocacy?

I work for the Roman Catholic church in the USA. I am an administrative assistant with only very rare dealings with the public. When I was hired I was told by a Human Resources representative that if ...
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2answers
49 views

Should 'lie' ever be used in a legal context?

Source: Ontario Small Claims Court - A Practical Guide (2011). p. 190 Bottom. (d) Inflammatory Pleading §9.15 A plaintiff or defendant in his pleading may make scandalous or in- flammatory ...
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0answers
75 views

Are attorneys, as officers allowed to advocate for positions in supposedly-neutral courtrooms?

An Ohio judge jailed an public defender (and blocked her from appointments for further work) for contempt of court when the attorney refused to remove a "Black Lives Matter" pin. The logic seems to ...
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1answer
499 views

If a witness refuses to answer 'Has the defendant done this before?', then why can the jury appeal to ignorance?

Source: p 186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).   Until then great attention will be paid to any question asked by the jury on the ...
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2answers
300 views

Do 'questions come from the jury after they have retired to consider their verdict, when they can't be answered'?

Source: pp 185-186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).   Juries have no rights on questions of evidence at all, except as the final ...
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1answer
89 views

If the defendant declines the plaintiff's counsel's request to give evidence, then how did the latter err?

Source: pp 182-183, The Art of the Advocate (1993) by Richard Du Cann QC.  Less fortunate was a Mr Barker in 1896, who suddenly found that all his furniture had been sold by a man named Shalless ...
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1answer
87 views

What must an advocate not give evidence, e.g. 'My instructions are that …'?

Source: p 125, The Art of the Advocate (1993) by Richard Du Cann QC.   The alternatives of 'I put' and 'I suggest' are also open to objection in that the use of the personal pronoun brings the ...
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1answer
53 views

How was Hume Williams 'impotent' and 'personally involved' in his altercation with a witness?

Source: pp 65-66, The Art of the Advocate (1993) by Richard Du Cann QC. Sorry for the long quote; please advise me if and how I can abridge it. Tenacity is more than an aspect of courage. Counsel ...
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1answer
71 views

What is wrong, if a jury discovers 'in facts which ought not to be before them good reason for deciding what verdict to return'?

Source: p 97, The Art of the Advocate (1993) by Richard Du Cann QC.   If the witness must not be led, he must be guided. The evidence is given responsively, in answer to questions, not ...
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1answer
70 views

Why is 'did you read the review of it' inadmissible, but 'Has anyone else suggested that it advocates revolution' admissible?

Source: p 68, The Art of the Advocate (1993) by Richard Du Cann QC.   In the Laski case, after a prolonged cross-examination Hastings upon some carefully selected passages from Laski's ...