Questions tagged [civil-procedure]

For questions relating to the rules and procedures courts follow in civil cases.

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6
votes
2answers
1k views

Is spousal immunity affected if one spouse dies?

Disclaimer: I'm a writer trying to figure something out for a story I'm working on, so forgive me if I sound totally insane. Okay. Spousal privilege/immunity. Protects someone from having to testify ...
5
votes
1answer
250 views

Can defendants switcheroo whenever they want?

Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The ...
3
votes
2answers
211 views

If a judge constructs arguments for the prosecution in judgment is that grounds for appeal?

I recently read a judgment in which the judge constructed arguments that normally one would have expected the prosecution to make. In fact, the defense in the case argued that the prosecutor failed to ...
5
votes
3answers
200 views

Suspending White House hard pass & preliminary injunction

Jim Acosta was asked by the Secret Service to surrender a White House hard pass as the result of an altercation in a press event. The White House press secretary explained that it being suspended ...
2
votes
2answers
436 views

Can results from a criminal conviction be transplanted into a corresponding civil case?

There is some overlap between crimes and torts, for example deliberately smacking a person in the head is the crime of battery and the tort of battery. If a person deliberately smacks another in the ...
2
votes
2answers
717 views

Can jury nullification apply to a civil lawsuit?

What I am referring to, is when a jury rules that the accused is technically guilty, but shouldn't be punished for it anyway. In other words: the jury determines that the letter of the law conflicts ...
1
vote
2answers
215 views

Can people sue other people in foreign countries and force them to respond?

In the movie Denial (and obviously in real life too) David Irving sues Deborah Lipstadt in the British courts not the American courts. How does that work? Can people sue other people in foreign ...