Questions tagged [court]

For questions regarding the court system, courtroom procedure, or the process of interaction with a court of law. Do not use for questions that are more generally about a legal case handled by a court; instead, use other tags about the specifics of the case.

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On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded

On Nov 3, 2023, Judge Engoron issued a gag order to Trump's lawyers barring them (as well as Trump) from speaking about the judge's staff. This is precipitated by Chris Kise's argument that the law ...
GratefulDisciple's user avatar
1 vote
2 answers
107 views

What is a “clerk”?

In different jurisdictions do they have different meanings? How/when did the roles diverge? Is it more or a research assistance position, or an administrative/secretarial one of doing the day to day ...
Seeking answers's user avatar
8 votes
1 answer
800 views

What court in Kentucky, USA handles cases between $2500 and $5000?

I'm not the OP on that Reddit thread, nor have I commented on it, so I'm not trying to spam it. A comment on r/LegalAdvice mentioned Kentucky's small claims limit is $2500 [...] so if the value is ...
cocomac's user avatar
  • 304
-4 votes
1 answer
38 views

Was Ashford v Thornton heard at the Royal courts of Justice in Chancery Lane, London or elsewhere?

What physical venue was this 19th century Murder appeal heard in?
Seeking answers's user avatar
23 votes
8 answers
8k views

What is the purpose of being tried by a "jury of your peers"?

If you are facing criminal charges (in the United States), there is a person in the court (the judge) who is an expert in law, has extensive experience, and is (at least theoretically) impartial. And ...
SegNerd's user avatar
  • 4,457
-4 votes
1 answer
78 views

Is the principle of making extra allowances for amateur litigants stronger in the UK?

Amateur litigants, also called pro se litigants or litigants in person perhaps among other terms, are decidedly supposed to be actively accommodated and assisted by the courts in the UK so as to “...
Seeking answers's user avatar
1 vote
4 answers
235 views

Recourse for biased judges presiding over trial

Alice has brought a civil claim against Barbara, and the paperwork has all been filed as directed in the written case directions. Alice has been self representing while Barbara has hired Barry as her ...
Seeking answers's user avatar
-1 votes
1 answer
82 views

By what principle may county courts in London be expected to follow certain past decisions?

"Now we have a county court appeal judgment on the issue, from HHJ Luba KC. Still not a binding precedent, but of persuasive value (and will be followed in the London courts). " https://...
Seeking answers's user avatar
-2 votes
1 answer
56 views

What is a “designated civil judge” of a county court?

See this page that lists them: https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/leadership-judges/designated-civil-judges/ But what is the idea of this post?
Seeking answers's user avatar
0 votes
0 answers
31 views

Alimony in England

My understanding is that alimony, in England, is decided by the courts. This gov.uk page, for instance, says: The court sometimes tells the person with the higher income to make regular maintenance ...
TheProseMix's user avatar
18 votes
2 answers
4k views

Why are there two case numbers for United States v. Trump?

There are two almost identical case numbers assigned for the case United States v. Trump. The dockets are almost identical. 1:23-cr-00257-TSC USA v. TRUMP PACER CourtListener 1:23-cr-00257-TSC-1 - ...
Daniel McDonald's user avatar
-1 votes
1 answer
158 views

Has there ever been a court case dependent on general or special relativity or both?

Possibly something related to where GPS data was submitted as evidence.
R-Obsessive's user avatar
3 votes
1 answer
110 views

Typo in disclaimer - worst case scenario

I've noticed a typo on an investment company's disclaimer in a brochure, to the effect: This company and its research affiliate June continue to have such dealings and June also have other ongoing ...
Arash Howaida's user avatar
1 vote
2 answers
256 views

Why is the Crown Court called the Crown Court?

The Crown Court in England handles the graver charges known as indictments. Less severe criminal proceedings are heard in magistrates' court. Why is the Crown Court named Crown Court? Does it have ...
Seeking answers's user avatar
-5 votes
4 answers
203 views

How to accomplish a court hearing after arrest without being stuck in prison cell for more than 4 years like Assange? [closed]

TLDR / UPDATE / SUMMARY: Police: I'm arresting you. Me: You are breaking the law, what I do is minor. Police: No, I'm arresting you, what you do is more than minor. Arrested. Now the question is: ...
Silly mistakes in the past's user avatar
4 votes
1 answer
339 views

To what extent can an employer require their employees to be experts at a trial?

Say a company is facing a trial and the court requires (version 1) the company (version 2) someone with expertise from the company to provide a sworn opinion (something like "the process to do ...
WoJ's user avatar
  • 2,461
0 votes
4 answers
5k views

Can a lawyer at trial keep shouting objection in order to fillibuster?

Lets say that I'm at my own trial, representing myself pro se. I immediately object to something (anything at all - it doesn't matter what). If I understand correctly I can't be held in contempt - ...
Jon's user avatar
  • 460
39 votes
4 answers
5k views

Why did this US prosecutor keep asking whether documents would refresh a witness's memory?

Background I served on a jury during a criminal trial in the United States several years ago. There was a strangely formal interaction that repeated itself a few times during the trial. The ...
Steve V.'s user avatar
  • 686
11 votes
1 answer
2k views

When lords were tried by the House of Lords, where could they appeal to?

If a lord was proceeded against then the HoL would be the venue of first instance. But where would the appeal go from there, and what was the venue of last resort? Or was it there be all and end all, ...
Seeking answers's user avatar
1 vote
2 answers
411 views

Do I get a letter asking to attend Traffic School, after paying traffic ticket online? (In california)

Last month, I got a speeding citation in California (County of Contra Costa). Then I got the ticket in the mail. Ticket offered 2 options: Pay the ticket (admission of guilt) = ~$240 Pay the ticket (...
Yugal Jindle's user avatar
2 votes
2 answers
113 views

Why is a divisional court called a divisional court?

A court sitting with more than one judge is a divisional court. I am having difficulty seeing the relevance of the term to its definition.
Seeking answers's user avatar
9 votes
3 answers
7k views

Does the law make exceptions for Good Samaritans?

I know very little about the law. When I watch court television shows, it seems like if a Good Samaritan breaks the law to stop a bad guy, the law/court turns a blind eye. Are there cases where the ...
Noah's user avatar
  • 219
6 votes
2 answers
2k views

Is a witness on the stand allowed to take notes?

I have read that witnesses in a court are allowed to refer to notes when they are testifying, but, without regard as to why they might feel a need to, are they allowed to take notes while they are ...
Andrew Morton's user avatar
1 vote
1 answer
76 views

Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?

Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
Seeking answers's user avatar
0 votes
1 answer
148 views

When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides - the Court or the Arbitrator?

Courts are required to enforce arbitration agreements according to their terms. But what if the parties dispute whether a contract containing an arbitration agreement expired? Does the court or the ...
S.O.S's user avatar
  • 581
5 votes
2 answers
269 views

Why is it really bad to publicly talk about a case you are involved in on social media?

I was inspired to ask this question due to these related Reddit AMA I’m Jaime Rogozinski, Founder of WallStreetBets and I’m suing Reddit. AMA. Help me understand the trademark battle for ...
HanMah's user avatar
  • 357
11 votes
1 answer
1k views

At What Point Does a Supreme Court Ruling Become Binding on Lower Courts?

When the Supreme Court hears a case it can take a while for it to issue a verdict. Typically, after hearing oral arguments, the Justices have to decide the case. They do so at what is known as the ...
S.O.S's user avatar
  • 581
1 vote
1 answer
47 views

Do any judicial bodies in England have inquisitorial powers?

England mostly follows common law, an adversarial system which is the opposite of the inquisitorial judicial system. That said, are there deviations and variations from this in any of its judicial ...
Seeking answers's user avatar
3 votes
1 answer
96 views

Why does the high court of chivalry follow “civil law,” and what does this mean?

The English so called high court of chivalry, archaic and now rarely used, is said by Wikipedia to follow civil law (ie not common law). How does this work, and how did it come to be? https://en.m....
Seeking answers's user avatar
-1 votes
2 answers
105 views

If one is tried+convicted of a crime at a certain time, can one be tried+convicted of another crime that happened at the same time? [Yakuza Series]

100% inspired by Yakuza Lost Judgement. Bob is accused of assaulting Alice at X o'clock, with video evidence. It goes to trial, and Bob is successfully convicted. Later on, strong evidence comes up of ...
chausies's user avatar
  • 3,555
3 votes
1 answer
105 views

How do lower level (county or magistrates) courts in the City of London differ in their jurisdictions from those in the surrounding boroughs?

Because the City of London has certain aspects of municipal autonomy, are there restrictions on their equivalence with the rest of the county or magistrate court system? In general any county court ...
Seeking answers's user avatar
2 votes
3 answers
279 views

Landlord Picks Lock & Enter Premises Without a Judgment for Possession?

If a landlord enters residential premises without receiving a judgment for possession and without the presence of a Special Civil Part Officer what recourse does the tenant have USA? Can they be ...
S.O.S's user avatar
  • 581
10 votes
3 answers
2k views

Can two people be tried together?

Bob and Carl are both accused of the same murder of Alice. Are they supposed to be tried together as one party in a single trial? be separately tried in two simultaneous trials? be tried one after ...
chausies's user avatar
  • 3,555
12 votes
2 answers
3k views

If a witness asks for their lawyer during a trial, how is it handled?

A criminal trial is going on. Andy the Attorney asks Walter the Witness some questions. After a while, Walter realizes he's been an idiot, and says he wants his Lawyer Larry. How does the court ...
chausies's user avatar
  • 3,555
2 votes
1 answer
42 views

How are courts' official case law archives distributed and stored?

For example, what medium are they recorded/stored in? Is it a hybrid/mix as technology has evolved? And, does a court automatically receive copies of all other regional courts of the same and higher ...
Seeking answers's user avatar
21 votes
5 answers
4k views

Are underage people allowed to defend themselves in court?

Bob is underage, yet commits a severe criminal act that's worthy of going to trial. Normally, one is allowed to represent themselves in court, however ill-advised that may be. But is Bob, underage as ...
chausies's user avatar
  • 3,555
0 votes
3 answers
117 views

Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?

In court, a legal representative may be conducting the case and calling witnesses and cross examining the other side's witnesses. Are these representatives "sworn in" under oath? As they ...
Seeking answers's user avatar
0 votes
1 answer
244 views

Is a Tenant Entitled to a Jury Trial in an Eviction Case?

Is a tenant entitled to request a jury trial? If yes, does it matter if the tenant is being evicted for nonpayment of rent vs. the Summary Dispossess Act in an owner occupied premises?
S.O.S's user avatar
  • 581
2 votes
1 answer
57 views

What rule governs when county court decisions result or don’t result in written statements of reasons?

I recall reading that at the circuit judge appellate level, the answer is yes. But I’m more wondering specifically about the district judge or deputy district judge level of first instance.
Seeking answers's user avatar
-3 votes
1 answer
77 views

What is "the Court"?

In legal proceedings there seems to be a nebulous entity often referred to as "the Court". What does this device/construct denote and what is its purpose? Is it basicallyy like an avatar ...
Seeking answers's user avatar
0 votes
1 answer
86 views

Why do we have a written and reasoned judgment of Bower v Brewdog?

I thought that in general, cases at the county court level are decided summarily, unless and until they get appealed to, e.g., the circuit judge. Yet, Bower v Brewdog appears to have been judged by a ...
Seeking answers's user avatar
-4 votes
2 answers
64 views

Can the prosecution fight for the defendent's innocence?

Bob is accused of a crime (let's say murder). Bob is a self-hating man who wants to be punished. He admits to the crime, and hires a lawyer to push forth his guilty plea. The prosecution, however, ...
chausies's user avatar
  • 3,555
-1 votes
1 answer
54 views

What is the effect of FTT judges also “being” county court judges by virtue of s5(2)(t) CCA1984?

Under section 5(2)(t), County Courts Act 1984, judges of the tribunals are stated to be also judges of the county court. What does this mean in terms of effects? What consequential implications does ...
Seeking answers's user avatar
0 votes
0 answers
39 views

Does a litigant in person refer to their opponent’s barrister as their learned friends?

Title says it all. What does a lay litigant address their opposing barrister as in court?
Seeking answers's user avatar
4 votes
1 answer
117 views

Board of 9 judges in Japan?

This is from a fictional trial from Yakuza Judgement, set in Tokyo Japan. The context is a trial where someone is accused of murder. On the left is the defendant (in white) and his attorney team. On ...
chausies's user avatar
  • 3,555
5 votes
4 answers
818 views

Is one allowed to ask for compensation for their witness testimony?

Bob witnesses a murder, so reports the crime to the police. Later, lawyers representing the state/jurisdiction come to Bob, asking him to provide witness testimony. But Bob values his time, and doesn'...
chausies's user avatar
  • 3,555
1 vote
2 answers
74 views

What are the Defense / Prosecution required to share with each other?

If the prosecution has their hands on some choice evidence that can be used as a "gotcha" against the defense and catch them off guard, are they allowed to do that? Or are the prosecution ...
chausies's user avatar
  • 3,555
2 votes
2 answers
87 views

Is it a valid attorney strategy to make statements, even if they will be striken from the record?

Similar to how, in football/soccer, players strategically go for fouls because they're effective. Is it common practice for an attorney to bring up inadmissable evidence/points that, even though they ...
chausies's user avatar
  • 3,555
13 votes
1 answer
2k views

Can a witness lodge an objection in response to a question?

Suppose that a lawyer asks a question that may breach some court protocol. Is it acceptable for a witness to turn to the judge and say "Objection!" and possibly go on to explain the nature ...
chasly - supports Monica's user avatar
-2 votes
1 answer
57 views

Is a precedent of the Upper Tribunal binding on a county court?

It is said to have the equivalent status of the High Court, so that would suggest yes. And yet, it is not a proper court, so to speak, so what is the status of its decisions on lower courts that are ...
Seeking answers's user avatar

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