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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When is it ok to use tabloid news as evidence in court?

https://www.youtube.com/watch?v=cfLlAVFJZXg When is it ok to use tabloid news as evidence in court? Am I crazy, or this is irrelevant, full of hearsays and speculations therefore these tabloids ...
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3 votes
2 answers
112 views

What requirements, if any, do judges have to render timely decisions?

Are there any statutes or rules that compel judges to render timely decisions on matters that they hear? I.e., if a motion or case is brought before a court is there anything preventing a judge from ...
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0 answers
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Are involuntary commitment hearings under the NYS Mental Hygiene Law heard in the county or city court?

All in the title, unfortunately. Under the mental hygiene law one is entitled to a hearing following a 2-physician certification of involuntary treatment worthiness. What type of court is this type of ...
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3 votes
1 answer
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Legal redress against smaller HMRC decisions?

I understand most of the "regular" decisions like tax assessment, etc. from HMRC (Her Majesty's Revenue and Customs - the UK's principal tax authority) are appealable, ie. you can refer them ...
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-1 votes
1 answer
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Asking Judge What He's/She's Thinking

What is the legal term for when one wants to ask the judge what he/she is thinking? Such as just before a judgement is about to be handed down? Would be helpful to know so would use the correct legal ...
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1 vote
1 answer
94 views

Can we quote academics in our court applications and law suits to support our arguments?

I was thinking of quoting Langdell and Williston in my response to a suit. Is it possible to do as such?
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2 votes
1 answer
118 views

How to affirm when asked to swear

In many jurisdictions, scenarios requiring an oath can alternatively require an affirmation. However, what happens if an official asks, "Do you swear to tell the truth, the whole truth, and ...
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-4 votes
2 answers
103 views

Dealing with expert opinions

Every Economist who is consistent with their discipline subscribes to the subjective theory of value; how does a Judge who wants to be consistent with Economics and coincidentally also is a B.A in ...
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7 votes
1 answer
2k views

Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

I find this detail in the recent Novak Djokovic's Australian visa saga quite interesting. On Monday, 10 January 2022, when Judge Kelly delivered his decision to reinstate Djokovic's visa, Christopher ...
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2 votes
1 answer
112 views

What laws govern being barred from a court you are required to attend?

It is in the news that someone was barred from attending their own court attendance, and had an arrest warrant issued for failure to attend, because a security guard determined they were drunk: ...
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2 votes
1 answer
94 views

What is the origin of "friend of the court"?

Just curious. As a non-lawyer, I often see the phrase "friend of the court". It is obvious to the layman what it means, but when and where did this first become "a thing"?
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13 votes
3 answers
2k views

What is a municipal court?

I am studying for a Master's in Legal Translation. (I am French) I need to understand what a "municipal court" is. Is it like our "Tribunal de Police" for speeding on the road, ...
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9 votes
2 answers
1k views

Felony codes in Frank Artiles fake campaign case in Miami-Dade

Frank Artiles, a former Florida state representative and senator, was charged with felonies in connection to a scam candidate scheme in Miami Dade County. There was a general question asked about the ...
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2 votes
1 answer
88 views

What does court of domicile mean?

I have found the phrase "court of domicile" in various contexts, and now I'm wondering if I'm right to assume that this means 'home' court for someone. For instance, in the following example,...
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1 answer
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How do I challenge my HOA's decision on my request to modify my property?

I'm in St Louis, Missouri. My house is a part of a HOA. It has bylaws and the bylaws state that alternative dispute resolution may be done through the City of St Louis in accordance with Chapter 435, ...
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6 votes
1 answer
2k views

Do U.S. courts have to select a jury that's racially representative?

Do U.S. courts have to select a jury that's racially representative? I am wondering if there's a legal obligation of that sort nationwide, or if it varies by state, or if no such consideration needs ...
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10 votes
3 answers
5k views

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

In a Civil Trial, how do courts handle scenarios when evidences presented are denied (by plaintiff/defendent) as forged, tampered, or claims that 'I did not sign it' or 'That is not me'?
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4 votes
1 answer
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Is filing a legal document more than once a bad or a good idea?

I will be filing a bankruptcy petition in the united states pro se. I have instructions for filing electronically via PACER, which indicate forms do not need to be signed as the user account used to ...
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-1 votes
1 answer
106 views

Is it valid to pass a law that cannot be upheld?

Is it valid to pass a law that cannot be upheld? (Question applies to any jurisdiction) Example: Tax must be paid with legal tender. There is only so much money in the world that can actually be used ...
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1 vote
1 answer
86 views

Is there a time limit for when you can make an appeal to a court's decision in the United States?

Is there a time limit for when you can make an appeal to a court's decision in the United States? Is there a time limit or you can make an appeal 30 years after the case was decided by the court? I am ...
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1 vote
1 answer
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Can the court consider a child testimony as an evidence even when the interviewer used leading questions?

Can the court consider a child testimony as an evidence even when the interviewer used leading questions? I am wondering if there's any law that force the court to reject child testimony if the ...
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2 votes
1 answer
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How does the court define "plain incompetence" in a case where qualified immunity may apply?

The Supreme Court has said that qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” https://constitutioncenter.org/interactive-constitution/blog/the-...
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2 votes
1 answer
111 views

Surrogate Court for Petition of Probate New York - COMBINED VERIFICATION, OATH AND DESIGNATION what is SS

In NY, when filling out forms for Petition of Probate, it reads the following: COMBINED VERIFICATION, OATH AND DESIGNATION [For use when petitioner is an individual] STATE OF NEW YORK )_______ COUNTY ...
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0 votes
1 answer
43 views

Are there any forms in California that brings two defendants to court?

Or do I just file for a case regularly and name the case name "person vs defendant 1 vs defendant 2". Then I give a summons sheet to both defendants respectively. Case type: Civil State: ...
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1 vote
0 answers
64 views

reasons for requesting virtual appearance post-COVID

An attorney friend wants to continue appearing in court virtually. The problem is that he is now (post-COVID shutdown) expected to appear in person. What are the acceptable reasons an attorney can ...
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-2 votes
1 answer
83 views

How much money do I have to pay if I lose in court as a plaintiff? [closed]

There were a lot of questions about what happens if someone loses in court. A lot of the questions were pretty complex to understand. I want a straightforward answer. I have a pretty big case that I ...
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1 vote
0 answers
103 views

Why would the court allow a defendant (in this case Derek Chauvin) to wear a suit at sentencing?

NPR reports: [Convicted murderer Derek] Chauvin has been jailed since his guilty verdict. He will be in court for Friday's sentencing hearing, wearing a suit rather than a prisoner's uniform by a ...
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3 votes
3 answers
1k views

Traffic Accident. Defending myself (Canada)

I would like to preface by stating this will be my first time in court, and I am looking to get some clarification about proceedings. Situation (my side of events): Got into a little "fail to ...
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-4 votes
2 answers
188 views

Are judges allowed to lie?

Is it legal for a judge to lie? For example; if a judge tells a condemned prisoner that he will be hanged at noon on one weekday in the following week, but that the execution would be a surprise, and ...
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5 votes
2 answers
1k views

What does it mean when a court case is "dismissed"?

I've heard a number of conspiracy theorists say that court cases related to 2020 election fraud were "dismissed without looking at the evidence". According to wikipedia there have been 55 ...
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1 vote
1 answer
57 views

Surrogate Court Petition NY - What County

FOR NEW YORK STATE If you need to submit a petition to the surrogate court for executor purposes, what County? I was told the county that the person passed away in and issued the death certificate, is ...
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10 votes
1 answer
986 views

Are leading-witness rules applied equally to prosecution and defence?

Preamble I'm a scientist, not a lawyer, so please excuse this if it's obvious. Background In watching the Chauvin trial, I've noticed that the defence lawyer tends to ask questions by stating the ...
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1 vote
1 answer
153 views

Can an attorney be arrested whilst representing their client in court?

In the videos linked to below, we see an extraordinary circumstance where a defence lawyer turns up late and apparently intoxicated after a possible hit-and-run vehicle collision. Here's a summary. ...
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3 votes
2 answers
344 views

Why what you say to the police can be used against you, but not in your favour?

I'm asking this question from the viewpoint of an almost complete newbie in court law. I've heard stated by plenty of lawyers that you should never talk to the police, and the only thing you should ...
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6 votes
3 answers
155 views

How does lawyers' duty of fidelity to court work?

Rules of conduct and client care for lawyers say in Chapter 13: The overriding duty of a lawyer acting in litigation is to the court concerned. Subject to this, the lawyer has a duty to act in the ...
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65 votes
4 answers
14k views

What happens if I negatively answer the court oath regarding the truth?

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Witness: No. What would happen? Unfortunately, in the limited ...
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32 votes
1 answer
5k views

Held indefinitely for contempt of court?

Tommy Gregory Thompson is a former deep-sea treasure hunter and is about to mark his fifth year in jail for contempt of court for refusing to disclose the whereabouts of 500 missing coins made from ...
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-1 votes
2 answers
279 views

Are courts obliged to act if they're aware of a violation, even if the parties are no longer interested?

(Not sure if the title is good) Hypothetical case: Alice files a lawsuit against Bob, alleging some grievance. During the case it's established that Alice violated the law first, causing Bob to take ...
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-2 votes
3 answers
263 views

What's the point of those "spousal privileges" if, as I understand it, no-one can be forced to give a meaningful testimony anyway?

I don't understand this concept called "spousal privilege". Regardless of whether a defendant is a wife or husband in relation to a potential witness, the latter can always refuse to say ...
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4 votes
3 answers
1k views

In the US, what kind of lawyer represents the government in court?

Just want to know whether the government has a special lawyer or something like that.
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3 votes
2 answers
128 views

Are the courts open when the law library is closed?

Throughout the US, many courts face the challenge of providing services while concurrently attempting to comply with health guidance from the national, state and regional authorities. In many cases ...
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13 votes
5 answers
5k views

Is there any limit to the rate at which court cases can be filed?

Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or ...
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0 votes
2 answers
83 views

In the UK, under what circumstances is the prosecution not allowed to appeal?

I'm currently reading Tom Bingham's The Rule of Law, it says: Thirdly, the Attorney General can seek leave to refer a sentence to the Court of Appeal as unduly lenient. Occasional cases had arisen in ...
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1 vote
2 answers
188 views

Are inferior courts bound by a decision of a minority of the Supreme Court judges?

Say the Supreme Court of 5 judges (in New Zealand) makes a judgment. Two of the judges (minority, though one of them is the Chief Justice) express a separate opinion on a question of law. Are the ...
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11 votes
1 answer
2k views

What happens if you tell the court you are not satisfied with your attorney's representation?

I have often heard judges ask parties at the conclusion of a hearing on some matter, "Are you satisfied with your attorney's representation of you in this matter?" What is the consequence of ...
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1 vote
0 answers
69 views

Why are electronic and photorecording devices prohibited in courtrooms?

Observers in open court hearings often must resort to taking notes by hand and making pencil sketches. In the US we often see limited snippets of video footage on TV, and yet, there is still the ...
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1 vote
1 answer
289 views

What does "Dispense with formal citation" mean?

What does "Dispense with formal citation" mean? In various moot scenarios, I have observed the use of the phrase: If it pleases the court, may we dispense with formal citation? when ...
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0 votes
2 answers
140 views

Contesting an expired drivers license ticket due to covid 19

I got pulled over in Ohio (with an Ohio license) a few weeks ago because one of my headlights was dim. The officer was clear that he was just letting me know. He asked to see my drivers license, ...
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-1 votes
2 answers
171 views

Can it ever "not please" the court?

Can it ever "not please" the court? If my current understanding of the usual court proceedings (which are, admittedly quite beginner) is correct, from what I have noticed most lawyers will ...
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0 votes
1 answer
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Technically, can the prosecutor have advocate? [closed]

I understand, probably for many of you, lawyers, the article you’ve read is ultimately crazy, but I just thought: if everyone is equal before the court, can prosecutor use the services of a lawyer (...
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