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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What was the petitioner's argument for a rehearing of Harper v Hall?

I found the order issued by the North Carolina Supreme Court here: order for rehearing The order notes: The Rules of Appellate Procedure provide that a petition for rehearing “shall state with ...
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To what extent are state courts bound to the descsion of circuit courts? [duplicate]

It is my understanding that federal courts usually only bind other federal courts, not state courts. Similarly, state courts usually bind only other state courts. A decision by the U.S Ninth Circuit ...
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Can a Lower Court Claim to be "Smarter" than the Supreme Court?

In Coinbase, Inc. v. Bielski the Supreme Court agreed to review as to whether a denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending ...
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What court fees were payable in respect of the case Meads v. Meads?

Presumably one of the parties had brought the case and (at least initially) had to pay the claim/application fee to the court, whether or not they were later reimbursed. In total, when all was said ...
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2 answers
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In the US, what defines a court of law

This seems like such a simple question, but I cannot find an answer. What defines a court of law in the US? Is it the court building itself? Is it wherever the judge chooses it to be? Is it a ...
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1 answer
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What is the legality and practicality of conducting litigation under a pseudonym?

When one goes into a police station (okay, when one is brought in for a recordable offence), one is fingerprinted and identified against big databases of identities. Even if this doesn’t happen, there ...
1 vote
1 answer
180 views

Does double jeopardy apply if the prosecution did a "terrible job"?

The point of this question is about how double-jeopardy could potentially be abused. Say that Bob is suspected of murdering Mary. If he is tried for this crime and found not guilty, then he can't be ...
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7 votes
2 answers
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Is it required for a defendant to be in court?

Say that Nathan is on trial for 100 murder charges. He already knows his life is over, so every time they bring him into court, he starts screaming expletives out of turn. They charge him 1000 times ...
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2 votes
2 answers
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What's the difference a petition, motion, suit & complaint?

I've seen all of these terms being thrown around to describe overlapping concepts. I believe a suit asks the court for a monetary judgment whereas a "petition" just asks the court for an ...
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Do federal courts favor arbitration compared to state courts?

On OgleeTree.com I read this: State courts historically have been more hostile to arbitration than federal courts. Do federal courts tend to favor arbitration over state courts? Aren't both federal ...
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2 answers
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Judicial federalism outside the US

Does any other federal country use a US-like system of having both a local and federal court systems, applying different rules of procedure and enabling the equivalent of double jeopardy, i.e where ...
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1 answer
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Filling a complaint to compel arbitration?

The concept of filling a motion to compel arbitration in response to a lawsuit is well known. Less known is the option of filling court proceedings to compel arbitration as a complaint - even when no ...
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1 answer
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Is a judge required to explain his ruling?

A friend of mine was recently in Special Civil court where the Defendant submitted a 25 page motion to dismiss the case. The judge read the motion (to himself, quietly) and announced that he does not ...
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2 answers
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Can a Defendant Insist on Cross Examining the Plaintiff Directly in a LT Trial?

This question relates to a landlord tenant trial in NJ in which the landlord ("Plaintiff") is being represented by an attorney. The Defendant wishes to cross examine the Plaintiff directly ...
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16 votes
2 answers
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How is a plea agreement NOT a “threat or promise”?

I was viewing a televised case, the Judge asks the defendant “have any threats or promises been made to you to deliver this plea” before the defendant delivers their guilty plea as part of a plea ...
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3 votes
1 answer
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Why does a defense attorney (or prosecutor) need to object?

Why does a defense attorney (or prosecutor) need to object? Why does the judge, who is to most understanding attempting to create a neutral court of law, not simple stop the objectionable questioning ...
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Resources to learn the art of oral arguments in the courtroom [closed]

Courts in India are hugely overburdened. It is common for a court (be it a trial court or High Court or the Supreme Court) to have more than a dozen cases listed before it each day. Under these ...
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1 answer
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Are jurors allowed to disquallify each other?

Say Mike the Murderer is on trial and there's no doubt he's the murderer. 12 jurors meet. All of them think he's obviously guilty, except for one David the dissenter. Is there any way the other 11 ...
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15 votes
4 answers
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Are witnesses allowed to give private testimonies?

Alice's grandpa Greg is on trial. Alice's testimony is crucial to get Greg convicted. But, for some reason or another, Alice doesn't want to appear in court as a witness in front of Greg to badmouth ...
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7 votes
3 answers
923 views

How is the quality of an expert witness judged?

When bringing in an expert to testify something, obviously that expert doesn't have to bring in their resume and go through 3 rounds of interviewing with every member of the jury, as if they were ...
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19 votes
3 answers
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Is a potential juror protected for what they say during jury selection?

Walter and Bob are potential jurors for the same trial for a white supremacist. Walter happens to believe in white supremacy. Bob happens to be Walter's boss (or even just a potential employer). ...
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1 answer
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Convictions for not doing age verification check for selling alcohol

The following questions are about selling alcohol in the United Kingdom. Has anyone ever been convicted by a court for the only reason they did not do an age verification check? What evidence would ...
2 votes
2 answers
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Why do courts reserve the verdicts for later?

The courts of law (including the Supreme Court) in India often "reserve" the verdicts after hearing is completed. What's the purpose behind this practice?
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1 answer
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What is a mercantile court?

Another answer cites the Birmingham mercantile court. I've never heard of a mercantile court before despite having researched the English court system before. What is this court and where does it fit ...
2 votes
1 answer
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Probate vs Surrogate Courts: whats the difference?

In the US, and specifically New York state, what is the difference between a probate court and a surrogate court?
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Are motions made by a party in a single-party, unopposed case "ex parte"?

Some cases have only one side with only one party; there might, for example, be a petitioner, but no respondent or other affected party at the time of the action. An uncontested estate case with a ...
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1 answer
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Can motions made by a party in a multi-party case without an adversary be "ex parte"?

Some cases have only one "side", but multiple parties; there might, for example, be a petitioner and parties supporting the petition, but no respondent. An uncontested estate case with ...
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3 votes
1 answer
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How are huge demonstrations outside a court house dealt with?

For example, during Bill Cosby's trial, there were huge crowds with signs screaming all over outside the courthouse. I assume that every juror had to walk across that every day to get to the court. ...
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1 answer
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Court Reporter vs Monitor

My understanding is that a Court Reporter is a person who is present at the proceeding and 'types' what is said and that a Court Monitor is a person who records what is said via electronic/digital ...
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1 answer
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Are family courts prejudiced against men?

Does family court really hate men and fathers? Seems to be a common thought on the internet. Is it really true the only right a man has towards his kids is the right to pay for everything? I really ...
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1 vote
0 answers
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Can Administrative Subpoenas be Issued by Local Government Agencies in the US?

In the U.S. do local government agencies such as police departments or superior courts have the ability to issue administrative subpoenas, or is this power restricted to only federal government ...
1 vote
0 answers
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Difference between Magistrate court, Sessions Courts, & High Courts

In India, I've noticed that there are many types of Courts. For example, within the same city, there are a few Magistrate courts, sessions courts, and a single High Court. I understand we need more ...
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9 votes
3 answers
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What is a Writ and who can issue one?

What is a Writ and who can issue it? Can a normal person issue a writ on some normal person or should be done on an institution? I'm asking this with respect to India. Is the meaning the same across ...
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2 answers
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Could Congress create a court higher than the Supreme Court?

Could Congress create a court that could overrule SCOTUS decisions?
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2 answers
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Why are judicial circuits so named?

Why are judicial circuits named "judicial circuits"?
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1 answer
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What is the difference between county court and a civil tribunal, and other low level / less formal tiers of courts in the UK?

I suppose that a county court is for civil matters for private parties to sue each other for general civil causes of action. A county court further has a small claims procedure/track for cases of an ...
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2 answers
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What is the difference between "is" and "isn't" when asking a question?

This kind of question has parallels in here and here, although my question differs from both. In the latter, the question focused on the difference in context of a statement. But in the former, the ...
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What incentive does an expert/witness have to participate in a case? [duplicate]

As an example, say that Bob is a Professor at Stanford in Cryptography with a cushy life. If the FBI, or some high-profile criminal attorney comes to Bob asking for him to testify as an expert at ...
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12 votes
3 answers
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What is the penalty for a bad-acting witness/expert?

Say Alice from the defense/prosecution meets with Bob, some expert/witness, to establish some "facts", and then Alice agrees to call Bob to the stand to establish those "facts" for ...
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23 votes
1 answer
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What is the penalty for a bad-acting juror?

Let's say Bob is part of the jury during a trial. But Bob is a dishonest/bad juror. What penalties could he face, and what party would be prosecuting him? The particular scenarios I have in mind are: ...
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2 answers
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Do I have any recourse outside of the third party that processes red light camera violations in Illinois?

I received a letter in the mail yesterday from payonlineticket-dot-com with a "Final determination of violation liability" for supposedly violating some red light law. The video on the site ...
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3 answers
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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
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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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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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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
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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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1 answer
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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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1 answer
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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
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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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