Questions tagged [court]

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2answers
93 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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1answer
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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0answers
54 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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1answer
50 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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2answers
113 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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2answers
158 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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2answers
85 views

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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2answers
109 views

Are animated GIFs Recognised as videos or images in court?

When settling legal disputes about copyrighted GIFs (or apngs webps etc) are they recognised by the court as videos or images (Or does it make no difference)? It's worth mentioning that they are (in ...
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0answers
28 views

What does it mean to be “in the United States” in the context of “reform” of data privacy?

I had a question regarding data privacy reform and how it would interact with the phrase “in the United States.” The specific issue is the question of physical storage and accessibility of the data. ...
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2answers
173 views

Is an IP address of a phone an Admissible piece of evidence in court?

If and IP address of a phone was used as evidence in court and that was the real only part of evidence the prosecution had, would that alone be enough evidence to prosecute the defendant?
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1answer
41 views

Genuine Issue and Summary Judgment

At the outset of case ( Teevee Toons, Inc. v. Gerhard Schubert GMBH, 2002 W.L. 498627 (2002). ), I read genuine issue and summary judgment. I know that summary judgment is judging without full trial ...
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3answers
115 views

Is it common for plaintiffs to present their case at court hearings with an actual presentation?

At court hearings, where the plaintiff (or their lawyer) is given time to present their case, is it common for them to do it with an actual on-screen slide show presentation (like at a conference)? ...
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1answer
84 views

What happened with daniel hogan´s space dive prosecution?

I just read that the red bull strato project actually was the idea of Daniel Hogan. When he noticed, that red bull wanted to start it years later, he went to court. But what happened then? Was he get ...
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1answer
2k views

What is the basis that allows a judge to reject a defense in a criminal trial in the USA

I have another question inspired from watching Law and Order. Often, a defense attorney will give notice of a defense, and both the defense lawyer and prosecutor will be in the Judges chambers making ...
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1answer
72 views

Has there ever been a case where a company or person takes themselves to court?

Weird question I just had, sort of summarised in the title really. Has there ever been a case, anywhere in the world, where a person or company (or company vs subsiduary) has taken themselves to court....
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2answers
243 views

Can a lawyer compel a witness to read something aloud in court?

Often on shows like Law and Order, a lawyer might ask someone on the stand to read something aloud. An example might be an academic putting forward one opinion, being asked to read an excerpt from a ...
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1answer
61 views

Reversing (overturning) vs remanding (remitting)

When a higher (appellate) court finds that a lower court erred in law, there are two possible outcomes: The lower court's decision is reversed / overturned and replaced with a new one. No new ...
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1answer
32 views

Can it be judicial misconduct to not rebut arguments of losing party?

Bob sues Rob in a civil court (adversarial system). Bob contends: I am right and Rob is wrong because of A. Rob defends: No, A does not apply because of X. Bob replies: No way. X does not ...
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27 views

What is meant by Capacity to Perform Juristic Acts

What is the difference between Capacity to Act and Legal Capacity?
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0answers
41 views

Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)?

Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)? 2018-12 VA lawmakers vote to eliminate driver's license suspensions over fees www.whsv.com/content/...
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1answer
80 views

In the United States, how is the legal process different if a crime is committed IN court?

In the U.S., a common course of action is that a peace officer makes an arrest on an alleged violation of law, which is then heard by a magistrate/court. How is the process different if a court ...
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1answer
82 views

Tipping competing salon that unjustifiably sued us to IRS for misclassifying their former employees?

We are being sued by a competing business salon that in complaint filed with court alleges that their "former employees" conspired with us in stealing trade secrets (a.k.a. customer contact list). In ...
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2answers
149 views

What are one's options, if he is incorrectly listed as defendant in civil lawsuit?

A little background: Two employees working for a competing beauty salon left it and came to us to rent out two stations. Since day one we have had landlord-tenant and not employer-employee ...
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1answer
113 views

How to obtain a US court order from outside the country?

My brother died a few months ago. I requested from Google, via an online form, the email data of my brother. Now they have replied and told that they need a court order from US to proceed further. ...
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6answers
5k views

Can the jeopardy of being judged be fought against in court?

Can the right to take people to the court be itself subject to judicial challenge? In other words, if someone attempts to sue you, would you ever be able to successfully argue in the court to prevent ...
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2answers
1k views

What determines the time factor in a court reaching a decision?

Aside from scheduling, what factors determine how long it takes for a court to reach a decision? My specific prompt for asking is the news that John Bolton is willing to defy the White House and ...
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1answer
64 views

What remedies would be possible/likely in a successful defamation suit?

This question is related to another one I asked recently: Is it true that a suit of defamation could require "very little effort"?, so please review that one first -- thank you. Let's say ...
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2answers
75 views

is there any legal precedent for using Android GPS information to battle Traffic Citations?

While I'm still a novice Linux student, my travel time for work had increased dramatically in the last year as an IT installation tech. I've noticed a great deal of discrepancy between my GPS speed ...
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1answer
107 views

if i only record my own voice in a telephone conversation can i legally use it

can I record a conversation with my phone when I am speaking to someone on the call. the only voice recorded is mine , and the other persons voice is not recorded. can I legal use this in court
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2answers
119 views

Is newspaper publishing of a defendant's details considered doxing in the United Kingdom?

Does doxing apply to a newspaper that publishes a defendant’s full name and full address (minus the postcode) following a first hearing in the Magistrates Court? Can a defendant who is yet to stand ...
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1answer
46 views

Can mailed documents make time sensitive requirements without indicating a postage date?

A friend of mine recently received a court document that required action in a specific time frame (in this case, 10 days). However, as hard as she looked she was unable to find any postage date to ...
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3answers
81 views

Where can I find the progression of litigation?

I'll read a news article on a controversial arrest such as https://www.mtpr.org/post/montana-women-detained-speaking-spanish-sue-border-protection. But then I can't find the follow up. Sometimes a ...
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1answer
485 views

What is the difference between overturned, reversed and remanded?

I'm reading a document I don't fully understand. In it, it states: "It is not appropriate for the court of appeals to review this point, which is to be returned to the High Court" It also states ...
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4answers
5k views

UK - Working without a contract. I resign and guy wants to sue me

I am a foreigner from overseas I just arrived in UK 3 months ago. I have been working for a small startup in UK as CTO, my employer didn't want to give me an employment contract of any type, or ...
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0answers
41 views

I read this story about a physical assault. How much of it actually makes sense? [duplicate]

I read this story about an assault, and I'm wondering if it adds up or not. So these two guys get into an argument, and it gets really out of hand, causing one of the guys to tackle the other guy and ...
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0answers
24 views

Do the Courts of European Union publish the full transcripts of proceedings?

I am trying to apply natural language comprehension, formal semantics and deontic logic to the the law and for that I need full transcripts of the proceedings and court materials. Do the Courts of ...
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2answers
2k views

Why did OJ Simpson's trial take 9 months?

It's my understanding that most trials are over in a week. Are murder trials typically much longer, or was OJ Simpson's case very unusual (aside from the publicity)? Do trials essentially last as ...
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3answers
202 views

I just read this story about a lawsuit. Does it make any sense? [closed]

I read a fictional story about this assault/lawsuit, and I'm really stuck on some of the details. I'm trying to figure out if it was actually written correctly or not... So this guy assaulted another ...
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0answers
66 views

Robert Kraft - what is the reason for the prosecution's offered deal? [closed]

After reading this article about Robert Kraft (football team owner allegedly caught having sex with a prostitute in a spa), it appears that the prosecution offered Robert Kraft a decent deal: He has ...
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1answer
97 views

Can court change case judges as it pleases?

Say a lawsuit has been filed with a court. A judge looks at the case and makes some initial directions (e.g. requests formal written statements, considers case management memoranda filed by the ...
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1answer
121 views

How does one get a Personal Violence Order against someone whose name is not known?

According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in ...
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3answers
209 views

Is lawyer going to be prosecuted if it is proven that he/she certainly knew that his/her client is guilty but continued to deny it in court? [duplicate]

If, say, during the process a client, who is accused of committing a murder, admits that he did it to the lawyer and demonstrates some undeniable proofs, like video of him committing a murder in a ...
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1answer
51 views

Is there a difference between “say” and “submit” in court parlance?

In the (senior) courts of England & Wales, a submission given verbally might perhaps be introduced with: We say… or We submit… Strictly speaking, is there some distinction ...
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1answer
237 views

Is the Judge allowed to ask about your nationality or citizenship during a speeding ticket hearing?

I am of Indian origin, legally living in the United States. For my speeding ticket hearing, the Judge asked me in front of the entire court house; "Are you from Pakistan? I replied "no" with an answer,...
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1answer
566 views

What does a trial for Terrorism look like in France?

I'm a writer, and need help for a book that takes place in Paris. According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
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1answer
127 views

Is it possible to arrange remote attendance at Family Law court hearing in the UK?

It is possible to hire a barrister and be represented. Is it possible to hire a barrister and be represented and have a Skype / Hangouts / anything running during the court hearing? Previous ...
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2answers
95 views

HOA - General Rule Violation [closed]

Sorry keeping some details private as to protect myself, but note I have a calendar log of every event that has happened. In the beginning of 2018 our HOA and we as Homeowners came to an agreement ...
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2answers
193 views

Can a judge/justice file a lawsuit and bring a case to their own court? What happens then?

Can a judge or justice (I'm interested in both) file a lawsuit that would normally fall under their own court's jurisdiction? What happens in such a scenario? I'm especially interested in the answer ...
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2answers
761 views

Do judges get penalised when their decisions are quashed by a higher court?

In New Zealand, court decisions are fairly often taken to a higher court and got quashed / overturned. When this happens, the higher court judge would typically rule that the previous judge "erred" in ...
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1answer
356 views

Appeal process in UK from District Judge

Could anyone please explain to me my options. I am appealing against a possession order from a District Judge to a Circuit Judge. I have a hearing for permission to appeal in two weeks time. I am ...