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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9
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2answers
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 ...
2
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1answer
55 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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1answer
82 views

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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1answer
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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3answers
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'?
4
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1answer
278 views

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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1answer
104 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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1answer
77 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 ...
1
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1answer
65 views

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 ...
2
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1answer
69 views

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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1answer
66 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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1answer
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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0answers
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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1answer
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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0answers
99 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 ...
3
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3answers
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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2answers
171 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 ...
5
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2answers
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 ...
1
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1answer
42 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 ...
10
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1answer
967 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 ...
1
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1answer
143 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. ...
3
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2answers
290 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 ...
6
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3answers
140 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 ...
62
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4answers
13k 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 ...
32
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1answer
4k 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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2answers
262 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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3answers
251 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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3answers
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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2answers
125 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 ...
13
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5answers
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 ...
0
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2answers
80 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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2answers
173 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 ...
10
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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
58 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 ...
1
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1answer
208 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
133 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
168 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 ...
0
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1answer
94 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
120 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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3answers
1k views

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

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?
0
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1answer
43 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
124 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)? ...
0
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1answer
89 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 ...
11
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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 ...
1
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1answer
78 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....
6
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2answers
514 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 ...
1
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1answer
132 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 ...
1
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1answer
47 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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0answers
34 views

What is meant by Capacity to Perform Juristic Acts

What is the difference between Capacity to Act and Legal Capacity?
3
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1answer
118 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 ...