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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10
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1answer
944 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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1answer
132 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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2answers
189 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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3answers
117 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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0answers
23 views

How does the WTO ‘Dispute Settlement Body’ enforce ‘binding’ decisions?

As far as I can tell the WTO does not rely on the UN Security Council to enforce any binding decisions, which is the only international body I’m aware of that has the authority. I’ve not yet found a ...
61
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4answers
12k 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 ...
31
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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 ...
-1
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2answers
248 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
233 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
119 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 ...
12
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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 ...
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2answers
78 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
155 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 ...
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1answer
134 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
122 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
166 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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1answer
93 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
116 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
32 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
652 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
42 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
122 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
86 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 ...
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1answer
76 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
378 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
82 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
39 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
33 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
113 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
86 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
157 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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2answers
169 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 ...
11
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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 ...
0
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1answer
162 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
125 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 ...
4
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1answer
51 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
84 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 ...
1
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1answer
595 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 ...
21
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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
25 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
3k 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 ...
3
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3answers
204 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 ...