Questions tagged [court]

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36 views

Are prisons really full of people who *actively insist* that they are innocent? [closed]

I've always heard that "everyone is innocent" in prison. Okay, so I get that they don't want to admit it even if they did do it, but what I wonder is, do all of these people really actively ...
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2answers
93 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
38 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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1answer
47 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
78 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
65 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
215 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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30 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
30 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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22 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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30 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
79 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
79 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
141 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
90 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
74 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
88 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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113 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
43 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
354 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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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
200 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 ...
2
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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
90 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
114 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
202 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
50 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
175 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
562 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
126 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
92 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
166 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
698 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
352 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 ...
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2answers
108 views

Can a Judical Misconduct Complaint be read or searched for?

I have read a news article stating that 15 misconduct complaints were filed against Justice Kavanaugh to the "federal appeals court in Washington, D.C." I found that searching the "https://www.cadc....
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186 views

How can one fight probation revocation

A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol. During the ...
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2answers
105 views

Filing for arbitration in the court of common pleas

So I have a contract that ended up having patently false information that is also provable. This seems like the simplest thing to me, have expert witness, have the contract, have pictures, have audio ...
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1answer
104 views

Can direct payments around the court harm a divorce case?

During a divorce proceeding the court ordered the father to pay 1xxx a month in child support through the court/state supervision arrangement. The mother is living away from the father with the child....
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1answer
121 views

What happens if you have to turn up at two or more courts at once?

I was wondering, when a court sends out "invitations" for persons to appear at a court session, it usually includes a "you have to appear if not sick (or else)" clause. Now naturally it can happen ...
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1answer
160 views

Is trial courtroom layout prescribed by rule or law?

In the United States, in general criminal trial courtrooms, I have always seen the defense positioned furthest from the jury and the witness stand. However, I gather that not only is there no law or ...
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1answer
102 views

Going to court after agreeing to multiple dispute resolutions

Dave and Bob co-found a company together and both sign a shareholders agreement.They then work together on the company full-time for a year. Dave is then accused by Bob of breaching the agreement by ...
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1answer
182 views

can I get sued without accepting EULA

I plan publishing information in an article about Software which is the result of people reverse engineering the software. The author of the software has been attempting to sue people who made use of ...