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Questions tagged [court]

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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
116 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
36 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 ...
3
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1answer
108 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
169 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 ...
3
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1answer
88 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
65 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
89 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
297 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
140 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
66 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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0answers
110 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
38 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
66 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....
4
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1answer
100 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
114 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
43 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
97 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 ...
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1answer
152 views

What happens if I don't show up to the Court (DRA, Family Court, UK)?

The matter is listed for an adjourned DRA on _____ _____ 2018 10AM. The parties to attend at 9AM. DRA = Dispute Resolution Appointment I want to know what would happen if I don't show up for the ...
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3answers
269 views

Can victims respond to victim-blaming in court?

From this article about a rape case Mr. Khan’s lawyers worked relentlessly to discredit the account of the woman, who was not identified by name in the arrest warrant application. They asked ...
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1answer
76 views

Are lawsuit records publicly available?

I was a witness in a trial back in 2012, representing the plaintiff who was fired illegally. https://www.kafourymcdougal.com/a-washington-county-jury-awards-nearly-1-million-to-esd-whistleblower-2012-...
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0answers
51 views

What department in France is responsible for searching citizens physical address?

We have a court case in Russia and one of defendants is citizen of France and currently living in France. So, which official department in France can find physical address of citizen by official ...
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1answer
29 views

Australia - Subpoena bank records

I'm self-representing for a case that is centred on whether an amount of money was raised or not. I have reason to believe the defendant is likely to alter any documents he presents related to bank ...
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0answers
81 views

What is the correct way of communicating with the Family Court in the UK? [closed]

I have ongoing proceedings at https://courttribunalfinder.service.gov.uk/courts/croydon-magistrates-court-and-family-court I had a hearing on 20th Nov 2017. Next hearing is scheduled for February. I'...
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1answer
89 views

Was not given notice of court date, checked months later and had a bench warrant

Several months ago (4-5) I was involved in a major motorcycle accident in which I was rushed to the hospital. I have since recovered, and just so happened to check my court records in which I ...
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1answer
45 views

Are Lawyers allowed to file a court date for a federal case after they have been terminated?

So I know of this federal white collar criminal case, where a husband has been arrested by the FBI for misappropriation of Trade Secrets. A lawyer was quickly retained as a place holder to represent ...
3
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1answer
139 views

What's the point of prohibiting leading questions when unfavorable answers can result in witness being declared hostile?

From what I understand, during direct examination: It is assumed that the witness you called is favorable to your case, so you cannot ask them leading questions (in order to avoid coaxing them into ...
4
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1answer
59 views

Does the Limitation Act 1980 apply to criminal acts before 1980?

According to the Wikipedia page for the Limitation Act 1980, fraudulent breach of trust can be prosecuted any amount of time after the crime. However, I was wondering if this applies to crimes ...
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2answers
99 views

Can behaviour of a witness in a witness box affect the outcome of the proceedings?

I'm getting myself ready for the court hearing and I need to verify factual accuracy of the following statements. The Judge takes account not just of what is said, but also of how it is said, of ...
2
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1answer
487 views

Can statutory rape charges be dismissed if the minor is now of age?

I am a 16-year old female in Michigan and I am going to have to testify against my ex-boyfriend in a statutory rape case. What happened was consensual and my parents are not pressing charges, the ...
2
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0answers
959 views

Screenshot of Text messages in court [closed]

I am the subject of a legal case where the opposing party alleges that I had sent some damaging texts to them on an unconventional texting app (e.g., Whatsapp). Some of the identifying characteristics ...
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1answer
67 views

How do I file a certificate of service when making a money claim online?

I recently submitted online a court claim for money owed. Prior to making the claim I had written to the defendant several times to explain the breakdown of money owed but not got a response. Now ...
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1answer
171 views

Can UK citizens claim common law rights in a UK court, and what would happen if they did?

I've read in numerous blogs and heard from a few people that common law is more important than statute law in the UK, and that UK citizens can claim common law rights in some cases for their benefit. ...
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1answer
492 views

What is the origin of this legal quote?

In legal circles this quote, in one form or another, has passed into legend: Judge: Your client is no doubt aware that Vigilantibus, et not dormientibus, jura subveniunt? Lawyer: In Barnsley,...
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1answer
124 views

Do most people who take the stand at a trial not tell “the whole truth”?

I should note beforehand that much of my legal "knowledge" is based off of TV shows and movies so some of my assumptions might be off. When you take the stand at a trial, you promise to tell "the ...
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63 views

Preparing for Citation to Discover Assets (Creditor)

My parents received a small claims judgement against a wedding caterer who failed to refund a deposit for cancelled services. The caterer has not paid the judgement yet (it's been about 2 years). Now ...
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0answers
42 views

What happens to unsecured debts which were secured in a Ch 13 bankruptcy when dropped?

In some cases in a Chapter 13 bankruptcy, a secured debt can be partially converted to unsecured. For instance an automobile which was not purchased recently can be 'crammed down' For instance a car ...
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208 views

10 year old traffic ticket

This started in the money SE, but has escalated. My wife received a traffic ticket 10 years ago in Nevada. We're currently in Vermont. She paid it, but didn't keep a record. Within the last few ...
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2answers
4k views

What international body would one go to file a case against Australian Immigration?

I have a situation with Australian immigration that sounds like a cheap scam... Immigration process goes as follows, you submit documents to one of agencies that are appointed by the Australian ...
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3answers
2k views

Force person on stand to only say, yes or no, legal?

I've searched and have been unable to find the answer to this. It's a pretty basic question and something you see a lot in USA crime/law dramas. A person takes the stand under oath, under examination ...
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2answers
147 views

Can state keep a part of my cash bond if found not guilty?

In Texas speeding is a class C misdemeanor. If someone takes this to trial and the state requires a cash (bail) bond (twice the maximum find amount plus court costs) they must pay it to the county or ...
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3answers
248 views

Where can I find examples of blank motion forms?

I'm trying to find an example for a blank motion form for requesting the courts perform an action. Anybody have any examples that I can use to type up my request? Edit: For LaSalle County Illinois
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How do I find the correct fine/fee/bail for a municipal code parking violation?

I received a citation for San Jose Municipal Code 11.36.290 which is for parking a commercial vehicle over 10,000 pounds in a residential area. The fine was for $490, as well as the inclusion of a ...
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1answer
86 views

What does “majority at” mean in ruling documents

Example document: https://www.courts.wa.gov/opinions/pdf/886946.pdf p. 13: Instead of following Cox, 14 the majority relies on City of Houston v. Hill, 482 U.S. 451, 107 S. Ct. 2502, 96 L. Ed. ...
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205 views

Does a defendant in a criminal misdemeanor trial have to show up for announcement?

I noticed that for speeding tickets and class C misdemeanors in our county court in Texas, the court will many times schedule an announcement repeatedly. If a defendant shows up for the announcement ...
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1answer
114 views

What happens if a court decision maneuvers the court itself into a untenable legal position?

A long open question for the law was how responsible someone is if he sets up a link for another site and this site contains illegal stuff or changes its content to illegal stuff. For the exact ...
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1answer
76 views

Special court of law for condominiums

In the country where I live there is a special court for condominiums. In such court co-tenants in the same property can sue regarding administrations and use of common areas, maintenance fees, ...
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2answers
99 views

How do I take my child's school district to court (NY)?

I received an emailed letter from the superintendent of my child's school district, notifying me that I am prohibited from entering my child's school without a prior appointment. Failure to comply ...
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2answers
59 views

Fairness where Judges are elected and accept donations?

In some jurisdictions, like GA and NY, judges are elected. They accept donations to fund their election campaigns as do any other politicians. Law firms make many such donations. How can the judges ...
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1answer
84 views

Hypothetical Trial and Conviction

This question deals with how a hypothetical crime would be tried. Hypothetical situation: The police find two people who have been locked in a room for the past 6 hours. In the room with them is a ...