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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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What is effect of lack of special instructions to Trump's jury for unanimity of guilt in the underlying felony upon subsequent appeals? [duplicate]

Former president Trump was recently convicted of 34 felonies relating to false business records. Payments made to Michael Cohen were falsely recorded as legal expenses when in actuality those payments ...
Anthony's user avatar
  • 425
2 votes
1 answer
213 views

Can the government compel a witness to testify against an accused criminal?

In a criminal trial, the 6th Amendment to the US Constitution guarantees that the accused has the right to a "compulsory process for obtaining witnesses in his favor." Meaning that a person ...
Wes Sayeed's user avatar
  • 1,066
2 votes
2 answers
469 views

In a legal proceeding, where is "fairness" defined?

I was involved in a rather formal administrative review. I got the impression that administration was determined to give the facade of fairness while arriving at a predetermined conclusion. One thing ...
hellohello's user avatar
-3 votes
1 answer
204 views

HELP!!! Court order for a DMCA counter notice [closed]

I was reposting someone's AI pictures without permission and Twitter removed them so I filled a counter notice saying it's AI. The next day I got this email from Twitter. What does it mean and what ...
Gabriel's user avatar
0 votes
2 answers
101 views

Justice delayed [closed]

I just rec'd. a summons to have a pre-trial conference re.- a traffic ticket that is dated > 4 yrs. ago (turn w/o signaling). I have no recollection of it. Presumably, the NY municipality will ...
user2065068's user avatar
7 votes
1 answer
200 views

Can defendants wear an earpiece or headset in the dock to communicate with their lawyer?

Besides its presumed prejudicial effect on juries' perception of defendants, secure docks such as the one pictured below are often criticised for inhibiting defendants' ability to communicate with ...
Mark Amery's user avatar
0 votes
1 answer
80 views

Do statements made under oath filed with a court give rise to a condition of estoppel?

Bob brings a claim in court and makes a statement in one of his filings which was, for whatever reason, inaccurate/wrong. He then makes statements in a subsequent filing that contradict these. Does ...
TylerDurden's user avatar
2 votes
1 answer
84 views

Does the doctrine of contra proferentum apply to court filings as well as contractual terms?

Where there are ambiguous or contradicting terms appearing throughout the text of a contract, it is customary to interpret it in a way that is most contrary to the interests of the party who has ...
TylerDurden's user avatar
8 votes
2 answers
2k views

On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded

On Nov 3, 2023, Judge Engoron issued a gag order to Trump's lawyers barring them (as well as Trump) from speaking about the judge's staff. This is precipitated by Chris Kise's argument that the law ...
GratefulDisciple's user avatar
1 vote
2 answers
126 views

What is a “clerk”?

In different jurisdictions do they have different meanings? How/when did the roles diverge? Is it more or a research assistance position, or an administrative/secretarial one of doing the day to day ...
TylerDurden's user avatar
8 votes
1 answer
987 views

What court in Kentucky, USA handles cases between $2500 and $5000?

I'm not the OP on that Reddit thread, nor have I commented on it, so I'm not trying to spam it. A comment on r/LegalAdvice mentioned Kentucky's small claims limit is $2500 [...] so if the value is ...
cocomac's user avatar
  • 376
-4 votes
1 answer
46 views

Was Ashford v Thornton heard at the Royal courts of Justice in Chancery Lane, London or elsewhere?

What physical venue was this 19th century Murder appeal heard in?
TylerDurden's user avatar
22 votes
8 answers
8k views

What is the purpose of being tried by a "jury of your peers"?

If you are facing criminal charges (in the United States), there is a person in the court (the judge) who is an expert in law, has extensive experience, and is (at least theoretically) impartial. And ...
SegNerd's user avatar
  • 5,163
-4 votes
1 answer
78 views

Is the principle of making extra allowances for amateur litigants stronger in the UK?

Amateur litigants, also called pro se litigants or litigants in person perhaps among other terms, are decidedly supposed to be actively accommodated and assisted by the courts in the UK so as to “...
TylerDurden's user avatar
1 vote
4 answers
287 views

Recourse for biased judges presiding over trial

Alice has brought a civil claim against Barbara, and the paperwork has all been filed as directed in the written case directions. Alice has been self representing while Barbara has hired Barry as her ...
TylerDurden's user avatar
-1 votes
1 answer
83 views

By what principle may county courts in London be expected to follow certain past decisions?

"Now we have a county court appeal judgment on the issue, from HHJ Luba KC. Still not a binding precedent, but of persuasive value (and will be followed in the London courts). " https://...
TylerDurden's user avatar
-2 votes
1 answer
116 views

What is a “designated civil judge” of a county court?

See this page that lists them: https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/leadership-judges/designated-civil-judges/ But what is the idea of this post?
TylerDurden's user avatar
0 votes
0 answers
32 views

Alimony in England

My understanding is that alimony, in England, is decided by the courts. This gov.uk page, for instance, says: The court sometimes tells the person with the higher income to make regular maintenance ...
TheProseMix's user avatar
18 votes
2 answers
4k views

Why are there two case numbers for United States v. Trump?

There are two almost identical case numbers assigned for the case United States v. Trump. The dockets are almost identical. 1:23-cr-00257-TSC USA v. TRUMP PACER CourtListener 1:23-cr-00257-TSC-1 - ...
Daniel McDonald's user avatar
-1 votes
1 answer
166 views

Has there ever been a court case dependent on general or special relativity or both?

Possibly something related to where GPS data was submitted as evidence.
R-Obsessive's user avatar
  • 1,195
3 votes
1 answer
119 views

Typo in disclaimer - worst case scenario

I've noticed a typo on an investment company's disclaimer in a brochure, to the effect: This company and its research affiliate June continue to have such dealings and June also have other ongoing ...
Arash Howaida's user avatar
1 vote
2 answers
291 views

Why is the Crown Court called the Crown Court?

The Crown Court in England handles the graver charges known as indictments. Less severe criminal proceedings are heard in magistrates' court. Why is the Crown Court named Crown Court? Does it have ...
TylerDurden's user avatar
-5 votes
4 answers
252 views

How to accomplish a court hearing after arrest without being stuck in prison cell for more than 4 years like Assange? [closed]

TLDR / UPDATE / SUMMARY: Police: I'm arresting you. Me: You are breaking the law, what I do is minor. Police: No, I'm arresting you, what you do is more than minor. Arrested. Now the question is: ...
Silly mistakes in the past's user avatar
4 votes
1 answer
411 views

To what extent can an employer require their employees to be experts at a trial?

Say a company is facing a trial and the court requires (version 1) the company (version 2) someone with expertise from the company to provide a sworn opinion (something like "the process to do ...
WoJ's user avatar
  • 2,458
0 votes
4 answers
5k views

Can a lawyer at trial keep shouting objection in order to fillibuster?

Lets say that I'm at my own trial, representing myself pro se. I immediately object to something (anything at all - it doesn't matter what). If I understand correctly I can't be held in contempt - ...
Jon's user avatar
  • 460
41 votes
4 answers
6k views

Why did this US prosecutor keep asking whether documents would refresh a witness's memory?

Background I served on a jury during a criminal trial in the United States several years ago. There was a strangely formal interaction that repeated itself a few times during the trial. The ...
Steve V.'s user avatar
  • 706
11 votes
1 answer
2k views

When lords were tried by the House of Lords, where could they appeal to?

If a lord was proceeded against then the HoL would be the venue of first instance. But where would the appeal go from there, and what was the venue of last resort? Or was it there be all and end all, ...
TylerDurden's user avatar
1 vote
2 answers
4k views

Do I get a letter asking to attend Traffic School, after paying traffic ticket online? (In california)

Last month, I got a speeding citation in California (County of Contra Costa). Then I got the ticket in the mail. Ticket offered 2 options: Pay the ticket (admission of guilt) = ~$240 Pay the ticket (...
Yugal Jindle's user avatar
2 votes
2 answers
139 views

Why is a divisional court called a divisional court?

A court sitting with more than one judge is a divisional court. I am having difficulty seeing the relevance of the term to its definition.
TylerDurden's user avatar
9 votes
3 answers
7k views

Does the law make exceptions for Good Samaritans?

I know very little about the law. When I watch court television shows, it seems like if a Good Samaritan breaks the law to stop a bad guy, the law/court turns a blind eye. Are there cases where the ...
Noah's user avatar
  • 219
6 votes
2 answers
3k views

Is a witness on the stand allowed to take notes?

I have read that witnesses in a court are allowed to refer to notes when they are testifying, but, without regard as to why they might feel a need to, are they allowed to take notes while they are ...
Andrew Morton's user avatar
1 vote
1 answer
83 views

Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?

Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
TylerDurden's user avatar
0 votes
1 answer
186 views

When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides - the Court or the Arbitrator?

Courts are required to enforce arbitration agreements according to their terms. But what if the parties dispute whether a contract containing an arbitration agreement expired? Does the court or the ...
S.O.S's user avatar
  • 601
5 votes
2 answers
526 views

Why is it really bad to publicly talk about a case you are involved in on social media?

I was inspired to ask this question due to these related Reddit AMA I’m Jaime Rogozinski, Founder of WallStreetBets and I’m suing Reddit. AMA. Help me understand the trademark battle for ...
HanMah's user avatar
  • 357
10 votes
1 answer
2k views

At What Point Does a Supreme Court Ruling Become Binding on Lower Courts?

When the Supreme Court hears a case it can take a while for it to issue a verdict. Typically, after hearing oral arguments, the Justices have to decide the case. They do so at what is known as the ...
S.O.S's user avatar
  • 601
1 vote
1 answer
52 views

Do any judicial bodies in England have inquisitorial powers?

England mostly follows common law, an adversarial system which is the opposite of the inquisitorial judicial system. That said, are there deviations and variations from this in any of its judicial ...
TylerDurden's user avatar
4 votes
1 answer
118 views

Why does the high court of chivalry follow “civil law,” and what does this mean?

The English so called high court of chivalry, archaic and now rarely used, is said by Wikipedia to follow civil law (ie not common law). How does this work, and how did it come to be? https://en.m....
TylerDurden's user avatar
-1 votes
2 answers
107 views

If one is tried+convicted of a crime at a certain time, can one be tried+convicted of another crime that happened at the same time? [Yakuza Series]

100% inspired by Yakuza Lost Judgement. Bob is accused of assaulting Alice at X o'clock, with video evidence. It goes to trial, and Bob is successfully convicted. Later on, strong evidence comes up of ...
chausies's user avatar
  • 4,171
3 votes
1 answer
128 views

How do lower level (county or magistrates) courts in the City of London differ in their jurisdictions from those in the surrounding boroughs?

Because the City of London has certain aspects of municipal autonomy, are there restrictions on their equivalence with the rest of the county or magistrate court system? In general any county court ...
TylerDurden's user avatar
2 votes
3 answers
293 views

Landlord Picks Lock & Enter Premises Without a Judgment for Possession?

If a landlord enters residential premises without receiving a judgment for possession and without the presence of a Special Civil Part Officer what recourse does the tenant have USA? Can they be ...
S.O.S's user avatar
  • 601
10 votes
3 answers
3k views

Can two people be tried together?

Bob and Carl are both accused of the same murder of Alice. Are they supposed to be tried together as one party in a single trial? be separately tried in two simultaneous trials? be tried one after ...
chausies's user avatar
  • 4,171
13 votes
2 answers
4k views

If a witness asks for their lawyer during a trial, how is it handled?

A criminal trial is going on. Andy the Attorney asks Walter the Witness some questions. After a while, Walter realizes he's been an idiot, and says he wants his Lawyer Larry. How does the court ...
chausies's user avatar
  • 4,171
2 votes
1 answer
46 views

How are courts' official case law archives distributed and stored?

For example, what medium are they recorded/stored in? Is it a hybrid/mix as technology has evolved? And, does a court automatically receive copies of all other regional courts of the same and higher ...
TylerDurden's user avatar
20 votes
5 answers
5k views

Are underage people allowed to defend themselves in court?

Bob is underage, yet commits a severe criminal act that's worthy of going to trial. Normally, one is allowed to represent themselves in court, however ill-advised that may be. But is Bob, underage as ...
chausies's user avatar
  • 4,171
0 votes
3 answers
121 views

Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?

In court, a legal representative may be conducting the case and calling witnesses and cross examining the other side's witnesses. Are these representatives "sworn in" under oath? As they ...
TylerDurden's user avatar
0 votes
2 answers
536 views

Is a Tenant Entitled to a Jury Trial in an Eviction Case?

Is a tenant entitled to request a jury trial? If yes, does it matter if the tenant is being evicted for nonpayment of rent vs. the Summary Dispossess Act in an owner occupied premises?
S.O.S's user avatar
  • 601
2 votes
1 answer
60 views

What rule governs when county court decisions result or don’t result in written statements of reasons?

I recall reading that at the circuit judge appellate level, the answer is yes. But I’m more wondering specifically about the district judge or deputy district judge level of first instance.
TylerDurden's user avatar
-3 votes
1 answer
85 views

What is "the Court"?

In legal proceedings there seems to be a nebulous entity often referred to as "the Court". What does this device/construct denote and what is its purpose? Is it basicallyy like an avatar ...
TylerDurden's user avatar
0 votes
1 answer
88 views

Why do we have a written and reasoned judgment of Bower v Brewdog?

I thought that in general, cases at the county court level are decided summarily, unless and until they get appealed to, e.g., the circuit judge. Yet, Bower v Brewdog appears to have been judged by a ...
TylerDurden's user avatar
-4 votes
2 answers
66 views

Can the prosecution fight for the defendent's innocence?

Bob is accused of a crime (let's say murder). Bob is a self-hating man who wants to be punished. He admits to the crime, and hires a lawyer to push forth his guilty plea. The prosecution, however, ...
chausies's user avatar
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