Questions tagged [witnesses]
People who were at or near the scene of an event at the relevant time, and in a position to testify as to what happened.
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What Happens to Abandoned Infant Citizenship?
In the United States, you are considered a U.S. Citizen just by being born in the United States. However, I imagine that there are situations where there is no proof that a child was born in the ...
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3answers
209 views
Why can't a lawyer just blame a random witness for harming a plaintiff?
It seems generally uncontroversial that in examining a witness at trial, a lawyer may not ask questions implying that the witness has engaged in some wrongdoing unless the lawyer has some basis for ...
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72 views
can you hire a witness as your lawyer to exclude their testimony?
I'm was just watching "American Crime Story" season 1 (O.J. Simpson trial), episode 4, around 38:30. The prosecutors were discussing the case when one asked about the testimony of Robert Kardashian, O....
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116 views
Witness sabotaging a document with wrong signature
Suppose you are asked to sign a document (a will, marriage certificate, deed poll, etc.) as a witness. You secretly disapprove of the thing taking place and therefore attempt to sabotage the document ...
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2answers
140 views
Defendant pays witness to say “I don't remember”. What can be done to prevent/deal with this?
Say Rob commits a crime against Bob, and Matt witnesses it.
Right after the incident Matt is outraged about what Rob did and sympathetic to Bob. He talks to Bob and assures him that he will tell the ...
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163 views
Translation of witness testimony
You are a juror on a serious criminal case in the United States.
One of the witnesses, a tourist, has no knowledge of English.
Questions and answers for this witness (both direct and cross) are ...
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1answer
230 views
Disabled fiancée is harassed by her father and I'm a witness. Am I an accomplice from not helping?
Quick context summary:
I've been with my fiancée for years. Although we call ourselves as such, we are not legally married nor recognised as a couple.
We're living around 500 kilometres/311 miles ...
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1answer
84 views
Witnessing a theft in France
When I witness a theft, for example, a pickpocket in a busy RER, am I bound by law to report the theft? Am I required/protected by law to defend the victim/intervene in the act?
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219 views
Why should a witness have to be arrested if they didn't answer the summons of a subpoena?
If this is a why of the law based on policy, I will move it to the politics site.
I do not think it is right to arrest someone who hasn't broken any laws. The witness didn't probably show up due to ...
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1answer
214 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 ...
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103 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 ...
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2answers
102 views
Consequences of contradicting one's sworn testimony in separate cases?
If a person makes a statement to police and 2 years later in a courtroom, under oath but not the same case, they make a statement that directly contradicts their witness statement does the defense ...
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1k views
Is there a legal prohibition on aircraft cabin crew serving as witnesses?
While browsing some stuff on quora, I came across that cabin crew is not a legal witness as per law.
Cabin crew cannot be a legal witness as per the law, due to cabin
pressure and altitude they ...
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1answer
132 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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2answers
61 views
Contacting the opposition
A young lady (21) is connected to our family through friendship. Over the last year or so she has had a rough go of it. Central to these issues is a legal dispute with her step-father and the mother ...
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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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56 views
When is evidence introduced that is not easily shown
In a criminal trial, I've seen counsel walk over and show items to the opposing counsel that they wish to enter into evidence. After showing it to them, they'll begin laying the foundation sometimes ...
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2answers
355 views
What are the Responisbilities of a Witness (Witness Signature)?
When signing a contract or a consent form, does the person signing as a witness have to:
See that the signatory (primary person signing) has filled in any/all blank values
Confirm that the signatory ...
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5answers
361 views
Is this hearsay?
In this situation, the attorney is attempting to find out on direct exam. whether the witness had a conversation with the defendant, who is being sued for securities fraud, about business matters:
...
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1answer
202 views
When is an email message admissible evidence?
I am a parent who is pursuing a special education impartial hearing without a lawyer. I have learned (in the hearing) that I can question district employee A about an email message I sent to that ...
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5answers
2k views
Can a witness safely admit to committing illegal actions?
Can someone who is testifying as a witness in a U.S. civil (small claims) case receive immunity from criminal acts?
Consider this hypothetical:
The defendant is accused of stealing something from ...
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2answers
136 views
Alternative to “Isn't it true that…?” when questioning witnesses
I am a parent who is going to a special education impartial hearing without a lawyer. I have read that with school district witnesses, I am allowed to ask questions of the form "Isn't it true that...?...
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“Right to silence” for witnesses in Norwegian law
I know that the Norwegian Criminal Procedures Code §90 gives a suspect the right to refrain from testifying against themselves.
There's this Norwegian fictional story where a group of friends witness ...
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3answers
149 views
In Canada, is there an individual cause of action against a perjurer or police?
Consider the situation where a person commits perjury by falsely asserting a material fact in court that goes against your case.1
In Canada, could you sue the perjurer? Suppose you lost your job, ...
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2answers
1k views
Who should witness a medical records request form?
I have almost filled out a medical records request form for a hospital, but the final lines state that I must sign and my signature must be witnessed, along with a line for the "witness" in question. ...
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9k views
Why are documentary crews allowed to be a party to illegal activity?
I was recently watching a documentary that was about underground firearms trade. The crew found themselves in the Philippines where Colt .45 1911 knockoffs were being manufactured and stamped with ...
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1answer
282 views
Is it legal for police to deny protection to an informant despite a known threat?
So, the second season of Daredevil came out today, and internet lowlife that I am I'm already a few episodes in.
A pivotal part of the plot involves a criminal who police are well aware would almost ...
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3answers
786 views
What does the witness oath mean in legal situations?
I'm in NSW, Australia but our witness oath is apparently fairly standard across English-based legal systems. It looks like this generic example from wikipedia:
Oath: I swear that the evidence that ...
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1answer
69 views
Under what conditions is it possible or required to change one's own affidavit?
What are the options if a fact witness in a civil case writes an affidavit that is filed with the court and later finds out that the affidavit is simply wrong? For example, the affidavit said that ...
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2answers
205 views
is 12 of your peers a bad thing now?
Everything about the US legal system is based on police lineups and a unanimous decision by 12 of your peers.
But surfing a popular physics website I stumbled across phys.org
"Under ancient Jewish ...
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1answer
1k views
Simple techniques to take away from police officer's credibility
Are there any simple and easy methods to try to detract from a police officer's credibility? I'm interested in the US legal system.
Example
When challenging a traffic ticket, you can take notes or ...
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3answers
1k views
May I contact a person who wrote an opposing affidavit?
I wrote an affidavit for a divorce proceeding in Georgia (USA), as a fact witness (not an expert witness). I read an affidavit of someone who wrote an affidavit for the other side. I am concerned ...
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1answer
512 views
What is the point of having a witness sign something?
On some documents they require a witness to sign. What is the point of this? Just added security that it's less likely 2 people would lie?
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1answer
373 views
How do lawyers find expert witnesses?
When a lawyer needs an expert witness I assume he looks for three things:
Unimpeachable credentials
Motivation to support his case
The ability to favorably impress a jury, via a compelling demeanor ...
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1answer
211 views
Immunity in exchange for testimony
Suppose John Doe is on trial for murder and Jane Smith is called as a witness. Suppose some question prompts Jane to take the fifth against self incrimination. My understanding is that the prosecution ...
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1answer
267 views
What is the legal meaning of “related to”?
I'm filling out a paternity affidavit right now. The instructions say,
The parents of this child or anyone related to the parents cannot be witnesses to any of these affidavits.
This cannot be ...
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2answers
382 views
Destroying a will and ganging up with relatives not included in that will
I've seen and read about lots of relatives of deceased wealthy individuals disputing the dead person's will and I've always been curious about this:
Suppose I'm a lawyer (who I'm not) and I'm ...
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6answers
441 views
What is the opposite of argumentative?
From Wikipedia:
Argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case.
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For example, if a lawyer ...
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2answers
3k views
Does killing witnesses before trial suppress them?
If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant?
For example, if sworn ...
