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39 votes
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Why do courts dismiss cases as moot?

The court is not running away from the problem; Trump isn't president, so the problem has actually gone away. Because there's no point in resolving a purely academic question, the courts generally ...
bdb484's user avatar
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38 votes
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Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?

Arthur has no contractual relationship with OU, and therefore no right to be in any dorm, or anywhere w.r.t. the university. The university has no duty to Arthur. Alice has some relationship to the ...
user6726's user avatar
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36 votes
Accepted

Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

This case was filed in federal court under diversity jurisdiction, meaning that it’s a lawsuit between citizens of different states. In most cases, diversity jurisdiction requires “complete” diversity:...
cpast's user avatar
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29 votes

Can a covert recording be used as evidence in UK civil court?

Yes, you can ask permission from the court. From this page (by a firm of solicitors): Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is ...
Paul Johnson's user avatar
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21 votes
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Can a civil court impose criminal contempt charges?

Can a civil court impose criminal contempt charges? Yes. can a judge in a civil trial impose an order along with damages that would incur criminal contempt charges if Trump were to continue to make ...
ohwilleke's user avatar
  • 221k
18 votes
Accepted

Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all evidences have to be introduce into trial before trial starts? Can I bring evidences on the day of the trial and introduce them on the fly to the ...
ohwilleke's user avatar
  • 221k
16 votes
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Is there a time limit to initiating a legal complaint?

united-states Overview The big picture to keep in mind is that in the United States the applicable deadline for filing a lawsuit is very specific to the legal theory upon which relief is sought from a ...
ohwilleke's user avatar
  • 221k
15 votes
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Could Alex Jones' lawyer have claimed back the data he should have produced in discovery?

This is a civil case in Texas. See Texas Rules of Civil Procedure, Rule 193.3(d) and guidance. In the current PDF May 1 2022 those are on pages 199 and 121 respectively and I reproduce them below. My ...
Lag's user avatar
  • 17.3k
15 votes

Do judges limit the amount of work required from each party's lawyers in a civil case to a reasonable amount?

A judge will limit each party to reasonable requests. But what is reasonable will be very dependent on the case. If the plaintiff is attempting to bring a class action suit against a dozen companies ...
Justin Cave's user avatar
  • 3,067
14 votes

Can medical records ever be subpoenaed or discovered in any judicial context?

Yes in general Generally, almost all western jurisdictions (be they civil law or common law) have some way to get medical records into evidence, be that via subpoenaing, or by discovery requests or ...
Trish's user avatar
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13 votes
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Can lawyers ask about, and discriminate based on, iPhone ownership during a case involving Apple?

The question of whether they can ask these questions will be left to the trial judge. If the parties can make any kind of reasonable argument that consumers of one product or the other are likely to ...
bdb484's user avatar
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13 votes
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Difference between "dismissed with prejudice" vs. "res judicata"?

Res judicata (also called "claim preclusion") prevents relitigation of a dispute that was previously litigated or could have been been litigated in a case that was actually filed that was ...
ohwilleke's user avatar
  • 221k
12 votes

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

As a general rule, failure to comply with a court order is not contempt of court if compliance is impossible. In the unusual scenario you describe, the outcome will depend on the specific legal ...
sjy's user avatar
  • 9,286
11 votes

Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?

Aside from all else, this will fail for lack of provable damages. It's not even like Arthur had to rent a hotel room in lieu of expecting to sleep the night in the dorm room. That is not allowed, ...
Harper - Reinstate Monica's user avatar
11 votes

In a civil trial, can a party “call” its opponent’s witnesses in making its case?

ontario Any party may call a witness that has relevant evidence (Rules 53.01 & 53.04). There is "no property in a witness" (see also Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 ...
Jen's user avatar
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10 votes
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What remedies are there if it was subsequently discovered that a witness lied at trial?

What remedies are therein the United States? I would imagine that the witness could be prosecuted for perjury. My guess is that the plaintiff could prosecute the witness for the lost damages. Are ...
ohwilleke's user avatar
  • 221k
9 votes

Do judges limit the amount of work required from each party's lawyers in a civil case to a reasonable amount?

Alternative jurisdiction answer: england-and-wales These sort of tactics don't work. The Courts have a number of tools available to them to prevent it under the Civil Procedure Rules. Overriding ...
JBentley's user avatar
  • 8,320
8 votes

Can the Fifth Amendment protection against self-incrimination be invoked in a civil deposition?

If the question asks, "did you do X" where X is or includes a crime that you could be criminally prosecuted for, you can invoke the 5th amendment in refusing to answer that. I have seen that done and ...
Burned's user avatar
  • 676
8 votes
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Is it possible to end up in prison due to failure to appear in court for a civil matter?

Prison v. Jail First of all, failure to appear (in the U.S.) would led to incarceration in jail (a local government facility allowing for detention typically up to one year for misdemeanors), rather ...
ohwilleke's user avatar
  • 221k
8 votes

Why do courts dismiss cases as moot?

Federal (Article III) courts only may adjudicate current and ongoing controversies, that exist along the whole case length.* A case initially presenting all the attributes necessary for federal court ...
Trish's user avatar
  • 40.5k
8 votes
Accepted

Default judgement when the court can't provide the requested relief

A federal court may dismiss a complaint sua sponte (i.e. without a request to do so from a party) if it is beyond its subject matter jurisdiction (a category of defenses including lack of standing) or ...
ohwilleke's user avatar
  • 221k
8 votes
Accepted

In what cases is a U.S. Federal Executive Official named in a lawsuit in their official capacity as a defendant and when is the US itself named?

There are two main main circumstances in which individual officials are named. One is where the relief sought is non-monetary and the official has the ability to provide the relief, such as a habeas ...
ohwilleke's user avatar
  • 221k
8 votes
Accepted

Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial?

Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial? The Fifth Amendment to the U.S. Constitution ...
ohwilleke's user avatar
  • 221k
7 votes
Accepted

Is spousal immunity affected if one spouse dies?

Privilege May Be Irrelevant In Your Case In a criminal case in the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted ...
ohwilleke's user avatar
  • 221k
7 votes
Accepted

Child care exemptions for jury duty in NYS?

She can ask, but she does not have a right to be excused New York law for jurors does not have an automatic right to be excused because of familial care needs. There is a right to be excused for ...
Dale M's user avatar
  • 213k
7 votes

In civil litigation: is a defense barred if not asserted in time?

This is called the "waiver trap," and it can be quite harsh indeed. Rule 8 and Rule 12 require a defendant to assert most affirmative defenses almost immediately -- either in their answer or ...
bdb484's user avatar
  • 60.7k
7 votes
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Are courts "duty-bound" to enforce Rules of Procedure?

“Like the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure are as binding as any statute duly enacted by Congress, and federal courts have no more discretion to disregard the ...
bdb484's user avatar
  • 60.7k
7 votes

Are there lines of reasoning that can only be introduced into a case via an expert witness?

You'll generally need an expert witness to testify to anything that requires "scientific, technical, or other specialized knowledge" beyond the knowledge of the average person. So although a ...
bdb484's user avatar
  • 60.7k

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