13
votes
Is a judge's completely arbitrary determination of credibilty subject to appeal?
First: see How is a judge to evaluate a witness's credibility?
Appealability of credibility findings is extremely limited
A fact-finder's determination of credibility is not an appealable issue ...
12
votes
Accepted
Is there a way to read lawyers arguments in various trials?
united-states
This is challenging to do in most state and local trial courts, because full trial court transcripts are usually only made available to the parties to a case being appealed and appellate ...
10
votes
What does it mean when a court case is "dismissed"?
A case can be "dismissed" at (most) any time (however, the further along in the process a case is, the less likely a judge will allow a case to be dismissed without very good reason).
A case ...
10
votes
If a court webcam has a "do not record" mention, is that legally binding?
canada
Recording court proceedings is generally prohibited no matter whether an annotation is displayed on a video feed of the proceeding. For example, see s. 136 of the Ontario Courts of Justice Act.
...
9
votes
Meaning of "Strike from the Record" in legal code? Is there *any* memory/record once "stricken"? By who/what handled/processed? Proof of striking?
My understanding is that "the record" only refers to the official record of the proceeding, e.g. the transcripts that would be kept on file and used as the basis for formal decisions. Such ...
9
votes
Under what circumstances would a change to the case name occur when no changes were made to the parties involved?
There are several reasons that case name might change. Here are twelve of them, roughly in order of frequency:
A party is dismissed from the case and hence is no longer a party, so the next person in ...
8
votes
Accepted
How can I gather data from past cases in the US? Is it possible?
Let's say I wanted to generate a report on the trends in outcomes of
civil cases. Is there anywhere I could download any kind of data
related to it? The parties involved, maybe information about the ...
7
votes
Meaning of "Strike from the Record" in legal code? Is there *any* memory/record once "stricken"? By who/what handled/processed? Proof of striking?
The Different Senses Of The Word "Record" As Used In Court Cases
The "record" in the sense used in the phrase "strike from the record" is the sum total of testimony, ...
7
votes
Accepted
What does it mean when a court case is "dismissed"?
It means that the case will not be heard in full, and it can happen for various possible reasons:
The defendant files a "motion to dismiss" which is granted (for example if the plaintiff ...
7
votes
How can I gather data from past cases in the US? Is it possible?
While there may be others, the only nationwide court case aggregator that I am aware of is:
Lexis/Nexis
It's not a free service but if you need this information presumably you have a paying customer ...
7
votes
Why were some of Epstein’s clients names still redacted from the released court files?
Because they were victims
Or, people who, if identified, would identify victims.
The judge said a handful of names should remain blacked out in the documents because they would identify people who ...
7
votes
Is a judge's completely arbitrary determination of credibilty subject to appeal?
Findings of fact are generally not appealable*
* - as long as they are not obviously unreasonable.
A finder of fact - be it judge or jury - is allowed to weigh credibility as they see fit as long as ...
6
votes
Accepted
Is a filing in the public domain?
Court filings are, in general, matters of public record. This does not automatically put them into the public domain. This will mean that, absent a special order of the court, anyone will be able to ...
6
votes
Is there a way to read lawyers arguments in various trials?
new-zealand
Before civil trials occur, lawyers (or pro se parties) file with the court written submissions where they articulate their arguments.
Trials (or hearings) then take place with the primary ...
5
votes
Are search warrants public records?
Short answer: Maybe.
Long answer: The answer here varies from jurisdiction to jurisdiction.
Normally, the process goes like this: The application for the warrant is usually made under seal or ...
5
votes
Accepted
Does the GDPR cover reference to court proceedings?
Privacy against publication of criminal convictions has been considered in the High Court in NT1 & NT2 v Google LLC [2018] EWHC 799 (QB), if I may run the risk of posting a legal citation myself. ...
5
votes
Is there a way to read lawyers arguments in various trials?
england-and-wales
You may be able to inspect statements of case by paying a fee, in accordance with CPR 5.4. See also CPR PD 5A for more details. Statements of case would include the particulars of ...
4
votes
What other ways are used to record court proceedings other than "stenographers?"
From what I understand, courts occasionally use "sound" recordings in
place of stenographer records. The original recording is not made
available to the public but transcripts are. When, ...
4
votes
If a court webcam has a "do not record" mention, is that legally binding?
Not Legal Advice
Exactly whether it's legal or not within the United States likely depends on laws that vary state-to-state, however, it is also probable that knowingly and willingly breaking such a ...
3
votes
Accepted
What does "electronic verbatim record" mean?
Verbatim, despite sounding like verbal, only means that it is an exact account of what was said during the proceedings. Thus appending electronic to it means that this exact record is available in ...
3
votes
How to access US court proceedings if not a US citizen?
I run CourtListener.com and RECAP and I hear this question from time to time. It depends a little on what kinds of data you're after. Some folks need court data in real time as it's published by the ...
3
votes
Does a destroyed file allow for an expungement?
Short answer: No. If a court destroys the criminal file due to age, the defendant's criminal record lives on in law enforcement databases, be it local, state, or federal. In San Diego, the Superior ...
3
votes
How long are the documents of courts stored in the contries of the West?
I'm not sure if you are asking for each of the countries listed, but I am assuming that they are there merely for example.
In the US, the are a variety of different rules for its different court ...
3
votes
Accepted
Help me interpret this court record
There are a variety of reasons a judge might be disqualified. It could be that the judge was previous an attorney who represented someone (defendant, victim, key witness) involved in the case, it ...
3
votes
Accepted
Which Supreme Court justices have been the most anti-intellectual property?
Which Supreme Court justices, present or historical, have ruled the
most against intellectual property rights?
In recent years, the U.S. Supreme Court has narrowed the scope of intellectual ...
3
votes
Can the military see my sealed juvenile record during the background check?
One answer is that you should say "yes", because it is a federal felony (5 years prison term) to say "no", because it is untrue, and you know it is untrue. This assumes that the question simply asks "...
3
votes
Accepted
Finding transcripts and associated documents for late 19th century Pennsylvania Orphans Court and Supreme Court decisions
is there a chance that that any of that still exists somewhere - a
transcript/notes/etc from the Orphan's Court hearings, the auditor's
report, and/or the transcript/notes/etc from the PA Supreme ...
3
votes
Do courts withhold hearing transcripts from parties anywhere?
Anywhere in the world, do parties to court hearings have no absolute
right to access those transcripts (or recordings), subject to any fee
that may be required to cover the costs of typing them back? ...
Only top scored, non community-wiki answers of a minimum length are eligible
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