Hot answers tagged

34

What should I do? Don't get intimidated, don't sign/accept/submit to his "agreement" now that you are securing employment elsewhere, and make sure that henceforth all your communications with the CEO & his startup be --or continue to be-- in writing. The CEO's attempt to be reimbursed is pure non-sense because hitherto there is no mutually agreed ...


27

No international body has jurisdiction Australia is a sovereign nation which means it has sole jurisdiction over its immigration policy. So, short answer: no international body has jurisdiction. Who does have jurisdiction? As it seems that the decision made is that the points you have been assessed by the Department of Immigration and Border Protection (DIBP)...


19

In some jurisdictions, California probably being the most well-known in the US, there are Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes, which allow a defendant to file an anti-SLAPP claim (for sake of clarity I'm going to keep calling that person the "defendant") when the plaintiff's suit appears to have been filed for the purpose of ...


19

A judge has the authority to determine what law applies to a case and to instruct the jury accordingly, and also has the authority to determine which evidence is admissible. Presentation of a defense, in practice, involves presentation of evidence supporting a legal theory. In order to be admissible in evidence in an evidentiary hearing or trial, the ...


10

What should I do? I would take one of two approaches. Either Ignore him until he actually takes you to court, at which point hire a lawyer, or Hire a lawyer now and demand that he communicate with you only through your lawyer. I would prefer the first course of action because I assume that either he will run out of steam eventually and stop bothering you,...


8

You don't. The only proper venue to raise the concern you do would be an Australian court or administrative agency process. Each country is the judge of its own immigration policies. There are no international courts which would have jurisdiction over the dispute you describe.


8

There is no such law mandating this layout, nor is there any law permitting the defendant to demand a change to it. The arrangement seems most likely to have been driven by security concerns when courts began removing "the dock" and letting the defendant past the bar to sit with his attorneys. One court has also concluded that it was meant to assist the ...


8

While trials don't have a set time, generally the length of a trial is based on its complexity (and to a certain degree, also the gravity of the charge). Simpler cases (e.g. breaking and entering) will generally take less time to hear than more complex cases (e.g. a violation of proper calculation procedure of an SEC mandated income report concerning ...


8

TL;DNR: YES! A "motion to dismiss" a suit asks the Court do exactly what you say. It asks the Court to dismiss the suit as legally invalid, even if the facts alleged in the suit are correct. A motion to dismiss is usually filed in response to the initial complaint. A defendant can ask for dismissal on a variety of grounds. These range from, "this court ...


7

This is not a quote, per se, rather, it is a meme. It is attributed to Gilbert Gray, and according to The Independent Saturday 7 March 1998 was originally: "I take it, Mr Gray, that your client is familiar with the maxim: Quis custodiet ipsos custodes?" "Indeed my lord, responded the QC drily. "In Barnsley they speak of little else." However, ...


7

Generally speaking, courts take whatever time they need to write their decision and then release it close to immediately. In cases where a judge believes she has the information she needs, she may rule "from the bench," announcing a decision and entering an order for the parties to comply, and then follow up with a written order later. The research process ...


6

You are deeply confused, probably by the blogs of a conspiracy theorist (perhaps discussing the Sovereign Citizen Movement mentioned in the comments), whom it would be helpful for you to reference. In fact, people with and without lawyers claim common law rights in the ordinary courts of the UK every day, in the lion's share of civil lawsuits. For example: ...


6

No. You cannot be held liable for violating the EULA if you have never used the software and are only reporting what people who did use it told you. Of course, people bring groundless lawsuits all the time and you might have to defend such a lawsuit if you are sued. In some places you could be subpoenaed to disclose your sources, and in others, a reporter'...


6

Don't bother spending your money on a lawyer: those threats sound like bluff. You can always hire one when your former employer brings you to court, which (taking into account the absurdity of his claims) will most certainly be "never". Don't sign any agreements now, unless you need something to be signed (and in that case, make sure you understand what you'...


6

Not at all Well, except that a contempt of court charge would also apply. The bailiff would make an arrest and transfer custody to the police who would follow their normal process. Witnesses would be interviewed and ultimately testify. The judge , as a witness would not be able to hear the case so it would be brought before another judge.


6

"I have done nothing wrong" You got up in court and, when the judge asked if you had done anything wrong, you said: "yes" (guilty). So, in the eyes of the law, you are in the wrong. Police are entitled to make mistakes and, when they do, the accused can either accept the consequences of that mistake by pleading guilty and paying the ...


5

This is a question of civil procedure more so than law. The customs and practices of civil procedure are established by legal precedent, not laws made by legislatures. In general, a witness can answer a question however they want as long as it is responsive to the question. Litigators will attempt to bully a witness into certain types of answers, but this ...


5

The only way in which you could be "incorrectly listed as a defendant" is if somehow your name was typed in as a party (there would be a glaring gap, that no paragraph of the complain says anything about you as a defendant). Assuming the situation is nothing so bizarre as a typo, you are a defendant. Whether or not you are liable in this case is a matter of ...


5

Could the person on the stand refuse? Yes. The witness may refuse to read it aloud, which does not mean he cannot be compelled to do so. The witness may object on grounds you mention (prejudice) only if he is the defendant. Either way, the judge will make a decision on how that evidence is to be presented to the jury. Regardless of who reads the evidence, ...


4

The answer is going to vary from state to state and, even within a state, from jurisdiction to jurisdiction. However, in general terms, non-judicial court officers, such as clerks of court and prothonotaries, will have specific tasks delegated to them by the court; they can make decisions on matters that the legal system does not consider to require ...


4

First off, the concept of "the whole truth" is legally undefined. It cannot possibly mean "everything that you know that is connected to this question", since otherwise a witness would be required to drone on and on for hours. Second, there is no way to determine what percentage of witnesses are not "telling the whole truth". We can be fairly certain that ...


4

A majority of the justices support the first opinion, written by Johnson, so Madsen (writing a separate concurring opinion) is referring to the previous opinion. "at 12" means "on p. 12" (special law talk), so at the top of p. 12 you see the quoted text. "n. 9" means "footnote number 9" (which is on p. 12).


4

Witness demeanor is absolutely relevant, both to evaluate the credibility of a witness and in a matter such as a child custody case, to evaluate the merits of what constitutes the "best interests of the child" which hinges, in part, on the interpersonal social skills of a parent in dealing with the parent's children. Before I start investing time and ...


4

Yes it affects them. Judges are pursuing their vocation as a career and there are career paths within the judicial system just as there are in every other career. Screw up too many times and your career ends at your present level. Judges are also professionals and most take professional pride in doing their jobs well. Having a decision overturned is ...


4

Here's what I had to do : After going through this harrowing phase, I thought I will post an update in case some one is in such a situation. The Northern Territory's Personal Violence Restraining Order act has a clause (section 21) which basically says if the applicant believes a third party knows the defendant's name then the applicant can request the ...


4

Yes Ideally a case will be conducted by the same judge throughout, however, there are a multitude of personal, professional and administrative reasons why this might not happen - litigation can take years and like every other workplace people come and go, have changing family circumstances, sickness, vacations etc. A litigant should not be alarmed and ...


4

Some of this will vary by Jurisdiction, that is by country, and by state in the US, or by province in some other countries. This answer will be focused on the US. Other answers may address other countries. Why did they only arrest the attacker and not the victim? There is not enough information here to say, but stories from participants or witnesses ...


4

This question does seem to stem from a poor English translation, so maybe this legal confusion is best resolved with a clarification of some of the terms of the profession. Criminal cases are "prosecuted", or tried by either X Department of Justice (where X is one of the 50 states) or by the US Department of Justice. These departments are not ...


3

There are a number of manipulative things that an attorney can do (on cross-examination, to an opposing witness): badgering, leading, and limiting testimony to yes-no responses. The ABA describes "Qualities of a good cross-examination", which encourages questions answered "no". For instance, opposing counsel may ask "You have never used the Mark 4 Toxotron ...


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