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95 votes

What happens if I negatively answer the court oath regarding the truth?

That will amount to refusal to testify. The judge will warn you that, for a summoned witness, a refusal to testify means contempt of court and you will be asked that question again. After a second &...
Greendrake's user avatar
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51 votes
Accepted

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

The U.S. Supreme Court has explained in Duncan v. Louisiana, 391 U.S. 145, 156 (1968): Those who wrote our constitutions knew from history and experience that it was necessary to protect against ...
Jen's user avatar
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49 votes
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Why did this US prosecutor keep asking whether documents would refresh a witness's memory?

united-states Witnesses are generally confined to giving testimony from their own personal memory; most of the time, they can't read a statement into the record or just tell the jury to go look at ...
bdb484's user avatar
  • 60.8k
47 votes
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Are witnesses allowed to give private testimonies?

united-states The Sixth Amendment gives a defendant in a criminal case the right to “confront one’s accuser”, and the Supreme Court has taken a notably originalist view of this right, holding that ...
Sneftel's user avatar
  • 2,378
43 votes

Is there any limit to the rate at which court cases can be filed?

Yes, it's actally happened. Several outfits have filed cases by the hundreds, and they were even literally photocopies. And it works rather well, until one victim stands up for what's right - and then ...
Harper - Reinstate Monica's user avatar
39 votes
Accepted

Is a potential juror protected for what they say during jury selection?

united-states The jury selection process (voir dire) is normally done in open court. Walter's statements would be heard by anyone present. Reporters can be present, and may choose to publish accounts, ...
David Siegel's user avatar
37 votes
Accepted

What is the penalty for a bad-acting juror?

united-states This will vary somewhat by jurisdiction. But in most US states: Bob happily blabs to the media and exposes all the other jurors and what they've said and who they are. All for some ...
David Siegel's user avatar
37 votes

Does the law make exceptions for Good Samaritans?

Depends on where you are, and what law would be broken and why. In germany, there is the concept of rechtfertigender Notstand (justifying emergency). If there is a present danger to a Rechtsgut (...
o.m.'s user avatar
  • 18.8k
36 votes

Traffic Accident. Defending myself (Canada)

Let's be quite brutal here. Inexperienced driver doesn't mean the driver made a mistake. Lots of friends in the car doesn't mean they interferred with his driving. Loud music in the car is totally ...
gnasher729's user avatar
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36 votes
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Why are there two case numbers for United States v. Trump?

Court Listener explained by email: This is unfortunately a bug we have in multi-defendant criminal cases. Sorry! See a more technical description of the problem here: https://github.com/...
Jen's user avatar
  • 61.2k
33 votes
Accepted

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

Just like every other contested assertion They hear the testimony (evidence-in-chief, cross-examination, redirect), look at whatever physical evidence and submissions on the law that the party wishes ...
Dale M's user avatar
  • 214k
32 votes

What happens if I negatively answer the court oath regarding the truth?

In England & Wales A witness who attends court but who refuses to take the oath or affirmation, or who improperly refuses to give evidence, is liable to be fined or imprisoned. In the magistrates’...
Richard's user avatar
  • 4,094
31 votes

Are leading-witness rules applied equally to prosecution and defence?

This is normal. It only seems imbalanced because only the prosecutor has been able to call witnesses so far. Under Minnesota Rule of Evidence 611: Ordinarily leading questions should be permitted on ...
bdb484's user avatar
  • 60.8k
27 votes

What international body would one go to file a case against Australian Immigration?

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 ...
Dale M's user avatar
  • 214k
26 votes
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Held indefinitely for contempt of court?

Can the courts hold someone indefinitely for contempt of court? Yes. This is civil contempt which is imposed to compel compliance with a court order that the disobedient person has the ability to ...
ohwilleke's user avatar
  • 224k
26 votes

Does the law make exceptions for Good Samaritans?

While the question asks generally about "necessity"-type defenses, there is a need to distinguish between two separate concepts. Good Samaritan laws Good samaritan laws "offer legal ...
KFK's user avatar
  • 1,479
25 votes

What is the penalty for a bad-acting witness/expert?

The first thing to keep in mind is that, before appearing on the stand, an expert witness will have given a sworn deposition and delivered a written report of his or her findings. They could expect ...
Davislor's user avatar
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25 votes
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How is a plea agreement NOT a “threat or promise”?

This is covered by Rules of Federal Criminal Procedure Rule 11, which says that Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and ...
user6726's user avatar
  • 215k
25 votes
Accepted

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

Short of forging the judge's signature or acting with a conflict of interest, there's really not much a law clerk can do to "improperly" contribute to the judge's work. Although Trump's ...
bdb484's user avatar
  • 60.8k
23 votes

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

I am guessing that the question is about the United States, since the "objection!" procedure is not the same in other places. The Supreme Court has held that even though you have the right ...
alexg's user avatar
  • 7,195
22 votes
Accepted

Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

Video of that portion of the hearing can be found on the court's YouTube channel. It doesn't seem like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
Nate Eldredge's user avatar
22 votes
Accepted

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

canada The Criminal Code allows a court to "cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the ...
Jen's user avatar
  • 61.2k
20 votes

Can the jeopardy of being judged be fought against in court?

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-...
IllusiveBrian's user avatar
19 votes
Accepted

What is the basis that allows a judge to reject a defense in a criminal trial in the USA

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,...
ohwilleke's user avatar
  • 224k
19 votes

Can a witness lodge an objection in response to a question?

united-states Generally, a witness cannot object to a question on the grounds that it fails to conform to a rule of evidence (e.g. hearsay). A witness can refuse to testify on a matter either due to ...
ohwilleke's user avatar
  • 224k
19 votes
Accepted

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

Short Answer There were 30 House of Lords convictions of peers resulting in a punishment for the peer (in 29 cases a death sentence, and in the one final case, in 3 months of imprisonment) from 1499 ...
ohwilleke's user avatar
  • 224k
19 votes

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

Historical accident and path dependence Specifically, in the case of the US Bill of Rights, it's that the Founding Fathers were rebels, not revolutionaries - they wanted to replace the leadership at ...
Dale M's user avatar
  • 214k

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