90
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 &...
44
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 ...
38
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 ...
35
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 ...
34
votes
UK - Working without a contract. I resign and guy wants to sue me
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 ...
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 ...
30
votes
What happens if I negatively answer the court oath regarding the truth?
What happens if I negatively answer the court oath regarding the truth?
You would be given few more opportunities to rectify, very likely with the judge pressing you to answering properly. But a ...
30
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’...
29
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 ...
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 ...
27
votes
Accepted
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 ...
26
votes
Is there any limit to the rate at which court cases can be filed?
There is no limit, per se, but intentional disruption of the courts is regarded as Vexatious Litigation and in some countries (the united-kingdom for example) the court may prohibit a person from ...
24
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 ...
21
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 to me like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
19
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-...
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,...
17
votes
Accepted
Do U.S. courts have to select a jury that's racially representative?
No.
The government may not establish laws to keep members of a particular race out of the jury pool. Strauder v. West Virginia, 100 U.S. 303, (1879) (“The statute of West Virginia, which, in effect, ...
17
votes
What is a municipal court?
It depends on the state. Unlike France, a unitary nation, American Federalism typically means States may define different legal concepts differently. In California for example, Municipal courts ...
16
votes
What happens if I negatively answer the court oath regarding the truth?
In Germany there are fairly wide-ranging reasons to legally refuse to testify; close relatives and spouses don't need to help prosecuting their loved ones and it is legally impossible to put an ...
15
votes
Accepted
Felony codes in Frank Artiles fake campaign case in Miami-Dade
"CAM CONTR/ACC 2>CONT" refers to F.S. 106.08(7)(B), under which Artiles is charged with "making or receiving two or more campaign contributions over or in excess of the limits," ...
13
votes
Is there any limit to the rate at which court cases can be filed?
What if someone purposefuly tries to file a court case every minute to disrupt the court can the person be punished in India or USA?
There is no official rate limit, but in the USA that person might ...
12
votes
Accepted
What happens if you tell the court you are not satisfied with your attorney's representation?
The judge would reject the defendant's guilty plea and proceed to trial.
This is a common part of a plea colloquy, which is a standard (often scripted) conversation that occurs between the judge and ...
12
votes
Accepted
Why are judicial circuits so named?
The answer by Dale M is basically correct but has some details wrong.
US Courts of Appeal
Recall that in the US Federal system the circuit courts are the "Courts of Appeal", that is the ...
10
votes
UK - Working without a contract. I resign and guy wants to sue me
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 ...
10
votes
Accepted
In the US, what kind of lawyer represents the government in court?
It depends on the situation
In a criminal case
When the government is prosecuting a criminal case, they are represented by a prosecutor. For a federal case, that prosecutor would be a United States ...
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
What is a municipal court?
Each state in the United States sets up their courts as the legislature sees fit. Some have courts for less important matters that are officially part of a municipality such as a town or a city. ...
9
votes
Accepted
What is the origin of this legal quote? "... In Barnsley, m'lud, they speak of little else."
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 ...
9
votes
What is a municipal court?
Is it like our "Tribunal de Police" for speeding on the road, noises
during the night and others petty things of the same kind?
Or is it more like "Tribunal correctionnel", when it ...
9
votes
Why are judicial circuits so named?
Because judges used to ride the circuit
Quite literally a judge would ride from town to town holding court in each one and, when they got back to the beginning, start again.
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