94
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 &...
- 25.8k
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
...
- 44.1k
48
votes
Accepted
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 ...
- 57.2k
47
votes
Accepted
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 ...
- 1,767
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 ...
38
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, ...
- 113k
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 ...
- 113k
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 (...
- 14.5k
36
votes
Accepted
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/...
- 44.1k
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 ...
- 32.9k
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 ...
- 198k
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’...
- 3,976
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 ...
- 57.2k
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 ...
- 198k
26
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 ...
- 196k
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 ...
- 1,469
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 ...
- 2,826
25
votes
Accepted
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 ...
- 211k
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 ...
- 57.2k
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 ...
- 4,971
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 ...
- 29k
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 ...
- 44.1k
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-...
- 4,831
20
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 ...
- 196k
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,...
- 196k
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 ...
- 196k
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 ...
- 198k
Only top scored, non community-wiki answers of a minimum length are eligible