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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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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
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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
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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
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15 votes

Why are there two case numbers for United States v. Trump?

The extra number is typically added to the end of a case number when there are multiple defendants. Trump's case number ends with -1 because he is the first named defendant. I suspect you'd be able to ...
bdb484's user avatar
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12 votes

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

Jen's answer is excellent as far as it goes. I'll just add some details relevant in the modern continued desirability of the practice and reality. Juries tend to be pro-defendant in state law criminal ...
ohwilleke's user avatar
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11 votes
Accepted

What court in Kentucky, USA handles cases between $2500 and $5000?

District Court The KY Administrative Office of the Courts website and brochure says: ​​​​District Court is the court of limited jurisdiction and handles juvenile matters, city and county ordinances, ...
user71659's user avatar
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11 votes

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

canada For a comparative perspective, I present the situation in Canada, which seems to match bdb484's answer for the U.S. Communication between a judge and their law clerk within the scope of the ...
Jen's user avatar
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7 votes
Accepted

Can the government compel a witness to testify against an accused criminal?

united-states There is no general right to avoid testifying in court on any matter. There are some protections for defendants, victims, and minors, and for material that's confidential in some way (e....
Cadence's user avatar
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6 votes
Accepted

Why is the Crown Court called the Crown Court?

Because prosecutions on indictment are commenced in the name of the Crown (“R”) in respect of crimes which were historically regarded as offences against the monarch. The law relating to these crimes ...
sjy's user avatar
  • 9,296
6 votes

Recourse for biased judges presiding over trial

united-states Alice has no meaningful recourse. She has no legitimate argument to request that the judge recuse. If the judge makes a mistake of law, that can be appealed. Otherwise, she's stuck. In ...
ohwilleke's user avatar
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6 votes

In a legal proceeding, where is "fairness" defined?

The concept you are describing is called procedural fairness, natural justice or due process. It is a common law principle that applies without the need for a specific statute, but it is often ...
sjy's user avatar
  • 9,296
5 votes

Recourse for biased judges presiding over trial

new-zealand Recusal is not an option. The guidelines require the presence of "circumstances" that might possibly lead to a "reasonable apprehension" that the judge is biased. ...
Greendrake's user avatar
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5 votes

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

Because America had the right, and because the British tried to repeal it So, a slightly different tack here, I'd argue, pedantically, the main reason that America has trial by jury is because it had ...
lupe's user avatar
  • 439
4 votes

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

Many laws rely, at least in part, on the definition of "reasonableness". Even statutes which don't are often tempered by broader overreaching statutes that would allow violations of most ...
supercat's user avatar
  • 721
4 votes
Accepted

Does the doctrine of contra proferentum apply to court filings as well as contractual terms?

The Civil Procedure Rules require the claimant to sign a Statement of Truth, saying that they actually believe that the factual claims being put forward are true. It would seem that a person cannot ...
alexg's user avatar
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3 votes
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Typo in disclaimer - worst case scenario

Garbled and ambiguous? I guess it took you all of 20 seconds to work out what it meant. Why do think a court can’t do that too? Documents contain typos, that doesn’t necessarily make them ambiguous. ...
Dale M's user avatar
  • 213k
3 votes

Recourse for biased judges presiding over trial

Alice has unrealistic expectations The law does not require that Alice be given special allowances because she is not as skilled a litigant as a trained lawyer. It is not the court’s role to assist ...
Dale M's user avatar
  • 213k
3 votes

Justice delayed

Ask a lawyer to consider moving for a dismissal based on a violation of your right to a speedy trial.
bdb484's user avatar
  • 60.7k
3 votes

In a legal proceeding, where is "fairness" defined?

europe The right to a fair trial is a human right in countries which are parties to the European Convention of Human Rights. This is provided by Article 6: In the determination of his civil rights ...
JBentley's user avatar
  • 8,328
2 votes

How to accomplish a court hearing after arrest without being stuck in prison cell for more than 4 years like Assange?

canada There is a presumptive ceiling on the allowable time between charge and trial: 18 months for offences to be tried in provincial court, and 30 months for cases to be tried in the superior court (...
Jen's user avatar
  • 59.8k
2 votes

Is a Tenant Entitled to a Jury Trial in an Eviction Case?

You might find this helpful, it suggests most states do allow a jury trial. "Survey of State Laws Governing the Right to Trial by Jury in Eviction Proceedings" Full document here.
Law Office Of Alberto Muñoz's user avatar
2 votes

What does "Dispense with formal citation" mean?

Normally, when you refer to a court case in a real court, you would state not just the name of the case but also the remainder of the citation for the case, e.g., Brown v. Jones, 485 P.3d 875 (Colo. ...
ohwilleke's user avatar
  • 221k
2 votes

Why is the Crown Court called the Crown Court?

The legislative reason The Crown Court is a single, unified court, first established by the Courts Act 1971, s. 4: There shall be a Crown Court in England and Wales which shall be a superior court of ...
Jen's user avatar
  • 59.8k
2 votes

Has there ever been a court case dependent on general or special relativity or both?

You can’t prove a negative, but … Assuming that the principles of relativity mattered to the outcome of a case (which seems unlikely to start with), the theories are so well established that they will ...
Dale M's user avatar
  • 213k
2 votes

Recourse for biased judges presiding over trial

canada While no verdict has yet been handed down, but Alice has serious concerns as to the conduct of the trial and the impartiality and propriety of the judge in presiding over it, what recourse ...
Jen's user avatar
  • 59.8k
2 votes

By what principle may county courts in London be expected to follow certain past decisions?

County Court judges aren't obliged to follow the decisions made by County Court judges in prior cases with similar facts and issues. However, assuming the County Court judge's decision isn't subject ...
Lag's user avatar
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2 votes
Accepted

What is a “clerk”?

In the law of scotland, a "clerk" is usually a civil servant who helps to run the court. Advocates (barristers) also have clerks, who do administrative work for them. The main such official ...
alexg's user avatar
  • 7,000
2 votes

What is a “clerk”?

canada The role of judicial law clerks is described in Mitchell McInnes, Janet Bolton & Natalie Derzko, "Clerking at the Supreme Court of Canada" (1994)). They describe how law clerks ...
Jen's user avatar
  • 59.8k
2 votes

Do statements made under oath filed with a court give rise to a condition of estoppel?

It is not estoppel within the context of a single action, but there are practice rules on this topic. Principally, Practice Direction 16, paragraph 9.2, says: A subsequent statement of case must not ...
alexg's user avatar
  • 7,000

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