New answers tagged court
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When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides (NJ)?
The court is likely to refer it to the arbitrator to decide
australia
Australia's laws follow the model UN codes as do most jurisdictions so this should be pretty universal.
There are two basic ...
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2
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Why is it really bad to publicly talk about a case you are involved in on social media?
In the U.S., Rule of Professional Conduct 3.6 governs trial publicity, and while it is directly applicable only to lawyers, lawyers can't try to circumvent it through others and if others take actions ...
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5
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Why is it really bad to publicly talk about a case you are involved in on social media?
It's a bit like talking to the police: anything you say might be used against you, so the conventional wisdom is to say nothing. It is a good rule of thumb. When you are paying a professional to ...
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16
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At What Point Does a Supreme Court Ruling Become Binding on Lower Courts?
The Supreme Court's order is not official and binding until it is "delivered in open Court." See uscourts.gov, "Supreme Court Procedures."
Until that point in time, the Court has ...
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0
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Do any judicial bodies in England have inquisitorial powers?
Judicial bodies are typically not inquisitorial
That said, under the doctrine of Parliamentary Sovereignty in the UK, they can make special purpose courts that are inquisitorial - the Coroner’s Court ...
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2
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Why does the high court of chivalry follow “civil law,” and what does this mean?
Because it missed the memo
The High Court of Chivalry (HCC) was established about 1350 specifically to deal with cases that fell outside of common law. At the time, England had several legal ...
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0
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Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
florida
For a few years, I was an unwilling landlord for a property down in Florida, which I contracted with a property manager to handle on my behalf.
As part of that arrangement, they drafted the ...
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6
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How do lower level (county or magistrates) courts in the City of London differ in their jurisdictions from those in the surrounding boroughs?
There is currently no difference, but there have been substantial differences in the past.
Since the Courts Act 1971 (specifically s.42), the City of London has had its own county court that is on the ...
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4
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If one is tried+convicted of a crime at a certain time, can one be tried+convicted of another crime that happened at the same time? [Yakuza Series]
Bob will be convicted if he is found guilty beyond reasonable doubt.
Now it is a logical fact that he cannot be guilty of both crimes, but it is entirely possible that his first conviction was ...
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0
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If one is tried+convicted of a crime at a certain time, can one be tried+convicted of another crime that happened at the same time? [Yakuza Series]
canada
The second charge/conviction would not be precluded, but the evidence that comes out could help the accused establish that the first was a wrongful conviction.
One could apply for review as a ...
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1
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Is a Tenant Entitled to a Jury Trial in an Eviction Case?
Usually there is not a right to a jury trial in a possession hearing. This is in part because the possession hearing is preliminary, with a hearing that addresses matters such as damages in a final ...
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1
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Can two people be tried together?
There is another situation where a joint trial is relevant (I'm sorry I don't have a reference to this case: I encountered it years ago in a book by a retired Australian judge).
Defendants A, B, and C ...
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0
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Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
england-and-wales
Landlord commits an indictable criminal offence under protection from eviction act 1977 s1, liable on conviction to two years imprisonment and unlimited, usually quite substantial ...
- 4,274
3
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Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
british-columbia
All of this is from the Residential Tenancy Act and related decisions from the Residential Tenancy Branch (a delegate of the director).
A tenant is entitled to exclusive possession ...
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3
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If a witness asks for their lawyer during a trial, how is it handled?
Your question doesn't fully investigate Walter's role in the outcome. This is important because US courts play the role of arbiters between parties with specific interests, unlike inquisitorial ...
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11
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Can two people be tried together?
In the U.S., one trial can be held for multiple co-defendants, though prosecutors and defense attorneys will have reasons for seeking separate trials (If only to avoid having a scene similar to the on ...
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10
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Can two people be tried together?
canada
"Ordinarily, persons alleged to be involved in a common enterprise should be jointly tried." R. v. Anderson-Wilson, 2010 ONSC 489 at para 65.
There are strong policy reasons for this ...
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14
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If a witness asks for their lawyer during a trial, how is it handled?
Generally speaking, witnesses are not legally represented at trial, unless they are also parties. While a witness may choose to seek legal advice about a request or order they have received to give ...
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2
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Accepted
How are courts' official case law archives distributed and stored?
How are courts' official case law archives distributed and stored?
Staring around the late 18th or early 19th century, until sometime in the second half of the 20th century, private commercial ...
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6
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Are underage people allowed to defend themselves in court?
Not only can children represent themselves, in the US, thousands have had to represent themselves in deportation trials without the option to have a lawyer. https://www.hrw.org/news/2016/03/14/us-...
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16
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Are underage people allowed to defend themselves in court?
united-states
The Supreme Court has affirmed the constitutional right to self-representation in Faretta v California, but in Godinez v. Moran, the court injected the logically prior question of ...
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11
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Are underage people allowed to defend themselves in court?
canada
Generally, yes: an accused young person (a person twelve years old or older, but less than eighteen years old) who is fit to stand trial has the right to represent themself.
While an accused ...
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9
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Are underage people allowed to defend themselves in court?
Most certainly impossible in germany
yet commits a severe criminal act that's worthy of going to trial
This implies that the case is held in front of the Jugendstrafgerichtskammer. Because it is a ...
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14
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Are underage people allowed to defend themselves in court?
england-and-wales
Assuming Bob is above the age of criminal responsibility, it appears that he could not act as a Litigant in Person (know as pro se is the USA).
Although there is no statutory bar to ...
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3
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Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?
Counsel do not give evidence
As such, they are not subject to the rules of evidence including cross-examination.
When they argue to law they are making submissions, not giving evidence. In general, a ...
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5
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Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?
In the united-states, attorneys are almost never placed under oath. Their statements -- whether they are assertions of fact or legal arguments -- are not evidence, and they are not subject to cross ...
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3
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Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?
Only witnesses are cross-examined. See various rules of procedure: e.g. Ontario, British Columbia.
The procedure for responding to counsel submissions of their legal arguments is to make submissions ...
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3
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What rule governs when county court decisions result or don’t result in written statements of reasons?
united-states
In U.S. practice in almost all jurisdictions, court orders must be memorialized in a signed or electronically signed writing transmitted to the parties and/or counsel. But, this can be a ...
- 166k
2
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Why do we have a written and reasoned judgment of Bower v Brewdog?
There's nothing special, per se, about County Court cases being published. It's the content that matters, not the venue.
Bower v Brewdog has attracted some heightened media attention and public ...
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2
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What is "the Court"?
It is the court of law processing the particular legal proceeding in which the reference is made.
Typically it is unequivocal which particular court (both the level and the geo location) is talked ...
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6
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Can the prosecution fight for the defendent's innocence?
He cannot enter a Guilty Plea until he has been charged with a crime.
He would only be charged with a crime if the Prosecution believes they have enough evidence for a conviction.
If they believe &...
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4
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Can the prosecution fight for the defendent's innocence?
canada
There would be no need. The prosecution has complete discretion to stay (abandon) a prosecution or even decline to embark on one in the first place.
And in the case of a private prosecution, ...
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2
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Accepted
What is the effect of FTT judges also “being” county court judges by virtue of s5(2)(t) CCA1984?
Flexibility.
When the Crime and Courts Act 2013 ammended the 1984 Act to replace the various district County Courts with the singular County Court, section 5 was also ammended to establish who can sit ...
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