Skip to main content
15 votes
Accepted

If a witness in a trial is appearing via Zoom from another country and is found guilty of being "in contempt" how would the punishment be enforced?

A warrant for the arrest of the person on contempt charges could be issued although this probably wouldn't be a valid basis for extradition and instead would only be enforced if that person came to a ...
ohwilleke's user avatar
  • 218k
15 votes
Accepted

Am I obligated to pay a mortgage if a region is annexed?

The law applicable to immovables is the law of the situs (lex rei sitae), i.e. the law of the country where the immovable property is located. This is important because this law changed after the ...
Singulaere Entitaet's user avatar
15 votes
Accepted

Are trusts shielded from legal penalties?

the person you sued has a nice job and a beautiful home, but he put all his savings in a trust. Does that mean the law can't garnish his money, or can trusts be both discovered (I've heard that some ...
ohwilleke's user avatar
  • 218k
10 votes

Am I obligated to pay a mortgage if a region is annexed?

The outcome would come down to a case by case basis resolution. For example, the American Revolution was not held to invalidate private debts owed to British debtors (indeed, the U.S. Constitution ...
ohwilleke's user avatar
  • 218k
9 votes

How can the judicial branch enforce a judge's order against the CBP if it does not comply?

@Dale M is basically correct, but fudges a bit on the process. The court issuing the order would issue an order to show cause to a government official who is alleged by the person who sought the ...
ohwilleke's user avatar
  • 218k
8 votes
Accepted

Is everything legal for me due to psychiatric reasons?

Your beliefs about your past and your mission would probably be considered to be personal religious beliefs. As Israel does not have a state religion this does not have any legal significance (except ...
Paul Johnson's user avatar
  • 13.5k
5 votes

How to enforce GPL if the copyright holder doesn't have access to the source code of violating software?

If an infringement suit is filed, the plaintiff(s) would have rights of discovery. They could subpoena the source code in such a case for comparison. They could take the depositions of EvilCorp's ...
David Siegel's user avatar
5 votes
Accepted

What happens if a person does not pay for the sentence in a small claims court?

Nope. Say I sue you successfully, and the court delivers a judgement that awards $1000 in damages. It is not the responsibility of the small claims court to ensure that the judgement is fulfilled. ...
Zizouz212's user avatar
  • 2,548
4 votes
Accepted

Is it possible to sell a debt that has been ruled by a court

Yes, you can sell an interest in a debt; this is an alternative to paying a debt collection agency on recovery. The contract that you have with the debtor may have limitations of the transfer of ...
Dale M's user avatar
  • 211k
4 votes

Can the supreme court enforce its rulings on the executive branch?

The US courts (including the US Supreme Court) do not have an army or even a police force under their direct control, except for a few court bailiffs. Ultimately, if the executive simply defies the ...
David Siegel's user avatar
4 votes

Child support question

A judgment lien for child support would attach to your interest in the house, but not to your sister's interest in the house. Your interest in the house could still be foreclosed upon, but the ...
ohwilleke's user avatar
  • 218k
3 votes

Are trusts shielded from legal penalties?

england-and-wales Based on your description, this is a trust that was created with the sole (or primary) purpose of avoiding a creditor. As such, the trust would simply be voided by the courts and the ...
Richard's user avatar
  • 4,095
3 votes
Accepted

Enforcement of foreign court orders in the USA

Usually, but not always. In California, this is governed primarily by the Uniform Foreign-Country Money Judgments Recognition Act. California Code of Civil Procedure ยงยง 1713-1724. The general rule is ...
ohwilleke's user avatar
  • 218k
3 votes

Has punishment for precedent-setting decisions ever been recognized as retroactive enforcement of a new law?

Your premise that "the law did not exist previously" is, from the perspective of how courts work, mistaken. The law always existed, it's just that some people (maybe even judges) mistakenly ...
user6726's user avatar
  • 215k
2 votes

How can the judicial branch enforce a judge's order against the CBP if it does not comply?

The normal course of events for a person who defies a court order is that the court would issue a warrant for their arrest for contempt. This warrant would then be executed by the relevant law ...
Dale M's user avatar
  • 211k
2 votes

Legal recourse for neighborhoods facing loud vehicles?

You need is a legal basis for a (legal) complaint. OSHA regulations are set by the federal government, which gets its regulatory power via an interaction between politics, Congress, and the Commerce ...
user6726's user avatar
  • 215k
2 votes

Studying abroad - penalty clause

International agreements provide that most countries (foreign) will enforce other countries' civil judgements (domestic) unless the domestic law is repugnant to the foreign law. A U.K. court would ...
Dale M's user avatar
  • 211k
2 votes
Accepted

Can judges impute income in debt cases?

No. You can not impute income when collecting on a judgment. Imputation of income in alimony cases is done to determine the amount of the debt owed, and not with regard to the collection of an ...
ohwilleke's user avatar
  • 218k
2 votes
Accepted

I am a judgment creditor. How do I use the court to enforce my rights (without a lawyer)?

If you don't want to hire a lawyer, you can do it yourself. You need to study the rules of the court, file an appropriate motion in the relevant court (etc.), and argue your case when you get a ...
user6726's user avatar
  • 215k
2 votes

Can the supreme court enforce its rulings on the executive branch?

Does SCOTUS and the judicial branch have any way to actually enforce laws on the executive branch? Yes, although in practice, it is almost always trial courts and not the U.S. Supreme Court, that ...
ohwilleke's user avatar
  • 218k
2 votes

State tax domestication

No The full faith and credit clause of the Constitution mean that a judgement in one state is enforcable everywhere in the USA. To enforce the judgement against a foreign asset, you would have to take ...
Dale M's user avatar
  • 211k
1 vote

How can Alex Jones avoid paying the money he owes?

There are various reasons why an actual payment from a losing defendant may be delayed, including: orders to pay can be stayed (suspended) while being appealed, although the court will typically ...
Jen's user avatar
  • 57.1k
1 vote
Accepted

State tax domestication

A judgment creditor collects money from bank accounts using what is called a writ of garnishment. This is because (1) a writ of garnishment is a court order directing someone who owes a judgment ...
ohwilleke's user avatar
  • 218k
1 vote
Accepted

Enforceability of contracts that call for provisions in a will

If Alice and Bob enter into a contract that calls for Bob to put a provision in his will that benefits Alice, and Bob does not put in the provision, would the courts likely uphold the contract after ...
ohwilleke's user avatar
  • 218k
1 vote
Accepted

Do Singapore authorities have any leverage on a Canadian who is currently residing in South Africa?

Short Answer Singapore probably cannot enforce this fine against property or income that it cannot reach domestically. Long Answer Normally cross jurisdictional efforts to enforce criminal laws are ...
ohwilleke's user avatar
  • 218k
1 vote

What happens to a judgment when one of the parties dies?

In both cases, the estate takes over. If A dies, then B owes the money to A's estate. If B dies, then B's estate owes the money to A. If B's estate is empty, then the debt is retired, because a debt ...
Cicero's user avatar
  • 6,920

Only top scored, non community-wiki answers of a minimum length are eligible