16 votes
Accepted

Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

No, a U.S. federal court will not issue a free-standing declaration of constitutional meaning outside of a case or controversy. This is a jurisdictional limit. By way of comparison, Canada does ...
Jen's user avatar
  • 55.3k
6 votes
Accepted

What happens if an expert witness admits he lied in a case

TL;DR: You may have chances. Consult a German lawyer fast. In German civil cases there is the possibillity of "Reopening of proceedings" (Wiederaufnahme des Verfahrens), §§ 578 ff. ZPO. It can be ...
K-HB's user avatar
  • 1,001
6 votes
Accepted

What's the purpose of large judgments against a defendant that clearly can't pay?

When the matter is final (no more appeals), the winner in the suit will request a writ of execution to collect whatever is owed. This may involve seizing a person's cash, car and so on. There are ...
user6726's user avatar
  • 215k
4 votes

What's the purpose of large judgments against a defendant that clearly can't pay?

What happens in that situation? Available assets and income that aren't exempt from creditors (O.J. Simpson's trophies come to mind) are collected and the rest isn't collected and accumulate's post-...
ohwilleke's user avatar
  • 214k
3 votes
Accepted

Motion to strike a dismissed PO

The order of operations is important I assume that plaintiff filed for a Protective Order. To get this granted, the plaintiff has to allege some kind of wrongdoing and evidence of that. If the ...
Trish's user avatar
  • 39.4k
2 votes

Why do UK Supreme Court Justices read aloud their judgments?

Usually at the beginning of the video the judge giving the leading judgment states that its for archival purposes. Historically their judgments would normally be given orally. So the fact that they ...
Shazamo Morebucks's user avatar
2 votes

Why do UK Supreme Court Justices read aloud their judgments?

Because it’s the default The law requires: Judgment A judgment may be— (a) delivered in open court; or (b) if the Court so directs, promulgated by the Registrar
Dale M's user avatar
  • 209k
2 votes

Does fraudulent conveyance only apply to bankruptcy?

Almost every jurisdiction (even asset protection havens like the Cayman Islands) has a civil statute authorizing lawsuits to recover from fraudulent conveyances outside of bankruptcy. Often the exact ...
ohwilleke's user avatar
  • 214k
2 votes

What's the purpose of large judgments against a defendant that clearly can't pay?

Were there other defendants in the trial? It sometimes happens that the immediate wrongdoer, and a corporation who manufactured whatever implement was used, are both named as defendants. As an ...
EvilSnack's user avatar
  • 629
2 votes

Why don't US courts use numbered paragraphs?

Many U.S. state courts do use numbered paragraphs, including Colorado. But the practice is fairly new and page numbers in privately published reporters was the historically established method of ...
ohwilleke's user avatar
  • 214k
2 votes

How is a US state court's jurisdiction over a case dismissed without prejudice impacted within the context of a private settlement agreement?

What would the Plaintiff’s recourse be in this case? Find and serve the defendant. What happens if the Proof of Service—indicating that the Defendant has received fourteen days notice of said ...
Dale M's user avatar
  • 209k
1 vote

Standing in court to collect based on "assignment of judgment" not filed in Court of Origin

Short Answer This seems to be a case of a sloppy debt collector trying to enforce "zombie debt", possibly against someone other than the true judgment debtor who happened to have the same ...
ohwilleke's user avatar
  • 214k
1 vote
Accepted

Do general forms of judgments require judicial names or signatures?

In summary, An order of the County Court is meant to have the judge's name and court seal, but conventionally will not include a signature. Form N24 is submitted by a party to the case, as a proposal ...
alexg's user avatar
  • 6,335
1 vote

What is the consensus on retrospective operation of judgments?

Retrospective or retroactive? These don’t mean quite the same thing. A retroactive statute is one that operates as of a time prior to its enactment. A retrospective statute is one that operates for ...
Dale M's user avatar
  • 209k
1 vote

What is the consensus on retrospective operation of judgments?

The Romans had the concept of nulla poena sine lege, no punishment without law. This has become part of many legal systems. You might read up on the Nuremberg Trials after WWII. They faced the problem ...
o.m.'s user avatar
  • 17.7k
1 vote

What happens if an expert witness admits he lied in a case

What your lawyer told you sounds about right Judgements in Germany are enforceable for 30 years so this one is still good. The time for lodging appeals is long past so you are stuck with it. In the ...
Dale M's user avatar
  • 209k

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