30
votes
Accepted
What is a "Night Court"?
A "night court" is simply a court that operates outside the ordinary business hours for the convenience of people who have work during those hours. They aren't common and are mostly found in ...
28
votes
Accepted
When did criminal discovery rules substantially form?
When did the discovery/disclosure rules as we know them today
substantially form?
In the United States, the constitutional right to criminal discovery was established in Brady v. Maryland, 373 U.S. ...
27
votes
Accepted
Can a private person deceive a defendant to obtain evidence?
england-and-wales
Admission of the confession is at the discretion of the court
PACE s78 gives the court the discretion to decide on the admissibility of confessions obtained if it appears to the ...
26
votes
Can a private person deceive a defendant to obtain evidence?
united-states
The confession is inadmissible, as it is protected by attorney-client privilege. Although Nirmal was in fact not an attorney at all, the conversation would have been privileged if the ...
25
votes
What is a "Night Court"?
Night Court is set in Manhattan. The Arraignments part of Manhattan's Criminal Court (but not the Desk Appearance Tickets section) is open 7 nights per week until 1:00 AM.
The NYC Criminal Court ...
23
votes
What would you be charged with for covering up a rightful death?
Probably murder.
Because "victim 2 was then shot by this man in self defense" hasn't been determined by a neutral third party investigation or jury - it is just his own rationale for ...
21
votes
What is the minimum sentence for murder in Japan?
Article 199 of the Penal Code, as it appears from changes up to 2017, says:
人を殺した者は、死刑又は無期若しくは五年以上の懲役に処する。A person who kills another person is punished by the death penalty or imprisonment for life ...
20
votes
Accepted
In Ratatouille, did Linguini have a legally legitimate reason to fire Skinner?
It's been a while since I've seen the film (and what I remember of it is the ending), but if I recall, Skinner was conspiring to conceal evidence that the restaurant was legally Linguini's so that ...
15
votes
Does withholding non-medical information affect medical consent?
The primary question is whether remaining silent would constitute a breech of medical ethics. The pertinent ethical principle is AMA Opinion 2.15 One of the requirements is that the donor be assigned ...
15
votes
What would you be charged with for covering up a rightful death?
sweden An Offence against the peace of the grave
Gravfridsbrott
Brottsbalken 16 kap. 10 §
A person who, without authorisation, moves, damages or treats with disrespect the corpse or ashes of a ...
11
votes
What offences are made out by John Kramer's acts, if proved?
new-south-wales but all jurisdictions will have similar offenses.
Murder
Or attempted murder - we can take the attempt as given from now on.
Murder shall be taken to have been committed where the act ...
10
votes
Accepted
Can a judge vacate a conviction and then reinstate it?
Courts have inherent jurisdiction to reconsider/recall their own decisions. This rarely happens (especially if the decision has already been "sealed" i.e. issued in writing) but still ...
9
votes
What would the punishment be for an accidental killing, provoked by threats of sharing a video of the attacker naked?
Natural law does not prescribe particular punishments, that only comes from statutory law. Under Indian law, this would seem to be a violation of IPC 304a, "causing death by negligence". ...
9
votes
What would you be charged with for covering up a rightful death?
westvirginia
The person may face felony charges leading up to 1-5 years in jail and a fine for each count. Even if the self-defense argument prevails and no other charges are pressed against them, ...
9
votes
What would you be charged with for covering up a rightful death?
Charged?
new-south-wales
Crimes Act 1900
Murder or manslaughter s18
An assertion of self-defence would not necessarily be agreed with by the prosecutor. Especially in circumstances where it seems the ...
6
votes
Were any crimes committed in The Duck Song?
Ducks are ducks, not people.
It might surprise you, but even a hypothetical duck that could talk is a type of bird and is considered a waterfowl and wild game but not a person or human. As such, you ...
6
votes
In Ratatouille, did Linguini have a legally legitimate reason to fire Skinner?
Ratatouille is set in France, so I'll defer to others on application of French law.
But in the united-states, the general rule is that an employer may terminate any employee, for any reason or for no ...
6
votes
What is a "Night Court"?
When I was a lad, The Chief Magistrate presided over Court One, and on a Monday morning would hear the summary cases for all the people picked up by the police over the weekend. And he did deliver ...
5
votes
Accepted
"Most junior counsel present"
The reference to "most junior counsel present" does literally mean the most recently qualified barrister who happens to be in the court. That is confirmed by Polter's response: "I was ...
5
votes
In Ratatouille, did Linguini have a legally legitimate reason to fire Skinner?
If we accept the terms of the inheritance as legal, and if we accept that Skinner and Linguini are both designated as heir in the inheritance, Skinner knowing that Linguini is entitled to the ...
5
votes
At what point does a DUI begin?
canada
Assuming impairment or a blood-alcohol level above the prohibited amount can be proved, the complete offence is made out at least as soon as the accused occupies the driver's seat.
This is ...
4
votes
Were any crimes committed in The Duck Song?
The song question is a variation of a joke with the punchline being about the proprietor's inability to follow through on the threat made and the duck calling the bluff. In the U.S., generally when ...
4
votes
Accepted
Would funding the Sentinel Program violate the equal Protection clause?
In the comic timeline (seen in Uncanny X-Men #141, Jan 1981), as mainly narrated by Kitty Pryde,
In 1984, "a rabidly anti-mutant candidate was elected President", and "within a year&...
3
votes
Under what conditions could a police force enlist the help of a minor?
There are various ways in which a minor cannot assist a police investigation, and it might be useful to say in what ways any civilian could do so (TV shows notwithstanding). A civilian cannot conduct ...
3
votes
Accepted
Is there a line that excludes preaching religious murders from first amendment protection?
As edited, this asks two different questions:
Is it legal to have a religious belief that killing mutants is a moral necessity?
Is it legal to preach a religious belief that killing mutants is a ...
3
votes
What would the punishment be for an accidental killing, provoked by threats of sharing a video of the attacker naked?
Suppose a boy made an MMS video of a girl taking bath and then asked her of sexual favours with a threat to circulate the video otherwise
This is Voyeruism IPC 254c, and Sexual Harrasment IPC 354A.
...
3
votes
Would funding the Sentinel Program violate the equal Protection clause?
Does the funding count as government action, making the program an
action or law that violates the equal protection clause of the 14th
amendment?
Without really thinking it through in great depth, ...
3
votes
Accepted
On the legality of booby traps in a far future united states
canada
It would be prima facie setting a trap or causing bodily harm with a trap
The act of deploying Material X would be the offence of setting a trap likely to cause bodily harm. If Material X is ...
2
votes
Legality if breaking in for medical reasons?
They get a $550 fine
new-south-wales
Entering a building without permission is an offence under s4 if the Inclosed Lands Protection Act 1901
In addition, they would face discipline from the Medical ...
Only top scored, non community-wiki answers of a minimum length are eligible
Related Tags
law-in-fiction × 72united-states × 30
criminal-law × 16
murder × 7
hypothetical × 5
united-kingdom × 4
england-and-wales × 4
new-york-state × 4
property × 3
discrimination × 3
medical × 3
legal-history × 3
children × 3
inheritance × 3
rules-of-evidence × 3
sentencing × 3
california × 2
texas × 2
common-law × 2
us-supreme-court × 2
france × 2
trial × 2
self-defense × 2
criminal-procedure × 2
new-jersey × 2