90 votes

What happens if I negatively answer the court oath regarding the truth?

That will amount to refusal to testify. The judge will warn you that, for a summoned witness, a refusal to testify means contempt of court and you will be asked that question again. After a second &...
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62 votes
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Can you refuse to swear on the Bible?

In order to accommodate various objections that have arisen in recent generations, in general: You are allowed to "affirm" instead of "swear" You do not have to say "so help me God" You do not have ...
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  • 20k
44 votes

Is there any limit to the rate at which court cases can be filed?

Yes, it's actally happened. Several outfits have filed cases by the hundreds, and they were even literally photocopies. And it works rather well, until one victim stands up for what's right - and then ...
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42 votes
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Adapt the oath of truth to a reasonable version?

I think you should take "the whole truth" as simply short for "all the truth known to the witness, within the limits of the rules of evidence as applied by the judge." and take &...
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  • 97.1k
39 votes

Can you refuse to swear on the Bible?

In Torcaso v. Watkins, 367 U.S. 488 (1961), the Supreme Court held that Neither a State nor the Federal Government can... pass laws or impose requirements which aid all religions as against ...
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  • 8,292
30 votes

What happens if I negatively answer the court oath regarding the truth?

What happens if I negatively answer the court oath regarding the truth? You would be given few more opportunities to rectify, very likely with the judge pressing you to answering properly. But a ...
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30 votes

What happens if I negatively answer the court oath regarding the truth?

In England & Wales A witness who attends court but who refuses to take the oath or affirmation, or who improperly refuses to give evidence, is liable to be fined or imprisoned. In the magistrates’...
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  • 2,665
29 votes
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Why do judges use a hammer in court?

The ceremonial hammer is called a gavel and usually looks like this: Stock image used with permission (Gavels in India and in the U.S. Senate which received its gavel as a diplomatic gift from India,...
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  • 139k
29 votes
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Do countries (with rule of law) exist where a court can require the legislature to vote on a law in order to clear ambiguities?

germanycivil-law there was a way for supreme court judges to resolve ambiguities The Bundesverfassungsgericht (Federal Constitutional Court), through a Verfassungsbeschwerde (constitutional ...
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  • 4,201
26 votes

Is there any limit to the rate at which court cases can be filed?

There is no limit, per se, but intentional disruption of the courts is regarded as Vexatious Litigation and in some countries (the united-kingdom for example) the court may prohibit a person from ...
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  • 23k
23 votes
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Why was Joe Arpaio not given a jury trial?

Some of the documents are here. As document 61 of the trial, the government motion for bench trial, argues, There is no constitutional right to a jury trial for criminal contempt charges ...
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  • 165k
21 votes

Why is it unlawful for an officer of the court to inform a jury they may find as they see fit, absolutely?

The "why" is pretty simple: the duty of the court is the ensure compliance with the law and uphold the rule of law. A statement to the contrary would undermine that obligation and would ...
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21 votes
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Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

Video of that portion of the hearing can be found on the court's YouTube channel. It doesn't seem to me like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
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17 votes
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How might the legal system resolve court dates in a situation like the following?

Would a U.S court honor his request, based on his prior commitment? You are not specifying the purpose of the court hearing, or whether Adam is pro se litigant (which sounds unlikely if this ...
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17 votes

Adapt the oath of truth to a reasonable version?

It's the whole truth of your experience If I were to say "I saw John going into the store", in reality it may have been someone else, or they may have simply walked past the store (if you ...
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16 votes
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How does binding precedent work with juries in trial courts?

Can a jury render a verdict that contravenes with binding precedent? Yes, but (if it is a guilty verdict) it will be overturned on appeal. The appeal court will say that the jury's verdict was not ...
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16 votes

What happens if I negatively answer the court oath regarding the truth?

In Germany there are fairly wide-ranging reasons to legally refuse to testify; close relatives and spouses don't need to help prosecuting their loved ones and it is legally impossible to put an ...
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14 votes
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Legal tender: using commemorative coins to pay off debt

If I was sued and had to pay a debt to someone in court, could I use my commemorative coins to pay off part of the debt? Yes, in to a court. As per your quoted section from the Royal Mint's Legal ...
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13 votes
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May I contact a person who wrote an opposing affidavit?

Unless you received an order from the court prohibiting contact, it might be legal; but it's probably not the best idea. Let the lawyers handle it Attorneys have far better, more effective means of ...
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13 votes

Is there any limit to the rate at which court cases can be filed?

What if someone purposefuly tries to file a court case every minute to disrupt the court can the person be punished in India or USA? There is no official rate limit, but in the USA that person might ...
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13 votes

Adapt the oath of truth to a reasonable version?

Liability for perjury is governed by the language of the applicable perjury statute and the related case law, not by the language of the oath itself. The situation in the case of contempt of court is ...
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  • 139k
13 votes

Can the "de minimis non curat lex" rule render actions that are otherwise illegal, legal?

The maxim "de minimis non curat lex" is not so much of a rule as a guideline. It essentially says that when a court considers a matter too trivial to bother with, it can simply dismiss the ...
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  • 97.1k
11 votes

Why was Joe Arpaio not given a jury trial?

According to Baldwin v. New York (1970), "the federal right to jury trial attaches where an offense is punishable by as much as six months' imprisonment" (1). That, is a crime is considered petty ...
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  • 239
10 votes

How does binding precedent work with juries in trial courts?

Here is an article at the American Bar Association web site that helps explain the instructions to a jury. From that article: The judge will point out that his or her instructions contain the ...
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  • 5,465
10 votes

What does it mean when a court case is "dismissed"?

A case can be "dismissed" at (most) any time (however, the further along in the process a case is, the less likely a judge will allow a case to be dismissed without very good reason). A case ...
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  • 8,312
9 votes

What if I say "this statement is false" while under oath?

Your hypothetical contains a false premise. Witnesses are not allowed to make "opening remarks." Witnesses are only allowed to answer questions (while under oath) — not make remarks. Any "remarks" or ...
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9 votes
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Why can't federal courts issue advisory opinions?

Advisory opinions violate the separation-of-powers doctrine. The "case or controversy" clause helps enforce this separation. The judicial branch is responsible for resolving legal disputes by ...
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  • 730
9 votes

Why do judges use a hammer in court?

To extend what @ohwilleke said, I have a little bit more information that's hopefully useful. Gavels are a feature of U.S. courts: they don't exist in courtrooms of the UK or Commonwealth countries (...
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  • 486
9 votes
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Are editable word documents ('.docx' files) accepted in court as evidence?

Whether they are admissible as evidence is up to the trier of law The “trier of law” (judge) decides what evidence is admissible according to the rules of evidence. Documents of most kinds are not ...
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