92
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 &...
- 23.3k
63
votes
Accepted
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 ...
- 21.1k
46
votes
Accepted
Why don't courts punish time-wasting tactics?
I haven't reviewed the filings, but I can tell you that it's perfectly routine for lawyers to describe the other side's position as "plainly without merit," with no regard for the actual ...
- 51.1k
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 ...
42
votes
Accepted
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 &...
- 112k
41
votes
Accepted
What was the original idea behind the practice of courtroom wigs?
The courtroom wig actually dates from an era centuries ago when it was common for the upper classes to shave their heads and wear wigs - a practice that arose for hygiene reasons.
That is, at the time ...
- 703
40
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 ...
- 8,526
38
votes
Accepted
What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
In several civil law systems, including in Switzerland, the involvement of a defence lawyer can be mandatory, even against the will of the accused.
If the accused does not appoint a lawyer, a duty ...
- 5,172
36
votes
Accepted
Why can courts refuse evidence?
Different exclusionary rules have different reasons.
Hearsay is frequently inadmissible because it's less reliable for the court to hear Alice saying "Bob told me that Carol hit him" than to ...
- 29.9k
31
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’...
- 3,396
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 ...
- 44.9k
29
votes
Accepted
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,...
- 166k
29
votes
Accepted
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 ...
- 4,952
27
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 ...
- 31.6k
26
votes
Why can courts refuse evidence?
You need to ask why evidence gets excluded. For example evidence that was obtained by a search without a proper warrant. That's not excluded to protect criminals, it's excluded so that law abiding ...
- 29.6k
24
votes
Accepted
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 ...
- 189k
23
votes
Accepted
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 like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
- 27k
23
votes
Accepted
Can lawyers ask judges questions?
The question should not include France and Germany, and should be limited to common law jurisdictions that are similar to India, because the function of judges differs starkly between adversarial vs. ...
- 189k
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 ...
- 166k
21
votes
What can a lawyer do if the client wants to be acquitted of everything despite serious evidence?
canada
Defence counsel needs to make clear the permissible scope of argument that they can make, consistent with the lawyer's ethical obligations to the profession and to the court.
The arguments that ...
- 18k
17
votes
Accepted
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 ...
- 44.9k
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 ...
- 367
16
votes
Accepted
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 ...
- 4,236
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 ...
- 3,614
16
votes
Are opening and closing statements part of the record?
Yes. Opening statements and closing arguments are part of the record, but they are not evidence on the merits of the case.
Courts often cite them in their rulings on various issues, especially because ...
- 51.1k
14
votes
Accepted
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 ...
- 31.6k
13
votes
Accepted
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 ...
- 9,668
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 ...
- 44.9k
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 ...
- 166k
Only top scored, non community-wiki answers of a minimum length are eligible