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95 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 &...
Greendrake's user avatar
  • 27.5k
48 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 ...
bdb484's user avatar
  • 60.3k
48 votes

Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?

united-states But what is that legal reason? Why would an organization not be able to state their position with respect to the issue, such as "We believe we acted correctly, but this will be ...
ohwilleke's user avatar
  • 218k
43 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 ...
Harper - Reinstate Monica's user avatar
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 &...
David Siegel's user avatar
42 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 ...
Steve's user avatar
  • 2,605
37 votes
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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 ...
phoog's user avatar
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37 votes
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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 ...
xngtng's user avatar
  • 6,093
37 votes

Does the law make exceptions for Good Samaritans?

Depends on where you are, and what law would be broken and why. In germany, there is the concept of rechtfertigender Notstand (justifying emergency). If there is a present danger to a Rechtsgut (...
o.m.'s user avatar
  • 17.8k
36 votes

What is the legal basis for judges being able to see classified material?

united-states The simple answer is the procedures adopted under the Classified Information Procedures Act. Under Personnel Security, they say that: No person appointed by the court or designated for ...
cpast's user avatar
  • 23.9k
36 votes
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Why are there two case numbers for United States v. Trump?

Court Listener explained by email: This is unfortunately a bug we have in multi-defendant criminal cases. Sorry! See a more technical description of the problem here: https://github.com/...
Jen's user avatar
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33 votes
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Why does Double Jeopardy apply if you confess?

In the United States, prohibition against double jeopardy is a constitutional protection. As long as one was actually at jeopardy for an offence by a particular sovereign, that sovereign may not ...
Jen's user avatar
  • 57.3k
32 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’...
Richard's user avatar
  • 4,095
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,...
ohwilleke's user avatar
  • 218k
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 ...
Mark Johnson's user avatar
  • 5,630
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 ...
gnasher729's user avatar
  • 34.2k
26 votes

Does the law make exceptions for Good Samaritans?

While the question asks generally about "necessity"-type defenses, there is a need to distinguish between two separate concepts. Good Samaritan laws Good samaritan laws "offer legal ...
KFK's user avatar
  • 1,479
26 votes

Why does Double Jeopardy apply if you confess?

Just because I believe I’m guilty doesn’t mean I am All crimes contain elements, each of which must be true for someone to be guilty. Yes, I shot the victim, yes, I intended to kill him, yes, he’s now ...
Dale M's user avatar
  • 211k
25 votes
Accepted

On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded

Short of forging the judge's signature or acting with a conflict of interest, there's really not much a law clerk can do to "improperly" contribute to the judge's work. Although Trump's ...
bdb484's user avatar
  • 60.3k
24 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 ...
user6726's user avatar
  • 215k
23 votes

Can a lawyer at trial keep shouting objection in order to fillibuster?

I am guessing that the question is about the United States, since the "objection!" procedure is not the same in other places. The Supreme Court has held that even though you have the right ...
alexg's user avatar
  • 6,715
22 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 like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
Nate Eldredge's user avatar
22 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. ...
user6726's user avatar
  • 215k
22 votes
Accepted

Can a lawyer at trial keep shouting objection in order to fillibuster?

canada The Criminal Code allows a court to "cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the ...
Jen's user avatar
  • 57.3k
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 ...
ohwilleke's user avatar
  • 218k
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 ...
Jen's user avatar
  • 57.3k
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 ...
NotThatGuy's user avatar

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