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Can a NC criminal case be dismissed because a judge basically tried the case from the stand before it went to trial?
A judge can dismiss a case prior to trial if he believes there is a matter of law that prevents it from being tried. If the prosecutor has stipulated to certain facts, it may make any trial a waste of the taxpayers' money.
Can a judge dismiss a civil case?
Yes, a judge can dismiss a civil case if there is not enough evidence or if the case does not have legal merit.
Who decides a bench trial?
A "bench trial" is a trial before a judge sitting without a jury. The judge alone decides the case.
What is next step after depositions?
After depositions, the next step is typically pre-trial motions, where attorneys may file motions to dismiss the case, ask for a summary judgment, or request to exclude certain evidence. This is followed by the trial phase, where the case will be presented before a judge or jury.
When there is no contested issue of fact a judge may end a case before trial by granting a motion for?
Summary Judgement ends a case before trial.
Can a judge dismiss charges at an arraignment?
A judge declares a mistrial. A mis-trial leaves the case at the same status that it was before the trial convened. A mis-trial is not synonymous with a dismissal. The judge declared a mis-trial because he apparently caught the (alleged) mis-conduct by the prosecutor. He CAN dismiss a case if he feels that it is somwhow legally faulty or lacks sufficient legal grounds to proceed.
Can a Judge dismiss a Prose litigants case because he feels the party to be legally incapable of trying a case before a jury?
He will usually NOT dismiss the litigants case, (UNLESS he comes to the conclusion that it is a frivolous one) but the judge WILL appoint a counsel to either take over the case, or "assist" the pro se individual.
A lawsuit may be resolved before trial by the judge granting a?
motion for summary judgment, which dismisses the case if there are no genuine issues of material fact to be resolved, and one party is entitled to judgment as a matter of law.
Can an acquittal happen before trial?
It can't be acquited before trial (unless the questioner has used the wrong wording). Acquit means to find a defendant in a criminal case not guilty. The decision to exonerate the defendant may be made either by a jury or a judge after trial. It can only be dismissed before trial. A judge can decide that the facts of the case are insufficient to sustain the charge or that the facts presented by the prosecution are either faulty or are insufficient to proceed. A judge can dismiss a case in two ways - WITH prejudice - meaning the offense cannot be re-filed against the defendant, and - WITHOUT prejudice which means that the charge CAN be re-filed after it is amended.
What is a bench trial?
A "bench trial" is a case heard by a judge without a jury. In a jury case, the jury decides the facts of the case -- what is true and not true -- and the judge decides the law. In a bench trial, the judge determines the facts and the law.
When can the plantiff dismiss a case without prejudice?
The plaintiff cannot - that is a judge's prerogative. The plaintiff can REQUEST that a judge consider ruling that way, but it is up to the judge as to whether he will grant it or not.
Is this statement true or false you can only be found not guilty after a trial.?
False. A person can be found not guilty before a trial through various legal mechanisms, such as a pre-trial motion to dismiss charges or a plea bargain where the defendant pleads to lesser charges. Additionally, a judge may rule that there is insufficient evidence to proceed with a trial, resulting in a dismissal of the case.
