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Court Procedure
Court procedure is a term that refers to a set of rules that govern how a case may begin, how it would proceed, the types of statements allowed, the timing and conduct of trials, and the process for judgment.
3,025 Questions
What is the statute of limitations to probate a will in New Jersey?
There is no statute of limitations to probate a will in New Jersey. However, if a newer will is discovered after the probate of an earlier dated will or after grant of letters of administration in absence of a will, probate of the new will could be denied if distribution of assets has already occurred and it is impossible to recover them.
What is the purpose of cross-examination?
In our legal system, cross-examination of witness testimony is designed to contradict the viewpoint of the opposing counsel. For example, if direct examination of a witness in a murder trial had a question that asked "Did you see the defendant at the crime scene?", defense counsel on cross-examination might ask questions about the witness' eyesight if he/she wears thick glasses or has other vision problems to cast doubt in the jury/judge's mind whether or not the witness did in fact see the defendant.
In criminal cases in a jury trial, or even a trial in front of a judge only, all questions on cross are designed specifically to cast "reasonable doubt" on the prosecution's case. Civil cases are different in that all that is needed is a preponderance of evidence to show guilt.
What does OBS stand for in criminal charge?
It means that the code the officer used to enter the charge was OBSolete. The charge is still in affect, but the officer just put in the wrong code. The *OBS* is supposed to deter anyone from using it, but as often as I see *OBS* on clients' records, I don't think it does. Hope this answer does, though.
What is the average jail sentence for robbery?
The punishment for robbery depends on both the severity of the offense and in which state the offense took place. If convicted of this crime, most people will face a prison sentence, and in some states a fine as well. Robbery is a felony offence.
When can a judge order a new trial?
in civil court, the court may, on motion, grant a new trial on all or some of the issues after a jury trial or nonjury trial for any reason for which a new trial has heretofore been granted in an action at law in federal court.
generally, that occurs when there has been an error in the procedure in the trial, or after an incorrect verdict.
What is dismissal without leave by DA mean?
Not totally familiar with that exact terminology, but it sounds like you're referring to a Nolle Prosequi.
What if both parties fail to show for a civil hearing?
Ordinarily, the case will be dismissed.
The onus is upon the Plaintiff to move the case along and meet a burden of proof. If he/she/it does not appear, that cannot be done. Likewise, if the Defendant does not appear, no defense to the action can be asserted. Therefore, the case will be dismissed.
What does 'remanded to the high court' mean?
To remand means to hand back to the care of a court or jurisdiction. So to remand to a high court means just that: to hand a case back to the high court.
Who is the defendant in a court case?
the defendant is the person who is found guilty or not guilty of the crime commited.
Is it illegal to tape a person's conversation if they didn't give consent to be recorded in Texas?
According to the Texas Penal Code
"So long as a wire, oral, or electronic communication---including the radio portion of any cordless telephone call---is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02."
Either party can tape an electronic conversation without the other party's consent.
"Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Texas Code Crim. Pro. Art. 18.20."
Anyone can tape a non electronic communication as long as there is not a reasonable expectation that the communication is private.
If the Supreme Court decides not to hear a case what then becomes the final decision in that case?
The decision of the previous appeals court that heard the case is the final decision should the Supreme Court refuse to hear the case.
Serving on a jury if required is a responsibility of Australian citizenship true or false?
Yes, serving on a jury is a responsibility of Australian citizenship. In addition, this question appears on the Australian citizenship test.
What means Court of final appeal?
"court of final appeal" is a generic term that refers to the highest court whcih has jurisdiction of a particular matter. In criminal law and some civil law, this could be the US Supreme Court, or a State Supreme Court depending on the matter at hand. In most persoanl Civil cases this could be a state Superior Court, or a State Court. I am in Georgia, and for instance a small claims civil suit (under 14,000.00) may be filed in Magistrate Court, and is not appealable. Therefore it is the Court of Final Appeal in regard to a civil small claims case. The specific definition depends on the context of the term.
In court dockets what does ORI mean?
An ORI, or Originating Agency Identifier, basically identifies the agency that has originated a request. For a civil applicant, it's the agency that has told you that you must undergo a fingerprint-based background check.
Who is the guilty person in court called?
The accused person (who might be guilty) is called the defendant.
The victim is represented by the state via the prosecutor (who is rarely the district attorney), though the victim may appear as a witness.
A person suing in civil court is called a plaintiff.
What does the legal pharse mean friend of the court?
"amicus curiae" is a term from New Latin, meaning "friend of the court,"* and usually refers to an attorney not directly involved in the case either personally or professionally, and supposedly neither for the plaintiff nor for the defendant. However, this attorney usually represents someone or some group with an interest in the outcome, as when both pro choice and pro life groups hire attorneys to file briefs with the judge expounding on their point of view in a case of an individual suing a clinic, an insurance company, or a governmental agency regarding a particular instance involving abortion .
The plural term is "amici curiae,"* when several attorneys enter the case in such a manner. They are often invited by the court, or apply to the court (the judge trying the case, really) for permission to do so.
*Since "curiae" is itself the plural of "curia," Latin for "court," these phrases literally mean friend or friends of the courts; while "friend of the court" would literally be translated as "amicus curia," but virtually no judge or attorney cares enough about Latin grammar anymore to bother with this fine distinction.
How do you do quash a warrant for missing court?
Last time I quashed a warrant, I had to go to the circuit clerk. There, they took my information and I was assigned a new court date for the following week.
Where as I appreciate going in and talking to the clerk, it is easier and less worrisome to just call in and set the date. Which in my case was a week later.
Who decides who wins court cases?
No. He does not decide who wins cases. Under the constitution the judiciary is a separate branch of government. He can change the makeup of the court by appointing judges that agree with his views. By doing the federal court and Supreme Court decisions will influence the cases that they hear.
Can a small claims court judgment be discharged in a chapter 7 bankruptcy?
Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.
Do you have to swear in court?
If you wish to, or are required to give testimony, yes, you will be sworn to tell the truth. If you can demonstrate you cannot morally swear, there is a mechanism called 'affirmation', but it is extremely rare.
What happens if your name is misspelled in a court case?
If you are able to be identified from all the the other information supplied in the documents, yes, you can be. An error such as this is known as a "scrivener's error" and is actually not uncommon.
What is the difference between a binding precedent and a persuasive precedent?
A binding precedent is precedent that a court MUST follow (it is law). All prior judicial decisions in a specific court's jurisdiction heard at that court's level or higher are considered to be binding precedent.
In contrast, persuasive precedent is precedent that a court need not follow (it is NOT law, but, as the name suggests, may be persuasive because it suggests a line of reasoning). All prior judicial decisions OUTSIDE of that court's jurisdiction or from a LOWER court are considered to be persuasive only.
What is a motion for relief from the automatic stay?
Automatic Stay is the thing that is automatically done when you file bankruptcy. It protects the assets of the bankruptcy estate.
It prevents collection attempts.
It stops foreclosure / evictions.
A motion for relief from automatic stay is filed by a creditor when they want to foreclose, continue foreclosure, eviction, reposession, etc.
Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.
How old do you have to be a judge in the US?
There are no official constitutional or legal qualifications required of federal judges, but Congress and the President follow their own informal guidelines. Generally, federal judges are first appointed during middle age, after they've gained experience practicing as lawyers or presiding over state or other types of courts.
The US government estimates the typical age of first appointment to the federal bench is 49 years.
