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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 do you call the party who appeals the decision of a court?
The party who appeals a decision is called the appellant. The opposing party or respondent in a decision who didn't appeal is called the appellee.
What does Mandate mean in a court of law?
Mandate could mean the following: An order from an appellate court directing a lower court to take a specified action - OR - A judicial command directed to an officer of the court to enforce a court order, judgment sentence or decree.
The word mandate also has several other dictionary-type meanings.
What do you need to do if you have sole custody and want to move out of state?
If you have sole legal and physical custody then you inform the other parent that you are moving and make whatever arrangements are necessary.
If custody is still an issue and the other parent does not agree with the move, you may need to petition the court in a custody hearing.
Added: The question fails to disclose if the non-custodial parent has visitation rights. If the other parent has rights of visitation, you may not deprive that parent of their right to see the child by imposing unusual, harsh, or onerous travel requirements to deprive that parent of their right to see the child.
Then there is also the possibility that the court will not allow the the child to be removed from the jurisdiction of the court.
Of course, if the non-custodial parent states that they are okay with the move, the entire problem may be moot.
What does Penal code 11378 HS mean?
By the look of it, it's in relation to the sale of class A drugs in California: "every person who possesses for sale any controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f), except
paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of
paragraph (2) of subdivision (f), of Section 11055, shall be punished
by imprisonment in the state prison." http://law.onecle.com/california/health/11378.html There are alot of documents relating to this section: http://law.onecle.com/california/penal/1203.07.html
http://www.stopdrugs.org/cc1170.html
http://californiaccw.org/files/penalcode-12020-12040.html
Do you have to sign for a subpoena?
In California, attorney are authorized to issue subpoenas to in-state witnesses. However, in order to obtain a subpoena of a witness who is out-of-state, the person seeking the subpoena must get an order signed by the judge.
Can you be sued for reneging on a notarized agreement?
It depends entirely on what the contents of the Notarized agreement were and if it was signed by both parties. If it was worded in the form of a contractural agreement or obligated one party to perform, or do, something for the other party, yes, it could very well be the basis for a civil lawsuit. Notary Public's are NOT legal officers in the normally thought of way (e.g.- they cannot marry people, or perform lawyerly functions), but they ARE certified by the state to witness such things as the the validity of signatures, etc. The fact that the document was notarized would only lend strength to the party wishing to bring suit.
How do you file a court order?
You don't.
A court order is a directive by a judge. You would file a motion or petition seeking a court order.
What is the document called that the supreme court receives when it accepts a case?
Answer
Case files and briefs.
Contrary to popular belief, the Supreme Court does not receive a Writ of Certiorari when it accepts a case; the court issues a Writ of Certiorari, which is an order to the lower courts to send case records to the US Supreme Court for review.
Explanation
A formal request for review by the US Supreme Court is called a petition for a writ of certiorari. If the Supreme Court agrees to hear the case, they grant certiorariand issue a writ of certiorari to the lower court.
A writ of certiorari is an order from a higher appellate court to a lower court demanding a certified record of a particular case so the higher court (in this case, the US Supreme Court) can review the lower court's decision.
When the lower court receives the writ, they send the case files to the Court. Meanwhile, the attorneys for both parties submit briefs, documents that present the points and arguments for each side of the case.
- The Supreme Court receives a petition for a writ of certiorari from one party to the case.
- The Supreme Court decides whether to hear the case: if they agree, they grant certiorari; if they refuse, they deny certiorari.
- If the Supreme Court grants certiorari, it sends a writ of certiorari to the lower court.
- The Supreme Court receives case files from the lower court.
- The Supreme Court receives briefs from the parties to the case.
- The Supreme Court may receive other documents, such as amicus briefs, etc.
In a trial court who ususally hands down the verdict or decision?
It varies in different jurisdictions. In some states, the jury foreperson reads the verdict, in others the court clerk reads the verdict, and in still others, the judge reads the verdict.
What is the punishment for a fourth degree felony?
The degree of a crime is relative to the crime itself and does not determine whether or not it is a felony. I.e. murder in the second degree is a class A felony and reckless burning in the second degree is a gross misdemeanor.
Murder, Robbery, Rape, Assault, Burglary, Financial Fraud, Computer Trespass, Poss. of drugs with intent to distribute, Agg. Stalking, Terroristic Threats and Acts, Poss. of a Weapon on School Campus.
Murder, robbery, rape assault etc
Can you go to court and retract your statement?
WHAT KIND OF statement do you wish to retract? If it was a written witness statement given to law enforcement - you can still be compelled to appear and testify as to why you originally gave it, and why you are now withdrawing it. If you gave a verbal statement from the stand and were (presumably) under oath, you will be subject to intense cross-examination as to your reasons for doing so.
Do the grandparents have visitation in state of oh?
Grandparents had no legal right of access to their grandchild, and parents had complete authority to grant or deny the privilege of visitation. Ohio has authorized grandparent companionship or visitation rights by statute in three circumstances:
(1) when married parents terminate their marriage or separate,
(2) when a parent of a child is deceased, and
(3) when the child is born to an unmarried woman. In such cases, a court may order reasonable isitation if it is in the best interest of the child.
Who created the sixth amendment?
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trail, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witness in his favor, and to have the Assistance of Councel for his defence." Amendment VI (the Sixth Amendment) of the United States Constitution sets forth rights related to criminal prosecutions in federal courts. The Supreme Court has ruled that the principal rights guaranteed by this amendment are so fundamental and important that they are also protected in state proceedings by the Fourteenth Amendment's Due Process Clause.
The courts of appeals hear cases that have been appealed from what?
Twelve of the thirteen US Courts of Appeal Circuit Courts have territorial jurisdiction over appeals of general criminal and civil cases original tried in US District Courts.
The US Court of Appeals for the Federal Circuit has nationwide subject matter jurisdiction over cases originally heard in special courts, such as the US Court of Federal Claims, the US Court of International Trade, the Court of Veterans' Claims, and cases involving patent disputes, decisions made by government boards and departments, and other entities.
Does each state have its own federal court?
Yes, each state has at least one US District Court and one US Bankruptcy Court.
District Courts are divided into 94 federal judicial districts, each with its own district court. These are the courts where cases are tried. Every state has at least one District Court.
Is there double jeopardy in civil court?
Double Jeopardy is a question of criminal law. You cannot bring criminal suit twice for the same claim or action based on the same set of facts. The issue you are referring to in a civil suit is called res judicata. This says that once a claim has been adjudicated it cannot be brought again for the same action. So if the case is brought in another state, then the claim has been adjudicated on "the same set of facts". Therefore it cannot be brought. Issues of subject-matter and personal jurisdiction and venue, are all considered before any case is adjudicated because they won't be able to bring that case again in a trial court based on the same set of facts, i.e. the same claim.
What are the pleas a defendant can make?
Guilty - Not Guilty - Nolo Contendre. The last being Latin meaning; I don't plead Guilty but I acknowledge that there is probably sufficient evidence to convict me. In juvenile courts the pleas can be 'Involved'" and 'Not Involved.'" Same as guilty and not guilty but it sounds nicer.
What does information mean in criminal court?
It is court legal 'jargon' that can have several meanings. An "information" can refer to the indictment that was handed down - or the formal charge of prosecutor, or it can mean the entire supporting documentation of the case. Court and legal 'jargon' is not uniform and varies greatly from place-to-place around the country according to local usage.
What does motion to amend mean?
You are asking the court to amend your response to the original complaint brought against you.
What happens if you bail someone out of Jail and they are later found guilty?
The bond money is only to ensure that the accused shows up for court. As long as the accused attends all their court appearances, it makes no difference whether they are found guilty or not, the person putting up the bond will have it returned to them. If the services of a bail bondsman are used, the only cost will be the fee for using their services (usually somewhere around 10% of the bail amount). However - if the defendant fails to make a court appearance the bond money is forfeited to the court.
Bail is a fee that is paid to the courts to ensure that a person charged with a crime will return to be tried. If the accused does not return for trial, the bail money is forfeited. If the person returns for trial, the bail money is returned. So, it is in the interest of the one paying bail to ensure that the accused returns.
That is where bail bonding companies come in. For a fractional amount of the bail, they will pay your bail up front. If you return for trial, all is well (they get their money back and keep your fee). If you don't, they send a bounty hunter to find you and collect the entire amount of the bail (and turn you over to the authorities for skipping bail). But a guilty finding has no effect on the bail payer. Otherwise, bail bonding companies would all go out of business very quickly.
The same is true when an individual pays bail. If you pay someone else's bail and they are later found guilty of the crime, that has no effect on the bail payer. If the person returned for trial, the bail money would have been returned to you. If you pay their bail and they skip, you lose the bail money and will have to find the person to get it from them. If they are ultimately found and tried and found guilty, they will be sentenced for their crime (jail, fine, etc.). But the person who posts bail is not affected by the verdict in the criminal case. Paying bail for an ultimately guilty person is not a crime.
What if the defendant does not attend a Pretrial Conference?
Practically speaking, nothing will happen, except the court might sanction the missing attorney with an order to pay the other attorney for his time spent unnecessarily coming to court and wasting his time. Since the pre-trial conference usually does nothing of a substantive nature regarding the claims of the parties, the court will most like neither dismiss the complaint nor suppress the answer, but will simply reschedule the pre-trial conference.
People go to court for one of three main reasons:
- In a criminal proceeding because they are accused of some crime
- In a civil proceeding because they are accused of some civil violation (violation of contract, negligent or intentional damage to property or character, etc.)
- Or they maybe forced to appear as a witness.
Can illegally obtained evidence be used in a trial?
Hmmm....this looks exactly like the question posted for homework by my professor. Looks like somebody needs to think on their own and do their own homework. Just look up exclusionary rule. Also, this is an opinion question, so there really is no way to get an incorrect answer unless you can not support your theory.
Who is in charge of the court?
The Chief Justice of the Supreme Court of the United States is in charge of the court. As of August 2014, the Chief Justice was John Roberts who was appointed by George W. Bush.
