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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 hand do you use to swear on the bible in court?
Traditionally, it was your right hand for cultural reasons. I do not believe that Bibles are used for this purpose any more. I personally appeared as a witness twice (in NY) and both times I was asked to swear to tell the truth. No Bible was presented and I was not asked to raise my hand.
Is a government court sentencing someone to death legitimate of illegitimate?
Execution, or capital punishment, as a form of punishment for a person who was convicted by a legitimate court has been used by most societies. Most countries have abolished it some have not. Some states in the United States have abolished it and some have not. Capital punishment is considered a controversial issue. In countries where human rights are not adhered to and all the citizens do not have equal rights under the law or execution is used for political purposes then it may be considered an illegitimate use of power.
What are the pro's and con's of an adversarial system?
Well to begin with the adversarial system relies heavily on the impartiality or fairness of the judge. In any case he will have a certain amount of bias which may affect his ruling. Secondly too often the case isn't decided by who's innocent or guilty, but by how good the lawyers representing the clients are. Justice isn't the focus because each lawyer just wants to win the case. On top of this, relevant evidence may be excluded because of the rules of evidence and it's a very lengthy
How do you apply to be emancipated?
The steps for being emancipated are actually quite difficult. You have to set up a court date with a judge. When you go to court you will have to be able to prove that you are fully capable of caring for yourself with no assisstance. But that doesn't always mean you have to live by yourself. Also when you go before the judge you will have to be able to show evidence that you would be better off without your parents. This is a difficult step. Judges will however look favorably upon people who do have jobs and their own means of transportation.
How to prove a mother is lying during a court hearing?
If you have a statement signed by her, or better still a tape recorded or video taped statement by her, which contradicts what she is saying during the hearing, that would be very strong evidence that she is lying. Other than that, there are many ways to demonstrate that what she is saying is not true, based upon witnesses, expert testimony, public records, etc., but this really depends upon what specifically she is saying that you would like to prove to be a lie.
What happens after a pre trial conference?
I am not quilty of the charges against me for assault, should I accept community service at pretrial conference?
What appeals to you about this role?
When asked what appeals an individual about a potential employment position within a company, one should state what about the position got their attention in order for them to apply. One may include facts about both the company itself and the position.
Who can be found in contempt of a court order?
The only one who can file a contempt motion is either the Defendant or Plaintiff.
Motion for Contempt is filed when the conditions of a court order have NOT been met and it is a request for immediate (as immediate as you can get through the courts) resolution.
Pakistan
No. It is not the decision of the plaintiff nor the defendant to make such a request.
Judges who believe there could be a conflict of interest will generally take the action upon themselves, as the majority of judges are elected officials and do not want to have cases appealed on such grounds.
United States
Yes. If a party in a case believes the judge should be disqualified, the party may then ask the judge to step down, giving reasons for the request.
What does motion to open judgment denied after hearing mean?
It means that someone (probably the losing party) petitioned the court to have the case re-opened and the original judgment re-considered. A hearing on the matter was conducted by the judge - and after hearing arguments for and against, the motion was DENIED.
How long do you go to jail for robbery?
I takes about 5 minutes from the first time you aim a weapon at someone
What are your rights as a American citizen?
in any democracy a citizen is entitled to 4 natural and inalienable rights which are 1.freedom of speech 2.freedom of opinion 3.right to life 4.equality before law
Added; Your rights are all enumerated for you to examine in the US Constitution.
How much do jurors get paid in Australia?
OMG! I typed this question in on Google and thought it would give me an answer but looks like you need the answer too. Sorry i couldn't answer you question =(
Answer number 2:
It all depends on whattype of lawyer you are, where you live in Australia and how much experience you have.
What rights do you have as an American citizen?
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More directly, the rights described and listed in the Declaration of Independence and the Bill of Rights are known as "natural rights." These rights are given to us by our Creator and thus beyond the authority of any government to bestow or revoke. It follows, then, that they are not the rights of American citizens exclusively; rather, they are given to every human being, everywhere.
They include the rights to Life, Liberty, and the pursuit of Happiness;* the right to form a government that safeguards those blessings and that derives its power from the consent of the People; and the right (and the duty) to overthrow that government if it should one day hold itself above the law and unaccountable to the People.
Many additional examples are found in the Bill of Rights. Picture a circle labeled "Life, Liberty, and the pursuit of Happiness." Now add circles to the diagram, one for each and every clause of the Bill of Rights, in radial orbit around the first. They would say, "free exercise of religion," "free speech," "free press," "freedom of assembly," "freedom of petition for redress," "freedom to keep and bear Arms," etc.
All of these answer the question, "Exactly how do you safeguard Life, Liberty, and the pursuit of Happiness? How do you know when your Liberty is being infringed or when your government has acquired too much power?" The loss of any of these orbiting circles makes it easier for the government to usurp your natural rights to Life, Liberty, and the pursuit of Happiness.
* The pursuit of Happiness is similar to and derived from the ideas of English philosopher John Locke. He described the most basic human rights as "Life, Liberty, and Property (or, 'Estate')." Locke used "estate" or "property" to mean the sum total of a person's lifetime of labor, but Jefferson thought the expression misleading. In order to avoid the pitfall of seeming to promise every human being a certain acreage of land, he changed it to "the pursuit of Happiness" - meaning whatever labor that person chooses to undertake. In Europe, the course of a person's life was more or less laid out by his or her father's economic class, occupation, and reputation. But no more. Each of us is free to choose our own path.
Stare decisis
What is generally the sentence for 4th degree assault minor injury in KY?
Not enough is known about the defendant, their past history, or the case, in order to make an educated guess. It amounts to a misdemeanor which is punishable by less than one year in jail and/or a monetary fine.
What does disposed mean in a court of law vs dismissed?
If a case is dismissed means the Judge threw the case out of court. If a juror is dismissed, the juror is told to go home and another juror replaces him. The disposition is the final outcome. That is when the judge is through with the case. If it is a civil case, one side either has to pay the other side or not. If it is a criminal case, one person goes to jail or walks free. Anyway, everyone leaves the court room.
Case disposed means that a case has been dismissed, withdrawn or resolved. The judge that presides over the case has the power to dismiss or resolve the case.
What does a trial court decide?
Trial courts hear both criminal and civil trials of ALL types. Think of any violation of a either a civil or a criminal law and (in the US) you can demand a jury trial for it.
Hampton Court Palace is a royal palace in the London Borough of Richmond upon Thames, Greater London; it has not been inhabited by the British royal family since the 18th century. The palace is located 11.7 miles [18.8 km] south west of Charing Cross and upstream of Central London on the River Thames. It was originally built for Cardinal Wolsey, a favorite of King Henry VIII, circa 1514; in 1529, as Wolsey fell from favour, the palace was passed to the King , who enlarged it. The following century , William III's massive rebuilding and expansion project intended to rival Versailles was begun.Work halted in 1694, leaving the palace in two distinct contrasting architectural styles, domestic Tudor and Baroque. While the palace's styles are an accident of fate, a unity exists due to the use of the pink bricks and a symmetrical, albeit vague, balancing of successive low wings. Today, the palace is open to the public, and a major tourist attraction. It is cared by an independent charity, Historic Royal Palaces which receives no funding from the Government or the Crown. The palaces Home Park is the site of the annual Hampton Court Palace Festival and Hampton Court Palace Flower Show. Along with St. James Palace, it is one of only two surviving palaces out of the many owned by Henry VIII.
Does there have to be an existing court order to do a Show Cause Order?
Yes - the actual name is, "show cause why the defendant should not be held in contempt."
Another View:
Not necessarily. Definition follows:
"A show cause order is an order of the court, directing a party to a lawsuit to appear on a certain date to show cause why the judge should not issue a specific order or make a certain finding. It is also called an order to show cause or OSC.
A show cause order is commonly used in a family law case. The hearing of the show cause order is customarilly not an "evidentiary" hearing. An "evidentiary" hearing is where each of the parties is sworn under oath and takes the witness stand to provide testimony (evidence) to prove the facts for the judge's ruling. But normally at the show cause order hearing the parties have provided their evidence in the form of a written declaration signed under penalty of perjury.
In some cases, orders to show cause are filed by a party requesting a court ruling on: child custody, child visitation, child support, spousal support, attorney fees and costs, property restraint, and property control. These are mostly used to modify already-existing orders issued by the court."
See below link:
What does it mean if a court case is stayed?
A 'stay' is a court order preventing the carrying out of any further action until a future event occurs, or the stay order is lifted. (e.g.: A 'stay' may be granted to allow a party to provide evidence that might prevent the stayed action from being carried out.)
What happens if you plead guilty to harassment?
In criminal court If you plead guilty to the charge you will then be quickly convicted of the crime and sentencing will be carried out.
The Punishment for harassment (depending on the severity and the Laws of the state) can carry a prison sentence anywhere from 10 days to 3 years and/or fines from $150.00 to $10,000.00
Harassment can also be brought up in a civil law suit in which if you plead guilty to the charge you could have a judgment passed against you for a monetary amount and have to pay the person whom you harassed...
