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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
The Clerk of the Court.
Why do you have to serve on juries?
You have to serve on a jury because defendants need to be judged by a jury of their peers, without prejudice, therefore the basic and easiest way for a city or state to do that is use voter registration lists to have different jurors selected. Then it is up to the lawyers to pick a jury that will help their cause.
Who pays travel cost when someone gets a subpoena to appear as a witness?
Unless arrangements are made in advance for distance travel the witnesses foot their own expenses, except for the daily witness fee they collect for their appearance.
A trial that has no jury is called a bench trial. A defendant may choose to waive his right to a jury trial and have his case heard and decided by a judge only. See the link below for a simple description of this type of trial.
The type of jury that hears a criminal case in a trial setting is?
A "grand jury" might be utilized to hand down an indictment in a criminal case. The subsequent trial would be held in 'criminal court' and tried by a 'petit jury.'
What is a guiding principle for all judges?
If you are asking what judges use for guidance when they are making their decisions, there are several answers, and it will depend upon the proceeding and the type of judge and court.
First, all judges MUST follow/consider:
- Relevant Statutes and Codes
- Relevant Regulations; and
- Binding Precedent (previous judicial opinions) that directly applies to the case at bar.
However, it is not always clear whether a statute, regulation, or case is "relevant." This is because the meaning of the statute, code, or regulation can be ambiguous. Also, the "holding" of the prior cases (what rule it actually stands for), can be very unclear.
Accordingly, to interpret the meaning of a statute, judges will often look (for guidance) to:
- The dictionary (to interpret the plain text of the statute),
- Cannons of statutory construction (understood rules that judges follow when discerning the meaning of statutes -- for example, the "rule of lenity" provides that if a criminal statute is ambiguous, the judge should favor the defendant),
- How other judges have interpreted the case, statute or regulation (even judges not in that jurisdiction),
- The legislative history (reports of what the legislature was thinking when they enacted the statute),
- Opinions of experts (to interpret technical or trade terms in the statute),
- Unofficial administrative agency opinions (similar to experts), and
- The circumstances in which the statute was written (to discern its purpose)
In criminal cases, judges follow sentencing guidelines to give the appropriate sentence.
If the case is on appeal from an administrative decision or a lower court, judges may be required to give "deference" to the lower court's decision, and consider the lower court's reasoning in deciding the outcome of the case.
In short, judges seek guidance from several different sources. Attorneys play a large role in this as well by submitting briefs to the judge (often containing arguments similar to the ones given above), which the judge usually considers fully before making a decision.
How late can you be served a subpoena in Florida?
how long is a workers comp subpoena valid for in florida
Can you be arrested for public intoxication without being given a Breathalyzer test?
short answer, no. They can ask you to produce a sample but if you say no they can arrest you to test you at the station
In most jurisdictions, the police only need probable cause that you are intoxicated. If they smell alcohol on breath or observe your behavior indicating that you are under the influence, they can take action. After they have you in custody, they can administer a breathalyzer or blood test.
If the custodial parent refuses to obey the visitation order the non-custodial parent can file a motion for contempt.
No argument intended, but only the presiding judge can issue a contempt order and that generally does not happen.
If the non-custodial parent refuses to return the child, the usual procedure is for the custodial parent to first contact the child protection/enforcement agency for assistance. A social worker accompanied by police who have jurisdiction where the minor child is in residence will contact the non custodial parent and request the release of the minor to them. After a preliminary investigation of the circumstances they usually transport the minor child/children to the primary custodian .
However, if there are circumstances which suggest the minor may have been endangered and/or neglected in either household he or she will remain in state's custody. All such action is reported to the court. A hearing is scheduled where all parties are required to attend. The judge will decide at that time what action if any should be implemented.
What does PC mean in court terms?
It means protective custody. The individual is segregated from the general population for the individual's own safety and protection. It involves many reasons that could only be answered by the Prison officials and the individual.
If you win in court who pays the fees?
In a civil case, yes. Though collections can be a bit of a problem.
The power given a court to hear a case and make a judgment is known as?
In choosing a court, the attorney must choose which court has the authority to hear a particular case. This is referred to as Jurisdiction.
What does it mean to take possession of property?
The taking of possession of property means basically having total control over it. If the property is a rental property and the landlord hands you the keys, then you are in legal possession of the property, something that the landlord cannot take back unless he legally evicts you.
A mistrial is when something happens during your case's trial that renders the trial invalid through some type of error.
For instance, if the jury can not come to a verdict, or if someone working on the trial did something or didn't declare something that is against the ethics of the court/law.
Example:Someone on the jury knew the defendant or plantif, or had a resentment or connection to the case or the law in general.
Or maybe one of the attorneys is doing something unethical, and etcetera.
You are NOT found innocent and/or the case is NOT dismissed if a mistrial is declared. It simply means the prosecution now has to start all over, and a new trial and jury has to be created, and is often now hindered greatly.
It is REALLY GOOD news if you're the one being charged in the trial (usually).
just enough evidence to make it more likely that the plaintiff is correct
In relation to court procedures, there's no such thing as chief witnesses. Normally this term is given to a witness who, without his testimony, the government or the plaintiff does not have a case. This type of witness is also known as a star witness, generally for the government. But there are star defense witnesses as well.
What is the statute of limitations for mortgage fraud?
The statute of limitations for mortgage fraud was increased to 10 years.
What happens when a case is dismissed because the plaintiff does not show up?
That depends on the circumstances.
Added: But it is always something that should be requested if they do not appear. The court will make a determination of the circumstances of the officers FTA. Oftentimes the very nature of an officers work requires that he be involved in, or tied-up with, another case and he simply cannot make it. However, if it is determined that, through negligence, they FTA'd the judge may dismiss the charge for "want of prosecution."
If you get arrested for robbery which court would see you?
You would get seen in Criminal Court. If the product was not recovered and given back to the rightful owners then you might also find yourself in civil court with a lawsuit pending against you.
What is another name for Officer of the Court?
Technically an "Officer of the Court" is any officer who receives his authority from, and owes allegiance to, a court of competent jurisdiction. Court officers are required to take an oath of office like a public official. In most states, these officers include judges, the clerk of the court (and their deputy clerks), court reporters, process servers, and all attorneys practicing before that court.
Notaries Public, sheriffs, and police officers are typically Officers of the State, rather than Officers of the Court. Judges may actually be both Officers of the State and Officers of the Court if they received their judicial appointment from a state authority, such as the Governor.
Although all attorneys are court officers, the attorney is not an employee or agent of the court or the court system. The attorney owes his/her direct allegiance to the client, and this includes a duty of advocacy of positions, based upon the facts, that favor the client as long as they are within the bounds of recognized law. An attorney can, and probably should, be creative in his/her arguments, but may never misrepresent facts or law.
It is in the latter sense that the attorney is considered to be an officer of the court. "Winning the case" may never be at the expense of the integrity of the judicial system.
Are there juries in US small claims courts?
Generally no. Each state sets their own rules for these limited jurisdiction courts, and they are normally a fairly informal and fast process. As far as I know, each state only allows them to hold bench trials, but there may be an exception.
Grand jurors are called from a cross section of the public.
Added; From the same pool of potential jurors that is used to call all citizens for jury service.
