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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
Can a plaintiff refile a dismissed small claims case?
That depends. If you mean that you were found not guilty, then no. That would be considered double jeopardy which is illegal. They can, however; charge you with other crimes as long as they dont rely on the original crime heavily as evidence.
The primary trial court in Texas?
There are a number of trial courts in the Texas court system. The primary trial courts are District Courts, County Courts, Justice Courts, and Municipal Courts. The jurisdiction of each type of court varies from county to county.
District Courts are the courts of general jurisdiction in the Texas court system, and they may hear any civil or criminal case. Generally, District Courts hear cases beyond the jurisdiction of other courts, such as felony crimes, civil cases for large sums of money, contested probate cases, and family cases, such as divorce. Every county has at least one District Court, and some have several. Some smaller counties share District Courts.
County Courts may be of three different kinds - County Courts at Law, Constitutional County Courts, and Statutory Probate Courts. County Courts at Law hear misdemeanor criminal cases and civil cases for under $100,000. Constitutional County Courts are also known as County Commissioners' Courts, and may have limited judicial functions in counties that also have County Courts at Law. Statutory Probate Courts, in the counties where they exist, have jurisdiction over most probate matters.
Justice Courts and Municipal Courts have limited jurisdiction over minor criminal offenses and minor civil cases, depending on the county.
For more information on the Texas court system, and to see which courts exist in a particular county and how to find out more information about a county's courts, visit the Texas Courts Guide related link.
If the jury cannot reach a verdict, the judge may find them to be a hung jury and declare a mistrial.
Who can file for summary judgment?
Any party (plaintiff, defendant, third-party plaintiff, third-party defendant, other) may file a motion for summary judgment.
Such a motion seeks to short-circuit a civil lawsuit by having the court resolve it in the movant's favor short of trial. In general, the motion seeks a determination by the court that there exists no justiciable issue of law or fact and that the moving party is entitled to judgment as a matter of law. The motion typically relies upon the pleadings filed to date, discovery of record (answers to interrogatories, depositions, etc.), and affidavits.
How many justices must be present for a quorum on the US Supreme Court?
The Supreme Court requires a quorum of two-thirds of the Court, or at least six justices, to hear a case or conduct a vote. The Chief Justice does not have to be one of the six; in his or her absence, the most senior associate justice is in charge.
Decisions require a simple majority, which means five votes if eight or all nine Justices are participating; four votes if six or seven Justices are participating.
The general rule is that there must be a number equal to the majority of the members sitting less one. So if there are seven members, at least 3 would have to vote to hear the cases. The majority of 4 less 1 equals 3.
What do you do after a summary judgment has been granted against you?
Recourse? What do you mean by "recourse"? Do you mean what are your options?
One option is to do nothing and get a summary judgment against you by default. Not a wise move unless you have no defense to a motion for summary judgment and the moving party does not seek extreme measure from you.
You should file a motion in opposition to the motion for summary judgment, putting forth the facts and the law as to why the moving party is not entitled to the granting of a motion for summary judgment.
A motion for summary judgment is required to clearly show that given the undisputed facts in the case (facts you have admitted to as being true), the petitioner is entitled to a certain remedy in the form of judgment as a matter of law.
So, dispute the facts necessary for them to get summary judgment and dispute the application of the law that they reference as most applicable and appropriate in your case. If you successfully dispute the facts required to get summary judgment and/or you dispute the application of the law that they reference, then their motion for summary judgment will likely fail.
AnswerFortunately for you, all reasonable inferences the court must make will be decided in favor of the non-moving party (you). Keep in mind that summary judgment cannot be obtained or defeated by speculation or conjecture alone; there must be specific, concrete facts that establish the claim.If you believe that you are entitled to summary judgment, you may file a cross motion for summary judgment, which details why you are entitled to a summary judgment against the other party. In that case, you will be held to the same standard of proof as the person who is requesting summary judgment against you.
When an appellate court sends a case back to the trial court?
Answer
Basically your verdict is dismissed and if the D.A. feels he still has a strong case he has to refile charges and try you again.
Answer
The decision is vacated and the case remanded to the lower court for a new trial.
What could a judge issue to legally make something happen or stop something from happening?
Like to know at my status conference hearing with the judge in court for back taxes do I need a attorney at this point and what can happen I wrote and ask if I can make payments and live in my home
When a case has been either dismissed or adjudicated, it has been disposed of.
It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.
Why is the sixth amendment important than the other amendments?
The Sixth Amendment of the United States Constitution deals with the rights of a person who is charged with a crime. An individual is to be afforded a speedy public trial by an impartial jury which is convened in the locale that has jurisdiction, and whose proceedings shall include a reading (specification) of the charges and the legal basis (cause) for them as well as the right to face any witness(es) against him, the right to compel (by subpoena) the testimony of any witness(es) in his favor, and the right to defense counsel. http://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution#Text The reason the Sixth Amendment was written into the Constitution was to protect the individual rights (liberties) of anyone accused of a crime by assuring due process to those who might be accused or charged. Many governments or regimes in power around the world at the time that this was written could (and did) imprison individuals indeterminately without any formal (or even informal) charges being pressed against them. The thoughtful men who drafted the Constitution and, in particular, the Sixth Amendment were well aware of that brand of injustice, and did not want something so patently unfair to be possible in the United States. In this day and age, we don't see too many situations where individuals are deprived of basic rights under the rule of law, do we....
They may file an Amicus Curiae brief with the court. The Latin phrase means friend of the court.
How are verdicts decided by the jury?
Juries empanelled to hear cases in criminal couirts are known as PETIT JURIES. A petit jury is an old-fashioned name for the jury thst hears a lawsuit or criminal prosecution. Petit is the French term meaning "small", to distinguish it from a "grand" jury, which performs other duties, mainly to return an indictment or not. A person on a petit jury is part of the most common type of jury service. See: http://definitions.uslegal.com/p/petit-jury/
A historic section of London, England. It includes Hampton Court Palace, built by Cardinal Wolsey in 1515 and appropriated by Henry VIII in 1526. George II was the last to use it as a royal residence, and much of the palace is now open to the public.
For the source and more detailed information concerning your request, click on the related links section (Answers.com) indicated below.
Built for Cardinal Wolsey about 1415
Can a convicted felon be a court reporter?
Yes. A felon could be a Court Reporter whether on probation or not.
However, this may depend on the court reporting agency, if it is a private employer, and their hiring guidelines.
IF the reporter wishes to work for a government agency (e.g.: the courts, for instance) that does it, no. Felons are mostly disqualified from being an employee of a government agencies.
What is the word for removing oneself from a case due to conflict of interest?
I believe the word you are looking for is: RECUSE.
Forms to respond to a summons?
This question is vague. A complaint is always attached to a summons; therefore, you are not responding to the summons, but you are actually supposed to respond to the complaint. The complaint should have statements in numbered paragraphs. You are either going to agree (or admit), disagree (or deny), or you do not have any knowledge regarding the allegations contained in a numbered paragraph.
It is best to hire an attorney to assist you in responding to complaints in order to protect your rights.
the numbered paragraph is13. case instiuted by; two choices 1on-veiw arrest or 2 citiation/summons. Mine was checked 1 on veiw arrest, what does that mean and does it mean i'can't pay a fine
You have to file an answer with the court usually within a specified time-frame. I'm in the midst of a court process in Oregon with a junk debt attorney. The State of Washington has a good sample form for anwering a lawsuit that you can Google and work of off, or I actually bought templates from a blogger who fought a similar case, you can google, how to answer a credit card debt lawsuit add the dotcom and find his site. If you are eligible for legal aid you should try that too. I just felt like I would spend the $ I owed on a lawyer, so I'm fighting it myself successfully so far. There are some good tips on the blog about how to settle at the end of the process if you think you are going to lose!
What do you do if you lose in direct contempt of court?
If for contempt of refusal to pay child support, request prosecution. If for denial of visitation, nothing.
How long is the term of a judge in Maine?
The Governor of Maine is elected to 4 year terms, and is limited to serving not more than two consecutive terms. Republican Paul LePage was elected to this office in 2010.
They can if the judge has them empaneled from the beginning. Usually they are only needed for longer trials. The goal is that all the primary members of the jury make it through the whole trial. Things happen and a member may not make it so someone else, an alternate, has to take his spot. If you don't have enough members going into deliberation then that is a mistrial which then has to be restarted from scratch if the prosecution still wants a verdict.
Sample of letter to judge before sentencing?
"As you know, Victoria Ashley will be facing sentencing.." Is an example of sample letter to the judge before sentencing.
What does it mean when a criminal case is terminated?
It simply means that it was brought to an end.
Added: However the adjective "terminated" has no legal meaning or significance.
It is the method, or reason by which the trial was terminated that is important to know, before any informative answer can be given.
