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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 happens if a jury thinks there is a 'Reasonable Doubt'?
If the entire jury agrees that reasonable doubt exists, they will bring an acquittal or "not guilty" verdict. If, however, only some of the jury can be convinced, a "hung jury" usually results, that is a jury that cannot decide on acquittal or conviction. Occasionally, some of the members of a jury may feel there is reasonable doubt that exists and feel that the charges brought cannot be successfully prosecuted, but that evidence does exist for some sort of conviction and in the event lesser charges can be decided upon, will bring a verdict on the lesser charges. Each state in the US is slightly different.
What options do you have in a chapter 13 if your case was dismissed due to nonpayment?
If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.
Can you get bond awaiting extradition?
Yes, getting bond while awaiting extradition is possible. The Uniform Extradition Act requires a bail bond to be set for any charges that are not punishable by death or life imprisonment.
What happen with your record if they never found you guilty?
If you were found not guilty, you don't have a record.
How does the jury decide what punishment the defendant gets?
The jury does not decide what punishment the defendant gets, the judge does. The only thing the jury decides is whether the defendant is guilty or not guilty of what he is accused of.
A jury call docket is where the defendant and lawyer meets with the judge and assistant district attorney. At this hearing, it is announced if their is a plead of guilty or if a trial is wanted.
What happens when a court decision is appealed?
In order to have an appeal heard by the Supreme Court, a person must file a "petition for a writ of certiorari," asking the Court to review a case and issue an order, called a writ of certiorari, to the the lower (usually) appellate court requesting the relevant files and transcripts be sent to the Supreme Court.
Most appeals originate in the US Court of Appeals Circuit Courts; however, the justices also hear some cases on direct appeal from US District Courts and US Court of Appeals for the Armed Forces, as well as from State supreme courts (or their equivalent). In the event a State supreme court rejects an appeal, the justices may consider a petition directly from an intermediate state appellate court.
Origin of US Supreme Court Cases
- US Court of Appeals Circuit Courts
- State Supreme Courts (or their equivalent)
- US District Courts (under special circumstances, only)
- US Court of Appeals for the Armed Forces
- US Court of International Trade
- US Court of Federal Claims
- Intermediate State appellate courts (if the State Supreme Court rejects the appeal)
What are two cases that might have been tried in state court?
(1) Failure to pay state sales tax. (2) Homicide.
How do you introduce the board of judges?
To introduce a board of judges in a contest you can add their names to the shows program. You could also honor the judges before the program or contest by introducing them to the audience by name.
Can a criminal case that is closed be reopened?
It depends on if it was dismissed with prejudice (no reopen), or dismissed wihout prejudice (can be brougt again). Some criminal cases are 'filed' or 'continued without a finding' -- these cases can be brought if the defendant does something unlawful within the time period that was stated
The term agency by necessity means that someone else has made a decision on behalf of someone else. The person they are making the decision for must be in a condition that they cannot make the decision themselves.
What is indictment by grand jury?
.... it is known as a 'True Bill of Indictment.'
Indictment by a grand jury is the manner in which the government charges individuals with commission of a crime. The prosecutor presents proofs before the members of the Grand Jury to convince them that sufficient evidence exists to charge an individual with a crime. If the Grand Jury agrees that the individual should be so charged it issues a written statement making the charges. The statement is called an indictment.
How long does a pre- trial conference last?
Not very long. I have been to several that last only 10-15 minutes. However, this depends on the complexity of the case and if there are any disputes over schedueling.
What are the potential outcomes of a court case?
It is the ruling or judgment the Judge gives on any specific court case. There are 4 basic outcomes of any given court case (One of the first two are the most likely.):
1. It can end in favor of the plaintiff.
2. It can end in favor of the defendant.
or
3. It can end with favor not for the plaintiff and not for the defendant.
4. One or both parties could be kicked out of the courtroom, and the case dismissed.
If you get caught stealing can you collect unemployement?
You may get penalized... You will have to pay back all the money that you collected while working. Also, the penalty fees. You could even serve time in jail for not being honest under oath!!!! Think seriously about it before you consider. If you already have, then I would stop now.. They will find out; maybe not today or tomorrow, but they will....
Another answer:The above answer is absolutely true, if done illegally. However, working while receiving benefits is not altogether illegal. You can still work if you notify the employment security office and follow their guidelines. You can earn wages, if they're less than the benefits and they will adjust your benefits accordingly. You can also receive a reduction in pay/hours where you are already employed and, in some cases, receive partial unemployment. Check with you state's office for more details.Can someone on probation vist a minor?
Dependant on the state the probationer lives in, the laws will vary. In most cases, if the crime for which a person is serving probation for, was against or of a sexual nature involving a child (minor) then No. The court would make sure that The stipulation of "no contact with a minor" was included in the sentencing and order of probation. If it was any other crime, then yes. (again, as long as there was no order from the court so stipulating the condition of probation)
Who is Primarily responsible for maintaining order in the courtroom?
The Bailif is responsible for court safety and decorum and carries out the orders of the judge.
When will an appellate court overturn a trial court's decision?
Sometimes. An appellate court judge or panel can overturn a lower court judge's (or jury's) decision if there are legal grounds for doing so; they can also affirm, or uphold, the decision.
In the federal court system, the US Court of Appeals Circuit Courts have jurisdiction over cases heard in US District Courts, and have authority to overturn a decision.
What happen if a person on parole and have a court hearing?
The question is unclear.
If you are on parole and violate the law and have to appear in court on another charge, it is quite likely that your parole may be affected or even revoked, depending on the severity of the new charge.
If you are simply on parole and subpoenaed to attend a hearing relating to your parole case, you had BEST attend or risk having a bench warrant issued for you.
Parole is NOT a -get-out-of-jail-free" card! You are still serving your sentence.
What happens during a harassment injunction court hearing?
what happens at an injunction hearing can do number of things such as seeing if there is enough evidence to proceed, to see if there's a change in the status other case like maybe one party doesn't want to move forward with the injunction, it could just be setting a date for the civil trial or could be simply to try to find a resolution before they go to trial.
it all started with congress back in 1776 it all started with congress back in 1776
A stay order is a court order that suspends a judgment or judicial proceeding. A stay order will temporarily stop a collection of a judgment in civil suits.
What happens in a Case Management Conference?
A CMC is a meeting that takes place at the Court House. Attendance at this meeting is limited to the Judge, and the parties (the Plaintiff and the Defendant). If party has a lawyer representing him or her, the lawyer may also attend. This meeting happens after the Plaintiff begins the lawsuit by filing the Claim/Summons, but before the trial. Generally, the CMC is 30 minutes to one-hour long.
This meeting is not a trial and, therefore, witnesses do not attend at this stage.
www.sasklawcourts.ca/docs/Small_Claims_CMC.doc
