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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 is a jury verdict?

The word 'verdict' refers to the judgment rendered by the court.

What machine does a court reporter use?

A stenography machine.

Added: Some court stenographers also use voice recorders into which they speak with a muffled mouthpiece microphone, and some courts are doing away with in-court stenographers entirely and have witched over to to digital recording of the proceedings.

Why is it important that all jury members agree to a verdict?

It is important for all jury members to agree to a verdict to settle the case. In order for the suspect to be found guilty all jury members most vote him guilty. Even if one person will not agree the suspect will be found innocent until proved guilty.

When a jury has heard and rendered a verdict in a case the judgment on the verdict has become final the defendant again cannot again be brought to trial for the same thing?

This concept is known as double jeopardy, which protects individuals from being tried for the same offense after they have been acquitted or convicted. It is a principle enshrined in the Fifth Amendment of the United States Constitution and ensures that a defendant cannot be subjected to multiple trials for the same crime.

What jury means a jury can not find a verdict?

A hung jury is when the jury members can't agree so the judge dismisses them.

Are public protests effective?

If there is enough people and support for it, then it can help pass legislation in the government or the idea. But protest should only be used as a last resort. There are many other ways to get an idea supported.

How might freedom of the press interfere with an individual's right to a fair trial?

Fair trial and freedom of the press concerns how to balance the right of a free press and the defendant's right to a fair trial. News reporting on judicial proceedings helps the public understand the legal procedure better and contributes to the public's right to know about the working of the justice system (→ Right to Know). The media play an important watchdog role in monitoring the administration of justice (→ Freedom of the Press, Concept of). However, the news media sometimes misrepresent court trials and mislead viewers and readers (→ Yellow Journalism). This kind of inaccurate media coverage might affect jurors or judges in such a way as to prejudice their supposedly impartial judgment.The idea of balancing the right of the news media to cover judicial proceedings with the right of the accused to a fair trial has been incorporated into a number of international conventions and national constitutions. For example, the European Convention on Human Rights, while guaranteeing freedom of speech and of the press, protects the right of the accused to a fair trial. Its Article 6(1) states that the press and public may be excluded from all or part of a trial "where the interests of juveniles or the protection of the private life of the parties so require" or "where publicity would prejudice the interests of justice."

What do you say when someone is talking in court and you disaggree with them?

It depends on who is talking and what the court appearance is for. If it is at a trial or a hearing where evidence is being produced, and another party or witness is giving their testimony, you cannot interrupt them. You should make notes of the parts that you believe are incorrect, and use them when the time comes for cross examination.

Even in an informal small claims type court, you should never interrupt or tell the judge "he's lying." It annoys the judge and reduces your own credibility, and is quite immature.

If this person is offering evidence that has already been ruled inadmissible, or that you think is legally inadmissible, you (or you lawyer, if you have one) would then stand and say "Objection, your honor, this is hearsay (or whatever the case may be) and inadmissible evidence."

If your lawyer is speaking to the court, and is saying something that is incorrect, you should pass him/her a note. He/she can then ask for a moment to clarify with you.

If the judge is saying something you don't agree with, you should make detailed notes. You can then determine whether or not you have grounds for appeal.

What does it mean when the court time is posted as 1320?

1320 is so-called "military time" for 1:20 PM, based on a 24 hour clock. It is often used in official matters when it needs to be perfectly clear what the specified time is.

How long does a stay in legal terms last?

The length of a stay in legal terms can vary depending on the context. For example, a stay of execution in criminal proceedings temporarily postpones the implementation of a death sentence. In civil cases, a stay may refer to a suspension or temporary halt of legal proceedings. The duration of a stay will depend on the specific circumstances and the court's decision.

Does the victim of forgery and theft need to appear in court?

It depends on the circumstances and the requirements of the court. In some cases, the victim may be required to appear in court to provide testimony and evidence. However, in other situations, the victim's written statement or previous testimony may be sufficient. It is best to consult with the relevant authorities or a legal professional for specific guidance.

What is a pre-sentencing report?

It is prepared for the sentencing judge so that they can know the background and all pertinent details of the defendant's past life (with particular attention to any criminal history) so that the judge can form a better basis on how best to sentence the defendant after he/she was found guilty.

Under NY law what does the following Vehicle and Traffic Law charge mean VTL 1192A MA?

The letters "VTL" stand for "Vehicle & Traffic Laws." Section 1192-a is quoted as follows - and I could not find any info on the meaning of the last two letters, 'MA." Section 1192-a. Operating a motor vehicle after having consumed alcohol; under the age of twenty-one; per se. No person under the age of twenty-one shall operate a motor vehicle after having consumed alcohol as defined in this section. For purposes of this section, a person under the age of twenty-one is deemed to have consumed alcohol only if such person has .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person`s blood, as shown by chemical analysis of such person`s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. Any person who operates a motor vehicle in violation of this section, and who is not charged with a violation of any subdivision of section eleven hundred ninety-two of this article arising out of the same incident shall be referred to the department for action in accordance with the provisions of section eleven hundred ninety-four-a of this article. Except as otherwise provided in subdivision five of section eleven hundred ninety-two of this article, this section shall not apply to a person who operates a commercial motor vehicle. Notwithstanding any provision of law to the contrary, a finding that a person under the age of twenty-one operated a motor vehicle after having consumed alcohol in violation of this section is not a judgment of conviction for a crime or any other offense.

Can a court case be dismissed if the plaintiff does not show but his attorney does?

Not in a criminal case. In such cases the prosecuting attorney represents all of the people of the state and/or country and therefore represents the orignal plaintiff/victim.

A civil trial is basically the same, if the plaintiff has legal representation. For example, a credit card company sues for debt owed. It is understood that the CC's legal counsel if the plaintiff by proxy and has the right to "prosecute" the case.

If the civil suit has been brought by an individual plaintiff representing themselves, he or she must be present at the time of the trial or the case will be dismissed (generally w/o prejudice). Likewise, if legal counsel does not appear the case will be dismissed.

Does a traffic citation summons for court go on your driving record before the court date?

Typically, a traffic citation summons for court does not go on your driving record until after the court date. The court will decide whether to issue a conviction or dismiss the case, and if convicted, it will be reflected on your driving record. Until the court makes a decision, the citation itself may not appear on the record.

Your attorney has file a rule to show cause with the court your question is what will happen when you go to court?

When you go to court for a rule to show cause hearing, the judge will review the reasons stated in the filed motion and determine whether there is a valid cause for you to appear in court. The judge may ask you to present evidence or provide further explanation for your actions. After considering the arguments from both sides, the judge will make a decision and may issue an order or impose certain penalties, depending on the specific circumstances of the case.

What happens when appellate court reverses summary judgment?

When an appellate court reverses summary judgment, it means that the court has determined that there are genuine issues of material fact that need to be decided by a jury. The appellate court has concluded that the lower court erred in granting summary judgment, which is a determination made by the court without a trial because there are no disputed facts. The case will typically be remanded back to the trial court for further proceedings or a trial on the merits.

What is the significance of the length of the jury deliberation?

That's a matter of opinion. Some believe the longer a jury is out the more likely it is to have a verdict in favor of the defendant and a jury that deliberates a short time is more likely to present a verdict in favor of the plaintiff.

What is a call before a court to answer an indictment called?

A call before a court to answer an indictment is typically referred to as an arraignment. During the arraignment, the defendant is formally notified of the charges against them and is required to enter a plea of guilty or not guilty.

What is a partial trial?

A partial trial refers to a trial in which only some aspects or issues of a case are being addressed, rather than the entire case. This can occur when the parties agree to narrow the scope of the trial or when certain disputed issues are resolved beforehand, leaving only the remaining issues to be tried. A partial trial allows for a more focused and efficient resolution of specific matters within a case.

If you get served does this mean a court date will be set?

Served with WHAT? A subpoena? It depends on WHAT you got "served" with. How is the subpoena worded? If it states to appear for trial, then, yes, it will be a trial. If it's for a hearing, then it will be for a hearing. READ IT!

Need the def of what it says on court of record oapjps is what it says under docket code and then right next to it. It says OR oath and appr jdge pro tem and stip issd bail 40000 what does that mean?

All court systems use abbreviations and "shorthand" of some type or other. It would help if you said WHAT court sytem you were referring to. Perhaps you could call your attorney's office or the public defender's office and simply ask.

What are the differences between drug court vs regular criminal court?

So-called 'drug courts' are established with ties and connections to certain governmental and private social service agencies who assist persons with drug dependencies. The premise is, that they may assist the drug offender to kick their habit and help them recovere from their addiction. The offendera appearing in this court usually have no previous serious criminal records and the idea/hope is that the offender will get their lives back in order before falling deeper into criminal activity. 'Regular' criminal court is not necessarily set up to 'help' offenders, and their main purpose is to ajudicate the offeners cases and, if guilty, to incarcerate and/or fine them.

What court do minor offences go to?

It depends on your country. In the UK:

Minor criminal offences go to the magistrates court.

Minor civil offences go to the county court.

If you are not from the UK, re-ask the question giving your country.