Questions tagged [rules-of-court]
Rules of practice and procedure in a court of law. Related tags: process, civil-procedure
233 questions
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When would a court impose a harsher sentence than the prosecutor requests?
In a typical criminal case, even when the facts are mostly undisputed, the defense tries to get away with a sentence as low as possible, while the prosecution requests a hard sentence. The court will ...
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If a defendant does not have a lawyer, can they still raise an objection when in court?
And if so, are there any restrictions or things that a pro-se defender is not permitted to do because they gave up a lawyer? Related to objections, of course.
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Why innocence don't matter within State's justice system, according to the late US Supreme Court Justice Antonin Scalia? [closed]
"Mere factual innocence is no reason not to carry out a death sentence properly reached." - Antonia Scalia ( 1936 - 2016)
Mere factual innocence is no reason not to carry out a guilty ...
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Can you get sued for mentioning the person you are evicting is a registered sex offender in court?
Alice is taking Bob to court for eviction because he damaged property. During the process, she realized he was registered as a sex offender. He said he would sue her for discrimination if she ...
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Can general limitations be extended due to obstructions or disruptions suffered by a claimant that are the fault of a non-party to the claim?
Certain types of actions' limitations have statutory provisions so as to be explicitly extensible by judicial discretion, such as those on personal injury, defamation, or death.
Other specific ...
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4
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2
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Why are certain decisions of Magistrates' court challenged by way of judicial review, rather than appeal?
Generally, judicial review is a means of challenging an administrative decision of the executive branch of government, and yet it appears that certain decisions of magistrates courts are still ...
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Why, in DR Sanchez v Simple PM Limited, did the County Court at Central London "sit at" Oxford Combined Court?
In Case No. F01CL101, Sanchez v. SPML (see note), the judgment says
IN THE COUNTY COURT AT CENTRAL LONDON
SITTING AT OXFORD COMBINED COURT
What does this mean, and why might a case being heard by ...
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If a Civil Part 8 claim is filed with the County Court, will, and must, it automatically be sent to the Defendant?
Online AI sources uniformly and firmly insist that, no, it will not be sent/served by the court, and that this is the Claimant's responsibility, and that until this duty is fulfilled by the Claimant, ...
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2
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1
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Scope of law about court procedures in other areas of government
Like many US states, Vermont has a separate section of the law, Title 12 "Court Procedures", about the state courts. In it it has a Subchapter 2, Administration of Oaths, which, among other ...
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How serving documents ensure that a party got the right ones?
Legal documents are usually served in envelopes (I am French, and this is what I get from movies or celebrity dramas).
It seems that the act of handing over the envelope (at least in the "in-...
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2
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When can we call somebody a criminal?
In the current Pelicot rape process in Avignon, France, the defendant was sentenced to 20 years in prison by a local criminal court. Can* we (and newspapers) now call him a rapist, even though he ...
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When is it legal to take photographs directly outside courthouses?
I was talking with a friend of mine who recently raised an interesting point about the Criminal Justice Act 1925, section 41.
According to this section, it is an offence to take a photograph (...
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Risks of Visa Violations Being Discovered in Court?
Curious to know what happens when a state court discovers any sort of visa violations which fall within federal/immigration court's jurisdiction. Examples could be that someone is working illegally on ...
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Do judges in any country have limitations on how they interpret laws and constitutions?
I've seen this in many countries. Judges and Supreme Court Justices giving interpretations of what the text of laws meant which has nothing to do with the original text meaning. A law or article of a ...
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What is the grounds for barring a 3rd party culprit defence in a criminal trial? [closed]
I read in the news that the judge in the Karen Read murder trial barred her attorneys from arguing that the victim had been killed by a third party (not the defendant). What would be the legal grounds,...
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