I was wondering what roles people play in the court I mean like a judge, or something. Like I want you to tell me what type of people there are in the court and what they do.
So say, the judge does the case or whatever,
The attorney fights with the opposite attorney.
THe Prosecuter does this and so on.
THe Bailiff does that and so on.
Please tell me the characters of the court and what they do and how a court looks like. I am doing a play on a case where a murder has taken place, I have to write the play and I hardly even know who the people are in a court and what they do. If possible please supply me with a website with a video or a play wher I can actually see how a whole case works so I can write my play in that set-up, so that I get it right. Please answer me, thank you very much.
Answers:
Simplified version:
Judge or Commissioner (hears case, with or without jury)
Courtroom clerk (takes notes-minutes, assists judge)
Courtroom reporter (takes down everything everyone says to create a "record" of the proceedings), handles and labels physical evidence.
Attorneys, in criminal, Prosecutor and Defense counsel. There may be two attorneys on each side, in death penalty cases there is usually co-counsel on each side.
Witnesses-May be present under subpoena (ordered to be there) or a willing witness. Presents testimony based on their personal observations or knowledge of the situation.
Jury (sometimes no jury, may be just a judge in some cases)
hears the evidence, receives "jury instructions" from both attorneys on both sides, and decides the case based on the evidence and arguments presented.
Bailiff: Keeps order in the court, calls the proceedings and the entry of the judge or commissioner. Will receive physical evidence from the attorneys and take it to the court reporter. May take defendants into custody in criminal proceedings or other persons in the case of contempt in a civil matter.
There are transcripts of real proceedings here: http://www.law.umkc.edu/faculty/projects... and http://www.norwichbulletin.com/apps/pbcs...
I can't vouch for the content of the cases, just found them online. Good Luck.
really not to much to tell ya. you pretty much explain everything yourself in the question.
Like this and so on.
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After I spend an hour answering this, ther'll be a standard fee of $50 - send it on Pay Pal.
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The best way is to go to court.
Trials are public. Take a few days or afternoons, and go sit in different courts.
Criminal. Civil jury. Divorce.
No one does this anymore, but you should.
You can ask anyone in the courtroom about their role. Judges are usually very helpful (after the trial, of course), but the attorneys will usually be very co-operative.
As mentioned, you can actually go to court and watch in most cases with exception of Family Court, which has a lot of "closed courtroom" days, and Surrogates Court which you can go, but it is pretty boring since it is mostly paperwork.
The most basic Court will have the Judge, Bailiff or Clerk depending on the type of Court, 2 opposing attorneys and a Court reporter.
You already answered in your question to what most of those people do.
The Court reporter will be taking down everything that is said and done so that there is a transcript of the court proceedings. Usually they use a shorthand machine, like a mini electric typewriter.
You can probably find lots of old movies in the library showing Courtroom scenes to get an idea. The older ones tend to be a little more accurate of what happens in comparison to the newer ones that want lots of trill and drama every second.
Tuesday, May 25, 2010
Question about the ADA?
I do vaulinteer work for a drop in center for people with mental illnesses. I am also board president and I do the newsletters for them to tell them the upcoming events and I tell them about things like the ADA. I have writers block and I need a little help on what to say about the ADA. Some good things. I know that means Adults Disabilities Act. I know of some of the good things they do but I need help putting it into words.
Answers:
Go to the U.S. dept of Labor website, find the section governing the A.D.A.. I would suggest printing out the F.A.Q.s (frequently asked questions) and their is generally a summary or condensed version of the features of the act. Try google (i.e. u.s. department of labor + A.D.A.) good luck.
cough - Americans with Disabilities Act... cough
I'm a little concerned if you are a board president of the mental health center...especially with your lack of education and spelling errors!
First off, it is the Americans with Disabilities Act. The ADA was signed and in effect in 1990. The ADA is a set of laws to enable individuals in having equal access to their community. This includes, accessible entrances, parking, and other amenities in public businesses and to help with accommodations.
Also the ADA helps protect individuals with disabilities and to provide equal opportunities to employment, services, and public buildings.
For more information contact the ADA Technical Center at 800-949-4232
Also if a person is being discriminated due to a disability, all states have many different organizations to help individuals such as Independent Living Centers, Disabilities Rights Center, Governor Council on Disabilities, etc. The different agencies and organizations may have a different variation on titles, but they are similar!
Answers:
Go to the U.S. dept of Labor website, find the section governing the A.D.A.. I would suggest printing out the F.A.Q.s (frequently asked questions) and their is generally a summary or condensed version of the features of the act. Try google (i.e. u.s. department of labor + A.D.A.) good luck.
cough - Americans with Disabilities Act... cough
I'm a little concerned if you are a board president of the mental health center...especially with your lack of education and spelling errors!
First off, it is the Americans with Disabilities Act. The ADA was signed and in effect in 1990. The ADA is a set of laws to enable individuals in having equal access to their community. This includes, accessible entrances, parking, and other amenities in public businesses and to help with accommodations.
Also the ADA helps protect individuals with disabilities and to provide equal opportunities to employment, services, and public buildings.
For more information contact the ADA Technical Center at 800-949-4232
Also if a person is being discriminated due to a disability, all states have many different organizations to help individuals such as Independent Living Centers, Disabilities Rights Center, Governor Council on Disabilities, etc. The different agencies and organizations may have a different variation on titles, but they are similar!
Question about stem cell research . . .?
A scientist in Taiwan has managed to stimulate embryonic growth through use of a human egg without sperm. The scientific findings, once discredited by the international community, have now been substantiated by Harvard University. Since paternal characteristics are not present (the scientist did not use sperm) do you still consider this an embryo (ethical sense - not scientific? For those of you who are against stem cell research, will this bypass any ethical arguments you have against the practice? Or do you still consider the embryo to be human? I am not trying to bear-bait the pro-life community - I would like to know if you think this might be a reasonable compromise. Thank you in advance for your answers.
Answers:
This 'news' is months old. It's not a way around the ethical dilemma of embryonic research, though: they've simply found a new way to make an embryo present. So rather than simplifying the ethical calculus, this multiplies it. (They try to make this seem like a third alternative, by stating that the blastocyst won't develop into a baby and inferring that nobody could dare suggest it's a person. But their research procedures ensure that all these embryos are destroyed before they could get that far, so there's no way they can say for sure.) So this is neither a compromise nor a workaround. It's just another way to fall into the same da*n hole as before.
Focus on cord blood (so many discarded umbilicals), and leave the babies alone already.
the dark age mentality of the neo-cons will halt any scientific progress.
Since the United States is the only first world country where people think killing an embryo is murder, your not going to get much of a response this early on a saturday in the US.
there will always be pros and cons.
what it is, is a scientific finding.that's the object.
the intention or the motive behind the act, probably be the first one to do it/be in history,kill all males,but what for?,or why?is it personal?
the circumstance surrounding the act, who is he that did it?
is it really in Taiwan or Korea?
when was this?
And finally can he show us how he did it?
I think he is an Egoist. I stand with the scientific community.
Why does everyone on YA feel that opposing govt. sponsored stem cell research makes one a right wing wacko? I oppose govt. sponsored research because it puts the govt. in the female womb. If an anti - abortion group was granted access to a women contemplating abortion to encourage her to not have an abortion, most people would find that offensive. A scientist, under federal funding, advising an abortion to harvest stem cells is equally offensive. Lastly - what if stem cell therapy does what it says? Doesn't nature have a way of limiting our numbers to prevent overpopulation - why mess with this?
Answers:
This 'news' is months old. It's not a way around the ethical dilemma of embryonic research, though: they've simply found a new way to make an embryo present. So rather than simplifying the ethical calculus, this multiplies it. (They try to make this seem like a third alternative, by stating that the blastocyst won't develop into a baby and inferring that nobody could dare suggest it's a person. But their research procedures ensure that all these embryos are destroyed before they could get that far, so there's no way they can say for sure.) So this is neither a compromise nor a workaround. It's just another way to fall into the same da*n hole as before.
Focus on cord blood (so many discarded umbilicals), and leave the babies alone already.
the dark age mentality of the neo-cons will halt any scientific progress.
Since the United States is the only first world country where people think killing an embryo is murder, your not going to get much of a response this early on a saturday in the US.
there will always be pros and cons.
what it is, is a scientific finding.that's the object.
the intention or the motive behind the act, probably be the first one to do it/be in history,kill all males,but what for?,or why?is it personal?
the circumstance surrounding the act, who is he that did it?
is it really in Taiwan or Korea?
when was this?
And finally can he show us how he did it?
I think he is an Egoist. I stand with the scientific community.
Why does everyone on YA feel that opposing govt. sponsored stem cell research makes one a right wing wacko? I oppose govt. sponsored research because it puts the govt. in the female womb. If an anti - abortion group was granted access to a women contemplating abortion to encourage her to not have an abortion, most people would find that offensive. A scientist, under federal funding, advising an abortion to harvest stem cells is equally offensive. Lastly - what if stem cell therapy does what it says? Doesn't nature have a way of limiting our numbers to prevent overpopulation - why mess with this?
Question about STATE TAX LIENS ...?
I have a state tax lien filed against me (NC-USA) from several years ago. I was working with a criminal attorney, and he assured me he could resolve the civil lien as well as my other "issue". Well, it appears he's dropped the ball in the civil arena, and I don't know what my options are at this point. Does a state tax lien ever "expire" after a number of years?
Answers:
No, it doesn't expire -- it remains until it is paid in full.
If the lien was solely based on a conviction that has since been overturned, the lien can be removed by notifying the tax agency of your state of that fact.
Other than that, the lien remains until paid, or until you get the governor to issue a pardon excusing you from paying it.
No. You have to pay if you wish the lien to be removed.
Answers:
No, it doesn't expire -- it remains until it is paid in full.
If the lien was solely based on a conviction that has since been overturned, the lien can be removed by notifying the tax agency of your state of that fact.
Other than that, the lien remains until paid, or until you get the governor to issue a pardon excusing you from paying it.
No. You have to pay if you wish the lien to be removed.
Question about sexual harassment?
A female friend of mine was harassed by her boss in a car dealership. He made direct unwanted sexual advances and did not stop when asked to. The girl went to the owner of the company who document the incident. Since the incident the guy has threatend to fire her, called her names in front of other employees, and accused her of being a liar and trying to set up a law suit because she has no money. Of course, none of those statements are true and the girl feels stuck and very stressed because all of her co-workers now treat her like a cancer. The owner of the company says there is nothing she can do about it because she has no proof and its her word against his. I dont think that is true. Does she have any options available to her?
Answers:
To get the BEST and CORRECT answer visit the EEOC link below. They will have the answers you are looking for.
Yes - call a lawyer, now. The lawyer will tell her how to document the abuses. She clearly has a case. They deserve to be sued.
ask the people that heard him call her names to speak with the owner on her behalf. If that doesn't work, get an attorney and sue
Answers:
To get the BEST and CORRECT answer visit the EEOC link below. They will have the answers you are looking for.
Yes - call a lawyer, now. The lawyer will tell her how to document the abuses. She clearly has a case. They deserve to be sued.
ask the people that heard him call her names to speak with the owner on her behalf. If that doesn't work, get an attorney and sue
Saturday, October 31, 2009
Question about Right to speedy trial.?
If a person was charged with a felony, brought to trial, and they then plead not guilty and insist on their right to a speedy trial. Can the defendant be re-arrested for the same crime if the prosecution keeps asking the court for a continuance to find their "key" witness, but the judge then dismisses the case after giving the prosecution 160 days to go to trial?
Can the defendant be re-arrested for the same crime if the prosecution finds their key witness years later?
Answers:
Generally, no. I agree with everything the first answerer said, btw. However, there are "magic words" in a dismissal of a case. "Dismissed with prejudice" means the case can never be re-filed nor could the defendent ever be arrested for the same crime. "Dismissed withOUT prejudice" means the opposite--the defendent could be re-arrested and brought to trial. Another catch, though--if the first trial actually started and was then dismissed, the defendant is completely safe. Did the trial start? Did the prosecution voluntarily dismiss the case? Does the Order of dismissal say "with prejudice"? We need to know those facts, also. EDIT: Thanks for the details; they are sufficient to give you a definite answer. If the trial has begun, jeopardy has "attached" (legal terminology). If the case is now dismissed, it can never be re-filed. Once the trial is dismissed, it doesn't matter if the key witness if found. Also, the words "with/without prejudice" no longer matter since the trial has begun. The defendant cannot be re-arrested for the same charge.
If by brought to trial, you mean he's indicted on the felony charge...and then the judge dismisses the case due to a "not ready" answer by the People after 160 days, and the defense doesn't agree to a continuance, then no, the defendant can't be arrested for the same crime. Double jeopardy attachs.
However, that defense counsel would become infamous in whatever DA's office he screwed that prosecutor in, and he'd never get a break from the People ever again. Most defense lawyers wouldn't risk good relationships with ADAs for that.
Within the statute of limitations for that state and that offense, yes.
once the trial has begun...double jeopardy attaches and the person can not be retried again...if the government really wants the defendant.the witness can threaten to say that he was paid to remain unavailable, get off with probation, and get your client/friend with obstruction of justice, bribery, etc.
Can the defendant be re-arrested for the same crime if the prosecution finds their key witness years later?
Answers:
Generally, no. I agree with everything the first answerer said, btw. However, there are "magic words" in a dismissal of a case. "Dismissed with prejudice" means the case can never be re-filed nor could the defendent ever be arrested for the same crime. "Dismissed withOUT prejudice" means the opposite--the defendent could be re-arrested and brought to trial. Another catch, though--if the first trial actually started and was then dismissed, the defendant is completely safe. Did the trial start? Did the prosecution voluntarily dismiss the case? Does the Order of dismissal say "with prejudice"? We need to know those facts, also. EDIT: Thanks for the details; they are sufficient to give you a definite answer. If the trial has begun, jeopardy has "attached" (legal terminology). If the case is now dismissed, it can never be re-filed. Once the trial is dismissed, it doesn't matter if the key witness if found. Also, the words "with/without prejudice" no longer matter since the trial has begun. The defendant cannot be re-arrested for the same charge.
If by brought to trial, you mean he's indicted on the felony charge...and then the judge dismisses the case due to a "not ready" answer by the People after 160 days, and the defense doesn't agree to a continuance, then no, the defendant can't be arrested for the same crime. Double jeopardy attachs.
However, that defense counsel would become infamous in whatever DA's office he screwed that prosecutor in, and he'd never get a break from the People ever again. Most defense lawyers wouldn't risk good relationships with ADAs for that.
Within the statute of limitations for that state and that offense, yes.
once the trial has begun...double jeopardy attaches and the person can not be retried again...if the government really wants the defendant.the witness can threaten to say that he was paid to remain unavailable, get off with probation, and get your client/friend with obstruction of justice, bribery, etc.
Question about restitution for a four wheeler and court..need a quick and correct answer for my brother in law
I need to know, my fiances brother has a four wheeler that he got behind in payments on. A repo man came to take it but he didnt have it at the home so he didnt get to take it. The repo man said that if he did not bring it back that it would go to court and the people who sold it to him will seek restitution for it.
If my fiances brother does not turn it in or show up for court what can happen to him? Will he have to pay court fees? My fiance said the juge will sent it to a creaditor and they would have to pay them. Is this true??
Answers:
take it back before court save yourself the hassle went through this already still paying for it
If a Repo guy is trying to get the truck back , trust me he will eventually find it %26 take it. Even if your BF's brother parks it at the mall- Grocery Store, where ever. they will find it %26 take it.
If he does not show up for court, he has violated a court order %26 can have a warrent issued for his arrest. And he will not only have to pay his own court fees, but possibly the other parties fees as well...
If he does not show up in court, the creditor will get a default judgement against him. That will go onto his credit reports, AND the creditor will most likely garnish his wages. They will also place leins on any other property he might own. That judgement can last for decades, depending upon his state, so he won't be able to get financing in the future for a home or a vehicle, and probably won't be able to rent an apartment until he pays the money he owes.
If he does not turn over the ATV, the amount of the judgement will be higher. If he turns over the ATV, the creditor will sell it, and he will only have to repay the difference between how much he owed on it and how much they sold it for. If they don't get the ATV, they will want the total amount he owes on it.
As part of their suing him for the money he owes, the creditor will probably request that the court order him to pay for their costs in suing him. He will pay for their attorney, the filing fees for the court, and any other expenses they incurred in the collection process.
In addition, if he doesn't return the ATV, he could find himself arrested for theft since he doesn't own the ATV yet due to the loan. Those are criminal charges that could result in jail time, and legal costs.
If he returns the ATV, he won't have criminal charges. He can also present a defense to the money owed.
Oh, after they get the default judgement against him for not appearing, he's going to get another paper from the court some time in the next few month ordering him to appear in court for "interrogatories." That means that he will be ordered to come to court to give information on his assets. If he fails to go to court for this, he'll be arrested for failure to appear. That means jail time.
make the payments or give it up
If my fiances brother does not turn it in or show up for court what can happen to him? Will he have to pay court fees? My fiance said the juge will sent it to a creaditor and they would have to pay them. Is this true??
Answers:
take it back before court save yourself the hassle went through this already still paying for it
If a Repo guy is trying to get the truck back , trust me he will eventually find it %26 take it. Even if your BF's brother parks it at the mall- Grocery Store, where ever. they will find it %26 take it.
If he does not show up for court, he has violated a court order %26 can have a warrent issued for his arrest. And he will not only have to pay his own court fees, but possibly the other parties fees as well...
If he does not show up in court, the creditor will get a default judgement against him. That will go onto his credit reports, AND the creditor will most likely garnish his wages. They will also place leins on any other property he might own. That judgement can last for decades, depending upon his state, so he won't be able to get financing in the future for a home or a vehicle, and probably won't be able to rent an apartment until he pays the money he owes.
If he does not turn over the ATV, the amount of the judgement will be higher. If he turns over the ATV, the creditor will sell it, and he will only have to repay the difference between how much he owed on it and how much they sold it for. If they don't get the ATV, they will want the total amount he owes on it.
As part of their suing him for the money he owes, the creditor will probably request that the court order him to pay for their costs in suing him. He will pay for their attorney, the filing fees for the court, and any other expenses they incurred in the collection process.
In addition, if he doesn't return the ATV, he could find himself arrested for theft since he doesn't own the ATV yet due to the loan. Those are criminal charges that could result in jail time, and legal costs.
If he returns the ATV, he won't have criminal charges. He can also present a defense to the money owed.
Oh, after they get the default judgement against him for not appearing, he's going to get another paper from the court some time in the next few month ordering him to appear in court for "interrogatories." That means that he will be ordered to come to court to give information on his assets. If he fails to go to court for this, he'll be arrested for failure to appear. That means jail time.
make the payments or give it up
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