For instance, if there are a plaintiff and defendant in the courtroom and neither really know how to proceed, the Judge can ask questions about what happened, ie; what the plaintiff is suing for. Example: Joe takes his car to Jim’s Car Center to have a new transmission put in the vehicle. He gets his car back and 2 days later it dies.
Originally Answered: Lawyers are usually told to never ask a question they don't know the answer to. What do they do if a witness gives an unexpected answer to a question?
“If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,” It’s imperative that both the lawyer and the client approach one another with complete honesty, attorney Paul Edelstein, tells Reader’s Digest.
What does the judge say in court? They ask everyone to stand up to show respect for the Judge, the court and the law by saying: “All rise. This court is now in session.” Judge comes in, sits down and tells everyone else to be seated.
Examination, Direct Examination, Examination-in-chief: The questions which the lawyer asks his own client or witnesses called by him.
After the defendant has spoken, the judge will announce the sentence. This is generally done directly following the presentations or after a very short recess. In longer, complex cases the judge may take a day or so to determine a sentence, but even in these cases this is rare.
A judge is, by law, permitted to question the witness. However, this power is not without its limits. The purpose of questioning by a judge should be to protect the record or direct the presentation of evidence and such questioning may not go further. As the New York Court of Appeals noted in People v.
Answer the question asked, not the question you wish the judge asked. If it calls for a yes or no answer, say yes or no, followed by an explanation that supports your theme for the case. Answer the questions; do not evade a question, say “I'll get to that later,” or defer answering in any other way.
Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence.
Judge: “Prosecution, are you ready to begin.” Prosecution: “Yes your honor.” Judge: “The prosecution may make its opening statement.” “Your Honor and members of the jury, we know that _____________________ is guilty of violating the law.
It is the duty of a judge to discover the truth and for that purpose, he may ask any question in any form at any time to the witness about any fact relevant or irrelevant related to the case but this he must do without trespassing the function of the counsel and without appearing to frighten the witness.
Do Not Exaggerate. Specifically, do not make over-broad statements that you may have to correct. Be particularly careful in responding to a question that begins “Wouldn't you agree that . . .?” The explanation should be in your own words; do not let an attorney put words in your mouth. Explain your answer if necessary.
Short answer: If you ask the question carefully, you can absolutely compel a witness to give a yes or no answer, although usually only on cross-examination.
Never make a definitive statement Always say "that is all I remember" instead of "That is everything, nothing else," as it leaves room for correction. You can get yourself in trouble this way and make it seem like you were hiding something in your original statement.
The right to silence is literally the right to remain silent – the right to not say anything, give information or answer questions. Even if the Police ask you a direct question, you have a right to not answer it. You are not obliged to say anything.
Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...
If possible, it is a good idea for you and your spouse to enter the designated courtroom at the same time. Your case will be called according to your last name and case number, referred to as the docket number.
The two findings he or she must make before granting the divorce decree are: Confirm that under Massachusetts law, there are legal grounds for the divorce, like an “irretrievable breakdown” of the marriage, or any other reason allowed by law. Is the agreed upon Separation Agreement “fair and reasonable.”. The judge will ask both you and your spouse ...
After you have gone through the grueling process of working out an agreement with your soon-to-be ex, there is still one step left. You and your spouse are both required to appear in court to answer a few questions posed to you by the family law judge. In an uncontested divorce, even when the parties have had their attorneys help them work ...
The judge may ask you to sign the financial disclosure in the presence of the court . If you are the wife, you may be asked if you want to keep your married name, or resume using your maiden name. Additionally, the judge will review each section of your Settlement Agreement to be sure it is fair, reasonable, and complies with the law. ...
Although the judge may ask you about any behavior that may affect the children, the court may not question whether or not there was adultery by either party. The court will primarily focus on the Separation Agreement to be sure you both signed it voluntarily and that you are willing to abide by its terms. Some questions the judge may ask that you ...
If the judge repeatedly advises the defense lawyer to stay away from a particular topic, and the lawyer refuses, the judge will likely admonish the attorney in front of the jury and warn him not to do it again. In extreme cases, the judge can fine or sanction the attorney for disobeying a court order. In defense, the defense lawyer will argue that ...
After the first few times asking the same question he is told he cannot ask, the jury will quickly realize that there is something wrong with the question or the topic.
The attorney for the injured victim, also known as the plaintiff's attorney, keeps jumping up to object. The judge keeps yelling "Objection sustained !". That means the attorney cannot ask that question and the witness is not to answer it.
The defense lawyer knows full well that after the judge sustains the objection, he cannot ask that question again. You can however try and ask it in a different way. The defense attorney will also know that after repeated attempts to ask a similar question, that by continuing to ask the same question over and over again, ...
In extreme cases, the judge can fine or sanction the attorney for disobeying a court order. In defense, the defense lawyer will argue that he is doing what he is required to do in order to properly defend his client and preserve his client's rights.
First, the judge will ask your name, date of birth, address, and possibly your Social Security Number. You will usually be asked if you were in the military and if you are married, single, or divorced. These are questions that are easy for most people. However, once those questions are answered, you will be asked about your disability.
So, instead of answering with general statements, be specific. Likewise, if the judge asks how many pounds you can lift, the answer isn’t “not very much.”. The answer is 5, 10, or the number of pounds you could lift repetitively throughout ...
SSA hearings are informal. They are also private, which means the public cannot come in and out of the court room. The only people who will listen to your testimony are the people in the hearing. This is typically the Judge, your attorney, the court reporter, and possibly a vocational or medical expert who is hired by the SSA. ...
If you cannot walk for more than 10 minutes at a time due to back pain or some other problem, tell the Judge. The more specific you are in your answers, the more the Judge will understand your limitations.
For example, if you have Anxiety, the Judge may ask if you have panic attacks at work. Your answer should not simply be “yes.”.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”
“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.
On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.
In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.
The rationale for this suggestion was that witnesses can blurt out all kinds of information, and because such 'blurts' can contain communication undesirable for one side of a conflict, it is often information a lawyer might not want a judge and/or jury to hear.
Lawyers are often told to never ask a question to which they don’t know the answer. What do they do if a witness responds to a question with an unexpected answer?
Your lawyer needs to know the results you desire at the end of the suit. It helps them to work towards attaining them. For instance, if you want monetary compensation for something terrible that was done to you, let them know. Do not forget to tell them the amount you think would be enough for you.
A lawyer will want to know every single detail of your case. This includes the circumstances that forced you to file the suit. When answering this question, be as honest as possible. Do not withhold any important information from your attorney. It will increase your chances of winning in court.
You can even ask them to lower them for your convenience. Most lawyers have no problem negotiating with their clients. These are some of the many questions that your attorney might ask you during your first meeting. Be as genuine as possible because it will lay a solid foundation for your working relationship.