katie431
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| Joined: 03 Aug 2012 |
| Total Posts: 117 |
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| 31 May 2013 11:15 AM |
= UNITED STATES OF AMERICA - JUDICIAL SERVICES =
United States of America. It has been a continued motion of debate of the community of the workings of a judicial appearance in the rooms of justice and law, or a trial. This document has been made to clarify the procedures and motions of a legal court appearance. (To the Department of Justice, failure to follow may result in removal from position.) All of these procedures should and must be followed.
>//: Contents :\\< - [P] Prologue [1] Court Roles [2] Dispositions [3] Opening Statements [4] Direct Examination [5] Cross Examination [6] Address to the Audience [7] Closing Statements [8] Magistrative Decision
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There are many types of court procedures in the United States. Be it, there are 50 states and 1 federal district, other regions call for other ideals. This one, however, will be used by ALL federal judges.
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Ok, so there are many roles in the court room, all calling for different tasks. These are necessary for a proper case:
> Judge - Oversees the court room. Referred to as "Your honor" at all times, the judge makes all rulings in the court room. If the punishment is deemed innapropriate, one can sue to the Supreme Court on terms of "cruel and unusual punishment". Failure to give your greatest respect, by interrupting, arguing, disturbing, etc... can result in the judge to apply "Contempt of Court" which is going to add to your punishment, or give you a separate one.
> Count Clerk - Is the "Honorable Assistant" of the judge. His/Her task is to receive all evidence/exhibits used by the case, and administer it to the judge. They must record the complete trial from the moment of "Court is Now in Session" to "Case Dismissed". This record is called a "transcript" and if the court decision is appealed to the Supreme Court, the transcript must be administered.
> Baliff - Court Gaurd. Appointed by the judge, their duty is to ensure the court room is at rest, and use of force may be necessary. All prisoners called to the court must be escorted and gaurded by the baliff at all times. Usually, no more than 2 are needed. At the beginning of the trial, they state the following statement, "All to attention, court is now in session. The Honorable {Judge's Name Here} is presiding."
> Defendant - The one being sued, or taken into court. They will present first in all situations. The right 5th and 6th amendments are present, but the 1st is limited.
> Plaintiff - The one suing, or taking the case to court. They will always act after the defendant. The right 5th and 6th amendments are present, but the 1st is limited.
> Attournies - The Defense and Prosecution. Only government approved agencies/companies may call on a group of lawyers.
> ***Grand Jury - Our amendments grant us a right to a jury of our peers. The Defense may request that a jury will be seated, which will be randomly be chosen by the Count Clerk or Judge.
> ***Jury Foreman - One of the members of the Jury, chosen by the jury members themselves, who will announce their results of their decision.
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> Dispositions
Starting with the Defence, both sides state exactly what they saw/experienced. No hearsay.
Objections NOT allowed, nor interruption/argument. Both sides have the opportunity to say what they wish to say, without interruption.
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> Opening States
Again, starting with the defense, both sides will explain why they are innocent, and the other is guilty. You will use key phrases, and at this point, MAKE YOUR ARGUMENT CLEAR. Repetition shows ambition to win the case. You will tell the audience of what you are going to present this case. For example, "You will hear a testimony from witness Wowgnomes" or "The video of the murder that day will be shown by Katie431" and so on. Don't go too much into detail, but don't leave anything out.
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> Direct Examination
The first round of questioning. Starting with the defense, the key members of the case will be questioned. Witnesses will not appear, but the Plaintiff and the Defense will see the stands for direction questions. No objections allowed. For example: "Wowgnomes, in your disposition, you said you were away for the weekend, but now you tell me you were at D.C. patrolling?" Try to get the persons to trip over themselves.
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> Cross Examination
You now call witnesses, experts, etc... to the stand. Yes, you can now object. You can only object for certain reasons however. Here are a list of the ones you will use:
Badgering the Witness (Verbally attacking the witness) Leading the Witness (Leading the witness to answer questions the way you want it) Tampering Evidence (Photoshopping, etc...) Relevence (Asking questions not related to the actually situation) Hearsay/Opinion (What someone else told you, or what you think)
(When objecting, you state why/how you are objecting, and the Judge will follow through with "Sustained" which means the question is not taken into consideration, or he will say "Overruled" which means the question will continued with, and the objection won't be used.)
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> Address to the Audience
Any last statements to the Jury or Judge. Surprise witnesses, evidence, etc... which you may have forgotten before.
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> Closing Statements
It is basically the summary of your side of the trial. Any last words, use the key prhases from your opening statement, and so on. Try to bring sympathy for your side. This is the last thing your side will present, so make it good.
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> Magistrative Decision
The Judge will ALWAYS have the final decision, even over the Jury. The Jury may find whoever guilty or not guilty, but the Judge can always overrule that decision with his own. Don't forget, if you are the Judge or Jury, and you find the defense guilty or not guilty, you can NOT find the prosecution guilty of something. Remember, the prosecution is the host, if you feel he is guilty, take him to court yourself another time. Good luck to you all!
- [USA] Commission on Civil Rights, Chairman | Katie431 - [USA] Commission on Civil Rights, Vice Chairman | Ms75 - [USA] Board of Executives | Wowgnomes - [USA] Department of Justice, Attourney General | General832 - [USA] President of the United States of America | NightgaladelD |
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che46
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| Joined: 21 Oct 2010 |
| Total Posts: 5509 |
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Sadcamp
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| Joined: 05 Nov 2010 |
| Total Posts: 21729 |
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| 31 May 2013 11:22 AM |
Potato's.
Haha.
You can't erase this you darn 'Muricans.
MOIST. |
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| 31 May 2013 12:42 PM |
| When you mention the Judges it is funny; considering there are only 2. |
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brown88
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| Joined: 04 Mar 2012 |
| Total Posts: 116 |
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| 01 Jun 2013 12:26 AM |
| I would like to appeal a court case or get a new(or trial someone) one how would I go about this? |
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drels
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| Joined: 20 May 2013 |
| Total Posts: 3341 |
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| 17 Jun 2013 09:23 PM |
| yeah im not much of a fighter but my way of words are pretty great. |
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| 11 Sep 2013 08:38 PM |
| The Jury makes the final decision if guilty/not guilty in real life court, why have a jury? |
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