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A Judge who believes that he is biased should recuse themselves. If the Judge believes that he can fairly adjudicate the case, then he can; but most would not simply to avoid any appearance of prejudice.
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∙ 15y ago
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Who hear and decide on evidence in a court case?
Judge and mocercy
What is it called when a judge removes themselves from a case?
Recuse... judge is asked to step down due to conflict or other reasons.
Each district court has only one judge hearing each case?
False
When does the supreme court ask for a friend of the court brief?
when the Supreme court decides to hear a case, the petitioner and the respondent each prepare a written brief. In case where the outcome will affect a group, but the group is not involved in the case, a "friend of the court" brief may be requested.
The power of a court to judge the constitutionality of the laws of a government or the acts of a government official?
The power of a court to judge the constitutionality of laws was established in Marbury v. Madison. In that case, the Supreme Court held that the constitution gives the courts the power to interpret the laws applying the constitution.
What happens if plantiff doesn't show up in assault with deadly weapon case?
Well, the plantiff in a criminal case is (are) the people. So depending on the circumstances the case could be delayed or dismissed, at the perrogative of the judge.
When can the plantiff dismiss a case without prejudice?
The plaintiff cannot - that is a judge's prerogative. The plaintiff can REQUEST that a judge consider ruling that way, but it is up to the judge as to whether he will grant it or not.
Can a judge sign an order after she has been dismissed from hearing the same plantiff and defendants case?
Not really enough information given in order to answer. Sign an order for what? Affecting who? Who 'dismissed' the judge from the case? If you think the judge issued an improper order AFTER she no longer had jurisdiction over the case, take the order to the judge presently presiding over the case and ask him to "stay" the other judge's order.
Plantiff is not sentenced to prison in this type of case?
civil case
When defendant and plantiff live in different states In which state is the court case held?
The state in which the alleged incident occurred.
In a civil case the injured party is called the?
Plantiff
What parties are involved in a criminal case?
In a criminal law case there are 6 parties involved. These parties include the victim, the defendant or suspect, the defense attorney, the prosecutor, the judge, and the jury.
What to do if judge rules against you in debt collection case?
You can pay or appeal.
After being arrested and incarcerated for 4 days the case is later dismissed can you be arrested at a later time again?
If it is voluntarily dismissed by the prosecutor or the police department, the plantiff in the case CAN bring the case back to court at another time (if the second case is dismissed, you're in the clear after that.) If it was involunarily dismissed by the judge, then no.
What happens if plantiff doesn't appear in criminal case in nc?
There is no plaintiff in a criminal case. The state prosecutes.
What if the plantiff if you dont show for a court date will you have a warrant?
Not usually. You just lose the case.
Plantiff files civil suit over 1 year now plantiff files chapter 7?
The case must be listed in Schedule B as an asset, and the trustee can either take the case over or abandon it, depending on whether there is a realistic possibility the case will produce funds to pay the trustee and the unsecured creditors (the bankruptcy "estate"). Some states have statutes or rules that do not permit a case to just sit there for a long time. It may be dismissable for want of prosecution, which would not depend on the bankruptcy.
