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FAQs
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I’m being sued and I’m representing myself in court. How do I fill out the form called “answer to complaint”?
You can represent yourself. Each form is different per state or county but generally an answer is simply a written document which presents a synopsis of your story to the court. The answer is not your defense, just written notice to the court that you intend to contest the suit. The blank forms are available at the court clerk’s office and are pretty much self explanatoryThere will be a space calling for the signature of an attorney. You should sign your name on the space and write the words “Pro se” after your signature. This lets the court know you are acting as your own attorney.
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Who is on the short list for consideration to fill a vacancy in case one of the Justices leaves the US Supreme Court?
A name I hear proposed all the time is Sri Srinivasan. He was appointed by President Obama to the D.C. Circuit Court of Appeals in 2013, is a former Deputy Solicitor General, has argued 25 Supreme Court cases, lectured at Harvard, and has been a very successful lawyer in both public and private practice.He is an excellent writer, clearly sharp, and I attended an event where he was very engaging and charismatic. He also seems to have good relations on both political sides, so his would not be as contentious a nomination as a more strident liberal would be.
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How do I fill in the anti-ragging form for the IISER-K? Do I have to attach a court paper, or is the signed form enough?
I do not think you need to submit some other court document along with the signed form. While I got admitted to IISER K, I gave the signed form only.Note that even if you miss some document they will provide you approx 1 month of time to submit them after provisionally admitting to the institute.
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In the U.K. legal system, does a Crown Court dispense a higher form of justice than a Magistrates' Court? Where would you prefer to be tried?
There is no U.K. legal system. Thus there is no thing as British Justice.England & Wales, Scotland, and Northern Ireland are THREE separate jurisdictions. They have their own court system, judiciary and legal profession.Scotland is more markedly different due to historical reasons. The 1707 Act of Union that united Scotland and England to form Great Britain contains express requirements that Scotland’s Courts and legal system ARE NOT to be merged with England.England & WalesThe English & Welsh Court system is below. The Magistrates’ Court is the lowest court. It can only preside over issuing emergency orders or minor offences triable under Summary Procedure. Slightly more serious ‘triable either way’ offences can be heard by the Magistrates if the Defendant consents. Otherwise they go up to the Crown Court a long with the most serious offences ‘triable on indictment’.The Magistrates have limited powers of punishment - one year’s maximum imprisonment or suspended sentence and limited powers to fine. Thus if a more serious punishment is needed the case goes up to the Crown Court for sentencing.Appeals on points of Law go to the Divisional Court of the Queen’s Bench Division of the High Court.The English & Welsh Legal profession has Solicitors & Barristers. Barristers have “Chambers”.The head of the Judiciary in England & Wales is the Lord Chancellor. The most senior Judges are Lord Chief Justice & the Master of the Rolls.ScotlandThe Scottish Court system is below - you will note that there is no Magistrates’ Court or Crown Court! A criminal case is assigned purely by the decision of the public prosecutor - Procurator Fiscal. Thus the Accused (as a defendant is called in Scotland in criminal cases) does not get to consent to where intermediate offences are tried.The highest court of criminal appeal in Scotland is the High Court of Justiciary. The highest court of civil appeal is the Supreme Court of the U.K.The legal profession in Scotland is divided into Solicitors and Advocates. Advocates have “Stables”.The head of the Judiciary in Scotland is the Lord President of the Senate of Justice (the Court of Session is the Senate of Justice). The Judges that sit there are “Senators of Justice. The Lord President of the Senate of Justice is also the most senior Criminal Judge. When the Lord President sits in the High Court in Criminal matters they are known as Lord Justice General of the High Court of Justiciary.Northern IrelandThe Northern Irish Court system is below. The differences between Northern Ireland and England & Wales are not as dramatic. Although the legislation and regulations governing the exact jurisdictions of the Courts in Northern Ireland are different. The Court of Appeal in this diagram refers to the separate Northern Irish Court if Appeal in Belfast. It should not be confused with the distinct Court of Appeal shown in the English & Welsh diagram.In Northern Ireland the legal profession is divided into Solicitors & Barrister.
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What are the differences in sentences between the magistrates' court and the Crown Court?
The maximum sentence in the Magistrates’ Court is 6 months imprisonment or 12 months for 2 offences that could be dealt with by the Crown Court (‘either way’ offences).The Crown Court can pass any sentence, up to the maximum for that particular offence.
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How do we go directly to a high court without going to a district appellate court in appealing the decision of a lower court?
Go to High Court and file the relevant appeal petition at the filing section.Most probably, such appeal will be dismissed and the case sent back to the district court and a remedy is already available at district level.
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