What is the origin of &quot;friend of the court&quot;? Just curious. As a non-lawyer, I often see the phrase &quot;friend of the court&quot;. It is obvious to the layman what it means, but when and where did this first become &quot;a thing&quot;?
England. A long time ago. The amicus curiae1 probably has its roots in English Common Law and not, as Wikipedia says, in Roman Law. Notwithstanding, it’s very old: possibly pre-dating the Norman invasion. As such, it’s origin and early development would be a very niche area of study for a historian and is likely to have fragmentary records. 1 Crema, Luigi. &quot;The Common Law (And Not Roman) Origins of Amicus Curiae in International Law – Debunking a Fake News Item&quot; Global Jurist, vol. 20, no. 1, 2020, pp. 20190038. https://doi.org/10.1515/gj-2019-0038
This probably isn't a ground for an appeal. While a party arguing to reverse a trial court's decision must show that the argument that they are making on appeal was "preserved" by that party at trial by making that argument in the trial court, the converse is not true. Indeed, one of the rules of appellate practice is that a trial court's ruling will be upheld for any reason supported by the evidence even if it wasn't made by any party at trial. Generally speaking, a trial court isn't supposed to try a pro se party's case for them, but once the evidence is in, the court is free to do original legal research and come to a conclusions contrary to the arguments made by either of the parties. A judge is supposed to correctly apply the actual law to the facts notwithstanding the efforts of the parties to lead it astray. This doesn't systemically happen in favor of one party or the other in my experience, but is more common when one or both parties is relatively inexperienced in the relevant legal field. Appellate courts also come to conclusions about the law not advanced by either party on a regular basis. If anything, this is even more common in the area of administrative law, where the judge is likely to be a subject area specialist, than in ordinary civil litigation. It is also more common in administrative law because a judge in that context is more focused on the institutional implications of a bad precedent than trial court judges in ordinary courts. (PS is there a technical term for the rules concerning the "role" of the judge in a court, what they supposed to do, and not supposed to do?) Probably, but there isn't any term that comes readily to mind. If I can think of one, I will update this answer.
I'm sorry to deflate what is clearly a very philosophically interesting question, but the law is straightforward here. The truth, essentially, is the set of facts that you believe to be true. Yes. It means that you will not lie by omission, and that you will provide the relevant facts. No, you don't need to recount history since the first instant of the big bang. Only expert witnesses may answer by giving their opinion or evaluation. This is presumed accurate by their experience and where it is not accurate, the other side may present opposing expert witnesses to contest their conclusion or evaluation. Laypeople are permitted to answer only with their recollection of facts. Lawyers may not ask them what their opinion is, although by your definition every question is about opinion, since perception and memory is limited. But the question "What colour was Mr Smith's house?" and "What architectural style informed the facade of Mr Smith's house?" require different amounts of expertise and opinion. "Truth" isn't jargon, or even technical language here. I generally aim to be truthful, and so when someone asks me what time it is, I don't feel compelled to answer to the nano/picosecond. Would you call me a liar? Am I lying by omission? Similarly, if someone asks me what colour a car is, I don't feel compelled to say "I can't possibly know, because my perception may differ from yours. If you honestly feel that when someone asks you to be truthful about something, then you must either be lying, or lying by omission if you don't start your answer with the first instant of the big bang, your problem is not one of law.
The wording is a little confusing, but I interpret it as saying the following: Normally, discovery in a court case allows either party to demand documents from the other, to be used as evidence. However, our courts have exceptions; certain documents might be 'privileged against discovery', meaning they couldn't be demanded in that way. If one of those exceptions would apply to a document under court rules, then you can't request it under Freedom of Access either. To know what those privileges are, and how broadly they apply, you'll have to consult the rules of court procedure for your state.
The concept of law predates writing. "Law" refers not only to the system of rules, as your definition notes, but to the individual rules making up that system (for example, there is a law that prohibits theft). An act is, more generally than the definition you quote, a thing that is done (for example, someone who is discovered committing a crime can be said to have been "caught in the act.") This also does not depend on writing. In our literate times, however, when a legislature (or any body, such as a corporate board of directors), wants to achieve something, someone writes a description of a proposed result. When the body makes a formal decision to adopt the written document (by a vote, for example), it is deciding to do the thing described in the document; that is, it is deciding to act. Typically, for a legislature, the thing it's doing is to create, modify, or repeal a law. It's not very difficult to see how a document that describes a legislature's desire to act came to be called an act. In some contexts, however, it can also be called a law. So the word law can refer to the entire system (as in law school), to a particular act (as in the legislature passed a law today called the XYZ Act), or indeed to a particular rule or section of an act (as in the law in question is subparagraph 2(B)(ii)(b) of the XYZ Act). Law can also refer to case law, of course, or regulatory law, so we tend to use statutory law or statute to denote the laws created through the legislative process. In conclusion, the word "law" has several related meanings, so its use can be imprecise. When speaking about specific paragraphs, precision may be in order. In a case like this, where a paragraph create exceptions to rules laid out in a preceding paragraph, it doesn't make a lot of sense to describe each paragraph as a "law." The numbered items in statutory text can be called many things, and usually have different names depending on the level at which they are found. So I would not know whether these are sections, subsections, paragraphs, subparagraphs, or something else. If I were unable to find the correct terminology for (in this case) India, would probably use a generic term like "items."
This is a perfectly common question. &quot;What is your full name?&quot; &quot;Do you have any aliases?&quot; &quot;What other names do you go by?&quot; Like any other question, though, it must be relevant, and you should be prepared to explain why it is relevant. If the court allows the question, the defendant must answer.
If you have something to say, you should have said it before now When a judge is about to hand down a decision the case is all but over. Just like figure skating at the Olympics, the points are scored even if nobody but the judges know what they are yet. The onus is on the parties to bring forward all the evidence and make all the submissions on the law that they want the judge to consider before and during the hearing. If they didn't then that's their fault and they can't introduce new stuff now. Now, it's not uncommon for a judge to share their thoughts during the hearing or in writing when considering written submissions. This is because their thinking on the law is at variance with what the parties are contending. The plaintiff says the law is X, the defendant says the law is Y, the judge thinks they're both idiots and the law is clearly Z. They will usually call for submissions on this because the judge's role is to decide the dispute between the parties on the evidence the contend -not to impose the judge's interpretation on them; by doing this the parties may relies the judge is right and a lot of the dispute disappears or they may convince the judge that they are wrong (it's not unknown) and move on from a clear agreed position.
This is largely congruent with* the doctrine of laches. The basic idea, under common law, is that you can lose rights by failing to assert them. This is generally important for many reasons, but specifically in the case of appeals: The argument should have been brought before the trial court. Justice is not a game, but it's important to recognize that the party trying to raise the argument had an opportunity to do so already. They have given up their right to raise this argument, and extending them the privilege of doing so is (for the following reasons) not good for the system. Courts of appeals are typically not well-equipped to evaluate factual evidence. It is not their area of expertise. Witnesses or evidence may be less available. It's just not practical to try to adjudicate factual issues on appeal, most of the time. If anyone could get an appeal by bringing new factual arguments, then everyone would do that. You'd bring your strongest argument before the district court, and then if that fails, bring the second strongest before the circuit court. That way, you get an extra trial. This is inefficient. Allowing factual arguments on appeal would encourage attorneys and their clients to strategically bring different facts before different courts. This kind of forum-shopping is harmful because it has little to do with who has the stronger overall case, and more to do with who has the better lawyer. * "Congruent with" is not the same as "an instance of"; this rule is not formally an application of laches. It just happens to share the same justification.