History Main / StockLegalPhrases

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** Parodied in an {{xkcd}} strip where Black Hat Guy pleads the ''third'' amendment [[http://xkcd.com/496/ during a congressional hearing.]]\\

* "I take the Fifth." This refers to the 5th Amendment to the U.S. Constitution, specifically the provision that no person "shall be compelled in any criminal case to be a witness against himself." Also heard as "I hereby invoke my Fifth Amendment privilege" or "I refuse to answer on the ground it may tend to incriminate me." Technically, a jury is not supposed to regard taking the Fifth in any prejudicial light, but human nature being what it is, it's impossible to make sure that they follow that. Often subverted by people yelling the incorrect amendment.

* "Permission to treat the witness as hostile?" This gives the attorney the right to be more abrasive and direct in their line of questioning, and avoid an objection for badgering the witness.

** Note that simply asking the court for permission to do this is usually insufficient. You need to have a good reason to do so (the witness contradicted themselves, or have changed their testimony from pre-trial discovery). Otherwise, expect to be overruled.

* "I take the Fifth." This refers to the 5th Amendment to the U.S. Constitution, specifically the provision that no person "shall be compelled in any criminal case to be a witness against himself." Technically, a jury is not supposed to regard taking the Fifth in any prejudicial light, but human nature being what it is, it's impossible to make sure that they follow that. Often subverted by people yelling the incorrect amendment.
** Oddly it pops up in ''{{Persona 4}}'', despite being set in Japan (where an equivalent protection against self incrimination exists)... the only rational explanation is it is done as part of the TranslationConvention.

** Some people apparently try to 'take the fifth' in Canada, forgetting that it's a ''different country''...
** The more formal version of invoking the Fifth Amendment is to say "I refuse to answer on the ground it may tend to incriminate me."

** In the United States you don't have to say the God part, or swear on a [[TheBible Bible]]. [[hottip:*:Anymore. A few centuries ago, though, before the present Constitution, it wouldn't be a stretch that anyone who ''wouldn't'' swear on a Bible [[BurnTheWitch might find themselves tied to a flaming piece of wood]].]]
*** Nevertheless, in AynRand's play ''Night of January 16th'', a judge forces Karen Andre to affirm despite her objecting as an atheist to the "so help you God" part.

** In the United States you don't have to say the God part, or swear on a [[TheBible Bible]]. [[hottip:*:At least, not in ''modern'' times. A few centuries ago, though... well, maybe it wouldn't be a stretch that anyone who ''wouldn't'' swear on a Bible [[BurnTheWitch might find themselves tied to a flaming piece of wood]].]]

* "May I approach the bench?". I know of one Canadian law student who requested this during a mock trial, only to be informed that it was only done in the US and/or on TV, and he should just approach without asking.
** Funny that. In most other Commonwealth jurisdictions you should ask if you're allowed to do that.

* "I [[strike:plead]] take the Fifth." This refers to the 5th Amendment to the U.S. Constitution, specifically the provision that no person "shall be compelled in any criminal case to be a witness against himself." Technically, a jury is not supposed to regard taking the Fifth in any prejudicial light, but human nature being what it is, it's impossible to make sure that they follow that. Often subverted by people yelling the incorrect amendment.

* "Beyond a reasonable doubt." / "So that you are sure" (In the UK the former was replaced by the latter because juries often had difficulty establishing what a "reasonable doubt" was.)

* "Objection!" The CatchPhrase of the ''AceAttorney'' games. Some common objections:

* "Objection!" The MagicFranchiseWord of the ''AceAttorney'' games. Some common objections:

* "Does the defendant plead guilty or not guilty?"

*** Note that during cross-examination, a certain amount of leading is allowed, on the grounds that the person testifying is not on the side of the lawyer doing the questioning, and might need some additional pointers to reach the conclusions needed.

** "Speculation" (the lawyer is asking the witness to essentially guess about something)

* "Order in the courtroom!" The Judge says this while banging a gavel. Failure to maintain order in the courtroom might result in expulsion from said room, or even being held in contempt.

* "Witness, please answer the question." (If a witness is asked a question on the witness stand, they don't have the option of not answering. They must either answer the question or provide a reason why they can't (Fifth Amendment being popular). Simply stalling or avoiding the question entirely can result in contempt of court or even perjury charges.)

** "Relevance"
** "Speculation"

* "Order in the courtroom!" The Judge says this while banging a gavel.

* "Witness, please answer the question."
* "You don't have to answer that."

*** Or, of course, if one of the witnesses ''other'' than the defendant was a party to the crime, or committed some other crime that comes up during cross-examination.

* "I rest my case."
**What does that even ''mean''?
*** That the prosecution or defense believes they have adequately presented their arguments and examined necessary witnesses. Basically, they' done.

* "I plead the Fifth." This refers to the 5th Amendment to the U.S. Constitution, specifically the provision that no person "shall be compelled in any criminal case to be a witness against himself." Technically, a jury is not supposed to regard pleading the Fifth in any prejudicial light, but human nature being what it is, it's impossible to make sure that they follow that. Often subverted by people yelling the incorrect amendment.

** Some people apparently try to 'plead the fifth' in Canada, forgetting that it's a ''different country''...