History Main / StockLegalPhrases

** There is one situation where surprise evidence is somewhat often introduced—for impeachment (i.e. evidence that undermines the credibility of the witness). Impeachment evidence is often so prejudicial that the other side won’t bother to try to get it in (as a waste of limited time and resources), but often keep in reserve in case they "open the door" to bringing the evidence in.

** The United States introduced "affirming" in the 1780s to answer the objections of those whose religious convictions wouldn't let them say the "God" part or swear on Literature/TheBible, particularly Quakers (a powerful group in the powerful state of Pennsylvania).[[note]]Before this, 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.]] Which is in itself interesting, because [[Literature/TheBible the book they're refusing to swear on]] says "Do not swear [...] any other oath, but let your "Yes" be "Yes," and your "No," "No."[[/note]] To this day, Pennsylvania is home to one of the most variant swearings/affirmings-in ("Do you swear or affirm that you will tell the truth in the matter now trying?")

* "Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?" The last clause is occasionally dropped in some situations. There are innumerable variations on the swearing-in, and in some places even the various court clerks (who administer the oaths) may have different spiels ''in the same courthouse''.
** The United States introduced "affirming" in the 1780s to answer the objections of those whose religious convictions wouldn't let them say the "God" part or swear on Literature/TheBible. [[note]]Before this, 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.]] Which is in itself interesting, because [[Literature/TheBible the book they're refusing to swear on]] says "Do not swear [...] any other oath, but let your "Yes" be "Yes," and your "No," "No."[[/note]]

* "All rise!" Said by the bailiff when the judge(s) enter(s). (In the US). Today, many courts will only do this twice a day--once when the judge gets on the bench for the morning session at the beginning of the day and once when the judge gets on the bench for the afternoon session after lunch. If the judge takes a break during a session (whether it be to confer with the attorneys or his/her law clerk, to consult another judge for advice, or simply to use the facilities), it's not uncommon for the bailiff to say "please remain seated" when the judge returns to keep things moving along. [[note]] "[[Fanfic/{{SOSchip}} All ri-]]" (*is faced with a bunch of floating Pokemon who are physically unable to do so*) "[[Fanfic/{{SOSchip}} Erm... I apologize... let me rephrase that. If you can rise, rise. If you cannot because of the]] [[RealityEnsues physical limitations of your species]], [[Fanfic/{{SOSchip}} then]] [[RealisticDictionIsUnrealistic ple- please]] [[Fanfic/{{SOSchip}} remain where you are.]]" [[/note]]

* "May I approach the bench?". In Canada lawyers can do this without asking, but in most other Commonwealth jurisdictions you should ask if you're allowed to do that.

** Habeas corpus in the U.S. today is most commonly used by prisoners who have already been convicted, using the writ as a form of request for post-conviction relief. The argument is that if the trial and sentencing were unconstitutional or otherwise contrary to law, they should be released. This is most often done when there is newly discovered exculpatory evidence or new allegations of incompetence by trial defense counsel, and the prisoner is either a federal inmate or a state inmate who has been denied post-conviction relief under state law and believes the state courts were wrong about any federal constitutional claims.

** Another space where surprise evidence is a common occurrence is in the more "street-level" civil courts—small claims, landlord-tenant, and to a lesser extent family courts. These courts often operate on more relaxed rules of evidence, especially when it comes to prior disclosure of evidence. Most litigants in these courts are self-represented, so many formalities are dispensed with. As a result, surprise evidence is very common. The same is true at many "street-level" administrative hearings as well.

* "Perhaps this will refresh your memory." This one's pretty much pure Hollywood. In RealLife, both sides have to disclose to each other what evidence they will be presenting (with a few very specific exceptions) ''before'' the trial. Also, a SmokingGun is likely to lead to a plea bargain up front, saving the prosecution a lot of hassle.

** "The Prosecution/Defense is leading the witness" (The lawyer is asking questions in such a way that he is feeding facts to the witness or otherwise indicating what answer he wants the witness to give.) 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. See hostile witness below.

* "Withdrawn" (Said by an attorney to supposedly retract a statement before it is stricken from the record.) In most cases in RealLife, simply saying "withdrawn" isn't enough. You could be subject to penalties or fines. If you have a reputation for constantly making inflammatory statements (see [[Franchise/LawAndOrder Jack McCoy]]), you won't have any leeway at all, and you're likely to hurt your case by trying to pull this off. You'll also push yourself closer and closer to mistrial with each offense. It is also used in a less confrontational context when a lawyer admits that opposing counsel's technical objection to a question (usually in the wording, and most usually that the question is leading) is correct; this is done to show the judge or opposing counsel the courtesy of not picking needless fights, and is usually followed by a more carefully-worded question.

* "Withdrawn" (Said by an attorney to supposedly retract a statement before it is stricken from the record.) In most cases in RealLife, simply saying "withdrawn" isn't enough. You could be subject to penalties or fines. If you have a reputation for constantly making inflammatory statements (see [[Franchise/LawAndOrder Jack McCoy]]), you won't have any leeway at all, and you're likely to hurt your case by trying to pull this off. You'll also push yourself closer and closer to mistrial with each offense. It is also used in a less confrontational context when a lawyer admits that opposing counsel's technical objection to a question (usually in the wording) is correct; this is done to show the judge or opposing counsel the courtesy of not picking needless fights, and is usually followed by a more carefully-worded question.

* "Withdrawn" (Said by an attorney to supposedly retract a statement before it is stricken from the record.) In most cases in RealLife, simply saying "withdrawn" isn't enough. You could be subject to penalties or fines. If you have a reputation for constantly making inflammatory statements (see [[Franchise/LawAndOrder Jack McCoy]]), you won't have any leeway at all, and you're likely to hurt your case by trying to pull this off. You'll also push yourself closer and closer to mistrial with each offense. It is also used in a less confrontational context when a lawyer admits that opposing counsel's technical objection (usually as to form) is correct; this is done to show the judge or opposing counsel the courtesy of not picking needless fights, and is usually followed by a more carefully-worded question.

* "Withdrawn" (Said by an attorney to supposedly retract a statement before it is stricken from the record.) In most cases in RealLife, simply saying "withdrawn" isn't enough. You could be subject to penalties or fines. If you have a reputation for constantly making inflammatory statements (see [[Franchise/LawAndOrder Jack McCoy]]), you won't have any leeway at all, and you're likely to hurt your case by trying to pull this off. You'll also push yourself closer and closer to mistrial with each offense. It is also used in a less confrontational context when a lawyer admits that opposing counsel's objection is correct; this is done to show the judge or opposing counsel the courtesy of not picking needless fights, and is usually followed by a more carefully-worded question.

* "Withdrawn" (Said by an attorney to supposedly retract a statement before it is stricken from the record.) In most cases in RealLife, simply saying "withdrawn" isn't enough. You could be subject to penalties or fines. If you have a reputation for constantly making inflammatory statements (see [[Franchise/LawAndOrder Jack McCoy]]), you won't have any leeway at all, and you're likely to hurt your case by trying to pull this off. You'll also push yourself closer and closer to mistrial with each offense.

* "Chambers, Your Honor!" (The attorney wants to discuss a legal point in the Judge's office to complete privacy for a prolonged amount of time. Note that saying it this way would be considered extraordinarily rude; a more typical way would be "Your Honor, I respectfully ask permission to discuss this issue outside the courtroom.")

* "All rise!" Said by the bailiff when the judge(s) enter(s). (In the US). Today, many courts will only do this twice a day--once when the judge gets on the bench for the morning session at the beginning of the day and once when the judge gets on the bench for the afternoon session after lunch. If the judge takes a break during a session (whether it be to confer with the attorneys or his/her law clerk, to consult another judge for advice, or simply to use the facilities), it's not uncommon for the bailiff to say "please remain seated" when the judge returns to keep things moving along. [[note]] "[[Fanfic/{{SOSchip}} All ri-]]" (*is faced with a bunch of floating Pokemon who are physically unable to do so*) "[[Fanfic/{{SOSchip}} Erm... I apologize... let me rephrase that. If you can rise, rise. If you cannot because of the [[RealityEnsues physical limitations of your species]], then [[RealisticDictionIsUnrealistic ple- please]] remain where you are." [[/note]]

* "All rise!" Said by the bailiff when the judge(s) enter(s). (In the US). Today, many courts will only do this twice a day--once when the judge gets on the bench for the morning session at the beginning of the day and once when the judge gets on the bench for the afternoon session after lunch. If the judge takes a break during a session (whether it be to confer with the attorneys or his/her law clerk, to consult another judge for advice, or simply to use the facilities), it's not uncommon for the bailiff to say "please remain seated" when the judge returns to keep things moving along.

* "Be upstanding (in court)" is the British version of "All rise!"

** Some people apparently try to 'take the fifth' in Canada, forgetting that it's a ''different country''. [[http://laws.justice.gc.ca/eng/charter/page-1.html It's the "eleventh" there.]]

[[caption-width-right:324:Okay, now you're just being silly.]]

* "You don't have to answer that." (A judge can direct the witness not to answer if an objection to the question is sustained. The lawyers ''can't'' (and it's a punishable offense), but will try to do so anyway, at least on TV.)

** "Witness is not an expert" (Witnesses can only state facts, like what they saw. An expert witness can give opinions, like how long it was between when the victim died and when the police found them, etc.). Getting someone qualified as an expert is either an easy process (a few questions and then asking the court to recognize their expertise), or not contested (prosecutor and defense counsel agrees to the expertise beforehand, and the court is so notified).