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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

Can the judge dismiss a case if there is a lack of evidence and just in general if they see it isn't fit for  court?

11 Answers

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  • ?
    Lv 4
    1 month ago

    It doesn't often get that far. BEFORE a trial, the evidence is brought before a grand jury. The grand jury hears the evidence and decides whether or not the person charged should go to trial.

  • 2 months ago

    Yes.  It is very early on in the case. 

  • ?
    Lv 7
    2 months ago

    There are 2 burdens a plaintiff has to meet  in order to prevail in a case: law and facts. If the plaintiff lays out a whole bunch of proof that he was injured, but does not establish that the defendant was responsible for causing the injuries, that can be a question of fact for the jury to decide. If the plaintiff proves he was injured and the defendant was responsible, but it is not disputed that the incident occurred 7 years ago, and the statute of limitations for commencing a suit is 6 years, the judge can dismiss the case on the law, and the jury doesn't decide it.

    In criminal cases, prosecutors  have deadlines, such as insuring defendants get a speedy trial. If the prosecutor doesn't meet the deadline, the case will be dismissed by the judge.

  • 2 months ago

    Cases are supposed dismissed because of lack of evidence.

  • Anonymous
    2 months ago

    No.  The DA would have to agree.

  • 2 months ago

    For lack of evidence, sure.  "Isn't fit for court" is very general, and not really.

  • ?
    Lv 7
    2 months ago

    Not in general, there are strict rules for dismissal, such as failure to state a cause of action or where facts alleged are insufficient to go forward. If there is a defect in pleading, the judges allow plaintiff to correct those. 

  • Anonymous
    2 months ago

    Judges ALWAYS dismiss a case if there is a lack of evidence. Because EVIDENCE is what's needed to hold a trail.  Judges swear an oath to uphold the law, so when evidence shows a law has been broken, they are breaking the law if they don't bring the case to court.  

    I'm not sure what " just in general if they see it isn't fit for court", means ?

  • 2 months ago

    Of course. Courts run on evidence. If there is no evidence nothing is proved and a case will be dismissed.

  • 2 months ago

    For any reason or no reason given. The Supreme Court did that again to Lindsey Powell again. No reason given. They don't want to see any evidence. So, not a fair trial because they refused to do their job. Chief Justice Roberts is a traitor to the country. And whoever else voted the trial down there.

    Supreme Court Chief Justice Roberts is a traitor.

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