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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?
- ?Lv 41 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.
- babyboomer1001Lv 72 months ago
Yes. It is very early on in the case.
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.
- StephenWeinsteinLv 72 months ago
Cases are supposed dismissed because of lack of evidence.
- Anonymous2 months ago
No. The DA would have to agree.
- SlickterpLv 72 months ago
For lack of evidence, sure. "Isn't fit for court" is very general, and not really.
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.
- Anonymous2 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 ?
- iansandLv 72 months ago
Of course. Courts run on evidence. If there is no evidence nothing is proved and a case will be dismissed.
- Christian SinnerLv 72 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.