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Why is the prosecution asking about irrelevant things like that? Why doesn't it continue like this: Q: But eventually you cancelled the credit card? A: Yes.
by cedilla 4y ago
Why is the prosecution asking about irrelevant things like that? Why doesn't it continue like this:
Q: But eventually you cancelled the credit card?
A: Yes.
Q: Despite your contractual obligation to pay?
A: yes, but they made it impossible to can...
Judge: You must only answer the question.
- lupire 4y agoThe defense gets to speak too. Court isn't a video game. Contracts can be unconscionable or otherwise illegal.
- UIUC_06 4y agoActually, the dialog would go like this: Q: But eventually you cancelled the credit card? A: Yes. Q: Despite your contractual obligation to pay? Defense counsel: Objection, your honor. Leading the witness. Judge: sustained Want to try again?
- morelisp 4y agoWatch fewer court shows please. This wouldn’t happen during a cross examination.
- synu 4y agoUsually at this point I believe the correct procedure is that someone shouts “I’m putting the whole system on trial” and then everyone is forced to acquiesce.
- UIUC_06 4y agoI've been to actual trials, and yes it does happen. You're right about one thing, though; it's much briefer. All the lawyer says is "Objection. Leading." They do it so much that they don't waste words like on TV.
- wanderingmind 4y agoThe verdict is given by jury in US. No jury is going to find you guilty for cancelling credit card after trying to unsubscribe.
- brewdad 4y agoThey will if you go into court and act like a smug asshole. Also, bench trials with only a judge are very much a thing in the US.
- wanderingmind 4y agoNot if you request a jury trial. A jury trial is a constitutional right under sixth amendment
- colejohnson66 4y agoOnly for criminal cases. Not civil, which these cases could be.
- UIUC_06 4y agoI'm not saying that's wrong, but I know that many or most patent infringement cases are tried in front of a jury. There are no criminal charges in those. So in at least some civil cases, one side can request a jury trial. I'm not sure in which ones.
- colejohnson66 4y agoYes. A jury trial can always be requested by either side. However, it’s up to the judge (or appeals courts) if the request is granted. The high stakes ones (that you hear about on the news) tend to have the request granted. My point was that they are only guaranteed by the Sixth Amendment for criminal trials. My wording wasn’t particularly clear about that.
- kelnos 4y agoIn most cases, since these sorts of subscriptions are pre-paid (that is, you pay for the month of service at the beginning of the month, before the service has been rendered), you can truthfully answer "I had no contractual obligation to pay". And no, the judge is not going to say "you must only answer the question" if you answer that way; "when did you stop beating your wife?" doesn't actually work in a court of law. Regardless, even if you did have a contractual obligation to pay, but found it impossible to cancel (assuming you're allowed to cancel without penalty), you could pretty safely answer "Yes" to that last question, and then your own lawyer would then expose the whole impossible-to-cancel situation when it's their turn to question you. Court of law isn't this "haha, gotcha!" thing.
- UIUC_06 4y agoCorrect. If there's an issue about whether a question is admissible, the lawyers argue it. If the judge decides it is, they just say "Overruled; answer the question." That's why your lawyer will tell you to look at them before answering.
- numpad0 4y agoShouldn’t it be more like “it was my understanding that going through the process that took place constitutes a lawful cancellation of the service provided” or something like that? “Yes, but I thought it’s okay” sounds like a bit self incriminating.
- matheusmoreira 4y agoDefense lawyers get to ask questions too, you know. They also get to object.