Also known as: judicial proceeding · court proceedings
Written by attorneys · grounded in primary & secondary sources — see below
A formal process conducted before a court in which legal rights and obligations are determined. The term encompasses adversary criminal prosecutions once charges are filed as well as civil actions in which courts adjudicate disputes between parties.
Police showed Jason Jung to an eyewitness at the station two days after a robbery but before any charges were filed. Because no formal adversary judicial proceedings had begun, the Sixth Amendment did not require counsel at the lineup and the identification was admissible at trial.
Joy Jiang obtained a money judgment in a Florida court against Jones Petroleum. She presented the judgment in Georgia with the clerk's attestation and court seal. The Georgia court was required to give the Florida judicial proceeding the same force and effect it receives in Florida.
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Jeanette Jensen claimed a trust term existed even though it was not in the written instrument. She offered testimony that would be admissible in a judicial proceeding to prove the settlor's intent, satisfying the uniform trust code definition.
Judy Jacobs obtained a default judgment in State B against a subcontractor. When she sought to enforce it in State C, the constitutional command required State C to recognize the judicial proceeding from State B and give it the same effect it receives in State B.
Jordan Jenkins was presumed the parent of a child under the uniform parentage act. The presumption was overcome when another individual was adjudicated the parent in a judicial proceeding that satisfied the statutory requirements.
After Jillian James was indicted for fraud, officers deliberately elicited incriminating statements from her without counsel present. Because formal adversary judicial proceedings had begun, the statements were inadmissible under the Sixth Amendment.
The right attaches only after the initiation of formal adversary judicial proceedings. Pre-charge lineups and custodial interrogations before indictment or information therefore fall outside its protection.
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Properly authenticated records and judicial proceedings of one state must be given the same force and effect in every other state that they receive in the rendering state. The enforcing court may not relitigate the merits.
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A presumption of parentage may be overcome by adjudication in a judicial proceeding or by a valid denial of parentage under the uniform parentage act.
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Yes. Under the uniform trust code, a settlor's intent regarding trust provisions may be shown by other evidence that would be admissible in a judicial proceeding even if not expressed in the trust instrument.
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…A State is entitled to guard against potential abuses in such situations. Similarly, a State is entitled to consider that a judicial proceeding to make a determination regarding an incompetent's wishes may very well not be an adversarial one, with the added guarantee of accurate factfinding that the adversary process brings with…