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Stock Legal Phrases: Difference between revisions
trope->Useful Notes
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[[File:medium phoenix wright objection .gif|frame|link=Phoenix Wright: Ace Attorney]]
{{quote|'''Judge''': Are there any courtroom cliches that we've missed?
'''Miner''': That's a lie! A damn lie!
'''Judge''': Guards, shuffle awkwardly with that man!
|''[[Gag Dub|The Olden Days]]''}}
The
* "Are you aware of the penalties for perjury?" Lawyer-ese for "I know you're lying." Similarly, there's: "May I remind you you are under oath?"
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** In a similar vein "In my chambers, ''now''! Both of you!"
* "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.
** The United States introduced "affirming" in the 1780s to answer the objections of those whose religious convictions<ref>For instance, as gospel "But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil" (Matthew 5:37), reiterated as "But above all, my brethren, do not swear, either by heaven or by earth or with any other oath. But let your "Yes" be "Yes," and your "No," "No," lest you fall into judgement" (James 5:12)</ref> wouldn't let them say the "God" part or swear on [[The Bible]].<ref>Before this, it wouldn't be a stretch that anyone who ''wouldn't'' swear on a Bible [[Burn the Witch|might find themselves tied to a flaming piece of wood]].</ref>
*** In [[Ayn Rand]]'s play ''Night of January 16th'', a judge forces Karen Andre to affirm despite her objecting as an atheist to the "so help you God" part.
** The UK courts comment that "oath cards and holy books are available for several religions". You can also miss out the 'God' bit by choosing to affirm.
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: This one is rarely seen in [[Real Life]] courts, as the defendant doesn't have to testify and the prosecution is not allowed to suggest they should. However, if you do agree to testify, then you are open to all questions. Therefore, only a witness would say such a thing and it is rather rare to have a witness being asked questions that they might not need to answer. This is most often seen when answering questions in front of Congress, as they put you in the chair and have you say this just so the Congressperson can grandstand about how guilty you must be.
: Or, of course, if one of the witnesses ''other'' than the defendant was a party to the crime, or committed some other crime that comes up during cross-examination. However, considering the extent of the pre-trial preparation these days, any ''competent'' lawyer (on both sides) will avoid any such question. Unless it ''might'' help the defense, but at that point the prosecution will likely avoid calling the witness (and the rules for the defense calling a witness makes it a little more difficult for them to ask such a question).
:* Some people apparently try to 'take the fifth' in Canada, forgetting that it's a ''different country''. [
:* Oddly it pops up in ''[[Persona 4]]'', as an arguable [[Translation Convention]] for the equivalent protection against self incrimination in Japan.
* "I rest my case." (The prosecution or defense believes they have adequately presented their arguments and examined necessary witnesses. Basically, they're done.)
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