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Stock Legal Phrases: Difference between revisions
Can't point to any amendment to the Constitution of Canada, since that document hasn't been amended. (It's been replaced a few times, but both referenda to amend the current one have failed.)
(the Bible says not to swear on the Bible, in a couple of places) |
(Can't point to any amendment to the Constitution of Canada, since that document hasn't been amended. (It's been replaced a few times, but both referenda to amend the current one have failed.)) |
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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''. [[wikipedia:Section 13 of the Canadian Charter of Rights and Freedoms|It's right in the
:* 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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