History Main / ArtisticLicenseLaw

24th May '17 1:07:55 PM marcoasalazarm
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* HeroInsurance

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* HeroInsuranceHeroInsurance: In RealLife, such things as "Good Samaritan" Laws exist to help people prevent from getting sued ''if'' they have to help with an emergency -- but only within reason. Not getting sued if you hurt someone while applying the Heimlich Maneuver is "within reason". Demolishing five city blocks while pursuing a criminal as a vigilante is ''not''. And also needs be said -- Good Samaritan Laws don't ''force'' you to help.
24th May '17 1:00:45 PM marcoasalazarm
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* SocialServicesDoesNotExist

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* SocialServicesDoesNotExist SocialServicesDoesNotExist: In RealLife, they ''do'' -- even if their effectiveness may be hampered through such things as too many cases to deal with. As a result, events that would bring their attention to a child's plight (such as HilariouslyAbusiveChildhood) but would be shrugged off in fiction ''will'' end in someone arrested.
24th May '17 12:55:58 PM marcoasalazarm
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* SolomonDivorce

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* SolomonDivorceSolomonDivorce: Not ''totally'' unusual in RealLife divorces (in the legal terminology, this is usually called a "split parenting situation"), however because it can be a traumatic experience for a child, the total disconnection that is seen in fiction is frowned upon if not forbidden by law (so such thing as visitation times are at least suggested).
21st May '17 8:42:52 PM marcoasalazarm
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* MadeOutToBeAJerkass: A very risky move on a RealLife court of law. Even the biggest jerk in the galaxy can have an actual legal grievance--this is why juries are instructed and screened to try to keep bias out of the equation (although it doesn't always succeeds).

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* MadeOutToBeAJerkass: A very risky move on a RealLife court of law. Even the biggest jerk in the galaxy can have an actual legal grievance--this grievance, so trying to redirect the blame to make the plaintiff look like an asshole just makes the defendant look like a ManipulativeBastard--also, this is why juries are instructed and screened to try to keep bias out of the equation (although it doesn't always succeeds).
21st May '17 5:58:58 AM marcoasalazarm
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* MadeOutToBeAJerkass

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* MadeOutToBeAJerkassMadeOutToBeAJerkass: A very risky move on a RealLife court of law. Even the biggest jerk in the galaxy can have an actual legal grievance--this is why juries are instructed and screened to try to keep bias out of the equation (although it doesn't always succeeds).
21st May '17 5:53:01 AM DesertDragon
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* InsanityDefense: In real life, ''if'' an insanity defense works, the defendant doesn't walk out of court a free person. They walk out of court in the company of a couple of burly orderlies from a mental institution. Whether they ever walk out of ''there'' a free person depends on the psychiatrists and psychologists. Also, an insanity defense is only used in less than 1% of US criminal trials, and is successful ~25% of the time. That's less than one quarter of one one-hundredth of criminal cases that it works.

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* InsanityDefense: In real life, ''if'' an insanity defense works, the defendant doesn't walk out of court a free person. They walk out of court in the company of a couple of burly orderlies from a mental institution. Whether they ever walk out of ''there'' a free person depends on the psychiatrists and psychologists. Their stay can very well be longer than what their prison sentence would have been. Also, an insanity defense is only used in less than 1% of US criminal trials, and is successful ~25% of the time. That's less than one quarter of one one-hundredth of criminal cases that it works.



* PleaBargain: The reality varies widely by jurisdiction. In the US, where it's most common, the biggest difference between fact and fiction is when it's offered; in RealLife, a plea bargain is almost never offered once the trial has begun.

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* PleaBargain: The reality varies widely by jurisdiction. In the US, where it's wheret's most common, the biggest difference between fact and fiction is when it's offered; in RealLife, a plea bargain is almost never offered once the trial has begun.
19th May '17 12:10:45 PM marcoasalazarm
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* ConvictionByContradiction: While a legal case has to hold together logically to some extent, "logic dictates that this must be what happened" is ''not'' sufficient for a conviction in a criminal case. In a civil case, the principle of ''res ipsa loquitur'' (The thing speaks for itself) applies, and it basically amounts to "We can't prove the specific sequence of events that led to the defendant wronging us, but there is no possible innocent explanation" or "There's no legitimate reason for the event occurring in the first place, so no matter what their explanation is, they're still liable".

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* ConvictionByContradiction: While a legal case has to hold together logically to some extent, "logic dictates that this must be what happened" is ''not'' sufficient for a conviction in a criminal case. In a civil case, the principle of ''res ipsa loquitur'' (The thing speaks for itself) applies, and it basically amounts to "We can't prove the specific sequence of events that led to the defendant wronging us, but there is no possible innocent explanation" or "There's no legitimate reason for the event occurring in the first place, so no matter what their explanation is, they're still liable". Furthermore, an investigation that seems to be running solely on the fact someone used the wrong grammar on his statement as "''the'' clue" would probably be dismissed as harassment.
19th May '17 10:18:28 AM Madrugada
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* RapeAndRevenge: The type of premeditated manhunts that are standard to this trope would be considered straight-up murder (See CrimeOfSelfDefense).

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* RapeAndRevenge: The type of premeditated manhunts that are standard to this trope would be considered straight-up murder murder, especially when it's someone other than the victim themself doing it. (See also CrimeOfSelfDefense).
19th May '17 10:02:22 AM Madrugada
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* CourtroomAntic: Many of these common in fiction would result in the lawyer being warned, and possibly removed from the case or punished for contempt of court. Major antics could cause the judge to declare a mistrial, and a consistently ill-behaved lawyer would risk disbarment.

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* CourtroomAntic: Many of these common in fiction would result in the lawyer being warned, and possibly removed from the case or punished for contempt of court. Major antics could be cause for the verdict to be overturned on appeal (See "OffOnATechnicality"), or could cause the judge to declare a mistrial, and a consistently ill-behaved lawyer would risk disbarment.



* DisregardThatStatement: There are types of questions an attorney simply may not ask a witness in court There are types of statements a trial attorney may not make in court. Asking such questions or making such statements deliberately, then backing down from it with "Disregard that." or "Withdrawn." is a risky tactic for a trial lawyer. The courts do have the power to sanction a lawyer who does this excessively or blatantly, not to mention the risk of creating something appeal-worthy. As a rule, the sort of things that gets said in fiction would get most lawyers in a world of hurt.

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* DisregardThatStatement: There are types of questions an attorney simply may not ask a witness in court court. There are types of statements a trial attorney may not make in court. Asking such questions or making such statements deliberately, then backing down from it with "Disregard that." that" or "Withdrawn." "Withdrawn" is a risky tactic for a trial lawyer. The courts do have the power to sanction a lawyer who does this excessively or blatantly, not to mention the risk of creating something appeal-worthy. As a rule, the sort of things that gets said in fiction would get most lawyers in a world of hurt.



* GradeSchoolCEO: Minors (especially those under the age of 12) in most developed nations cannot sign contracts or hold employment. When a parent dies, leaving control of major assets to their child or children, a Trust or Conservatorship will be created by the court to manage the assets and look after the best interest of the child, ''if'' the parent didn't create one in their will.



* GradeSchoolCEO: Minors (especially those under the age of 12) in most developed nations cannot sign contracts or hold employment. When a parent dies, leaving control of major assets to their child or children, a Trust or Conservatorship will be created by the court to manage the assets and look after the best interest of the child, if the parent didn't create one in their will.



* InsanityDefense: In real life, ''if'' an insanity defense works, the defendant doesn't walk out of court a free person. They walk out of court in the company of a couple of burly orderlies from a mental institution. Whether they ever walk out of ''there'' a free person depends on the psychiatrists and psychologists. Also, an insanity defense is only used in less than 1% of US criminal trials, and is successful ~25% of the time. That's less than one quarter of one one-hundredth of criminal cases.

to:

* InsanityDefense: In real life, ''if'' an insanity defense works, the defendant doesn't walk out of court a free person. They walk out of court in the company of a couple of burly orderlies from a mental institution. Whether they ever walk out of ''there'' a free person depends on the psychiatrists and psychologists. Also, an insanity defense is only used in less than 1% of US criminal trials, and is successful ~25% of the time. That's less than one quarter of one one-hundredth of criminal cases.cases that it works.



* OffOnATechnicality: Most fictional examples of this trope show it happening much more frequently and for reasons that would never stand in a real trial.

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* OffOnATechnicality: Most fictional examples of this trope show it happening much more frequently and for reasons A case being "dismissed on a technicality" almost always means that would never stand in a real trial.the police (during their investigation) or the prosecutor (during the trial) screwed up big-time and did something that they aren't allowed to do, or didn't do something that they are required to do. In some cases it means that the prosecutor chose the wrong charges to file.



* RapeAndRevenge: The type of pre-meditated manhunts that are standard to this trope would be considered straight-up murder.

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* RapeAndRevenge: The type of pre-meditated premeditated manhunts that are standard to this trope would be considered straight-up murder.murder (See CrimeOfSelfDefense).



* SimpleCountryLawyer: TruthInTelevision in the past, but increasingly rare today to the point of being a DeadHorseTrope.

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* SimpleCountryLawyer: TruthInTelevision in the past, but increasingly rare today to the point of being a DeadHorseTrope.DeadHorseTrope (See "OmnidisciplinaryLawyer").
17th May '17 8:55:59 PM marcoasalazarm
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* AmbulanceChaser

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* AmbulanceChaserAmbulanceChaser: Depends on jurisdiction, but on some (such as Europe) being one of these is '''extremely illegal'''.
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