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i cant find exactly the explanation to the internet,,,

2006-07-03 13:50:59 · 7 answers · asked by friend_kita 1 in Politics & Government Law Enforcement & Police

7 answers

motion to strike n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. A motion to strike is also made orally during trial to ask the judge to order "stricken" answers by a witness in violation of rules of evidence (laws covering what is admissible in trial). Even though the jury is admonished to ignore such an answer or some comment, the jury has heard it, and "a bell once rung, cannot be unrung."

2006-07-03 13:52:40 · answer #1 · answered by Mike 4 · 0 0

A motion to strike is a legal term that an attorney can file in which they ask the judge to strike what someone said from the record because it is not an answer to the actual question they asked a witness, or because the opposing council said something that might unfairly prejudice the jury.

If the judge grants this motion then, legally, the jury cannot use what they heard in making their decision.

2006-07-03 20:53:39 · answer #2 · answered by alvin_tostig 3 · 0 0

It’s a legal term that means that you are leaning down right before you hit your kid. If your kid is tall you don’t have to lean down and that legal term is called, “a striking motion.”

Of course the rest of the posters are pointing out the lesser used legal terms. However in real life it is really used in two instances:

One, to throw out a big segment (usually everything) of an action that more or less makes the suit null and void. – This seldom works when you need it and is just going through the motions.

The other is to remove testimony from the record so the jury won’t have it for later review. Of course if it is contemptible and heard by the jury it is of little use, e.g., putting toothpaste back in the tube.

2006-07-03 21:07:51 · answer #3 · answered by Raylene G. 4 · 0 0

A motion to strike is a request that a statement made by one or more parties be stricken (removed) from the court record, therefore making it like it never happened. If the motion is granted, the jury is to "ignore" that part that is stricken and act like they didn't hear it. It comes into play when a statement that cannot be backed up or proven is made and is usually (though not always) false.

2006-07-03 20:53:19 · answer #4 · answered by Anonymous · 0 0

Not a lawyer, but a motion to strike comes from either the defense or prosecution wanting to 'strike' some testimony they don't particularly like .... and by strike, that means throw it out, it's sort of a moot thing, because while the jury won't have it in their testimony when their deliberating, they've still actually HEARD it so, just legal maneuvering.

2006-07-03 20:54:26 · answer #5 · answered by Kittycat 2 · 0 0

Motion to strike is a legal term used in court. The attourny motions to strike a statement from the record. Usually it's used when it hurts the case and has no grounds to back it up.

2006-07-03 20:52:55 · answer #6 · answered by 35 goodlookinmalefrombalt 3 · 0 0

the ability to revolt

2006-07-03 20:53:15 · answer #7 · answered by Anonymous · 0 0

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