Borrowing court transcript into novel?

Discussion in 'Research' started by bookmac, Sep 26, 2014.

  1. ChickenFreak

    ChickenFreak Contributor Contributor

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    Yep. And I would guess that almost anyone arguing a case before the Supreme Court would be presenting complex ideas that should be attributed if they're included in an academic work.
     
  2. chicagoliz

    chicagoliz Contributor Contributor

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    The Supreme Court, and all appellate courts are different. They don't hear testimony by experts. The lawyers themselves are "grilled" by the judges, who ask questions related to the points of law that are being appealed.
     
  3. Jack Asher

    Jack Asher Banned Contributor

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    My understanding is that all evidence admitted into the court, including the testimony, is owned by the state until they see fit to release it. This includes more quantifiably valuable evidence (like money).

    And that testimony is used widely in journalistic/historical/academic/legal/entertainment settings often with no citation.
     
  4. chicagoliz

    chicagoliz Contributor Contributor

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    Physical evidence is not the same as testimony in a court proceeding. An expert would not lose all rights to their work if they testified. There'd be few experts testifying in that case.

    In appellate level oral arguments, it's not "testimony" but more of a back and forth discussion between the justices and the attorneys. And when it is discussed, it is cited.
     
  5. Ben414

    Ben414 Contributor Contributor

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    The SCOTUS has more than just appellate jurisdiction; in those rare cases where it is the court of first instance, there would likely be expert testimony.

    Using a similar argumentation should not be a problem. Using their arguments verbatim without citation very well could be. Either way, I agree with cogito that contacting an attorney is the only way to know for sure.
     
  6. chicagoliz

    chicagoliz Contributor Contributor

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    It's very rare, and usually the justices themselves are not hearing the facts of the case (those are typically heard by someone the Court appoints to hear the evidence) during the session. The back and forth between the justices and the attorneys works generally in the same manner that the remainder of those cases do. Those sorts of cases (usually they're disputes between two states) are often pretty boring -- they wouldn't usually make good novel fodder, although I suppose there could be some interesting inspirations for some sort of futuristic world with a second U.S. Civil War.
     
  7. ChickenFreak

    ChickenFreak Contributor Contributor

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    "Owned" is relevant to copyright, not plagiarism.
     
  8. Link the Writer

    Link the Writer Flipping Out For A Good Story. Contributor

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    I'd check with the proper experts on this, like Cogito said. Even if they're public domain, that doesn't mean you're free to do whatever the hell you want with them. Especially if you run the risk of painting the wrong people as the villains, even if you do it unknowingly.

    Better to check before you assume doing it won't piss off the wrong people.
     
  9. cutecat22

    cutecat22 The Strange One Contributor

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    As you have not come back yet to confirm fiction or non-fiction, I'm assuming for the moment, as you mentioned the word 'novel' that you are wanting to write a court scene in a fiction story.

    As such, there is nothing wrong in seeking out court transcripts that show you the way the court works and what is said from a professional level, in other words, who (barristers, clerks, lawyers, judge) says what and when they say it as there are obviously certain protocols that are followed to the letter inside the court and during different hearings.

    There is also nothing wrong with taking a specific case that may be similar to something your characters are part of, and changing that case to reflect your fictional character's lives. Again, this would be research on a more technical level but as someone mentioned earlier, the reason full court cases are not usually included in films/TV/books, is because most cases are made up more of crossing t's and dotting i's before the case even gets discussed and 99% of cases will not have the big legal battles of the lawyers shouting "I Object" across the room and the judge banging his gavel and saying "order in my court!" actually, it's a known fact that most judges don't even have gavels ...

    If you are talking about non-fiction reporting or discussion of a particular case, then I would suggest you go see a lawyer/solicitor and get the correct answer to your question straight from the horses mouth.

    Good Luck x
     
  10. KeriLynn

    KeriLynn New Member

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    Like chicagoliz said if you copy their words verbatim then there would be a copyright law against that since it's an expert testimony, but what you could do is look up some cases and change details and not directly quote what they say and you should be fine.
     

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