NCTJ Court Reporting Practice Exam

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Under what condition can an individual’s name be mentioned in court according to the Arundel Justices' precedent?

With prior approval from legal counsel

If already stated in open court

The condition under which an individual's name can be mentioned in court, according to the Arundel Justices' precedent, is if it has already been stated in open court. This principle is rooted in the concept of open justice, which supports transparency in court proceedings. Once an individual's name has been publicly disclosed during the proceedings, it becomes part of the record and is no longer subject to restrictions related to anonymity or confidentiality that may exist prior to that disclosure.

In practice, this means that as soon as a name is mentioned in a public session of the court, it can be referred to freely by others, including the media and members of the public. This aids in ensuring information flow and supports informed public discourse regarding the case, assuming other legal considerations such as those involving minors or sensitive situations are not in play.

The other options suggest conditions that either imply a restriction on mentioning names or are unrelated to the Arundel precedent's emphasis on prior public disclosure. For example, seeking prior approval from legal counsel introduces a level of permissiveness that is not inherent to the principle of open court proceedings. Similarly, referencing public interest does not specifically align with the established procedural requirement, nor do sealed proceedings typically allow for public naming without substantial legal grounds.

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When the case is of public interest

Only under sealed proceedings

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