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| | Defendants' Rights During a Trial: The Bill of Rights |
 | | Appeals and the Writ of Habeas Corpus FAQ | | | A defendant can be brought once to criminal court (by the government) and once to civil court (by members of the public) for the same crime. | | | For example, a defendant may face charges in both federal and state court for the same conduct if some aspects of that conduct violated federal laws while other elements ran afoul of the laws of the state. |
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http://www.nolo.com/encyclopedia/articles/crim/defendant_rights.html
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| | Defendant - Wikipedia, the free encyclopedia |
| | A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a Criminal law criminal case is usually taken into custody by police and brought before a court, pursuant to an arrest warrant. | | | A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. | | | Historically, a defendant in a civil action could also be taken into custody pursuant to a writ of capias ad respondendum and forced to post bail before being released from custody. |
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http://en.wikipedia.org/wiki/Defendant
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| | eogen - Defendant |
| | The person defending or denying the charge, or against whom relief or recovery is sought in a case. |
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http://www.eogen.com/DefendantIndex
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| | Following a bench trial, defendant was convicted on first degree mu |
| | Moreover, the trial court determined that the totality of the circumstances demonstrated that defendant's statement was voluntary, and the court specifically found that defendant had not been beaten. | | | Defendant agreed to take the test and arrangements were made for defendant to take it on October 14, 1994, during the day shift. | | | Voluntariness turns on factors including the age, education and intelligence of the accused, the length of the detention, the duration of questioning, whether the accused was advised of his constitutional rights and whether the accused was subject to any physical mistreatment. |
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http://www.state.il.us/court/Opinions/AppellateCourt/1999/1stDistrict/February/HTML/1971180.htm
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| | [No title] |
| | Defendant first contends that, because of the volume of evidence that was heard regarding the theft of the trench coat, "the issue of [his] guilt or innocence became obscured by the other[-]crimes evidence." Defendant appeals from a bench trial. | | | Defendant also contends that the evidence was insufficient to sustain the trial court's judgment. | | | Defendant, however, attempts to invoke an exception to the general rule that allows dismissal, at least by a trial court, where a defendant's due process rights have been violated. |
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http://www.state.il.us/court/Opinions/AppellateCourt/2003/2ndDistrict/May/Html/2011131.htm
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| | Deposing Defendant Attorney in Legal Malpractice lawsuit. |
| | All Defendant Attorney's files, records, and documents regarding the underlying transaction or litigation for which it is claimed the Defendant Attorney was negligent. | | | In legal malpractice cases, a deposition is usually taken of the defendant attorney accused of professional negligence. | | | It should be remembered that if the defendant attorney is going to testify as an expert on the standard of care that then the defendant attorney opens him/her self up to onion questions, to requests to bring more items to discovery and to lose of some work-product privileges. |
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http://www.bucklin.org/deposing_defendant_attorney.htm
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| | [No title] |
| | In some types of cases (such as divorce) a defendant may be called a respondent. |
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http://dictionary.law.com/definition2.asp?selected=465&bold=
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| | Personal Jurisdiction: In Which Court Can I Sue the Defendant? |
| | The defendant enters the state in which you filed suit after the case is filed, even if only for a short visit, and you serve the defendant with the court papers (normally a summons and complaint) in the state. | | | The "minimum contacts" requirement generally means that a defendant (person or business) who is a citizen of a different state must have enough connection to the state where a case has been filed for a judge to conclude that it's fair for the state to exercise power over the defendant. | | | Personal jurisdiction rules determine whether a court has power over a particular defendant, while subject matter jurisdiction establishes the court's power to hear the kind of case a lawsuit involves. |
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http://www.nolo.com/lawcenter/ency/article.cfm/objectID/159381D6-E3A3-4B65-B24392EF8F06E693/catID/8F965511-320B-429E-AFF92326E148C549
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| | Complaint: Enrico Cortesano, Defendant |
| | Defendant, directly and indirectly, has made use of the means and instrumentalities of interstate commerce, the means and instruments of transportation and communication in interstate commerce, and the mails, in connection with the acts, practices, and courses of business complained of herein. | | | Personal jurisdiction over the Defendant and venue are proper in the Southern District of Florida, as almost all of the actions and transactions alleged and stated herein constituting violations of the Securities Act have occurred within the Southern District of Florida. | | | Issue an Order directing Defendant to pay civil fines and/or penalties pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)]. |
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http://www.sec.gov/litigation/complaints/comp18458.htm
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| | SENATE BILL NO. 1111 - Defendant/mental competence/evaluat |
| | If the defendant is 4 fit to proceed, the court in which the criminal charge is pending 5 shall be notified and the criminal proceedings may resume. | | | If the defendant is determined to have the ability to consent to treatment and then refuses such treatment to remediate his condition, the issue will be returned to court for further direction by the judge. | | | The court shall thereupon 16 appoint at least two (2) qualified psychiatrists to examine such person and to 17 report within sixty (60) days, or such longer period as the court determines 18 to be necessary for the purpose, their opinion as to his mental condition. |
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http://www3.state.id.us/oasis/1999/S1111.html
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| | Information for Guidance of the Defendant |
| | The Defendant in any court action is presumed to be free of responsibility in such action until the Plaintiff proves the facts by showing a preponderance of the evidence. | | | Should the Defendant fail to appear at the time and place set forth, a Default Judgment will be entered for the amount of the claim stated, plus court costs. | | | If the Court should find against the Defendant, he must pay the amount awarded at that time or at such time and upon such terms and conditions as the Court decides. |
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http://www.churchillcounty.org/jcourt/smallclaims-d.htm
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| | Legal Definition of Defendant |
| | At common law a defendant cannot have judgment to recover a sum of money of the plaintiff, but this rule is, in some cases, altered by statute. | | | DEFENDANT - In criminal cases, the person accused of the crime. | | | The person against whom a lawsuit is filed is usually called the defendant. |
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http://www.lectlaw.com/def/d025.htm
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| | Chapter 135 — Arraignment and Pretrial Provisions |
| | When an accusatory instrument is filed in court, if the defendant has not been arrested and held to answer the charge, unless the defendant voluntarily appears for arraignment, the court shall issue a warrant of arrest as provided in ORS 133.110. | | | (b) The defendant appears before the court by means of simultaneous television transmission allowing the court to observe and communicate with the defendant and the defendant to observe and communicate with the court. | | | The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as provided in ORS 135.030. |
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http://www.leg.state.or.us/ors/135.html
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| | DEFENDANT |
| | The Court further instructs the jury that even if you disagree with [the defendant's] business decision to discharge [the plaintiff] because you believe it to be unfair, unwise or unreasonable, that alone is not enough to justify finding in favor of [the plaintiff] because that alone is not illegal. | | | The Court instructs the jury that you are not to base your decision upon whether you feel [the plaintiff] was treated unfairly. | | | This law provides that it is unlawful for an employer to discriminate against an individual with respect to compensation, hire, terms, conditions or privileges of employment. |
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http://www.state.wv.us/wvsca/jury/race.htm
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| | Opposition to Defendant's Motion to Dismiss |
| | During the motion the defendant asserted that at the time of his arrest for the charges that form the basis of this case, he was prepared to post $50 and forfeit the money. | | | After this Court ruled on December 6, 1984, not to dismiss the charges against Defendant on grounds of selective enforcement, AUSA Baher advised the Court that the Government would be willing to drop the charges if Defendant were still willing to pay the fine. | | | Counsel for the United States suggested that such a disposition might be possible if the defendant agreed. |
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http://www.prop1.org/legal/840417/850111.htm
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| | [No title] |
| | If such statements exist and the government intends to use them at trial, the Defendant has cause and the authority of the Supreme Court to require that such statements be edited or redacted in such a manner so as to avoid incriminating him. | | | WHEREFORE, the Defendant moves this Court for its Order requiring the government to produce any and all statements of co-defendants in this case that may tend to incriminate him as to the offenses charged. | | | The Sixth Amendment of the Constitution of the United States prohibits the government from introducing into evidence any and all statements by co-defendants that tend to incriminate an accused, when those co-defendants do not testify at trial. |
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http://www.dcfpd.org/motions/alaska/discover/codefsta.htm
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| | ANSWER OF DEFENDANT STATE OF WASHINGTON TO THE AMENDED COMPLAINT OF THE |
| | Defendant State of Washington denies that plaintiff is entitled to the relief requested in the second Part VII of the amended complaint. | | | However, defendant State of Washington denies that plaintiff has any remedy of any kind in this case. | | | 2.10 Subject to the affirmative defense articulated below, defendant State of Washington admits that the plaintiff has standing to bring the claims articulated in its amended complaint, but the State reserves the right to contest standing further should the issues be expanded. |
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http://www.atg.wa.gov/pubs/i695/answer_VMICC.html
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| | Defendant's Reciprocal Rosario |
| | Requiring a defendant who takes the stand either at a pretrial hearing or at trial to disclose discussions with counsel, or to require the defense attorney to disclose those discussions, impinges on communication twice: first, at the time of the confidential disclosure; second, at the time of testifying. | | | The Court of Appeals has noted that whenever the prosecutor would be requesting the defendant to produce evidence that is arguably privileged, the request should always be outside the presence of the jury. | | | A defendant who knows that the price of taking the stand is that previously confidential statements will be disclosed may well decide to forego testifying. |
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http://www.mcacp.org/issue26.htm
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| | Document: Answer of Free Republic, 10/20/98. |
| | Defendant admits that the Court has personal jurisdiction over it and denies each and every other allegation in Paragraph 2. | | | The Complaint fails to state claims upon which relief may be granted by virtue of the failure to include indispensible parties. | | | Defendant Free Republic (hereinafter "Defendant") answers Plaintiff& Complaint for Damages for Copyright Infringement (hereinafter "Complaint"). |
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http://www.techlawjournal.com/courts/freerep/19981020.htm
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| | InsWeb Insurance Glossary Legal Terms |
| | A term used to describe the legal doctrine of joint-and-several liability, under which recovery can be sought from any of several co-defendants based on ability to pay, rather than the degree of negligence. | | | A sworn statement of a witness or other party in a judicial proceeding. | | | A formal specifying of the facts constituting the plaintiff's cause of action against the defendant. |
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http://www.insweb.com/learningcenter/glossary/legal-d.htm
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| | The defendant, Mary French, and victim, Nicole White, were involved in an on-going dispute at the time of the ... |
| | Morgan has stipulated the defendant’s contact with the center is limited to periodic classes and meetings. | | | When the self-defense issue can be resolved without evidence of, or reliance upon character trait, specific acts of violence are not admissible under ER 405(b). | | | Fossen’s testimony pertaining to the victim’s previous acts could also lead to confusion of the issue. |
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http://www.law.seattleu.edu/fachome/rideout/advwrtg/onlinesamples/brief2.smp.htm
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| | STIPULATED FINAL JUDGMENT AS TO DEFENDANT RAYMOND CELIE |
| | Defendant waives all claims under the Equal Access to Justice Act, 28 U.S.C. as amended by Pub. | | | Provided, however, that defendant may disclose such identifying information to a law enforcement agency or as required by any law, regulation or court order. | | | Proceedings instituted under this Paragraph with respect to any performance bond are in addition to, and not in lieu of, any other civil or criminal remedies as may be provided by law, including any other proceedings the Commission may initiate to enforce this Order. |
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http://www.ftc.gov/os/1997/09/celi-stp.jdg.HTM
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| | Welcome to the defendant section of CJS Online |
| | When someone is accused of a crime, they are called a defendant. In England and Wales anyone accused of a crime is presumed innocent until proven guilty by the courts. If the courts find the defendant guilty and convict them, that person is called an offender. | | | The interactive Defendant’s Walkthrough takes you through what happens when someone is accused or charged with a crime. | | | The navigation menu on the left of this page provides an overview of the processes of being arrested, charged, and going to court. |
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http://www.cjsonline.gov.uk/defendant
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| | Fred Cohen & Associates |
| | Step 4 is a lot harder and I am not certain it could be done in less than a few hours because of the long time required to search the hard disk in detail for the content that must be overwritten. | | | The time frame in question for the matter at hand is a polygraph examination more than a year later in June of 1999 and possession after that. | | | The prosecution provides no evidence of any written records of such values, so we must assume that it is the prosecution's contention that these were memorized by the defendant for this purpose. |
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http://www.all.net/forsale/ForSample.html
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| | Court Rules on Defendant-Counsel Rights (washingtonpost.com) |
| | Ginsburg, however, said that the admonitions the state court required "might cause a defendant to wonder whether the court thinks he has a good defense, when in reality he does not." | | | Ginsburg said states are free to adopt their own rules, but such warnings are not required by the Constitution. | | | In its 9-0 ruling, the court reaffirmed that people facing prison time are entitled to attorneys at critical stages of the process, including a plea hearing. |
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http://www.washingtonpost.com/wp-dyn/articles/A40091-2004Mar8.html
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| | An Emotional Defense: Guiding Your Defendant Through Employment Litigation |
| | This pattern may occur repeatedly over a number of years, depending upon the degree of the defendant's involvement with the case up to and including the time of trial or hearing. | | | Teach them about the legal process: Give them a glossary of court and legal terms, so they can understand what you are talking about at all times Help them understand the difference between factual truth and legal truth. | | | Satisfy your client's need for answers by providing a range of certainty - how long the case will last, what the attorney fees are likely to be, how much similar cases settle for, etc. |
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http://www.lexisone.com/balancing/articles/srseptember2003.html
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| | Ellen Mariani's RICO Suit against Bush et al. |
| | Venue is also proper in this Court pursuant to 18 U.S.C. Section 1965 (b) because, to the extent any Defendant may reside outside this district, the ends of justice require such Defendant(s) to be brought before the Court. | | | Defendant GWB receives for his compensation for services payments from the United States Treasury to conduct his official acts in a faithful manner and solemnly swore he will faithfully execute the Office of President of the | | | 's failure to implement the findings of the study was grossly/criminally negligent and Defendant's "failing to prevent" the attacks of "911" raises other serious national security and public trust matters important for Plaintiff to obtain justice in this case. |
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http://nancho.net/911/mariani.html
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| | Harris County Crime Victim Information-Basic Legal Concepts |
| | The defendant also has the right to cross examine any witnesses who testify on behalf of the State. | | | The sixth amendment to the Constitution guarantees that “in all criminal proceedings, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” | | | The sixth amendment also guarantees that the accused has the right to confront the witnesses against him. |
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http://www.jims.hctx.net/victim/concepts.htm
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| | Madison County Record Accidental defendant asks to be dismissed |
| | An Alton attorney who made national news by accidentally suing himself has asked to be dismissed from the lawsuit. | | | In December, Kardis signed an order naming Centerre Title as a third party defendant. | | | Alliance filed a third party complaint against Centerre and Wyss. |
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http://www.stclairrecord.com/news/newsview.asp?c=156729
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| | US CODE: Title 28,1441. Actions removable generally |
| | (1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States for the district and division embracing the place where the action is pending if— | | | Any other such action shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought. | | | For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded. |
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http://assembler.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001441----000-.html
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| | Defendant: Microsoft source code sale was a setup |
| | A 27-year-old Connecticut man facing felony economic espionage charges for allegedly selling a copy of Microsoft's leaked source code for $20 says he's being singled out only because the software giant and law enforcement officials can't find the people who stole the code in the first place. | | | Defendant: Microsoft source code sale was a setup 2004-11-12 |
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http://www.securityfocus.com/news/9912
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| | USATODAY.com - Judge OK's drug defendant's Web site seeking witness information |
| | (AP) — A federal judge has ruled that a defendant in a federal drug case may post a Web site seeking information on potential witnesses, whose pictures are displayed under a "WANTED" banner. | | | This material may not be published, broadcast, rewritten or redistributed. | | | Thompson said he "concludes that, while the Web site certainly imposes discomfort on some individuals, it is not a serious threat sufficient to warrant a prior restraint on Carmichael's speech or an imposition on his constitutional right to investigate his case." |
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http://www.usatoday.com/tech/webguide/internetlife/2004-07-22-seeking-witnesses_x.htm
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| | USATODAY.com - Lawyer for Lewis' co-defendant seeking copy of plea talks |
| | In a motion filed in U.S. District Court in Atlanta, attorney Steve Sadow argues that because key elements of the negotiations have been leaked to news media, there is no reason to keep any paperwork associated with the discussions under wraps. | | | "Jamal Lewis' case is of great interest to the defendant and the public," wrote Sadow, a lawyer for the co-defendant, Angelo Jackson. | | | Lewis, 25, is charged with helping broker a cocaine deal for Jackson, 26, a childhood friend, during conversations with a government informant in Atlanta during the summer of 2000. |
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http://www.usatoday.com/sports/football/nfl/ravens/2004-10-04-lewis-plea-details_x.htm
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| | General Civil Defendant |
| | You can file a case against the Plaintiff or someone else about the same thing as the Complaint. | | | To learn where to file, hours, fax, mail, fees and fee waivers, go to | | | To learn how to serve papers, see Serving The Defendant. |
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http://www.scselfservice.org/civ/general/defendant.htm
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| | CAIR Named as a Defendant in 9/11 Terror Lawsuit [Weblog] - Daniel Pipes |
| | 30, 2005 update: The "Plaintiffs' More Definite Statement as to Defendant Council on American-Islamic Relations (CAIR) and CAIR-Canada" has just been filed with the U.S. District Court, Southern District Of New York, and it spells out in great detail the connection between CAIR and the 9/11 conspiracy. | | | A class action lawsuit in the name of John P. O'Neill, Sr., stemming from the 9/11 atrocity, has named the Council on American-Islamic Relations as a defendant. | | | CAIR Named as a Defendant in 9/11 Terror Lawsuit |
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http://www.danielpipes.org/blog/394
(1262 words)
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| | [No title] |
| | The text entered MUST be at least 2 alpha-numeric characters in length or you will get no rows returned. | | | Search Tips - Enter the First defendant's name or the the way it appears in the title (e.g. | | | Smith, James should be entered in the defendant box as either Smith or Smith, James NOT James Smith). |
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http://portal.courts.state.ny.us/pls/portal30/cms_dev.RPT_FCAS_OPEN_Defendant.show_parms
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