Sentences with phrase «answered by a jury»

In fact, if the case isn't resolved by a negotiated settlement, that question is usually answered by a jury.

This could resolve the issue of the non-pecuniary loss and limit the questions to be answered by the jury to pecuniary damages.

The Court reasoned that the question of whether the defendant was to be held financially responsible for the injuries was one to be answered by the jury, and the case would go to trial.

Not exact matches

Los Angeles Times: Rabbi who refused to testify freed after seven months in prison A Brooklyn orthodox rabbi who was jailed after refusing to answer questions before a federal grand jury, saying his religion forbid him from testifying against other Jews, was ordered freed this week by a district court judge in Los Angeles, the rabbi's attorney said.

A clergyman of the American Lutheran Church has been ordered confined in jail for contempt of court because he refused to answer questions before a grand jury investigating the «occupation» of Wounded Knee, South Dakota, for two months last year by militant Indians.

Steve Pigeon, the WNY political operative indicted by a special grand jury on nine counts of bribery and extortion, is answering the charges with a 1 1/2 - inch - thick sheaf of pre-trial motions filed by his defense attorneys this week in State Supreme Court.

Sushi: The Global Catch, directed by Mark Hall (USA, 2011) Jury Statement: «The film brings to the forefront the urgent and occasionally competing arguments of overfishing that don't necessarily have easy answers — truly a film that is food for thought.»

Answer: The Prison Litigation Reform Act of 1997 limits attorney fees to 150 percent of a jury award, so by my calculations your fee award should be $ 1.50.

R.E.M. and B.M. (also Griecken, [2009] O.J. No. 5037 at 24 — 25) cite Bell, [1997] N.W.T.J. No. 18 (CA) at para 28:... Where, as here, expert evidence is offered by the defence, in its efforts to make full answer and defence, a trial court should not impose, as noted in Mohan, too strict a standard for the necessity of such evidence, especially where as here the witness recognized the need to avoid crossing into the jury's domain.

[10] Perhaps the threshold issue should be decided by the judge before the jury is permitted to retire to consider its answers to the questions.

As a result, if the answer is compelled by common sense, regardless of the witness's answer, each member of the jury arrives at his or her own answer... first.

Based on the answers given by the interviewees, the judge may excuse those individuals he or she finds unsuitable to serve on the jury.

Answering this question inevitably requires the judge to engage in a limited weighing of the evidence because, with circumstantial evidence, there is, by definition, an inferential gap between the evidence and the matter to be established — that is, an inferential gap beyond the question of whether the evidence should be believed... The judge must therefore weigh the evidence, in the sense of assessing whether it is reasonably capable of supporting the inferences that the Crown asks the jury to draw.

But she didn't, and we have a remedial majority that rejects out of hand the «jury factfinding» option for sentencing — which would have been not just the right answer but arguably the only answer if the merits opinion were really animated by the jury trial right.

The answer to that question is case - by - case, and left to the jury.

Further, the answers given by the jury demonstrate that even if the jury questions had been expressed differently, the jury would not have found in the appellants» favour.

The Benchbook is used by Mass. judges as an official «playbook» and answers every possible question about jury trials, including attorney - conducted voir dire, mentioning damages in closing argument, juror notebooks, jury questionnaires, peremptory challenges, jury instructions, and much more.

It is better if the questions can be answered in a «yes» or «no» format followed by a blank space in which the jury can insert a damages figure if it finds liability, and its reasons if called for.

(iii) The Jury's Answers: The competing causation theories were put clearly to the jury via the evidence and particularly the expert evidence, in jury submissions by the parties, in the trial judge's expression of the positions of the parties, and in her jury instructiJury's Answers: The competing causation theories were put clearly to the jury via the evidence and particularly the expert evidence, in jury submissions by the parties, in the trial judge's expression of the positions of the parties, and in her jury instructijury via the evidence and particularly the expert evidence, in jury submissions by the parties, in the trial judge's expression of the positions of the parties, and in her jury instructijury submissions by the parties, in the trial judge's expression of the positions of the parties, and in her jury instructijury instructions.