Sentences with phrase «by judge or jury»

Under the court of law, if driver will plead guilty or will be found guilty with the crime by the judge or jury, he will then be bought to face a judge who will assess him with criminal penalties for committing the crime.

If you plead not guilty, then you have a right to a trial by judge or jury and be represented by an attorney.

While which driver is responsible is usually a question of fact that must be decided by a judge or jury, it helps the injured party's case if he or she was struck from behind.

If you were seriously injured, the defendant (or his or her insurance company) may be eager to settle the case before it goes to trial because they anticipate that the amount of damages that you're awarded by a judge or jury will be very high.

When you have been injured in an accident, one of the objectives of financial compensation awarded by a judge or jury is to put you, the Plaintiff, in the same financial position you would have been in had your accident not occurred.

The golden thread uniting these varying and different rules is the principle that the evidence must meet a minimal threshold or reliability as a condition of being heard by a judge or jury.

To meet the burden of proof in a personal injury case, a plaintiff must prove his or her claim by a preponderance of the evidence, which means that the plaintiff must present evidence that when weighed by the judge or the jury, is more convincing than the defendant's.

The Federal Rules of Evidence, and the Arizona Rules of Evidence, outline various types of statements that are excluded by the Hearsay Rule, as well as exceptions to the Hearsay rule, and thus, may be heard and considered by a judge or jury.

Rarely, a more complex case where negotiation can't be reached will go to court and the damage award will be determined by a judge or a jury.

Once we have enough information to guide our investigation, we hit the streets looking for new evidence of innocence which has never been heard on its merits by a judge or jury and then we bring it into court, where we fight to exonerate our client.

In doing so, you voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal.

That care and dedication is your best chance for receiving damages, either through a settlement or an award of damages by a judge or jury.

If it is determined that your fault is equal to or less than the other driver's, you can still recover damages, but those damages are reduced by the proportion of your fault, as determined by the judge or jury.

Such damages are usually separated from compensatory damages by the judge or jury.

You have 30 days from your guilty verdict (whether by judge or jury) to file a motion for a new trial.

My understanding of American law is that no defamation occurs if the «sting» of the actual facts (as found by the judge or jury) is greater than the sting of the false allegations.

But, without some finding of fault by the judge or jury in the Circuit Court, we would have to attribute to the Supreme Court of Florida from the quoted language not merely an intention to affirm the finding of the lower court, but an intention to find such a fact in the first instance.

If this fails, the case will then go to court, and the level of compensation will then be determined by a judge or jury.

Arbitration Provision: Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

ARBITRATION: The Cardmember Agreement provides that we may choose to resolve a claim relating to your account by binding arbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration.

Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

A damage award can be agreed upon after a negotiated settlement — among the parties, their insurance companies, and their attorneys, for example — or may be ordered by a judge or jury following a court trial.

Note that there is no relationship (at least legally) between the death penalty and use of weapons by police force; even in countries with death penalty police follows the same Rules of Engagement (use weapon as self - defense or when other people are in danger), death penalty is stablished by a jury or judge (police is a law enforcement agency, sentences are issued by judges or juries)

Not exact matches

Winners are found this way: First, the Product of the Year Canada jury carefully selects the finalists — that is, products that meet or exceed innovation standards — which are then categorized and judged by an online survey, on behalf of Rogers Insights and conducted by TNS, of thousands of regular Canadian shoppers.

Manafort has said he's cooperating with investigators, but the search warrant obtained by the FBI prior to July's raid suggests that Mueller managed to convince a federal judge that Manafort would try to conceal or destroy documents subpoenaed by a grand jury.

Instead of a jury of your peers or an impartial judge, the decisionmaker in arbitration proceedings is often an individual hired by the company.

Mikey — Isnt the truth supposed to be handled by a jury or judge in the courts.

A list of the questions asked by the jury to the judge includes one example in which they asked if a juror can «come to a verdict based on a reason that was not presented in court and has no facts or evidence to support it».

While a judge, jury or, more likely, a guilty plea will ultimately determine Silver's suitability for prison, the facts presented by prosecutors convict him beyond any doubt of abusing his office for personal enrichment.

Whatever the nuances of the current research, the job of the experts brought into a case by prosecutors and defense attorneys «is to make the judge or the jury believe that their version of the science is true and correct and should win the case,» Rothstein said.

This uneasiness with parties» experts is heightened by the fact that the adversarial system, relying as it does on critical cross-examination to expose weaknesses in a witness» testimony, is often ill suited to educating the trier of fact, whether it be judge or jury.

Most judges and juries are not persuaded by neurobiological evidence used to argue that a defendant was not fully responsible for his or her actions, as in Gunther's case, the analysis found.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims can not be brought as a class action.

Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts.

Yet unlike those film's heroes, Richard is neither a Christ figure (in one scene he expressly denies that he is Jesus — or indeed the Devil), nor an agent of divine justice (the film's first line is «God will forgive them, He'll forgive them and allow them into heaven — I can't live with that»)-- and while there is no doubt that his judge - jury - and - executioner attitude towards vigilantism is entirely reactionary, both his morality and his sanity come to be called into question by the film.

To get us all started, we've compiled a list of the titles we think are the strongest contenders to put in an appearance on the Croisette, whether In Competition (to be judged by a Jury presided over this year by Palme d'Or winner Jane Campion) or in one of the headache - inducing number of sidebars, after the glitzy gala premiere of «Grace of Monaco» kicks off proceedings in earnest on May 14th.

IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND / OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS).

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Winners were chosen by the Game Marketing Association's esteemed panel of judges and jury comprised of leading members of the games industry, from top games publishers, developers and PR & Marketing agencies for all promotional campaigns released or aired between January 1, 2015 and December 31, 2015.

Court proceedings are public; nearly everything that happens in a court is public information (aside from issues of national security as decided by panels of judges and / or grand juries; or issues of safety for individuals and / or witnesses who are party to the proceedings).

This is partly evidenced by the fact once the option is selected, a piece of paper is produced that claims that you've appeared, pleaded no - contest and waived your right to a judge or a jury trial, at which point you're found guilty, with a deferred judgment, and with the option of case dismissal should certain conditions be satisfied.

In a lawsuit, you generally have the right to appeal the judge or jury's decision to be reviewed by a higher court.

Such rules of civil practice include guidelines as to the type of information that is acceptable by a jury or judge, the method of presentation of the information, and by what standards of proof a judgment will be made based on the information.

After deciding the amount of damages sustained, the judge or jury determines the amount of fault to attribute to each party and reduces the victim's award by the amount that he or she is responsible for.

[3] Another way to increase similarity between your litigation team and the jury is to mirror body language by subtly matching the judge's or jurors» postures and gestures to make them feel more at ease and positive about you because you seem more like them.

As long as the sentence is not such that, without some evidence the judge found but the jury did not, it is outside the range specified by statute, can't the judge pretty much sentence however he wants, whether he wants to be a hardass or skeptic regarding the Guidelines?

While I am a U.S. attorney, the U.K. and U.S. are essentially the same on these issue in practice: «reasonable wear and tear» is a classic issue of fact to be decided by the judge (unlike the U.S. there are never juries in U.K. landlord - tenant disputes) based upon the evidence presented to him and his or her good judgment if the case goes to court.

Worse, the jury that hears indamissible hearsay that is not cured by subsequent testimony or evidence is not going to un-hear the inadmissible evidence no matter how well - crafted are a judge's curative instructions to ignore the inadmissible evidence.

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject - matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defense, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

Trial: Your attorneys will attempt to prove to a judge or jury that the defendant is responsible for your injuries or other damages by using evidence collected during pretrial proceedings.