Sentences with phrase «defendant in a civil suit»

If Paul Plaintiff is suing Dan Defendant in a civil suit, Paul might have records in his possession upon which he's based his complaint against Dan.

The Victims» Bill of Rights contains additional provisions that operate to the financial disadvantage of those convicted of sexual and other offences who are subsequently named as defendants in civil suits.

Under this doctrine, the onus is on the convicted party, or the non-offending defendant in the civil suit who seeks to challenge the wrongdoing that the conviction represents, to prove that re-litigation would prevent a potential miscarriage of justice.

Not exact matches

If convicted, the defendants are looking at up to 15 - year prison terms in addition to a civil suit seeking more than $ 30 million in damages.

Another way to expedite permanent placement for neglected animals is to use statutory provisions that allow a private citizen or organization to file a civil suit for an injunction against an accused animal abuser, thereby allowing the Court to terminate the defendant's interest in the animals.

2205 (2011)[U.S. Supreme Ct.]; author — Justice Kagan: «But for» test applies when determining whether a prevailing defendant should recover fees in a plaintiff's civil rights suit involving both frivolous and nonfrivolous claims, rejecting the district court's use of a «focus» test.

Nevertheless, to end the war of words in the media, Kinder Morgan unilaterally dropped the civil suit, meaning that no further court challenges of Kinder Morgan's civil suit could be advanced, but leaving the transnational the opportunity to use the information from the civil suit against the defendants in future cases.

In particular, the Trans Mountain civil suit against five defendants on Burnaby Mountain Conservation Land drew national and international attention.

In some cases, a defendant in a civil law suit will retaliate against the plaintiff by filing a counter law suit, often of a dubious or spurious naturIn some cases, a defendant in a civil law suit will retaliate against the plaintiff by filing a counter law suit, often of a dubious or spurious naturin a civil law suit will retaliate against the plaintiff by filing a counter law suit, often of a dubious or spurious nature.

«Nothing entitles the Defendant to engraft his own conditions on the Federal Rules of Civil Procedure or the Local Rules of this Court, or to dispense with them where they fail to suit his counsel's teaching style,» she said in no uncertain terms.

While this Bill seems well intentioned, the exclusion of an admission of liability from becoming evidentiary in a civil suit serves only to protect the defendant and the insurance companies.

Importantly, this applies whether or not the convicted person is actually a named defendant in the action, meaning the conviction operates as proof there was wrongdoing even against non-offending defendants to a civil suit.

In order to establish negligence in a civil suit, the plaintiff must prove that the defendant had a duty to exercise a reasonable standard of care, that it breached that duty, and that breach was the cause of the accident and the resulting injuries and damageIn order to establish negligence in a civil suit, the plaintiff must prove that the defendant had a duty to exercise a reasonable standard of care, that it breached that duty, and that breach was the cause of the accident and the resulting injuries and damagein a civil suit, the plaintiff must prove that the defendant had a duty to exercise a reasonable standard of care, that it breached that duty, and that breach was the cause of the accident and the resulting injuries and damages.

The standard of proof in a civil suit is lower than that of a criminal case, which means that you may be able to recover compensation even if the defendant has been found not guilty in a criminal trial or if the charges have been dropped.

On the other hand, if the defendant wins an acquittal, you can still proceed with your civil suit in small claims court.

Instead, according to the Colorado Supreme Court, criminal defendants seeking a return of funds paid in conjunction with a later - vacated conviction must bring a separate civil suit under a Colorado statute — the Exoneration Act — in which, among other burdens, plaintiffs apparently have to prove their actual innocence by clear and convincing evidence in order to recover.