Sentences with phrase «defendant presents evidence»

If a defendant presents evidence at trial that fairly and reasonably rebuts the presumption of negligence, the issue of the defendant's negligence must then be presented to the jury for determination without the aid of the presumption.

If the defendant presents evidence of self - defense, the court shall instruct the jury with a self - defense law instruction.

It commented on the defendant's «egregious,» «reprehensible» and «dangerous» conduct, and noted that the defendant presented no evidence on his ability to pay punitive damages.

Not exact matches

The Commission has presented evidence that, from at least April 2010 to January 2012; July 2012 to June 2014; and September 2014 to present («Relevant Period»), Defendants have manipulated, attempted to manipulate and / or spoofed the near month of the Chicago Mercantile Exchange E-mini S&P futures contract («E-mini S&P»).

Similarly, the CFTC has presented evidence that Defendants have profited over $ 40 million from E-mini S&P trading during the Relevant Period.

As defendants, the state and its two biggest teachers unions tried to persuade the judge that in four weeks of testimony, the plaintiffs — nine students — did not present enough evidence to prove that the five contested statutes governing teacher dismissal, tenure and layoffs deny students right to an effective education.

Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board or Committee may by a majority vote of those present reprimand (a written reprimand directed exclusively to the member may be somewhat detailed but an official (published) reprimand should only indicate that subsequent to a board hearing»... member (X) was officially reprimanded as a result of charges filed by member (Y) or suspend the defendant from all privileges of the club for not more than six months from the date of the hearing, or until the next Annual Meeting, if that will occur after six months.

Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and defendant, the Board may by a majority vote of those present reprimand or suspend the defendant from all privileges of the Club for not more than six (6) months from the date of the hearing.

Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board or committee may by a majority vote of those present, suspend the defendant from all privileges of the Club for 12 months.

Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the board may by a majority vote of those present reprimand (a reprimand is a written warning to a member after charges have been filed in accordance with the bylaws, and it is determined that the member's conduct was not severe enough to warrant a suspension or a recommendation for expulsion) or suspend the defendant from all privileges of the club for not more than six months from the date of the hearing.

The jury found that evidence persuasive, convicting the defendant of every count that was presented to them.»

Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board or committee may by a majority vote of those present suspend the defendant from all privileges of the Club for not more than six months from the date of the hearing, or until the next Annual Meeting if that will occur after six months.

Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board or Committee may, by a majority vote of those present, suspend the defendant from all privileges of the Club for not more than six months from the date of the hearing, or until the next annual meeting if that will occur after six months.

Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and defendant, the Board or Committee may by a majority vote suspend the defendant from all privileges of the Club for not more than six months from the date of the hearing.

Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board or Committee may by a majority vote of those present reprimand the defendant, or suspend the defendant from all privileges of the Club for not more than six (6) months from the date of the hearing or until the next annual meeting if it will occur after six (6) months.

Should charges be sustained, after hearing all evidence and testimony presented by complainant and defendant, the Board may, by majority vote of those present, suspend the defendant from all privileges of Bloodhounds West for not more than six months from the date of the hearing.

Once the plaintiff presents evidence to support that prima facie case, the burden shifts to the defendant to present evidence that the policy had a legitimate business purpose.

However, the court also noted that the defendant did present evidence contesting the plaintiff's claim that he will continue to experience pain and suffering.

The value of your recovery is going to depend on many different factors such as your actual injury, the percentage of negligence attributed to the defendant (s), the quality of the evidence you present, and the persuasiveness of your arguments.

The dispute in this case was regarding the evidence presented to prove that the plaintiff's injuries were directly related to the accident with the defendant.

This motion asks the court to dismiss the case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of material fact is in dispute.

The passenger seatbelt clasp was found to be undone which the defendant through expert evidence argued that in a collision there would have been some stress markers on the seatbelt if worn that were not present and as such they alleged it had not been worn.

The defendants did not know that in order to present evidence in a way that will be considered by a judge, a party must do so either by testifying themselves in court, or call witnesses to do the same.

Since the prosecutor did not present any evidence other than the defendant's constitutionally - protected speech in his case - in - chief for hindering a police officer, the conviction could not stand...»

Peter Henning at White Collar Crime Prof agrees that district court judges have more power, and says that defendants need to present strong sentencing evidence before the district court.

The story framework is so powerful that one study demonstrated how an attorney's promised testimony of innocence in opening arguments caused jurors to be more sympathetic to the defendant even though the evidence was never presented.

(4) In a case in which the defendant is not entitled to a jury instruction regarding self - defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self - defense.

In most Connecticut personal injury claims, the plaintiff is required to present direct evidence that the defendant acted negligently by doi...

The defendant has the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.

Before the Supreme Court's 2003 Lawrence v. Texas decision decriminalizing consensual same - sex intimate conduct, juries frequently refused to convict defendants under anti-sodomy laws, even when presented with clear evidence that they had technically violated the law.

At trial, both the plaintiff and the defendant will have an opportunity to present the testimony of witnesses and any evidence they believe help prove their claims.

During the trial your attorneys will question your witnesses, cross examine the defendants» witnesses, and will present all the evidence gathered throughout the case.

The Plaintiff presented evidence that several years earlier, the defendant driver had previously parked his truck in the exact same location, which resulted in a similar accident under almost exactly the same circumstances.

At trial, the plaintiff presents the written contract as real evidence of the agreement she and the defendant made and that the defendant breached when he didn't have the cash for the plaintiff on September 20 as stated.

The defendant, however, has presented no evidence that the mock obituaries and voting on this web site were intended to threaten anyone, did actually threaten anyone, or manifested any violent tendencies whatsoever.

The prosecutor will present evidence that supports that charge and it is up to the defendant and his attorneys to sow reasonable doubt within the jury, or at least one juror.

On the other side of the scale is the totality of the evidence presented at trial by the defendant.

When turning to the application of its discretion, would the court need to give a hearing to defendants interested in presenting evidence concerning various «offender» issues — e.g., family circumstances, drug dependency, lack of guidance as a youth?

If we can, we will also present evidence of any outrageous conduct by the defendant during this phase of the case, so as to claim punitive damages.

The court ruled that summary judgment was not appropriate because the evidence submitted to the court presented contradictory theories that should be resolved at a trial: namely whether the defendant's conduct was the cause of an injury to the plaintiffs» loved one.

In a case where the primary evidence against the defendant is the identification of an eyewitness, a defendant should be permitted to present expert testimony on the reliability of eyewitness identification, whether or not there is additional corroborative evidence that could weigh in favor of guilt.

At a bail hearing, the defendant's attorney may also present character reference letters, employment agreements, school records and other evidence that demonstrates the defendant's good character and strong community ties.

Plaintiffs and their attorneys may present evidence a jury has already used in a criminal case to find the defendant guilty.

«The process for a judge hearing a non-suit application is to ask whether, based on the evidence presented by the plaintiff, taken at face value and without being weighted, there is enough evidence for a prima facie case against the defendants.

After you file a lawsuit against the defendants, then you must present convincing evidence to a jury that they were negligent.

The plaintiff conceded that he did not properly respond to the defendant's motion, but he claimed that despite his failure to respond, there was sufficient evidence that the company breached its duty to him and that the facts presented by the company were incomplete and misleading.

If the evidence presented by the parties results in the jurors thinking it is a tie, the plaintiff loses.The defendant does not have to prove anything.

During the trial, the plaintiff presented evidence of the defendant's driving history, which contained two prior instances in which the defendant was cited for driving while under the influence of alcohol in 1996 and 1983.

«To recover in a slip - and - fall action such as the case before us here, a plaintiff «must present evidence of an unsafe condition on the premises of which the defendant was aware or should have been aware, and that the condition existed for a long enough time so the owner of the premises should have taken steps to correct [it].»

Since the trial court applied the correct legal standard and reasonably determined that Lowrey presented insufficient evidence of the defendant's knowledge, it was correct to grant the defendant's motion.