Sentences with phrase «differently than the defendant»

In personal injury cases, a plaintiff must demonstrate that the defendant is liable by proving that a reasonable and responsible person would have behaved differently than the defendant if faced with the same scenario.

Not exact matches

State Sen. Pat Gallivan, a Republican from Elma, says such a broad proposal may not be necessary because New York state usually treats 16 - and 17 - year - old defendants differently than adults.

It is defined differently in different states and jurisdictions, however, most jurisdiction, including California define the civil lawsuit proof standard as «by a preponderance of the evidence» for most types of claims and, the slightly higher standard of «clear and convincing evidence» for claims for punitive damages (damages meant to punish the defendant rather than just compensate the victim).