Sentences with phrase «evidence over the defendant»

Madam Justice Dardi preferred the Plaintiff's evidence over the Defendant's finding the Defendant testified in «an evasive and less straightforward manner».

Not exact matches

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

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

Sini, in the 19 - minute address, focused in particular on complying with what is known as the Brady rule, which generally requires prosecutors to turn over evidence to defendants that is favorable to them.

Cusum evidence, which cast doubt over the authenticity of the defendant's confession, played a vital part in persuading the appeal judges that he had been wrongly convicted.

When a claim is served, it generally means sending certain legal documents and supporting evidence over to the Defendant — or asking the court to do this for you.

They weed out claims so old that evidence may have disappeared and witnesses may be unavailable, and assist in eliminating the prospect of claims hanging over the heads of potential defendants and their insurers in perpetuity.

Prosecutors have an obligation to turn over exculpatory evidence that can prove the innocence of a defendant; uphold the law and a duty to make ethical decisions free from self - interest, political gain, or environmental pressures.

(See Akazaki, «Peering over the plaintiffs» and defendants» parapets: Redesigning Ontario Rule 49 to Encourage Meaningful Offers of Settlement,» The Advocates» Quarterly: 30:285) A rule that guides the court's process must be characterized as procedural, compared to one that contemplates evidence - based awards of compensation

The first is that, while the trial judge set out his findings of fact, those findings depend on him having preferred the evidence of the plaintiffs» experts over the evidence of the defendant's experts.

The parol evidence rule forbids the defendant from using the conversation over the signing of the contract as a way to get out of the contract's clear requirements.

That failure, in these circumstances, undermines the defendant's affidavit evidence, calls into question the dominant purpose for the creation of Item 4.3, and is fatal to the defendants» claim for litigation privilege over Item 4.3.

Criminal and civil practitioners who rarely venture over to the «other side» may forget or be unaware of the dramatic differences in a defendant's ability to request and obtain evidence when the defendant is the subject of an indictment instead of a civil complaint.

This is where the decision is most open to challenge in the future as a defendant may well be able to produce evidence of air crash analysis which at least raises a question over the issue.

«There is no question that the Court has required either a concern for officer safety or a concern over the preservation of evidence to support the constitutionality of a warrantless search of the area where the defendant was arrested or a search of items near the defendant,» Chief justice Lori Gildea wrote in today's opinion (pdf).

However, a bind - over may provide evidence of a defendant's bad character pursuant to the Criminal Justice Act 2003 s 98, even if it was not imposed as a sentence of the court, following conviction.

In Burdeau, the defendant's papers had been stolen and turned over to the government, which proposed to present them as evidence to a grand jury.

The defendants refused to pay the rents over because the prior property manager, who had died, had been purportedly promised a portion of those rents by the plaintiffs, evidenced by written acknowledgments.