Sentences with phrase «heard by a jury»

Additionally, Shur said, evidence regarding statements Silver made «to a bunch of reporters while jammed into an elevator» regarding transparency should also not be allowed to be heard by the jury.

(The Post and Courier, Obscenity case will be heard by jury)

To be heard by the jury, an allegation for punitive damages must contain a claim that the defendant «acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith.»

If the initial complaint or other earlier filings had contained a claim for punitive damages, or even an allegation that the defendants acted maliciously, willfully, recklessly, wantonly, fraudulently, or in bad faith, the Court would have likely allowed the punitive damages issue to be heard by the jury, and the plaintiff may have received a larger award at the conclusion of the case.

Claims of medical negligence in Florida are subject to strict rules that, if ignored, may result in a case getting prematurely dismissed before it is ever even heard by a jury.

The application was dismissed with Madam Justice Gray finding that the case could appropriately be heard by a Jury.

The state appellate court that heard the initial appeal refused to give as much deference to the defendant's employee's opinion that the road was safe, and it ruled that the plaintiff's presentation of the photographic and documentary evidence of the hazardous condition of the roadway was sufficient for her personal injury claim to be heard by a jury.

The state supreme court reversed, ruling that the plaintiff had raised a genuine issue of fact as to whether the highway was unsafe, and her claim should have been heard by a jury.

The New Mexico Supreme Court recently handed down a decision that may significantly impact the ability of plaintiffs who are injured on another's property to have their claims heard by a jury.

Shortly afterwards, the Old Bailey aborted another murder trial because witness evidence had been heard by a jury, from anonymous individuals, in apparent contravention of this ruling.

Today, the Texas Court of Criminal Appeals overturned the conviction of Innocence Project client John Nolley, finding that important exculpatory evidence in the State's possession was never heard by the jury that convicted him in 1998.

It is important to understand that your case does not need to be tried by a court or heard by a jury in that time period.

Typically, if a case was heard by a jury, compensation for loss of society would be far greater than it would be if heard by a judge.

Despite that some of their trial came within the ambit of the Official Secrets Acts and despite also that at times the trial was held in camera, the trial was still heard by a jury and the two accused's barristers remained throughout.

Not exact matches

It appears none of Shkreli's hedge fund investors actually lost money in the end, but he was so widely reviled by the time of his trial that it was difficult to find an unbiased jury to hear the case.

It's probably not going to be possible to have a jury of people that have never heard of the bands, that have never heard the music, but the real question is, even with that understanding, can they only focus on the evidence that's being presented by the parties at trial and only use that evidence and nothing from their own life experience outside of the courtroom to make that decision?

We expect that to happen again — particularly because the jury was prohibited from knowing about these court rulings in favor of Gawker, prohibited from seeing critical evidence gathered by the FBI and prohibited from hearing from the most important witness, Bubba Clem.

My father wondered how a local jury could give the defendants a fair hearing when they had already been declared guilty by the local paper.

The local DA aid that Jones» case will soon be heard by a grand jury.

It follows that the minister may be forced to violate the sanctity of the confessional by testifying at the police station, in a pretrial hearing, in court, before a grand jury or even before the legislature.

Last week it was reported that a grand jury heard two female trainers allege they were sexually assaulted by an assistant coach.

The grand jury, which first convened in August, has weighed evidence — including a video recorded by bystanders of Mr. Garner's arrest — and heard testimony from officers and emergency responders involved.

The indictment was returned by a federal grand jury in New York City, which heard evidence presented by the staff of Preet Bharara, former U.S. attorney for the Southern District of New York.

Among those discussed is allowing the release of evidence and testimony heard by a grand jury in cases where a civilian is killed by police.

Schneiderman's grand jury also heard from former Assistant District Attorney Vincent J. O'Neill, who was abruptly fired by Abelove on Oct. 6, several days after O'Neill was contacted by Schneiderman's office.

The grand jury also heard testimony that contrasted the rapid course of the French investigation with the far longer process that followed the August 2015 shooting of Thaddeus Faison by Officer Joshua Comitale.

In a decision dated Feb. 5, Manhattan Supreme Court Justice Joan Madden ordered a new hearing on a 2013 jury verdict in her court that gave five mesothelioma victims represented by Weitz a total of $ 190 million — the highest award of its kind at the time.

A grand jury on Staten Island is also hearing evidence in the July death of Eric Garner, who died after being put in a chokehold by a police officer in July.

Garner's case is being heard by a Staten Island grand jury and Brooklyn District Attorney Kenneth Thompson is investigating Gurley's shooting death.

It assumes that ordinary people on a jury, having heard two sets of scientific evidence from experts, will be able to arrive at the truth by choosing between the two versions.

Finally granted a hearing from the parole board, Frank pleads his innocence, but the parole board is headed by Grayce (Victor Jury), the man responsible for his imprisonment, and his parole is denied, and Frank becomes more hardened and embittered.

Special Jury Prizes To Be Heard, directed by Roland Legiardi - Laura, Amy Sultan, Deborah Shaffer and Edwin Martinez (USA, 2010) Jury Statement: «By filmically living with and sharing the dramas of a remarkably affecting group of young people over a period of years, To Be Heard wins the hearts of viewers with a roller coaster emotional ride... it's immediacy and poignancy make it a film that truly lives beyond the frame.&raquby Roland Legiardi - Laura, Amy Sultan, Deborah Shaffer and Edwin Martinez (USA, 2010) Jury Statement: «By filmically living with and sharing the dramas of a remarkably affecting group of young people over a period of years, To Be Heard wins the hearts of viewers with a roller coaster emotional ride... it's immediacy and poignancy make it a film that truly lives beyond the frame.&raquBy filmically living with and sharing the dramas of a remarkably affecting group of young people over a period of years, To Be Heard wins the hearts of viewers with a roller coaster emotional ride... it's immediacy and poignancy make it a film that truly lives beyond the frame.»

The Card Member Agreement includes an arbitration provision, which impacts the opportunity to have claims related to the Account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

Your Card Member Agreement includes an arbitration provision, which restricts your opportunity to have claims related to the account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

This year, there were thirty - one Art Statements booths dedicated to one - person shows by less established artists, two of which were awarded Baloise prizes by a jury one dealer described as consisting of «German curators I've never heard of and Gary Garrels.»

I think the jury is still out, but whenever I hear the terms being used, red flags go up... and there's always that unmistakable stench of hucksterism (by any other name).

Juries have heard - and been deeply moved - by his first hand authoritative testimony to the dangerous trajectory the business - as - usual model to CO2 emissions is taking mankind and the planet.

A Massachusetts jury heard about this and yesterday, they expressed their outrage by hitting Lorillard with a $ 71 million verdict on behalf of the estate and son of a woman who was one of these children, who got these samples at least 50 times starting at age 9 and was addicted by age 13, tried unsuccessfully to quit 50 times and who eventually died of lung cancer.

Other cases heard by the Circuit Courts include mechanics» liens and misdemeanor violations transferred from the District Courts for jury trials.

Sentencing If an accused is convicted by jury verdict or pleads guilty, the Court will hold a sentencing hearing.

Because most first - time DWIs are misdemeanors in county courts, they are heard by a six - person jury.

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.

In the US the damages regime is very different: Juries hear the case and set damages, which can then be trebled by the judge, if he or she considers the Defendant should be punished.

In turn, the Court of Appeal hears new evidence offered by the appellant and considers whether, if a jury had heard it, the individual would have been convicted.

He is persuaded by the strongly worded dissent of Judge Rader, who calls the prior art that forms the basis of the majority opinion — including a Marilyn Monroe card with a diamond attached and a piece of a sheet supposedly slept on by John Lennon — «wholly irrelevant» and expresses his opinion that the inventor was entitled to have a jury hear his infringement claims.

This is then followed by a trial here a jury hears the case.

Ms. Hewitt provides detailed, practical suggestions on many aspects of a criminal defence file including: analysis of the Crown's case; reviewing the information / indictment; considering legal elements; dealing with co-accuseds; disclosure and production; elections; challenging the case to be made by the Crown; pre-trial preparations, including procedural considerations; jury versus non-jury trials; admissions; scheduling; preparing an opening address or summary; pretrial hearings; and running the trial itself, including details relating to issues of evidence.

«By prohibiting admission of sexual history evidence to support the inferences leading to the twin myths, parliament has signalled that because of the significant dangers of influencing the jury to engage in lines of reasoning based on those myths, it is not sufficient to allow them to hear it even with an appropriate cautionary instruction.»

The preliminary hearing will allow the judge time to consult the evidence produced by the prosecutor to decide if there is reasonable cause for trial by jury.

«Costs rose when the county moved to a contract system [and there was also] a decline in the number of cases taken to jury trial, an increase in guilty pleas at first instance hearings, a decline in the filing of motions to suppress, a decline in requests for expert assistance, and an increase in complaints received by the court from defendants.»