Sentences with phrase «judge or jury made»

If a Georgia appellate court holds that a lawyer, judge or jury made an error during the trial, or that a judge made an error in deciding a motion for summary judgment, the appellate court can reverse the trial court's decision or order a new trial.

If the judge or jury makes a determination that the passenger's actions were the main reason why they were injured, then the driver may not have to pay much for the passenger's damages.

After hearing all of the evidence, and after listening to both lawyers explain their side's view of the evidence, the judge or jury makes a finding based upon what they have heard and considered.

Not exact matches

The series of hearings will determine whether he faces life in prison or the death penalty, a decision to be made after family and friends testify to judge and jury about their interactions with the mystery man.

Whatever the nuances of the current research, the job of the experts brought into a case by prosecutors and defense attorneys «is to make the judge or the jury believe that their version of the science is true and correct and should win the case,» Rothstein said.

In light of this increasingly complex litigation, questions have been raised about the ability of judges or juries to make reasoned decisions.

If that's not possible, your lawyer can file a lawsuit and make the argument in support of your claim to a judge or jury.

Such rules of civil practice include guidelines as to the type of information that is acceptable by a jury or judge, the method of presentation of the information, and by what standards of proof a judgment will be made based on the information.

[3] Another way to increase similarity between your litigation team and the jury is to mirror body language by subtly matching the judge's or jurors» postures and gestures to make them feel more at ease and positive about you because you seem more like them.

They can be helpful, but it's up to the judge or jury to make the ultimate decision about the credibility of the plaintiff,» Mahabir says.

2 - Will you bill me more if you have to do «extra» work; i.e., researching legal issues, writing legal memoranda, arguing motions, rejecting unacceptable offers from prosecutors and judges and making additional court appearances, or even trying the case in a jury trial.

Some of the things a judge or jury will look at to determine whether the product was «unreasonably dangerous» are whether the utility of the product outweighed the danger, whether it could have been made safer without undermining the utility, and whether a safer design was feasible.

When your Complaint is filed, your lawyer will also specify whether you prefer a trial by jury or a «bench trial,» in which a judge makes most of the decisions.

Most taxidermied animals also have the distinct advantage of being quite portable, and they can also make a nice presentation to the judge or jury by themselves or if paired with a law book or gavel.

He or she has the required skill to ensure that your case is properly prepared for the possibility of a trial in court, and that includes preparing and filing all of the necessary documents, following the Rules of Court, and obtaining the necessary evidence and witnesses to support your claim and present it to the judge or jury in a manner that will make the most of your claim.

Either way you are going to have to present convincing evidence and make persuasive arguments to convince the insurance company, judge, or jury to provide you with a fair recovery.

When you are involved in a divorce or family law matter, you can take your difference to a judge and jury and ask someone else to make a decision about child custody and visitation, child support, alimony and the division of marital property.

But if our clients were under the influence of drugs or alcohol in a setting where that was OK and not a violation of the law, then we will look at the case and be honest with the judge and jury about whether that makes the individual comparatively at fault for what happened to them.

I see attorneys flounder with objection arguments on a regular basis, which makes them look weak in front of a judge or jury, even if their objection is spot on.

And in his Ring concurrence, Justice Scalia chides Justice Breyer by saying that «unfortunately this case has nothing to do with sentencing» Plus, Scalia makes it crystal clear in Ring that he believes that Apprendi gave no role to juries in sentencing, as opposed to a role in convicting or acquitting of crimes, when he went out of his way to say that states who leave the ultimate life and death decision to judges may continue to do so.

After this has taken place the judge or jury, if a jury was in fact called for the trial, will consider the arguments and make a sentence.

If Feldmar's story is generalized, US border guards are now empowered to be a one - person judge, jury, and executioner of another nation's drug policy — and who knows what other kinds of inquiries border guards will feel comfortable making; can they call your ex-boyfriends or teachers to ferret out unadjudicated wrongdoing?

In litigation, a judge or jury has to go through several stages before making a decision in your client's favor.

[12] Under the old Rule 35 (4)(a), a pre-trial conference judge, the trial judge or a master could make an order that a trial be heard without a jury.

For generations, most facts that would help a business person understand the risks involved have been solely anecdotal: this judge is somewhat pro-plaintiff or pro-defendant; the opposing counsel has a reputation for being aggressive or smart (or not); juries in this jurisdiction often make runaway damage awards or are notoriously parsimonious.

If ICBC makes a formal settlement offer under Rule 37 and the judge or jury awards you less this can be considered a loss.

Our dedicated New Mexico personal injury attorneys have tried many semi-truck cases, and we can use our specific knowledge of the trucking industry to make the legal or factual arguments that will help you to convince a judge or jury that you deserve to be reimbursed for the damages caused by someone else's bad decisions.

It could include changing the adversarial nature of litigation to let finders of fact (judge or jury) engage litigants directly, making litigation a more honest search for truth.

If you make a formal offer to settle your ICBC claim in compliance with Rule 37 and the judge or jury award you more money, Rule 37 (23) sets out the consequences to the Defendant.

I would argue that the combination of these two outcomes related to design patents doesn't make sense, but Apple's smartphone design patent case is strong enough that a jury can find that way, and the tablet design patent case is so strong that Apple may very well get the jury overruled either by Judge Koh or on appeal.

Finding a Lawyer That Has Experience Defending Cases Similar to Yours When you are sitting in front of a judge or jury, you are basically looking to these people to make decisions that are going to affect your life.

The lawyers for the doctor or hospital (and their experts) rarely say it outright — because they are worried that jurors and judges will see right through it as a claim that doctors can never be held accountable for anything — but this defense is embedded deeply in most of the arguments they make for the jury.

The reason these statements are usually inadmissible is because they are not made under oath, therefore, a judge or jury can not personally observe the demeanor of the person making the statement.

Jury nullification in the broader sense can cause cases to be thrown out by a judge or on appeal for reasons # 4 or # 5, but most of the time, jury nullification will not cause a verdict to be thrown out by a judge or on appeal (even if statements from jurors after the trial make it clear that jury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdJury nullification in the broader sense can cause cases to be thrown out by a judge or on appeal for reasons # 4 or # 5, but most of the time, jury nullification will not cause a verdict to be thrown out by a judge or on appeal (even if statements from jurors after the trial make it clear that jury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury nullification will not cause a verdict to be thrown out by a judge or on appeal (even if statements from jurors after the trial make it clear that jury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdjury did could have reached the same verdict.

If the jury instructions given to the jury are legally correct, the judge does not make any serious errors in how he conducts the trial that hurt the losing party, and there is nothing extraordinary that was no one's fault but made a fair trial impossible, it doesn't matter if the jury actually followed the law or actually correctly or sincerely interpreted the facts.

No politician, Judge, journalist, nor any other person, is entitled to enquire subsequently into why the jury reached the decision it did; nor is a member of the jury permitted to make public statements, or give press interviews, about those deliberations.

And it was required, in cases where the grand jury in attendance upon any of these courts should terminate its session without proceeding by indictment or otherwise against any prisoner named in the list, that the judge of the court should forthwith make an order that such prisoner, desiring a discharge, should be brought before him or the court to be discharged, on entering into recognizance, if required, to keep the peace and for good behavior, or to appear, as the court might direct, to be further dealt with according to law.

There are two concerns here: first, whether or not the Court of Appeal is substituting their opinion when the trial judge, who was present at the trial, decided otherwise and second, whether or not the jury made their decision based on something other than provocation, which would make the manslaughter finding appropriate.

When you plead «not guilty» to your traffic ticket, you're exercising your legal right to stand before a Utah judge or jury and make an argument for your innocence.

If and when the CB issue would make it all the way to the courts, would the trial be held in front of a judge only, or would it be a jury trial?