Sentences with phrase «proceedings upon the defendant»

Not exact matches

(b) Proof that the defendant - licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

Many solicitors assume that liability to pay the Defendant's costs is only triggered upon service of the proceedings but this is not always correct.

The Court of Appeal ruled that in civil proceedings, the burden of proving self - defence lay upon the defendant; and a defendant who had mistakenly but honestly thought it was necessary to defend himself against an imminent risk of attack could not rely on self - defence if his mistaken belief had not been reasonable.

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

This meant the defendants in the second and third actions wanted to terminate the proceedings based upon limitation defences, said the ruling, and see the judge strike those actions.