Sentences with phrase «than the defendant»

However, there are no guarantees that you will get more than the defendant is offering.
Examples of potential causes of truck accidents other than the defendant's negligence include severe weather events and the plaintiff's own negligence.
Scientists, more likely to serve as expert witnesses than defendants in court, are still coming to terms with the legal problems facing their Italian colleagues.
Under this rule, a plaintiff whose negligence is equal or greater than the defendant's negligence may be barred from recovering damages.
He / she will be able to spend more time on the case than the defendant who has chosen to fight for himself.
Conducted a jury trial for the defence and received a jury verdict less than the defendant's offer to settle thereby receiving a costs award in favour of the defence.
This follows the principle that a plaintiff who is more negligent than a defendant should not be able to recover anything.
That said, if a given plaintiff's information is more compelling than the defendant's, the plaintiff may win.
The report indicated that claimants more often won cases than defendants, 25 percent compared to 7 percent.
Also, the court noted that the nuisance was ongoing, so the People did not unreasonably delay in bringing the action and there was no prejudice to the defendants: a greater prejudice, resulting from lost evidence, resulted to the People than the Defendants in this case.
Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at fault than the defendant for causing the crash.
If plaintiffs are more convincing than defendants, the plaintiffs have a shot at winning.)
An expert on Freedom of Information Law is saying the City of Buffalo has more to gain in complying with a Freedom of Information Law request than a defendant has to lose in a federal civil rights case.
Assembly Speaker Robin Vos, R - Rochester, said a study shows Wisconsin defendants fail to show up in court more often than defendants in states that have private bail bonds.
And the guy's guidelines range was lower than the defendant from United States v. Grinbergs, 470 F. 3d 758 (8th Cir.
Waller LJ explained that a claimant should have a little more latitude than a defendant because without a PCO no proceedings would be brought at all.
Mark Edwards, who Petrick dismissed to represent himself, said that he believes he could have argued several legal points more expertly than the defendant but he may not have been as adept at cross-examining on computer forensics.
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.
The Association of Personal Injury Lawyers» membership survey revealed that final settlements were 53.14 % higher than the defendant insurers» first offers.
@Rodrigo: plea bargains can contain more than the defendant pleading guilty.
In this context, survivors» accounts of sexual assault need only be more credible than defendants».
It also includes information that could implicate someone other than the defendant in the crime.
This means that if the plaintiff's negligence is not greater than the defendant's (or the defendants» combined) negligence, the plaintiff will still be able to recover damages.
However, a Maine plaintiff who is found to be equally or more at fault than a defendant — 50 % or more at fault — may not recover at all.
To meet the burden of proof in a personal injury case, a plaintiff must prove his or her claim by a preponderance of the evidence, which means that the plaintiff must present evidence that when weighed by the judge or the jury, is more convincing than the defendant's.
The Plaintiff was awarded damages for the first crash though less than what she requested and also less than the Defendant's pre trial offer to settle.
[3] Defendants in political trials tend to participate in the proceedings more than defendants in non-political cases, as they may have greater ability to depart from courtroom norms to speak to political and moral issues.
The lawsuit against Thomsen comes at a time when there is fierce debate over Britain's libel laws, which are generally regarded to favor plaintiffs much more than defendants.
Other than the defendant's statement, the incriminating evidence submitted by the prosecution was fragmentary and circumstantial.
How many people on here have already decided Volkan is guilty based on almost zero evidence other than the defendant's claims.
Contribution liability — a defendant's legal obligation to pay more than that defendant's «share» of the plaintiff's judgment — is a loss to the paying tortfeasor.
«In just 15 percent of cases,» the NYT reports, «both sides were right to go to trial — meaning that the defendant paid less than the plaintiff had wanted but the plaintiff got more than the defendant had offered.»
In a civil case where the punitive damages award is based on harm to people other than the defendant, the jury is essentially punishing the defendant for uncharged torts (punitive damage cases are almost always torts).
«The chain of causation will be broken where an intervening event, rather than the defendants» conduct, is considered the proximate or legal... Continue reading →
Subpoenas (said suh - pee - nas) are requests for documents from people other than the defendant.
Miss Carver rejected a Pt 36 offer and pressed onto trial where she recovered # 51 more than the defendant had offered.
The Court must entertain the objection — and reverse the conviction — even if the right to equal treatment resides in someone other than the defendant.
Meanwhile, in a related legal maneuver, Cendant assumes the role of plaintiff rather than defendant.
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