Sentences with phrase «whether judge or jury»

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.

Concessions last week giving the final say over whether an inquest should be held without a jury led to a spat over whether or not judges would act independently of the government.

After the jury left the courtroom, U.S. District Judge Kimba M. Wood asked the Skeloses, under oath, to reaffirm their decision not to testify, while also asking both men whether they had consumed drugs or alcohol within the past 24 hours, according to the Wall Street Journal.

Another note also emerged from the jury room, asking the judge to clarify whether or not giving out New York State funds in exchange for something else is illegal — and whether there was a written code of conduct that addressed that issue.

This uneasiness with parties» experts is heightened by the fact that the adversarial system, relying as it does on critical cross-examination to expose weaknesses in a witness» testimony, is often ill suited to educating the trier of fact, whether it be judge or jury.

To get us all started, we've compiled a list of the titles we think are the strongest contenders to put in an appearance on the Croisette, whether In Competition (to be judged by a Jury presided over this year by Palme d'Or winner Jane Campion) or in one of the headache - inducing number of sidebars, after the glitzy gala premiere of «Grace of Monaco» kicks off proceedings in earnest on May 14th.

Unfortunately, there are no guarantees on whether or not you would be compensated under this law, as a judge or jury determines the results on a case - to - case basis.

You will become more familiar with how barristers are expected to address people in court, whether it be the judge, the jury or opposing counsel.

It doesn't matter whether it's a patent case, a white - collar crime case, or a commercial case — they always know how to build a narrative that appeals to a judge or jury.

As long as the sentence is not such that, without some evidence the judge found but the jury did not, it is outside the range specified by statute, can't the judge pretty much sentence however he wants, whether he wants to be a hardass or skeptic regarding the Guidelines?

If there are accusations about domestic violence in a child custody case, the judge has to hold an «evidentiary hearing» (a trial before a judge without a jury) to decide whether a parent has engaged in one or more acts of domestic violence against the other parent, the child, or another family or household member.

Whether your case is settled out of court (with your approval) or taken before a judge and jury, our firm can advance the money needed to cover litigation costs and anything else that may arise in conjunction with your case, such as investigation costs, deposition costs, medical reports etc..

Whether they actually prove anything would depend upon the decision of the «Finder of fact», i.e., the judge or the jury.

Judges are also offered training to help them ask the right questions about an expert's qualifications or a peer - reivewed study, so that they can cull irrelevant evidence from the record and determine whether evidence is scientifically reliable and ultimately helpful to juries.

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.

The determination by the expert is not conclusive of the ultimate question of whether the accused was driving while impaired by a drug; their task is to determine whether the evaluation indicates drug impairment; the expert evidence can not presume the ultimate issue of guilt; it is «merely one piece of the picture for the judge or jury to consider.»

And whether presenting a case to a jury or judge, or speaking to another group, or even a client, verbal communication skills — including listening — are at least as important.

How this will be interpreted by the Ontario Courts is anyone's guess but likely it will be used to grant discretion to the Tribunal, Judge or Jury on whether two similar jobs are «substantially the same».

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.

Because many times, we lawyers have only an instant to size up a judge's reaction or decide whether a prospective client is worth representing or figure out how a jury is responding to our arguments.

But the OCA judges held it was reasonably open for interpretation that the circumstances pertaining to each volley were significantly different and for the jury to come to a different conclusion about whether each was justified as a lawful use of force or self - defence.

You have 30 days from your guilty verdict (whether by judge or jury) to file a motion for a new trial.

This will serve you well when communicating in practice, whether to clients, colleagues, juries, judges or others.

HB 1270 AS AMENDED: Provides judges must give precisely worded jury nullification instruction: «If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty.

Where an election for trial by superior court judge (alone or with jury), the provincial court judge receiving the election must inquire whether the accused wishes to have a preliminary inquiry.

Essentially, the judge will determine if the award was a product of «prejudice, passion, or corruption,» whether the jury considered evidence it should not have, and whether the award amount was supported by the evidence.

Great results are largely dependent upon a lawyer's ability to develop and communicate a compelling, easily understandable and credible story that will persuade the audience, whether it be a judge, jury or panel of academia members.

A hearing before a Provincial Court judge to decide whether there is sufficient evidence for the accused to go to trial; a preliminary inquiry only takes place where the accused is charged with an indictable offence and chooses to be tried by a judge or judge and jury of the Court of Queen's Bench; also known as a preliminary hearing

A hearing before a Provincial Court Judge to decide whether there is sufficient evidence for the accused to go to trial; a preliminary hearing only takes place where the accused is charged with an indictable offence and chooses to be tried by a judge or judge and jury of the Court of Queen's Bench; also known as a preliminary inJudge to decide whether there is sufficient evidence for the accused to go to trial; a preliminary hearing only takes place where the accused is charged with an indictable offence and chooses to be tried by a judge or judge and jury of the Court of Queen's Bench; also known as a preliminary injudge or judge and jury of the Court of Queen's Bench; also known as a preliminary injudge and jury of the Court of Queen's Bench; also known as a preliminary inquiry

The insurance company, then acts as judge, jury and executioner and determines whether or not that treatment plan is «reasonable and necessary».

-- whether it's a jury or a judge or your client — are so familiar with visual communication, through the Internet and e-mail and PowerPoint presentations and their smart phones, that I think lawyers need to step up and start figuring out how to use the power of those things.

Whether sentencing is by a jury's recommendation or by a judge after a plea or bench trial, the Virginia appellate courts are going to be unlikely to disturb non-capital jail or prision sentencing that does not exceed statutory limits.

During a trial, a jury or a judge will determine whether the defendant is liable for the accident and how much you should be compensated for your injuries.

It is a question of law whether or not particular facts did or did not amount to an accident and so this issue is for the decision of the judge (not the jury) where the case is being tried in the crown court.

«We were able to persuade the judge there should be a mistake - of - fact component — one of the questions for the jury to answer was whether or not the accused honestly believed that these were not calls for bids or tenders.

An experienced trial lawyer and having served over 500 sessions as a Judge pro tem in Los Angeles County Courts, Tal feels at right at home in the courtroom, whether facing a judge or a Judge pro tem in Los Angeles County Courts, Tal feels at right at home in the courtroom, whether facing a judge or a judge or a jury.

In determining whether the defendant's conduct is outrageous or egregious, a judge or jury should consider several factors, including but not limited to:

The Court presented a four factor test to assist trial judges in determining whether the theory or technique is scientific knowledge and whether it will assist the jury: whether the theory or technique has been tested or can be tested (Id., 113 S.Ct.

The question Judge Koh will ask herself is whether or not the probative value of any evidence is outweighed by prejudicial jury confusion.

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.

The judge or jury's verdict will determine whether the consequences of fighting your traffic ticket have a long - lasting positive OR negative effect on your futuror jury's verdict will determine whether the consequences of fighting your traffic ticket have a long - lasting positive OR negative effect on your futurOR negative effect on your future.

Regardless of whether you are contesting a traffic ticket in WI in front of a jury or a judge, an experienced lawyer can help you avoid the consequences of a traffic violation conviction.

You don't have to wait for a judge or a jury to decide whether your arguments were compelling.

A judge (or jury) is swayed by everything, whether they intend to be or not.

If the individual home / condo owner and the Association can not resolve their dispute outside of a lawsuit, then ultimately, the matter will be filed in the local courthouse and a Florida judge (and / or jury) will be the decision - maker on whether or not the home owner has been a victim of selective enforcement by a Condo Board.