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Page "news" ¶ 1147
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defendant and William
According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done ; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy.
The prosecution team, led by Tom Stewart, included brothers Herbert Hicks and Sue K. Hicks, Wallace Haggard, father and son pairings Ben and J. Gordon McKenzie and William Jennings Bryan and William Jennings Bryan Jr. Bryan had spoken at Scopes ' high school commencement and remembered the defendant laughing while he was giving the address to the graduating class six years earlier.
Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution.
In 1929, he was a defendant in a lawsuit wherein it was alleged by William M. Rogers, an avowed Klansman, that Watson had forced him to sign an affidavit recanting testimony before a Senate committee that Watson was also a member of the Ku Klux Klan.
William Madison Wood — the owner of the American Woolen Company, who had made a large payment to the defendant under unexplained circumstances shortly before the dynamite was found — was not charged.
Edward Spannaus, a defendant in the trials, further notes that there was a memorandum written on January 12, 1983, by former FBI chief William Webster to Oliver " Buck " Revell, head of the Bureau's General Investigative Division.
The sitting Conservative MP, Sir William Davison, had been a defendant in a divorce case, and a local committee thought the newly enfranchised young women voters would refuse to support him.
Except for the willingness of William Jennings Bryan to be cross-examined by Clarence Darrow, Stewart's positions controlled the trial and the Scopes defense had no recourse but to ask the jury to convict the defendant so the case could be appealed to the Tennessee Supreme Court ( which overturned the conviction on a legal technicality but upheld the constitutionality of the Butler Act ).
* William " Duff " Armstrong ( 1833 – 1889 ), 1858 defendant for the murder of James Preston Metzker in Mason County, Illinois
Holdsworth bases this on a case from Bracton ’ s notebook in which the plaintiff alleges that “ William Nutach in the peace of God and of our Lord the King and of his bailiffs unjustly detains ( injuste detinuit ) from her three pigs which were lost to her .” The action depended upon loss of the chattel, which had come to the hands of a defendant who had refused on demand to give it up.
* William Henry Furman, the defendant in the 1972 case of Furman vs. Georgia

defendant and L.
Attorney Dwight L. Schwab, in behalf of defendant Philip Weinstein, argued there is no evidence linking Weinstein to the conspiracy, but Judge Powell declared this is a matter for the jury to decide.

defendant and 3
For example Connecticut applies the following standard to review unpreserved claims: 1. the record is adequate to review the alleged claim of error ; 2. the claim is of constitutional magnitude alleging the violation of a fundamental right ; 3. the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial ; 4. if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt.
To obtain a TRO, a plaintiff must prove four elements: ( 1 ) likelihood of success on the merits ; ( 2 ) the extent to which the plaintiff is being irreparably harmed by the defendant's conduct ; ( 3 ) the extent to which the defendant will suffer irreparable harm if the TRO issues ; and ( 4 ) the public interest.
For example, a negligence cause of action must allege that: 1 ) the defendant owed a duty to the plaintiff ; 2 ) the defendant breached the duty ; 3 ) the breach caused plaintiff injury ; and 4 ) the plaintiff suffered damage.
Immunity under Section 230 requires that: ( 1 ) the defendant is a provider or user of an interactive computer service ; ( 2 ) the cause of action treat the defendant as a publisher or speaker of information ; and ( 3 ) the information at issue be provided by another information content provider.
" The elements of the first sale doctrine can be summarized as follows: ( 1 ) the copy was lawfully made with the authorization of the copyright owner ; ( 2 ) ownership of the copy was initially transferred under the copyright owner's authority ; ( 3 ) the defendant is a lawful owner of the copy in question ; and ( 4 ) the defendant's use implicates the distribution right only ; not the reproduction or some other right given to the copyright owner.
Some general factors that will persuade that the conduct was extreme and outrageous ( 1 ) there was a pattern of conduct, not just an isolated incident ; ( 2 ) the plaintiff was vulnerable and the defendant knew it ; ( 3 ) the defendant was in a position of power ; ( 4 ) racial epithets were used ; and ( 5 ) the defendant owed the plaintiff a fiduciary duty.
Under the rules of Federal Criminal Procedure: If a defendant is entitled to a jury trial, the trial must be by jury unless: ( 1 ) the defendant waives a jury trial in writing ; ( 2 ) the government consents ; and ( 3 ) the court approves.
For example, to state a claim for unjust enrichment in New York, a plaintiff must allege that ( 1 ) defendant was enriched ; ( 2 ) the enrichment was at plaintiff's expense ; and ( 3 ) the circumstances were such that equity and good conscience require defendants to make restitution.
The House of Lords in Attorney General's Reference No 3 of 1994 reversed the Court of Appeal decision ( reported at ( 1996 ) 2 WLR 412 ), holding that the doctrine of transferred malice could not apply to convict an accused of murder in English law when the defendant had stabbed a pregnant woman in the face, back and abdomen.
Archbishop Jovan was sentenced for the second time, on charges for Embezzlement, and as a second defendant was sentenced to a higher prison term of 2 years than the first defendant ( who was sentenced 1 year and 3 months ) in 2006.
Chamberlain had the burden to prove that ( 1 ) they had ownership of a copyrighted work, ( 2 ) it was controlled by a technological measure that was circumvented ( 3 ) third parties can access it ( 4 ) without authorization in a way that ( 5 ) infringes rights protected by the Copyright Act due to a product created, advertised, or provided by the defendant Skylink.
* Article s. 36 ( 3 ) provides that-" it shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
The criminal history points are calculated by adding 3 points for each prior sentence of imprisonment exceeding one year and one month ; adding 2 points for each prior sentence of imprisonment of at least sixty days but not more than 13 months ; adding 1 point for each prior sentence of less than sixty days ; adding 2 points if the defendant committed the instant offense while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status ; adding 2 points if the defendant committed the instant offense less than two years after release from imprisonment on a sentence of sixty days or more or while in imprisonment or escape status on such a sentence, except that if 2 points are added committing the offense while under a criminal justice sentence, adding only 1 point for this item ; and adding 1 point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points because such sentence was counted as a single sentence, up to a total of 3 points for this item.
( 3 ) The action is not a genuine case or controversy, as both the original plaintiff and defendant challenge the statute without real opposition.
Section 1 ( 2 ) of the Criminal Attempts Act 1981 applies the Act even though the facts are such that the commission of the offence is impossible so long as, under section 1 ( 3 ), the defendant believes that he is about to break the law and intends to commit the relevant full offence.

defendant and 23
Per Federal Rule of Criminal Procedure 23 ( a ), only if the prosecution and the court consent may a defendant waive a jury trial.
Oral Roberts ' son Richard Roberts resigned from the presidency of ORU on November 23, 2007 after being named as a defendant in a lawsuit alleging improper use of university funds for political and personal purposes, and improper use of university resources.
Reynolds, a secretary in the office of the President of the Church, agreed to serve as the defendant, then provided the attorney numerous witnesses who could testify of his being married to two wives, and was indicted for bigamy by a grand jury on October 23, 1874.

defendant and who
The appellant in the new case can be either the plaintiff ( or claimant ), defendant, third-party intervenor, or respondent ( appellee ) from the lower case, depending on who was the losing party.
This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses ( in some cases twice ) as the appeals work their way up the court hierarchy.
In the past, a defendant who refused to plead ( or " stood mute ") was subject to peine forte et dure ( Law French for " strong and hard punishment ").
Today in common-law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea.
Allocution is sometimes required of a defendant who pleads guilty to a crime in a plea bargain in exchange for a reduced sentence.
The Supreme Court held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty plea.
" Webster's New World Law Dictionary defines Alford plea as: " A guilty plea entered as part of a plea bargain by a criminal defendant who denies committing the crime or who does not actually admit his guilt.
However, this is mainly because it is not the prosecutor but the judges who question the defendant.
* Revised Code of Washington 9. 12. 010: " Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor ; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.
In other words, a class action ensures that a defendant who engages in widespread harmbut does so minimally against each individual plaintiffmust compensate those individuals for their injuries.
A defendant who had been convicted of an offence could be given a second trial for an aggravated form of that offence if the facts constituting the aggravation were discovered after the first conviction.
" He passed a hat and gave the fines to the defendant, who left the court with $ 47. 50.
In a majority of states, the burden is placed on the defendant, who must prove insanity by a preponderance of the evidence.
In federal court, and in Arizona, the burden is placed on the defendant, who must prove insanity by clear and convincing evidence.
In United States v. Carpenter ( 1986 ) the U. S. Supreme Court cited an earlier ruling while unanimously upholding mail and wire fraud convictions for a defendant who received his information from a journalist rather than from the company itself.
By 1997, the phrase had entered the legal lexicon as seen in an opinion by Supreme Court of the United States Justice John Paul Stevens, ' An example of " junk science " that should be excluded under the Daubert standard as too unreliable would be the testimony of a phrenologist who would purport to prove a defendant ’ s future dangerousness based on the contours of the defendant ’ s skull.
One defendant, " a 14-year-old boy, was acquitted after his attorneys discredited the children's persistent interrogations by a psychologist who called herself the ' yucky secrets doctor.
During the Tōjō-regime this was suspended, arguably stemming from the popular belief that any defendant who risks his fate on the opinions of untrained laymen is almost certainly guilty.
Those who oppose it state that the requirement that the defendant must speak to indicate his intention to remain silent further erodes the ability of the defendant to stay completely silent about the case.
A defendant who seeks to challenge the admissibility of a statement under Miranda must show that the statement was " prompted by police conduct that constituted ' interrogation '".

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