Unreferenced date January 2010 A defendant or defender Delta letter in legal shorthand is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court , or any party who has been formally indictment charged or accused of violating a crime criminal statute . Note that American lawyers and judges often pronounce the word slightly differently than is common in standard American English, pronouncing the final syllable exactly as one pronounces ant the name of an insect in this pronunciation scheme. A respondent is the parallel term used in a proceeding which is commenced by petition . In criminal law, a defendant is anyone tried under the court of law as the one who has committed the crime. A defendant in a civil action usually makes his or her first court appearance voluntarily in response to a summons, whereas a defendant in a criminal case is often taken into custody by police and brought before a court, pursuant to an arrest warrant . The actions of a defendant, and its lawyer counsel, is known as the defense. Historically, a defendant in a civil action could also be taken into custody pursuant to a writ of capias ad respondendum and forced to post bail before being released from custody. However, a modern day defendant in a civil action is usually able to avoid most if not all court appearances if represented by a lawyer , whereas a defendant in a criminal case particularly a felony or indictment is usually obliged to post bail before being released from custody and must be present at every stage thereafter of the proceedings ... . Alternatively, the defendant may be an object, which is known as jurisdiction in rem jurisdiction ... and Twenty Kegs of Coca Cola 1916 , where the defendant was not The Coca Cola Company itself, but rather ... See also Wiktionary defendant Wiktionary plaintiff petitioner claimant complainant Plaintiff civil Prosecution ... nl Gedaagde ja pl Pozwany pt R u ru sco Defender simple Defendant sk alovan fi Vastaaja ... more details
Orphan date February 2009 The Vermont Defendant Accommodation Project VDAP was a two year case study conducted by Philip J. Kinsler, Anna Saxman, and Daniel B. Fishman aimed at identifying, assessing, and accommodating the special needs of mental retardation mentally retarded criminal defendants. Background The VDAP was originally conducted to understand the difficulty mentally retarded criminal defendants have navigating the criminal justice system. During the study, however, the authors found that mentally retarded criminal defendants often suffered from a combination of disorders, such as mental illness substance abuse homelessness a history of physical and or sexual abuse a history of foster home placement difficulty in school related to learning disorders assignment to special education programs, and or school dropout a history of relatively minor criminal behaviors. ref name VDAP Vermont Defendant Accommodation Project , Psychology, Public Policy, and Law , Vol. 10, No. 1 2, 134 35 2004 . ref The VDAP authors labeled individuals with a combination of disorders as suffering from ... step in providing defendant accommodations to mentally retarded defendants and sufferers of HLD ... accommodations are appropriate in the legal context. Once a mentally retarded defendant is identified ... to guide the defendant through the legal process by asking the court to use simple language or to slow down if the defendant needs further explanation. Third, the court, prosecutors, and defense .... Vermont Initiatives for Defendant Accommodaiton One successful Vermont initiative for defendant ... suggestions for defendant accommodation, such as a revised Miranda warning for mentally retarded ... Defendant Accommodation Project , Public Policy, and Law , Vol. 10, No. 1 2, pg. 147 2004 National ... references External links http www.psyfil.net files Vermont Defendant Accommodation Project.pdf Vermont Defendant Accommodation Project http www.ojp.usdoj.gov bjs welcome.html U.S. Bureau of Justice Statistics ... more details
Nuisance lawsuit may refer to a suit of the tort of nuisance , i.e. the plaintiff claims the defendant is causing a nuisance to the plaintiff a frivolous lawsuit , i.e. by bringing the suit, the plaintiff is causing a nuisance to the defendant Disambig ... more details
Unreferenced stub auto yes date December 2009 Civil procedure United States Wiktionary About the legal term the language use Reply The reply is a response by plaintiff to defendant s answer . A reply occurs only when defendant has asserted a counterclaim or the court has ordered a reply. It is important to keep in mind that plaintiff in this context may also refer to an implead ed party. So, if a defendant impleads a party, this new party is the third party defendant and the original defendant is the third party plaintiff. The third party plaintiff must file a complaint on the third party defendant, who then must answer. The court may order a reply to this third party defendant s answer. DEFAULTSORT Reply Legal Term Category Legal terms Law term stub it Replica ... more details
defendant has the right to be represented by an attorney during a plea colloquy failure of the state to provide an attorney to an indigent defendant during such proceedings is grounds for an appeal. It is possible but very difficult for a defendant who is so represented to have a plea thrown out due to ineffective assistance of counsel . The defendant must make a positive showing that but for the erroneous ... more details
Unreferenced date March 2009 Antecedents are the life history and previous Conviction law convictions of a defendant in a criminal case. They are colloquially known as previous convictions or simply previous in the United Kingdom U.K. and prior convictions or simply priors in the United States and Australia . When a defendant is being sentence law sentenced for a crime , the court will be told his or her antecedents. This information is usually considered by the judge magistrate in deciding the sentence the defendant will receive. If a defendant pleads not guilty , his or her previous convictions are not usually made known to the jury during the trial. This is to prevent prejudice against the defendant, although it is argued if the defendant has previous convictions for similar types of offence, this should be part of the evidence given at the trial. Category Criminal law Category Legal terms law term stub ... more details
Regina v. Instan , 1893 Cox. C.C. 602, was an Law of England English case that upheld a conviction for manslaughter by neglect. ref Bonnie, R.J. et. al. Criminal Law, Second Edition. Foundation Press, New York, NY 2004, p. 123 ref Factual background The defendant lived with her aunt, who supported her. The aunt contracted gangrene , but the defendant did not seek medical care for her or tell anyone about her condition. The defendant still accepted food from tradespeople at the house, and ten days later her aunt died. The defendant was convicted of manslaughter. Decision The defendant s conviction was upheld because the court found that the defendant had a clear morality moral duty to provide food and care for her aunt. ref Bonnie, p. 123 ref References reflist Category English criminal case law Category 1893 in case law Category 1893 in the United Kingdom ... more details
Orphan date February 2009 Unreferenced date November 2007 A Sirois hearing is a legal Hearing law hearing used when a prosecutor prosecution witness either becomes unavailable to testify at trial or refuses to testify, and the prosecution alleges that this is due to the defendant s misconduct. In this situation, the prosecution may introduce the witness s prior statements at trial if it can show that the defendant is responsible for the witness s nonappearance. In order to obtain the hearing, the prosecution must allege specific facts that the defendant s conduct induced the witness s refusal. Absent waiver by the defendant, a hearing is needed to determine the admissibility of the prior statement, where the prosecution must establish defendant s responsibility for a witness refusing to testify People v. Johnson . The prosecution is required to show Clear and Convincing Proof of the defendant s malfeasance as the admission of such testimony violates the defendant s Sixth Amendment to the United States Constitution sixth amendment rights to be confronted with the witnesses against him. In addition, the Sirois ruling also results in the absent witness s statement becoming de facto unquestionable. The hearing is named after Daniel Sirois, the defendant in Holtzman v. Hellenbrand . Category Confrontation Clause case law ... more details
Elsie Borden may be Elsie the Cow , cow used as Borden s advertising icon See also Lizzie Borden 1860 1927 , America murder defendant disambig ... more details
unreferenced date July 2010 Parker v. North Carolina , ussc 397 790 1970 , was a case in which the U.S. Supreme Court ruled that a plea agreement was valid even if the defendant entered into it in order to avoid the death penalty and even if his decision was based on a possibly mistaken belief on the part of the defendant and his lawyer that a confession the defendant had made would be admissible in court. Category United States Supreme Court cases ... more details
Posting bail means for a criminal defendant or a cosigner to pay bail . Once a defendant is arrested, if he is not released on citation cited out or released on recognizance ROR , he is taken to a holding jail where he is processed by the holding authority state, county or federal . At this point he is given a chance to make a phone call most jails only allow one . At this point the defendant may contact someone to try to arrange to post bail. Surety bond Through a surety bond , the defendant or his cosignor enters into a contract with an insurance company. A bail agent or bondsman in some states guarantees that the defendant will show up for his court dates. The bail agent backs up this promise with his own assets, or works with an insurance company that has the assets. The defendant is charged a percentage of the bond, a premium generally 10 percent of the total bond . First, the bail agent interviews the defendant or his cosignor. If a bondsman does not wish to write the bond because of risk of flight or other reasons, the friend or family member will need to call other bond agencies to try to get someone to write the bond. After gathering information including the defendant s full name and social security number, the bondsman then contracts with the cosignor to pay the premium and guarantee that she will pay the entire bond or any expenses incurred by the bail agent should the defendant skip bail . This contract guarantees that the defendant will appear at all scheduled hearings and trials. If the defendant skips bail and cannot be apprehended, the bond is forfeited and the bondsman .... Once signed off on, the defendant is released into the bondsman s custody. The bondsman will then submit ... to the defendant, he can post the total amount of the bail to the court in cash. Property bond Sometimes ... of the defendant or of his cosignor . The property must be worth at least the amount of the bail. Should the defendant skip bail , the court has the right to start foreclosure proceedings on the property ... more details
, and the defendant must be found not guilty if all of the following three factors are present 1 The defendant actually believed that he she was in immediate and imminent danger of bodily harm. 2 The defendant s belief was reasonable. 3 The defendant used no more force than was reasonably necessary ... reasonably calculated to cause death or serious bodily harm. If the defendant is found to have ... is reasonable if the defendant actually had a reasonable belief that the aggressor s force was or would be deadly and that the defendant needed a deadly force response. In addition, before using deadly force, the defendant is required to make all reasonable effort to retreat. The defendant does not have to retreat if the defendant was in his her home, retreat was unsafe, the avenue of retreat was unknown to the defendant, the defendant was being robbed, the defendant was lawfully arresting the victim. If the defendant was found to have not used deadly force, then the defendant had no duty to retreat. Defense of Others MPJI Cr 5 01 Defense of others is a defense, and the defendant must be found not guilty if all of the following four factors are present 1 The defendant actually believed that the person defended was in immediate and imminent danger of bodily harm. 2 The defendant s belief was reasonable. 3 The defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force. 4 The defendant s purpose in using force was to aid ... is a defense, and the defendant must be found not guilty if all of the following three factors are present 1 The defendant actually believed that victim was committing was just about to commit the crime of crime in at the defendant s home. 2 The defendant s belief was reasonable. 3 The defendant used ... Nondeadly Force MPJI Cr 5 02.1 Defense of property is a defense, and the defendant must be found not guilty if all of the following three factors are present 1 The defendant actually believed ... more details
Other uses Defense disambiguation Cleanup rewrite date May 2009 Law unref date July 2007 Criminal defenses In civil proceeding s and criminal prosecution s under the common law , a defendant may raise a defense or defence in an attempt to avoid criminal or civil legal liability liability . Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the Legal burden of proof burden of proof . For example, if a defendant in an assault and battery crime battery case attempts to claim provocation legal provocation , the victim of said assault and battery would not have to prove that he did not provoke the plaintiff the defendant would have to prove that the plaintiff did. Civil law defenses See also Category Equitable defenses In common law , a defendant may raise any of the numerous defenses to limit or avoid liability. These include Lack of Personal jurisdiction personal or subject matter jurisdiction of the court, such as diplomatic immunity . Failure to state a cause of action or other insufficiencies of pleading . Any of the affirmative defense s. Defenses conferred by statute such as a statute of limitations or the statute of frauds . Ex turpi causa non oritur actio the action against the defendant arises from an illegality. Volenti non fit injuria consent by the victim or plaintiff. Self defense In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification jurisprudence justification such as Right of self defense self defense and defense of others or defence of property defense of property . Expand section date April 2010 ... more details
Unreferenced date December 2009 Civil procedure United States A special appearance is a term used in the United States American law of civil procedure to describe a civil defendants defendant s appearance in the court of another U.S. State state solely to dispute the in personum jurisdiction personal jurisdiction of the court over that defendant. Prior to the advent of this procedure, defendants had to either appear in the other state s court to defend the case on the merits, or not show up in court at all, and then mount a collateral attack on any Judgment law judgment rendered against them, when the plaintiff came to the defendant s state to collect on the judgment. In a legal catch 22 , if the defendant appeared solely to contest jurisdiction, the court would then be permitted to assert jurisdiction based on the defendant s presence. In response to the apparent inequity presented by this situation, most states have passed statutes permitting the defendant to make a special appearance in the courts of the state to contest jurisdiction, without further subjecting themselves to the jurisdiction of the court. The equivalent of such an appearance is possible in U.S. federal courts , for the defendant may make a motion to dismiss for lack of personal jurisdiction. Where a special appearance is permitted, the term general appearance is used to denote the normal type of appearance in court. A special appearance is in contrast to a general appearance . See also Federal Rules of Civil Procedure DEFAULTSORT Special Appearance Category Civil procedure ... more details
Regina v. Faulkner , 13 Cox C.C. 550 1877 , was a legal case case tried before the Court for Crown Cases Reserved holding that the mens rea for committing one criminal act does not necessarily transfer to all possible consequences of that act. ref Bonnie, R.J. et. al. Criminal Law, Second Edition. Foundation Press, New York, NY 2004, p. 176 ref Decision The defendant was employed on a ship transporting rum, sugar, and cotton. The defendant was not allowed into the cargo area, but he entered the area, poked a hole in a barrel of rum, and drank some of it. To be able to see while plugging the hole, the defendant lit a match. The rum caught fire, injured the defendant, and destroyed the ship. The trial court found the defendant guilty of larceny for the rum and arson for the ship. The Court for Crown Cases Reserved reversed based on jury instructions that allowed the jury to find the defendant guilty of the arson even if they found that he only had intent to commit the larceny. The court held that the intent to commit the larceny did not necessary mean that the defendant had the intent to commit the arson, so the jury instructions were improper. ref Bonnie, p. 177 ref References reflist Category English criminal law Category 1877 in case law ... more details
A limited appearance is a term used in the United States law of civil procedure to describe a civil defendant civil defendant s appearance in a quasi in rem action in the court of another state to dispute liability to the limited extent of the value of the property seized by that court. This strategy allows the defendant to dispute only that amount seized, though this amount is less than the total amount in controversy, thus limiting his personal liability. Before the advent of this procedural device, a defendant faced the dilemma of either allowing his property to be seized with no defense and sold at Sheriff s sale sheriff s sale to partially satisfy the claim against him or, on the other hand, to appear in court to dispute the claim but in the process expose himself to the full in personam jurisdiction of the court and therefore the entire amount in controversy. The limited appearance may be coupled with a special appearance , allowing the defendant to first dispute the personal jurisdiction of the court over the defendant, and then only if necessary disputing the limited amount in controversy. See also special appearance References http www.kentlaw.edu perritt courses civpro berger limited special.htm Professor Perritt s Civil Procedure Course Page http www.answers.com topic appearance?cat biz fin answers.com Category Civil procedure law term stub ... more details
Brown v. Kendall , 60 Mass. 292 1850 , was a case credited as one of the first appearances of the reasonable person standard in United States tort law . Factual background The plaintiff and defendant engaged their dogs in a dog fight, and in the process of trying to break up the fight the defendant hit the plaintiff in the eye with a stick. In the trial court the defendant requested that instructions be given to the jury about contributory negligence and a standard resembling the reasonable person standard, but the judge declined to give the instructions. The jury rendered a verdict for the plaintiff, and the defendant appealed. Decision The court reasoned that the defendant should only be liable if he was at fault. Fault should be determined by whether or not the defendant was acting with ordinary care and prudence, a formulation of the reasonable person standard. The court determined that the lower court should have considered this standard when determining negligence and ordered a new trial. ref Henderson, J., Pearson, R., Kysar, D., Siliciano, J. The Torts Process, Seventh Edition. Apsen Publishers, New York, NY, 2007, p. 151 152. ref References reflist Category Tort law Category Law of negligence Category 1850 in United States case law ko ... more details
globalize date December 2010 A writ of attachment is a court order to attachment law attach or seize an asset. It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be used to freeze assets of a defendant while a legal action is pending. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court. External links http www.usmarshals.gov process attachment.htm US Marshals Service Writ of Attachment DEFAULTSORT Writ Of Attachment Category Judicial remedies Law stub ... more details
Globalize date December 2010 Defence costs are the cost that are incurred in the defence of a criminal trial in England and Wales . Should a defendant be acquitted they will almost always be awarded their defence costs. Defence costs will arise when a defendant is privately represented in a criminal matter. To be privately represented means that the defence will not be covered by legal aid . This tends to be because the defendant in question is wealthy. Defence costs will be assessed by a taxation master at the conclusion of most successful criminal trial s. Defendants will only be entitled to the proportion of their costs that are found to be reasonable. DEFAULTSORT Defence Costs Category English law Category Legal costs UK law stub ... more details
Unreferenced stub auto yes date December 2009 In law , a colloquy is a routine, highly formalized conversation . Conversations among the judge and lawyer s as opposed to testimony under oath are colloquys. The term can be applied to the conversation that takes place when a defendant enters into a plea bargain and the judge is supposed to verify that the defendant understands that they are waiving their right to a jury trial . In criminal justice criminal court , a colloquy is an investigation within a defendant s plea to reassure that the plea was given knowingly, voluntarily, and intelligently . Defendant needs to understand the charges against him, the penalties that he will face, and his rights before entering into a guilty plea. See also Comminatory Contravention DEFAULTSORT Colloquy Law Category Law Law term stub ... more details
Wiktionary fictitious For literary uses see Fiction For Legal uses see legal fiction Fictitious defendants Feigned action Ejectment an action to recover land John Doe commonly named as a fictitious defendant. Disambiguation ... more details
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