That is, the judge holds that the plaintiff failed to provide sufficient grounds, even what is claim is true, to be able to win a verdict. After a jury returns a verdict, the losing party may make a motion for judgment as a matter of law or a motion for judgment now withstanding the verdict. The judge is asked to hold that there were not legally sufficient grounds to support the jury’s verdict and to either overturn the entire verdict or a portion of it. Courts preferred post– verdict motions to pre—verdict motions because, if an appeals court reverses a post verdict motion, there is no need to redo the entire trial. Q: The jury believes the expert testimony presented for plaintiffs.
They are certain key decisions that people who are being prosecuted have to make. One of the most important is how you plead. A plea is formal statement made on behalf of an accused person or made by the accused in court in response to the charge made against him (Martin, 2003). A plea can be vertical and horizontal. A vertical plea deal is based on whether the charges are reduced in their seriousness and a horizontal deal plea is their number.
This paper will compare and contrast the traditional and nontraditional litigation procedures. Litigation Litigation occurs when someone sues someone else for damages, money, etc. If a dispute cannot be settled out of court then the plaintiff will file a complaint with the court then a copy of the complaint is sent to the defendant. Both parties can choose to have representation or they can represent themselves. Pretrial litigation can be divided into four phrases: pleadings, discovery, dismissals and pretrial judgments and settlement conference.
This research paper will attempt to answer these questions to better understand the nature of repressed memories and their place in the legal system. An in-depth analysis of important research being done on the topic will shed more light on repressed memories. Before we begin to look at research on repressed memories, it is important to fully understand what the term means. According to Elizabeth Loftus in her article, “The Myth of Repressed Memory”, repressed memories are memories that are not “simply forgotten” nor “deliberately kept secret.” The idea is that when a traumatic event happens to somebody, that person’s mind could react by “removing the memory” from his/her “consciousness.” However, once the mind removes this memory from a person’s consciousness, the memory is not permanently gone; it can come back to that person later in life. This is the definition of repressed memories used by most researchers.
If you were found guilty after a trial, you can appeal to the Crown Court against your conviction. However, if you pleaded guilty and were sentenced in the magistrates’ court you will not be able to appeal against your conviction, but you can still appeal against the length or nature of your sentence. In order to appeal, you are required to obtain ‘leave’ (permission) from the Court of Appeal. In the first instance, you apply for leave to appeal to a single judge who will consider your request on the papers alone. If this is refused, you can apply in front of the full
Such evidence could include scientific testing that was performed by the government, crime scene photographs, or statements given to the police or the prosecutor by witnesses. Sometimes, the prosecutor may not want to share specific evidence with the defendant before the case goes to trial, and the court must decide whether or not the prosecution is right to withhold the evidence from the defense. If there is resistance in the contribution of evidence, it is the defense’s burden to prove that the evidence is pertinent to the preparation of their case. Also, if the prosecution is willing to share their evidence with the defense, the defense must also be willing to provide the prosecution with the defense’s evidence. In the case that they are not willing to collaborate with the prosecution, the defense is not permitted access to the requested evidence.
Exercising your human rights ...see if the problem can be resolved without going to court If you are in a situation in which you believe that your human rights are being violated, it's advisable to see if the problem can be resolved without going to court by using mediation or an internal complaints body. Where you believe your rights have not been respected and you cannot resolve the problem outside court, you are entitled to bring a case before the appropriate court or tribunal in the UK. * Care Standards Act (updated 2005) * Finally realising the importance of the sector, the government appeared to decree a softly softly approach to the new regulator, extolling it to adopt a conciliatory attitude and "work in partnership" with care homes whilst they worked towards compliance with the new rules. * This, coupled with the major tasks of setting up it’s systems, organising it’s resources and bringing on board a number of other, previously unregulated, services kept CSCI, now CQC (Care Quality Commission) busy in the early years and little regulatory action seems to have been
Ultimately, the facts and arguments should be examined on both sides so that a decision can be made on whether to keep jury nullification the same or whether it is in the nation’s best interest to change it by either limiting it in some way or abolishing it completely. Jury nullification defined in the legal dictionary, is the acquitting of a defendant by a jury in disregard of the judge's instructions and contrary to the jury's findings of fact. In simpler terms it is when a jury refuses to convict a defendant because the law is being unfair. It is a very rare situation when a jury nullifies itself. It is said to happen in about three or four percent of criminal cases that go to trial.
To establish vulnerability of the subject the court may examine the education, intellect and mental stability of the suspect along with any previous experience with the legal system. The court will also verify whether the environment may have been the cause of getting a false confession. Those factors include the place, length, intensity and occurrence of the questioning. The court will also determine if the confession was due to the lack of food or sleep. Each possibly significant factor must be compared in the context of each case.
2d 54 (1975) the United States Supreme Court mandated that persons arrested without a warrant and held by law enforcement must be given a preliminary hearing to determine if there is ‘probable cause.’ Probable cause means that there is reasonable ground exists by the arresting officer who believes in the facts, and a preliminary hearing or preliminary examination would decide whether a prudent person would believe that the suspect committed the offense in light of the facts. The Role of the Grand Jury There are some states that use a grand jury to determine if their case is strong enough to issue an indictment. However some people will request a preliminary hearing because it will allow them to hear the evidence that is against them, or the basis of the prosecutor’s case. Others will request a preliminary hearing to request a dismissal of the case, but in some cases there is typically a second appearance called a preliminary hearing. A preliminary hearing is also considered a preliminary examination; rule five (c) of the Federal Rules of Criminal Procedure and state rules of criminal procedure follow the same process.