Defendant

Competency to Stand Trial Competency to stand trial means that the defendant understands the purpose of the legala proceedings against him and be able to cooperate with his counsel. He has to be able to understand the charges against him and the consequences if he is convicted. He must have a minimal understanding of court room procedures. He has to be able to plan a legal strategy, recall and relate to facts and events including his motives and actions when the crime was committed. He also…

different accounts of the day of the homicide, it must be proven beyond reasonable doubt that self-defence is not an appropriate defence and should be excluded. Self-defence is a defence against an attempted use of violence against an individual. A defendant who wishes to claim self-defence must prove that it was justified, and there must be an evidentiary burden that proves sufficiently that there was force from another, which made it reasonably necessary to use defence against possible…

Jenner (Defendant) experienced an epileptic seizure while operating his vehicle that crashed into Maxine Hammontree (Plaintiffs) bicycle store causing her personal injuries and property damage to the shop owned by her. Plaintiff sued the defendant for negligence and total liability. However, the court rejected to impose absolute liability. The case was appealed by Los Angeles County Supreme Court. Facts: Jenner (Defendant) has had seizures in the past, but not since the DMV issued him a…

DEMAND FOR A VERIFIED BILL OF PARTICULARS PLEASE TAKE FURTHER NOTICE that the undersigned demands that the answering defendant serves upon plaintiff within thirty (30) days, a verified Bill of Particulars of the claims alleged in said defendant’s Answer, setting forth specifically and in detail the answers to the following inquiries: 1. As to the First Defense, particularize and identify the collateral sources rendered and the amount of collateral offset that is claimed. 2. As to the…

watching as the older man shuffled through paperwork. Two women sat in the benches behind the defendant, and a well dressed balding man sat on the opposing side. A long discussion was being had in correlation to job wages and newfound work. My first thought would be that this was not the case I had intended to see,…

Caparo test. In this landmark case on establishing the duty of care, Lord Bridge enunciated a three-part or fold test for establishing the existence of a duty of care between a plaintiff and a defendant. This test has become known as the “Kaparo test”. In this test, for a claim by the claimant against the defendant for alleged breach of duty of care and therefore negligence to succeed, the plaintiff must establish three main things or elements of the tort of negligence. First, that the harm,…

and killing him. The defendant pleaded guilty in a federal court in Charleston, South Carolina (Blinder, 2016). According to the evidence presented in the case, the defendant shot the victim after the taser was used twice failing to subdue the victim. The victim ran away after being pulled over for broken brake lights. The defendant pleaded guilty to a single charge of willfully using excessive force to deprive Mr. Scott of his civil rights. The move would thus allow the defendant, Slager, who…

insists that the defendants was “incapable of formulating criminal intent because he/she blacked out or was acting unconsciously”, and therefore, had no intent to commit the crime. (p. 79). For instance, there have been many cases where individuals commit criminal acts while in an unconscious state of mind. Specifically, there have been instances where defendants acted outside of the law while sleep-walking. As a result, the…

despite having committed several serious offences each, the defendants only received relatively small sentences. A more suitable punishment would be for each defendant to serve a mandatory period of a number of years without parole (this period would of course depend on the crimes committed). To ensure that such a punishment remains fair to both the individual and the community, there would need to be a list of criteria that the defendant should meet in order to receive a mandatory sentence.…

Introduction The laws of England and Ireland did not enable the freezing of assets of a defendant without lawful judgement prior to 1975. Thus this involved each case being brought before the courts and tried before such an order of the court was imposed. As a result the absence of such a remedy that could put an almost instantaneous hold on any transferable asset was aiding the defendant to avoid liability. Lord Denning stated that the Mareva injunction was “the greatest piece of judicial…