Defendant

to a spike in violent crimes in that area, stopped defendant Stanley Hardee for speeding and weaving through traffic without signaling (A76). The police officers had to pursue defendant’s vehicle for five to six blocks until he finally pulled over the car. Id. Officer Kailer and sergeant Siani approached to the defendant’s side of the vehicle and officer Loud to the passenger lateral (A78). Sergeant Siani and officer Loud testified that defendant Hardee was “wide-eyed”, appeared to be very…

unfair competition, deceptive trade practices and trademark and trade dress dilution, against Defendant S (Sketchers USA Inc.). Plaintiff A put forward such claims due to the assertion of belief that throughout the years, Defendant S had knowingly and continuously produced shoes designs which possessed jarringly similar to those of trademarked signature designs produced by Plaintiff A. Plaintiff A and Defendant S are known to have a long ongoing vendetta that stems from the infamous 1994 Civil…

One will be guilty which is when the prosecutor or the government proves that the defendant committed the wrong action. The other verdict will be not guilty or in other words innocent or acquitted and it is when the prosecutor does not prove that the defendant committed the wrongful action. If the defendant is found not guilty the prosecutor will dismiss, discharge or let the defendant free. But, if the defendant is found guilty there are outcomes or consequences as incarceration (going to jail)…

The general session judge will advise the defendant that he or she has the right to an attorney if they do not have an attorney present. If the defendant chooses right to counsel, the judge will reset their court date to give them time to retain an attorney or to apply for a public defender. On the next appearance, the defendant will be given the opportunity to plead guilty to the charge (s). If they do not wish to plead guilty, a…

finally got to hear what the defendant say happen instead of just listening to the police officers point of view of showing up after the fact. The defendant started to describe the event by saying that he got off work at Home Depot and went to the park in the front of his building to sit outside and smoke a cigarette to relax after work. As he was sitting on a bench outside, the victim approached and started to break down marijuana to role into a joint and smoke. The defendant asked the…

In order for someone to be found negligent the defendant must have owed the claimant a duty of care, failed to perform their duties and failed to fulfil their responsibilities, and damages must be incurred from this breach. Donoghue and Stevenson established the first duty of care by setting up the neighbour principle, the neighbour principle highlights that anyone who is solely affected by your omissions or acts is owed a doc (Duty of Care) by you. In this case Mrs Donoghue drank part of a…

handed down towards the defendant. In most case the initial start to the punishment, begins with pretrial releases which was stated in the chapter that the police was empowered to making the decision of releasing the defendant. As in current times the Prosecuting Attorney has more discretion since they are handling the case. In regarding of an attorney, it can be extremely difficult for a defendant to secure an attorney because of financial situations. In most cases a defendant is in searching…

ARGUMENT I. DEFENDANTS MOTION FOR SUMMARY JUDGMENT SHOULD BE GRANTED BECAUSE PLAINTIFF CONSENTED TO AND WELCOMED THE SEXUAL ENCOUNTERS WITH DEFENDANTS. There remains a split in authority as to whether, as a matter of law, an inmate can consent to sexual relations with a correctional officer. Carrigan v. Davis, 70 F. Supp. 2d 448, 460 (D. Del. 1999). The U.S. Courts of Appeals for the Sixth and Eighth Circuits have held that an inmate's Eighth Amendment rights are not violated when she…

mental illness when committing the prohibited act. When defendant lack of certain capacities and controls when doing an act, criminal responsibilities may be exempted. Insanity, known as insane automatism, which refers specifically to conditions that impair one's ability to discharge one's legal responsibilities. It is partial defence to those who suffering mental disorders as to unaware of their acts or who do not know his act is wrong. Defendant can still be retained even though found not…

different cases that pertained to the same issue. There were four cases regarding the defendant 's Fifth Amendment rights were violated these cases were Miranda v. Arizona , Vignera v. New York, and Westover v. United States, and California v. Stewart .Of the four cases, three of them had the same issue in that the defendants were arrested and questioned for a crime that led them to confess.However, none of the defendants were aware or told of their 5th amendment right to remain silent until you…