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A defendant who is awarded a new trial on appeal cannot object to the new trial because the appeal is deemed to be a of the portection against double jeopardy?
Wiki User
∙ 14y ago
Since it is unlikely that the defendant would appeal a not guilty verdict, it can be safely assumed that was the defendant who appealed their case after receiving a guilty verdict at their original trial. Taking a case to the court of appeals is NOT deemed to be exposing yourself to double jeapordy - only that you are hoping to get 'a second bite at the apple' in the hopes of having the first decision reversed.
It would only be double jeapordy if the defendant was found NOT guilty and, without going through the appeals process, the state re-filed the exact same charges for the exact same offense, in an attempt to have another chance at proving him guilty.
Wiki User
∙ 14y ago
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What steps do you have to take in detail to file a judgment?
A lawsuit must be filed against the debtor/defendant in the court of jurisdiction. If the plaintiff wins the suit a judgment will then be entered against the defendant. Judgments can be executed against the property or wages of the debtor in accordance with the laws of the state in which the judgment is awarded.
Washington state If a judgment is awarded against the husband is the wife's assets in jeopardy?
Yes in most cases there will be a consequence. The spouse is considered to have benefited from the assets of the other.
Can you give example of a sentence using the word defendant?
Defendant:noun: a person, company or party who is being sued or accused in court; the defending party.Example sentences:The plaintiff gave damaging evidence against the defendant.The judge ordered the defendant to be held without bail.The defendant was eventually awarded 2.5 million dollars.
If you have a judgment against you what does this mean and what can the company that has the judgment against you do to you?
A judgment is a court order that is awarded when a lawsuit is won by a plaintiff. The judgment can be executed in several ways pursuant to the laws of the state where it was awarded. Some of them are, garnishment of wages, levy of bank account(s), liens against real property, seizure and sale of nonexempt assets belonging to the defendant. Macky...(macky83@juno.com)
What is a judgment of default?
The term describes the action taken by the court when the named defendant fails to respond to the lawsuit summons in writing and/or appearance upon the court date. A defendant is not required to make an appearance in court in a creditor suit, but failure to do so means the plaintiff will be automatically be awarded a writ of judgment. Such a judgment can then be executed against the defendant's real and personal property in accordance with the laws of the defendant's state.
What are Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future?
Punitive damages are monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
If you have a default due to someone sueing you how does that affect you?
A 'default judgment' is awarded to the plaintiff when the defendant does not appear in court to defend themselves against the claim. If the judgment was awarded to them in your absence, then you are required to obey the courts finding. Depending on what the claim was for, and in what amount, they may be able to seize, or place a lien against, property of yours equal in value to the claim they won.
Who wins when case is dismissed with prejudice at defendants cost?
If a case is dismissed with prejudice at the defendant's cost, it means that the plaintiff wins the case. The dismissal with prejudice means that the plaintiff cannot bring the case again, and the fact that it is at the defendant's cost indicates that the defendant is responsible for covering any expenses related to the case.
Can a default judgment for unpaid credit card debt be awarded if you never officially received a court summons?
Yes, only a reasonable attempt to serve a civil summons is necessary. If the defendant is not located, refuses service of the summons, etc. the creditor's suit will be heard and usually a default judgment will be entered against the defendant.
Can an ex-boyfriend place a lien against your property for throwing away his belongings?
The boyfriend would have to file a lawsuit and be awarded a judgment before he could take seize or attach property belonging to the accused person/defendant. Judgments can be used to place liens against real property (houses, vehicles, land, businesses, etc.) owned by the losing defendant. Judgments can also be used to garnish wages or levy bank accounts or seize any non exempt property belonging to the defendant.
What will happen if you do not show up for court when being sued by collection agency or credit card company?
The defendant is not required to make an appearance in a creditor suit, but if he or she does not appear the plaintiff (creditor) will win by default and a judgment will be entered against the debtor. FYI, unless the defendant has undisputable evidence that the suit is faulty (debt not valid, wrong person being sued, etc.) it will make no difference in the outcome whether the defendant debtor appears or not, the plaintiff will be awarded a judgment.
Does the collection agency or the court notify you when a judgment is placed against you?
The defendant debtor will receive a notice of final judgment from the court where the suit was heard and a judgment was awarded. The notification may be served by an officer of the court or independent agency or it may arrive by certified mail.
