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What are the parties in dispute?
It depends on what kind of case it is. In a criminal case the parties are called prosecutor and defendant; in a civil case they are the plaintiff and the defendant; and in family law they are the petitioner and respondent.
Who is the person against the defendantin a trial?
It depends on where you are (like everything does), a Common Law system or a Civil Law system. In most parts of the United States (exceptions being possibly Puerto Rico, or New Orleans?) we use the Common Law system. In the Common Law system the defendant's case will be presented after the prosecutors case. The person that presents this case is the defendant's attorney. The defendant may obtain an attorney through several sources. They may hire their own, have one appointed if they qualify, or be able to obtain an attorney from a non-profit. If the defendant does not have an attorney, they are appearing pro se, or for one's own behalf. In that case the defendant will be the person presenting their own case. In the Civil Law systems the judge gathers evidence and information from each side and comes to a determination. In this system there is less emphasis on the presentation of the case that we generally see on TV in the US. It is generally best to consult with an attorney in the specific area to determine the best course of action.
I recently received a civil case judgment which the defendant was found personally liable not his business?
If the defendant was found personally liable, you may not receive much from this judgment. A judgment just says the money is owed, it doesn't provide the remedy for paying it.
How is a defendant punished if he loses a civil case?
If a defendant loses a civil case, they may be ordered to pay damages to the plaintiff. The amount of damages depends on the specific circumstances of the case and can include compensatory damages, punitive damages, and legal fees. In some cases, the defendant may also be subject to other remedies, such as an injunction or specific performance.
Can a husband choose to not testify against his mate in Washington state?
A spouse or civil partner of a defendant is almost always considered a competent witness for either side, and may choose to testify for or against their spouse. A defendant may, when relevant, compel their spouse or civil partner to testify on their behalf. The prosecution however, may only compel the testimony of the defendant's spouse or civil partner in cases of domestic abuse or violence or sexual offences towards persons under 16. When the spouse or civil partner is a co-defendant to the charges, they may not be compelled to testify. ~wikipedia.org/wiki/Spousal_privilege
What is the jury system?
The jury system is a common law (as opposed to civil law) system whereby a group of "peers" (his/her equals) tries a defendant to determine the facts and establish the guilt or innocence of the defendant. A judge will then apply the law in the case of handing out the sentence, he will also control the proceedings and may advise or direct the jury on points of law. In the UK a jury is used primarily in criminal cases which are heard in the Crown Court. The jury decides on whether a Defendant is guilty or not guilty. The jury is made up from lay members of the public who cannot be practising lawyers so as not to prejudice their decision. A jury can be used in some civil matters too.
How do you release a defendant in a civil suit?
"Release" them from what? POSSIBLE Answers: Civil defendants are not incarcerated so there is no 'release' from jail involved. The plaintiff may withdraw the lawsuit thereby 'releasing' the defendant from having to defend himself. The judge can 'release' (or dismiss) a defendant from a suit if they find insufficient cause that he was included in it.
How how can you sue for after car accident if defendant has no money?
If you are in a car accident caused by the defendant, you can recover from the defendant and/or his insurance company. If the defendant has no insurance coverage, and has no money, there is nothing to recover. You may win a judgment, but if the defendant has no money and no property, and is not earning either, you probably won't see much of the award. This is called judgment-proof.Added: Even though the defendant may not have any 'liquid' assets (ready cash) if they own anyting of value, you might look into the possibility of filing a lien against them to be paid off at some future time when they liquidate any asset.
How do you prosecute a tort?
To prosecute a tort, the injured party (plaintiff) needs to file a civil lawsuit against the alleged wrongdoer (defendant) in a court of law. The plaintiff must prove that the defendant's actions or inactions caused harm or loss, seek compensation for damages, and adhere to the legal procedures and deadlines during the litigation process. If successful, the court may order the defendant to pay damages to the plaintiff.
What can happen if a defendant never appears in court after receiving a summons in a civil case?
The court can rule in favor of the plaintiff. This is not an unusual occurrence. The plaintiff usually gets everything they asked for, which may be money, injunctions and compensation for court costs.
Does Russia have civil law?
Yes, Russia has the civil law. This is the relationship between citizens and the State. The civil law consists of the Civil Code of Russian Federation and other federal laws adopted in accordance with it, governing civil law relations. Civil law relations may also be regulated by decrees of the President of Russia, which must not contradict the Civil Code and other laws.
What is the standard against which you may be held accountable in civil law and criminal law?
(in the US)In criminal law - the standard for conviction is: PROVEN BEYOND A REASONABLE DOUBT.In civil law: the standard is: SHOWN BY A PREPONDERANCE OF THE EVIDENCE.Although they may sound similar, they are not.
