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Who is the person representing the state in a case against a defendant?
Wiki User
∙ 9y ago
constitution
Wiki User
∙ 9y ago
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Is DUI a crime against a person?
No, it is an offense against "the state." "The state" in this instance representing ALL citizens.
What is called a person defending the defendant?
In this state a person defending the defendant is called the defense attorney.
What brings the action in a criminal case?
The State brings an action against a defendant.
Can someone sue another person if they do not live in the same state?
Yes, they can, but the court must have jurisdiction over the defendant (the person you sue). In general, the court will have jurisdiction if the defendant has some connection to the state you are suing in such that it is reasonable for the defendant to be forced into court in that state. For example, the defendant has a business in the state, or the lawsuit is about a product that the defendant sold in the state, or something the defendant did in his state had a predictable (and harmful) effect in the state where the lawsuit is brought. You cannot sue a person in a state where that person has absolutely no connection (e.g., doesn't live here, has never been here, has no business connection here, etc.). Think of it this way: If the defendant injured you somehow in Nevada, you couldn't sue him in California (unless he or she lived in California too). But if a defendant standing in Nevada shot you with a gun and the bullet hit you in California, you could sue the defendant in California because the defendant intentionally caused harm in California, creating the necessary connection to the state. In federal court you can sue a person in another state. This is because there is a type of jurisdiction particular to federal courts that is cdalled "diversity jurisdiction". This refers to the fact that the federal court is consideered to be the neutral territory for suit between citizens of different states. It dates back to an old their that courts in one state would be prejudiced against litigants from other states. Another aspect of jurisdiction is "personal jurisdiction". This refers to the concept that a defendant must be served with precess (i.e. the summons and complaint) do that the court has jurisdiction over them. This is considered to be a due proce3ss right in that the person being sued has knowledge of the suit and is given the chance to defend.
What is the difference between the prosecution and counsel for the defence?
The difference between the prosecution and counsel for defence is that the prosecution is the body that is representing the plaintiff who tries to convice the judge/magistrate that the defendant has committed crime while the counsel for defence is the body that is representing the defendant who tries to convince the judge/magistrate that the defendant has not committed any crime.
Who is the plaintiff when the state represents a minor for criminal charges?
Questioner has mistakenly mis-stated the question. The state would not be representing the juvenile against a plaintiff - the state IS the plaintiff and would be prosecuting the juvenile. The person against whom the juvenile committed the offense is known as the COMPLAINANT.
What is a criminal justice lawyer called?
If you refering to what is the term for a person who is trying the state's case against the defendant, they are called the Prosecutor.Added: His opposite number in the courtroom, would be the Defense Attorney.
Why are criminal cases titled in terms of the state against the defendant?
Because defendants in a criminal case have committed a crime not just against a specific victim or victims, but against the State/society in general.
State the name of the document used to commence a civil lawsuit against a defendant?
In the United States federal court system, the document used to initiate a civil lawsuit against a defendant is called a complaint. In the state court systems, this document is usually called a petition.
What is the name of the person on trial in a court of law?
Which person? In most trials, there is a judge, a prosecutor or plaintiff's attorney, a plaintiff, a defendant, defendant's attorney, a court reporter and clerk, baliffs, witnesses, jurors, and observers.
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.
State tax refund garnishments?
when a plaintiff files a garnishment against your state of michigan tax refund when is proof of service done and by whom to the defendant?
