How to use defendant's in a sentence

Looking for sentences and phrases with the word defendant's? Here are some examples.

Sentence Examples The appellate court, though it reversed the defendant's trial court victory, agreed that such an argument could be pursued. The plaintiff, who was on the defendant's land as a licensee, was injured by the negligent shunting of railway trucks. He confined his expert opinion to what speed the defendant's vehicle was travelling at having regard to the skid mark of 10.5 meters. In September the plaintiff attempted garnishment on what he thought was the defendant's banker. The trial developed that administering arsenic and croton oil to old men was by no means the defendant's only foible. Therefore the defendant's fault was not a cause of the collision which occurred while the mate was in charge of the ship. Peter Butterfield, mitigating, asked for magistrates to consider the defendant's previously unblemished record. There was simply no evidence as to the defendant's possession of such drugs, or that they were funded from previous dealing. He basically tried to change the subject to the defendant's otherwise blameless life. The fact that the claimant was a trespasser is, from the defendant's point of view, purely fortuitous. He took into account the defendant's age, his family problems, his previously blameless life and the fact that the money had been returned. Victims have to show that but for the defendant's negligent conduct they would not have been injured. He agreed only after ensuring that he was covered under the defendant's comprehensive car insurance policy. The government can seize a defendant's assets immediately after indicting him, making it virtually impossible to finance an effective defense. The defendant's friend's boyfriend had offered to move her car from a car park so she would not get a parking ticket but kept stalling it. On day two, by reason of supervening events, the defendant's negligence ceases to be a cause of that continued trading. With fault on both sides, it was the defendant's fault which was causatively more potent in relation to the injuries suffered. That case received significant support from the evidence of the defendant's wife. Having recovered from the headbutt, it was followed up by an immediate thrusting of the defendant's hand into his face. Well, I will make an order that those two matters be permanently stayed and that the plaintiffs pay the defendant's costs. Show More Sentences On searching the defendant's bedroom he found a container with enough cannabis resin to make 35 cigarettes. Contributory negligence could reduce the monetary quantification of the defendant's liability, but it cannot legally or logically nullify it. The defendant's real complaint was that, when the trial bundle was sent by special delivery, the envelope was addressed wrongly. The first is that it was the defendant's evidential case that was being tendered. The letters contained a smaller envelope each, with the defendant's name on three of these and a further two names on the other two. Striking out a defendant's defence disentitles that party from having any trial. The plaintiff was the wife of one of three nightwatchmen who had gone to the defendant's hospital after drinking some tea and becoming ill. The defendant's car was badly damaged and had a smashed windscreen and two shredded tyres. The keeper of the vehicle was identified as the defendant's stepfather and he gave police his stepson's address. Where the defendant's comment imputes corrupt, dishonest or wicked motives to the claimant the position is different. Damages awarded for this type of loss are sometimes called aggravated damages, as the defendant's conduct aggravates the injury done. Then came the defendant's rejoinder, the plaintiff's surrejoinder, the defendant's rebutter, and the plaintiff's surrebutter. Judge Soedarto adjourned the next hearing to next Monday, when Antashari will reply to the rebuttals by the defendant's team of lawyers. The defendant's motive should not change a lawful act into an unlawful act. The motion was dismissed, on terms, without prejudice to the defendant's right to renew the motion at trial. Her male colleague approached and took hold of the defendant's arm but was hit in the arm and the other officer was pushed away, she said. In the passage cited above he referred to the defendant's asking the court to sanction his committing a wrongful act. Only the state of the sanity of the defendant's mind mattered, and that was the purview of men with education and experience. The plaintiff did not use the land and was unaware of the defendant's use of it. The plaintiff issued a special demurrer to that plea, alleging it furnished no legal justification or excuse for the defendant's action. Show More Sentences It is on the eve of the defendant's trip to India that the subject matter of the lawsuit arises. The four punks who attacked Sammy were all sitting handcuffed to chairs on the defendant's side of the room. However, in court, Erin's surly manner and profane vocabulary do not endear her to the jury, which finds in the defendant's favor. Your Honour, the first defendant's position is that the plaintiff is either estopped from bringing these proceedings or the proceedings constitute an abuse of process. Once a jury renders a guilty verdict for murder in the first degree, mitigating factors are weighed against aggravating circumstances to decide the defendant's fate. Since assumed jurisdiction would not accord with such standards, nor with the law of the defendant's home, this factor weighed against assuming jurisdiction. A requirement that the defendant's belief be well-founded is ambiguous. In re-examination the defendant's counsel explored this with the witness. The defendant's capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct to the requirements of the law, was significantly impaired. In 1556, the British Lord Chancellor, appalled by the excessive 120 page length of a plaintiff's reply to a defendant's plea, had him fined ten pounds and imprisoned. Malice tips the balance towards finding the defendant's user unreasonable. In making the determination whether or not there is that necessary element of repetition one looks at the whole history of the defendant's litigious activity. This instruction does not cover the defendant's theory, which is that he had no knowledge of the theft of the car until after the asportation had ceased. Most microscopists held that the blood of different mammals could not be differentiated, and so were reluctant to testify when a defendant's life might be at stake. It requires the trier of fact to look at the defendant's state of mind. In any event, the defendant's uncontradicted testimony is that she was present when that work was done and assisted with everything but the heavy lifting. At first sight, to say that the defendant's nonfeasance did not cause the plaintiff's loss seems to provide a sort of objective criterion for not imposing liability. The claimants submit that that is a decision to which no reasonable planning authority could come and it vitiates the defendant's consideration of the planning application. Sometimes they hear from character witnesses, like the defendant's schoolteachers, who will describe if he or she seemed immature or prone to taking risks. To take a hypothetical case, suppose that, on day one, an unlawful trading activity starts which is not disclosed or prevented as a result of the defendant's negligence. Show More Sentences The claimant's solicitor had sworn an affidavit in which she explained the difficulties that her firm was encountering in trying to ascertain the defendant's whereabouts. It would be the defendant's early application that the writ be pared down to a considerable extent to put it in terms that are able to be properly defended and pleaded to. The claimant gave uncontested evidence about the agricultural use of the defendant's premises, which include what was formerly a piggery and about 25 acres of grassland. The fact that A.K. was the person who suggested lowering the sewers was confirmed during his examination by Zaven Sarkissian, the defendant's consulting engineer. In a disappointing development for women's groups, the proposals on rape will not affect the burden of proof or the presumption of the defendant's innocence. It was not disputed that the words were spoken on a privileged occasion, but the plaintiff alleged that the privilege was defeated by malice on the defendant's part. So, both conceptually and evidentially, the last act within the defendant's control that gives the cause of complaint in relation evidentially closed. Before filing a revised second amended complaint, the plaintiff's attorney sent the defendant's attorney a courtesy copy. Such written request must be made to the Executive Vice President on or before the filing of the defendant's surrebuttal. Trog upheld a downward dispositional departure based solely on the defendant's particular amenability to probation. The focus of this test is the nature of the defendant's conduct rather than his mental state and it became the subject of major criticism. A mitigating circumstance is something that reduces the defendant's blameworthiness or otherwise supports a less severe punishment. In Peterson, the DOC records were being introduced to establish the defendant's prison releasee reoffender status at sentencing. The congregation is judge, jury, appointer of experts, and even the appointer of the defendant's lawyer. Yet, just as a plaintiffs expert may introduce a clinical practice guideline, a defendant's expert can attack its admissibility. The contributory negligence defense can potentially eliminate the defendant's responsibility to pay damages to an injured plaintiff. Between the defendant's acts and the victim's harm, the chain of causation must be unbroken. The defendant was convicted because the prosecutor proved the defendant's prior knowledge of the victim's particular vulnerability. Duress operates as an excuse but necessity operates as a justification, rendering the defendant's conduct lawful. For example, a deed was conclusive proof of a defendant's liability to pay. Show More Sentences On the other hand, it matters not who is actually harmed through a defendant's actions. If the claimant is involved in wrongdoing at the time the alleged negligence occurred, this may extinguish or reduce the defendant's liability. Objection, Your Honour! The defendant's criminal record is immaterial to this case. An action may be voluntarily dismissed at any time by the plaintiff prior to the defendant's filing of an Answer or Motion for Summary Judgment. This may include, for example, aggravating circumstances which will be used to elevate the defendant's sentence if the defendant is convicted. If cocaine is to be reclassified, defendant's arguments should be made to the legislative branch, not the courts. Thus, the defendant's normal inhibitions must be overwhelmed by his or her belief in the efficacy of the threat. The defendant's alibi is that he was at a meeting of the Knights of the Ku Klux Klan during the time the crime was committed. Central to his thought was the notion that the law, as it had evolved in modern societies, concerned with the material results of a defendant's actions. Fast-track programs allow prosecutors in certain districts to offer below-Guidelines sentences in exchange for a defendant's guilty plea and waiver of certain rights. A case can remain in limbo for years while the parties fight over a defendant's attempts to discover information about a plaintiff's possible inequitable conduct. A novel aspect of the law on intention is that if one intends to harm somebody, it matters not who is actually harmed through the defendant's actions. The plaintiff need not allege or prove proximate cause, which would indicate that the result of the defendant's actions was reasonably foreseeable. County Court judgments are recorded in the Register of Judgments, Orders and Fines and in the defendant's credit records held by credit reference agencies. To assure a defendant's acquittal, a lawyer usually needed only to convince the jury that the victim was a pretty sorry specimen of a human being. Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss. In R v Singh, the Court of Appeal held that a threat to expose the defendant's adultery would not be sufficient threat to overbear the will of an ordinary person. Stevens acknowledged that district courts may be better situated than appellate courts to determine the reprehensibility of a defendant's conduct. The plaintiffs here are third persons, and cannot be made responsible for the inadequate judgment or the improper exercise of power by the defendant's wife. All the evidence points toward the defendant's guilt. I rest my case. Examples from Classical Literature Under certain conditions, if the defendant's hardship could be definitely shown, a writ of certiorari and supersedeas might issue. It is, of course, essential that the wrongdoer must be the defendant's servant. There she found eight other women, all Moldavians, who she knew were all working as prostitutes under the defendant's behest. A Brady violation occurs when the prosecution withholds exculpatory evidence that could declare the defendant's innocence. It is true that he does not promise in so many words that he will use reasonable efforts to place the defendant's indorsements and market her designs. A plaintiff who prevails on an assigned bad faith claim against the insurer may be able to recover full compensation in excess of the defendant's liability coverage limits. Find more words! 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