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Tracing equity practices at common law, Bray has argued that a federal court may only give an injunction that "protects the plaintiff vis-à-vis the defendant, wherever the plaintiff and the defendant may both happen to be." [3]: 469 It cannot "constrain the defendant's conduct vis-à-vis nonparties."
Under federal law, the defendant can only waive their right to trial if it is clear that the defendant understands the "charges, the consequences of the various pleas, and the availability of counsel". [24] State laws on the subject are often less strict, making it easier for prosecutors to obtain a defendant's waiver of the right to trial.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
Unless the defendant consents in writing to the contrary, a trial may not commence less than 30 days from the date when the defendant first appears through counsel or expressly waives counsel or elects to proceed pro se (without a lawyer). [17] [18] Case law of the Speedy Trial Act is found in 16 ALR 4th p. 1283 et seq. [8] [19]
The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: to regulate the relationship between states, or between one state and another;
In Blackledge, the prosecutor increased the severity of a defendant's charge—from misdemeanor to felony—after the defendant moved for a trial de novo. [6] In finding a due process violation, the court evinced a concern that fear of prosecutorial vindictiveness would have a chilling effect on a defendant's willingness to exercise his rights.
The law permits use of reasonable force to protect one's person or property. If force is used for self-defence they will not be liable for harm. Unclean hands. In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification – such as self-defense and defense of others or defense of property.