Defendant


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defendant

a person against whom an action or claim is brought in a court of law

Defendant

 

(respondent), one of the parties in a civil case being heard in court or one of the parties in an economic dispute being resolved by an arbitration tribunal. The defendant is brought into the case in connection with the plaintiffs claim that his rights have been violated.

In Soviet law defendants may be either citizens or enterprises, organizations, and institutions exercising the rights of a legal person (only legal persons may be defendants in an arbitration tribunal). The status of the defendant in court and his procedural rights and duties are stipulated in the Basic Principles of Civil Procedure of the USSR and the Union Republics and in the codes of civil procedure of the Union republics. The defendant’s rights and duties in an arbitration tribunal are given in the Rules for the Hearing of Economic Disputes by State Arbitration Tribunals.


Defendant

 

a person accused of committing a crime, from the moment of arraignment until the sentence takes legal effect or acquittal is announced. In Soviet criminal procedure, the arraignment is conducted either by an administrative session of the court or by a judge in cases that reach the court through an indictment endorsed by the procurator after an investigation (either an inquiry or a preliminary investigation). In cases of private accusations, where the materials are submitted directly to the court, the person becomes a defendant from the moment that the people’s judge rules to initiate a criminal case; the ruling is simultaneously an arraignment.

As a participant in the court hearing the defendant (prisoner at the bar) has various rights to protect his legal interests, such as the right to defense (independently or with a lawyer’s aid), the right to challenge the composition of the court, the prosecutor, or an expert, and the right to petition the court to call new witnesses, to demand and bring in new evidence, and to ask questions of participants in the court hearing.

After a guilty verdict is delivered and goes into effect, the defendant becomes a convicted person.

References in periodicals archive ?
The officer then returned to defendant's vehicle and told defendant to get out to receive a seat belt citation.
The defendants responded that both parties had been untimely in their discovery responses, and that the defendants produced the documents in good faith in order to ensure that all potentially relevant documents were produced.
SANTA CLARITA - The five defendants were seated in the courtroom when a jury of their peers filed into the jury box Thursday and took their seats in Division 3 of Newhall Superior Court.
The files, or information contained therein, "need not be furnished to the defendant or the court unless they contain information that is or may be material to the defendant's case.
While some, like the Christian Science Monitor, trumpeted, "To stand trial, defendants can be medicated by force," others, such as the New York Times, headlined their story "Court Limits Right To Drug Mentally Ill Defendants" with equal vigor.
Similarly, a defendant who files a counterclaim, or sues another health care provider as an additional defendant based on different acts of alleged negligence, also must file such a certificate.
Plaintiff notified defendant of another sinkhole on her property in 1988.
In addition, the defendant failed to indicate which person might offer testimony as to the intent of the parties to the lease regarding the tax refund.
5 million the state says it ought to collect from defendants over the next two years.
In a 1992 Virginia case involving a woman charged with drunk driving, one juror, Yvonne Zecca, reported that although a majority of jurors felt the defendant was guilty, the panel voted to acquit due to a lack of evidence.
For instance, New York provides for several liability only for noneconomic loss such as pain and suffering it the defendant is less than 50% at fault.
The district court granted summary judgment for the defendants and the appeals court affirmed The appeals court held that the prison's no-gift publications policy violated the prisoner's First Amendment rights but that prison officials were entitled to qualified immunity.