This brief is presented to a local circuit court as “Smith v Jones.” (The stand-alone v — without punctuation — is used in preference to vs or versus). The brief has five or six sections: Who is suing whom – parties to the complaint.
The case is accepted by the local circuit court, and at the same time, Jones is notified (“served” with a notice) about the lawsuit. Now Jones can take a variety of actions. An Answer or response, is drawn up by respondent (defendant) Jones.
Facts of the case such as the occupations and addresses of the plaintiff and respondent, the publication of a news article by Ms Jones (the defendant / respondent) and the damages allegedly suffered by Ms Smith (the complainant / plaintiff).
In our hypothetical case, we’ll say that Samantha Smith is a state legislator and a well-known public figure in Virginia. Jesse Jones is a web publisher in the Tidewater region. Smith says Jones hurt her reputation when she published untrue allegations about her supposed illegal and immoral conduct.
Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case which held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.
Antoine Jones was arrested on Oct. 24, 2005, for drug possession after police attached a tracker to Jones's Jeep -- without judicial approval -- and used it to follow him for a month. A jury found Jones not guilty on all charges save for conspiracy, on which point jurors hung.
The Katz test assesses whether law enforcement has violated an individual's “constitutionally protected reasonable expectation of privacy.”12 This test is traditionally used to determine whether a search has occurred within the meaning of the Fourth Amendment.
The plaintiff is the person who brings a lawsuit to court. In civil law cases, the plaintiff is also sometimes referred to as the claimant—that is, the person bringing a claim against another person. The other party in a civil lawsuit is the defendant or respondent (the one who responds to the suit).
In a plea agreement with the commonwealth, Antwan Lamont Jones, 21, Campbell, Ohio, pleaded guilty to third-degree murder and carrying a firearm without a license for shooting 31-year-old Clarice Somerville to death July 12, 2020, on Quinby Street in Sharon.
The court concluded that Jones had a reasonable expectation of privacy in his movements and that the GPS tracking constituted a search under the Fourth Amendment. The D.C. Circuit distinguished Jones' facts from those in the Supreme Court's earlier decision on locational tracking, United States v.
The two-pronged test maintains that a warrant cannot be issued on an informant's tip unless the officers state that the reasons that led them to believe the informant are credible or that the information is reliable on this particular occasion and unless affiants state the reasons that led them to conclude that the ...
Fourth Amendment: Protects the right of privacy against unreasonable searches and seizures by the government. Fifth Amendment: Provides for the right against self-incrimination, which justifies the protection of private information.
Which of the following would be considered a violation of a person's reasonable expectation of privacy, requiring a warrant? The correct answer is: Police place a listening device in a public telephone booth to monitor conversations.
plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued. The term corresponds to petitioner in equity and civil law and to libelant in admiralty.
Overview. A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.
In legal terms, the plaintiff is the person who brings a lawsuit against another party. This is not to be confused with being seen as the victim in a lawsuit, because being the plaintiff doesn't mean you're in the right. It's simply the legal term for being the person who filed a lawsuit against the defendant.
The answer may include preliminary motions, for example, a motion for summary judgement on the basis of insufficient evidence, or possibly on an inaccurate reading of the law (called a demurrer ). Other preliminary motions may include motions to suppress evidence illegally obtained, motions to change the venue ...
In appeals cases the relief requested may be to reverse the lower court verdict or to overturn a law as unconstitutional. The case is accepted by the local circuit court, and at the same time, Jones is notified (“served” with a notice) about the lawsuit. Now Jones can take a variety of actions. An Answer or response, is drawn up by respondent ...
Trial ordered — If a trial is requested and ordered, a date is set and all evidence is certified by the court. Sometimes groups that are not named in the complaint but who have a stake in the trial may file a “friend of the court” (amicus) brief.
At the federal appeals court level, usually only one judge presides, but on important cases they may preside “ en banc ” or with most or all judges. The appeals court reads the briefs, hears the oral arguments, and then issues an opinion.
In a civil case, the test is the preponderance of evidence. However, in a Constitutional law case involving the First Amendment, such as a libel case, claims by plaintiffs are judged under either a strict scrutiny standard (for content-specific issues) or an intermediate scrutiny standard (for content neutral issues).
Smith wins and Jones appeals. Now the case is now called Jones v Smith. Appeal — Either side can appeal a trial court decision to a higher court for a variety of legal reasons. There is a chain of appeals courts in both state and federal systems. A case heard by a state supreme court can be appealed to the US Supreme Court ...
Evidence is weighed by judge or jury using appropriate tests (or standards) to the evidence. At the trial court level, the outcome is a jury verdict. In a criminal case, the well-known test is guilt beyond a reasonable doubt. In a civil case, the test is the preponderance of evidence.
3. Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there.
E. A court in Georgia would have original jurisdiction, but appellate jurisdiction would be in a state in which at least one of the brothers lives. B.
In all cases state courts have concurrent jurisdiction with the federal courts. C. Federal courts begin with exclusive jurisdiction until a state court intervenes. D. In all cases state courts have exclusive jurisdiction unless the state's supreme court grants jurisdiction to a federal court in the state. E.
Not all states have intermediate courts of appeal; and in those states, appeals go to the state court of last resort. E. Not all states have intermediate courts of appeal; and in those states, appeals go to the state court of last resort. 16.