Jun 04, 2019 · Contractor reserves any and all claims, including cumulative impact claims, for additional time or money relating to costs (including extended overhead costs) or damages arising from or related to ...
Sep 18, 2020 · If the restitution order does not cover all of your losses or if the restitution order is not due and payable in full immediately, or if the laws of your state provide you an effective means by which to enforce collection of the restitution civilly, your attorney can help you understand your options and if necessary, formulate a plan for civil ...
Avoid legal terms 6. Insured’s continued cooperation Tell insured to provide new pleadings in order to reevaluate 7. Insured’s right to own counsel at own expense 8. Insurer’s right to file declaratory judgment action 9. Insurer’s right to assert other policy defenses
— An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. ... — In any case in which private counsel for the accused, the public attorney, or the prosecutor. ... — If the court is satisfied that the examination of a witness for the accused is necessary, an order will ...
Prosecutors are government lawyers who prosecute criminal cases. To prosecute means to lay a charge in a criminal matter and to prepare and conduct legal proceedings against a person charged with a crime.Jul 7, 2021
The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019
A prosecutor is a lawyer who works for a state or government organization and is responsible for starting legal proceedings and then proving in court that the suspect committed the crime he's accused of. The opposite of a prosecutor is a defense attorney.
The Supreme Court, however, in numerous cases (such as Brady v. United States, 397 U.S. 742 (1970) has held that plea bargaining is constitutional. The Supreme Court, however, has held that defendants' guilty pleas must be voluntary, and that defendants may only plead guilty if they know the consequences of doing so.
A public prosecutor represents the state in any criminal case. It is because a crime is considered a crime against the entire society. After the completion of the enquiry by the police, the public prosecutor begins the prosecution on behalf of the state.Jul 9, 2019
The person appointed to act on behalf of the donor is called an attorney. Anyone can be an attorney, as long as: they are capable of making decisions, and. they are 18 or over.
Only fully qualified members (a Fellow or person authorised for practice rights) is a lawyer, and may call themselves as such.
"Esq." or "Esquire" is an honorary title that is placed after a practicing lawyer's name. Practicing lawyers are those who have passed a state's (or Washington, D.C.'s) bar exam and have been licensed by that jurisdiction's bar association.Dec 22, 2013
Lawyers are people who have gone to law school and often may have taken and passed the bar exam. ... An attorney is someone who is not only trained and educated in law, but also practices it in court.
Lawyers are qualified to represent prosecution on behalf of Government but they no way higher than general practitioners. Any senior, reputed lawyers do not prefer to work under any organisation mostly prosecution. , JD, Practiced law in State and Federal Courts at both the Trial and Appellate level. No.
As nouns the difference between attorney and prosecutor is that attorney is (us) a lawyer; one who advises or represents others in legal matters as a profession while prosecutor is a lawyer who decides whether to charge a person with a crime and tries to prove in court that the person is guilty.
The Restitution Process (Fraud and/or Financial crimes) In federal court, a convicted offender may be ordered to reimburse victims for financial losses incurred due to the offender's crime. This reimbursement is called "restitution," and it may be ordered for lost income, property damage, counseling, medical expenses, ...
While defendants may make partial payments toward the full restitution owed, it is rare that defendants are able to fully pay the entire restitution amount owed. If and when the defendant pays, you most likely will receive a number of small payments over a long period of time.
The Financial Litigation Unit (FLU) is charged with enforcing orders of restitution, and monitors efforts in enforcing a Judgment if defendant assets or income are identified. FLU will pursue various means to enforce restitution, as its resources permit, on behalf of identified victims for 20 years from the filing date of the Judgment, plus the time period of actual incarceration, or until death of the defendant. In addition, while a defendant is under the supervision of a probation officer, that probation officer will also monitor and ensure appropriate restitution is paid, where possible.
There is an inherent conflict between the interests of an insurer and the interests of its insured, given that the insurer is required to pay for a benefit to the insured. It might be in the insurer’s interest to pay as little as possible for both defense costs and indemnity, while the insured’s interests might warrant a more rigorous defense, especially if there is some uncertainty that the insured will be indemnified for any eventual judgment. This conflict is also present with defense counsel hired by the insurer to represent the insured. Defense counsel owes a fiduciary duty to both the insurer and insured but generally has an ongoing, and potentially dependent, relationship with the insurer.
An insurer generally does not have a duty to reserve its rights on coverage and policy defenses of which it is not aware, but a reservation of rights letter should be sent as soon as the insurance carrier becomes aware of a coverage or policy defense. There is generally no specific time by which an insurer must provide a reservation of rights letter to the insured. But an insurer runs the risk of waiving, or being estopped from asserting, its coverage and policy defenses if its reservation of rights letter is untimely.2
There is a difference of opinion among insurers and coverage counsel regarding whether defense counsel retained by the insurer should receive a copy of the reservation of rights letter. The argument for providing the letter to defense counsel is that it assists enables counsel to more effectively represent the insured, and there is an argument that defense counsel must know about any reservations to properly represent the insured. Others argue that advising the defense counsel of the coverage issues may create the appearance of a conflict of interest.
The most important thing to do when offering to defend under a reservation of rights is to remember what the letter is accomplishing for you : the letter is preserving your right to assert coverage defenses and, possibly, seek reimbursement. Thus it is important to do what you say you will do in the letter, and to follow up with all promises, actions, etc. If new pleadings are filed against the insured, always analyze whether the current reservation of rights letter adequately addresses the new allegations. If not, then you must issue a supplemental reservation of rights letter or else risk waiving that policy defense. Likewise, in states in which evidence extrinsic to the complaint may be considered, regularly monitor the information provided by counsel and if new information gives rise to additional policy or coverage defenses, supplement your reservation of rights letter accordingly.
Section 8. Records. — (a) Records supporting the information or complaint. — An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case.
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.
Section 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.
— In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was in the court of origin. (1a) Section 2. Appointment of counsel de oficio for the accused.
Section 2. The Complaint or information. — The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. (2a) Section 3. Complaint defined.
Judgment in civil action not a bar. — A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. (4a) Section 6. Suspension by reason of prejudicial question.
— A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. (3) Section 4. Information defined.