John Willard may refer to John Willard died 1692 , American witchcraft defendant John Willard playwright 1885 1942 , American See also intitle John Willard DEFAULTSORT Willard, John hndis Willard, John eo John Willard ... more details
Multiple issues orphan February 2009 refimprove September 2007 context January 2009 wikify January 2011 A Pierringer release or Pierringer Agreement , a species of Settlement litigation Settlement Agreement , has the following features the settling defendant s liability is segregated the satisfaction of the settling defendant s liability to the credit of all parties to the litigation the plaintiff s ability to continue with the action against the remaining defendants the plaintiff s agreement that it will indemnify the settling defendant for any contribution sought from it by the non settling defendant s . The origin of the case is http scholar.google.com scholar case?case 1956523995404055605 Pierringer v. Hogan , 124 N.W.2d 106, 21 Wis.2d 182 1963 . References http www.nelligan.ca e PDF MultiPartySettlements.pdf Multi Party Settlements Breaking the Logjam .pdf , Peter Cronyn & James Brown, November 2002. Peter B. Knapp, Keeping the Pierringer Promise Fair Settlements and Fair Trials, 20 William Mitchell Law Review 1 1994 Reflist DEFAULTSORT Pierringer Release Category Civil procedure law term stub ... more details
Grant v Edwards 1986 EWCA Civ 4 was an English Court of Appeal case on common intention . Facts A house was purchased for the claimant and defendant to live in as if married. The plaintiff was in fact married to someone else and the house was purchased in the name of the defendant and the defendant s brother. The defendant stated that he would not put the claimants name on the title deeds yet as it would prejudice matrimonial proceedings between the claimant and her husband. Judgment The Court of Appeal ruled that the claimant was entitled to a 50 in the proceeds of sale from the property based upon a common intention based upon a statement that Mrs Grant s name would appear on the title deeds. References references See also English property law Burns v. Burns External links http www.bailii.org ew cases EWCA Civ 1986 4.html Judgment on Bailii Category English property case law Category Court of Appeal of England and Wales cases Category 1986 in case law Category 1986 in the United Kingdom ... more details
Doit may refer to Digital Opportunity Investment Trust A Ornament music Jazz doit musical ornamentation in jazz Duit , currency See also Comrade Deuch born 1942 , Cambodian activist, prison administrator, and defendant Kang Kek Iew disambig ... more details
Competency evaluation may refer to Competency evaluation language , a means for teachers to determine the ability of their students in ways other than standardized testing Competency evaluation law , an assessment of whether a defendant is of sound mind to stand trial disambig ... more details
globalize date December 2010 A writ of attachment is a court order to attachment law attach or seize an asset. It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be used to freeze assets of a defendant while a legal action is pending. Common grounds for obtaining a prejudgment writ of attachment are that a defendant has committed fraud or that a defendant is prepared to hide assets from a court. External links http www.usmarshals.gov process attachment.htm US Marshals Service Writ of Attachment DEFAULTSORT Writ Of Attachment Category Judicial remedies Law stub ... more details
opined that if victim had committed suicide because of the defendant s attack on him, then the chain ... shame at which he had done to the defendant s daughter then the chain would have been broken it would no longer be possible to say that the victim would not have committed suicide but for the defendant ... more details
Wikify date December 2010 Nihil dicit is Latin language Latin for he says nothing a judgment for want of a plea. The name of a judgment which a judge may render against a defendant who failed to plead and failed to answer a plaintiff s declaration or complaint within the prescribed time limit. The defendant failed to say why the court should not issue the judgment against him. The failure to say constitutes an admission of the justice of the cause of action against the defendant it does so more strongly than a mere default. ref Vide 15 Vin. Ab. 556 Dane s Ab. Index, h.t. nothing why it should not. ref ref Vide 15 Vin. Ab. 556 Dane s Ab. Index, h.t. ref References references Category Latin legal terms Latin legal phrase stub it Nihil dicit ... more details
Globalize date December 2010 Defence costs are the cost that are incurred in the defence of a criminal trial in England and Wales . Should a defendant be acquitted they will almost always be awarded their defence costs. Defence costs will arise when a defendant is privately represented in a criminal matter. To be privately represented means that the defence will not be covered by legal aid . This tends to be because the defendant in question is wealthy. Defence costs will be assessed by a taxation master at the conclusion of most successful criminal trial s. Defendants will only be entitled to the proportion of their costs that are found to be reasonable. DEFAULTSORT Defence Costs Category English law Category Legal costs Category Trials in England England stub Wales stub UK law stub ... more details
Prosecutorial vindictiveness encompasses actions taken by a prosecutor to punish a defendant for not acceding to his demands. The U.S. Supreme Court has held that the constitutional guarantee of due process protects a defendant against prosecutorial vindictiveness. To establish a prima facie case of prosecutorial vindictiveness, the defendant must show either direct evidence of actual vindictiveness or facts that warrant appearance of such. Blackledge v. Perry is the leading case in the realm of prosecutorial vindictiveness, but it has been limited by later decisions. ref citation title Breathing New Life into Prosecutorial Vindictiveness Doctrine jstor 1342500 ref Some difficulty has been cited in prohibiting prosecutorial vindictiveness while preserving prosecutorial discretion. ref citation title Prohibiting Prosecutorial Vindictiveness author CP Erlinder year 1985 jstor 1143612 ref References Reflist Category Prosecution US law stub ... more details
unreferenced date August 2010 Unreferenced stub auto yes date December 2009 Security for costs is a common law legal concept of application only in law of costs costs jurisdictions, and is an order sought from a court in litigation . The general rule in costs jurisdiction is that costs follow the event . In other words, the loser in litigation legal proceedings must pay the legal costs of the successful party. Where a defendant has a reasonable apprehension that its legal costs will not be paid for by the plaintiff if the defendant is successful, the defendant can apply to the court for an order that the plaintiff provide security for costs. Furthermore, the amount that is ordered by the Judge is in direct correlation to the strength or weakness of the plaintiff s case brought herewith.The weaker the probability of the plaintiff prevailing, the higher the security order. Typically a claimant will be outside the jurisdiction of the court the law of security for costs recognises that orders of the court relating to payment of a party s legal costs can be very difficult to enforce in non common law jurisdictions, and so will order security to be provided. Security can also be ordered where a plaintiff is insolvent, or prone to vexatious litigation. Security is usually provided in the form of a bank cheque paid into the court, or held in a escrow trust account operated jointly by both the plaintiff s and defendant s lawyers. If the defendant is successful, the money can be applied against the costs order. If the claimant is successful, the security is returned to the claimant. DEFAULTSORT Security For Costs Category Common law Category Legal costs Law stub ... more details
Unreferenced stub auto yes date December 2009 In law , a colloquy is a routine, highly formalized conversation . Conversations among the judge and lawyer s as opposed to testimony under oath are colloquys. The term can be applied to the conversation that takes place when a defendant enters into a plea bargain and the judge is supposed to verify that the defendant understands that they are waiving their right to a jury trial . In criminal justice criminal court , a colloquy is an investigation within a defendant s plea to reassure that the plea was given knowingly, voluntarily, and intelligently . Defendant needs to understand the charges against him, the penalties that he will face, and his rights before entering into a guilty plea. In the United States, that includes describing the rights guaranteed by the 5th and 6th Amendments as well as a caution that non citizens who are convicted of crimes risk expulsion from the country. A Defendant who denies guilt may still plead down lesser offense than accusation but 1 Provided Court allows it. 2 Provided accused intelligently concludes on an open record that a plea is in her his best interest. e.g. avoiding incarceration, a more serious charge convicton . See also Comminatory Contravention DEFAULTSORT Colloquy Law Category Law Law term stub ... more details
italic title Rowland v. Christian , case citation 69 Cal. 2d 108 1968 , was a legal case case decided by the Supreme Court of California that eliminated the categories of invitee , licensee , and trespasser when determining the duty of care owed by a possessor of land to the people on the land, replacing the classifications with a general duty of care. Factual background The plaintiff was a guest in the apartment of the defendant. The plaintiff requested to use the bathroom, and in the bathroom injured his hand on a broken water faucet handle. The defendant had complained to the landlord about the broken handle but did not warn the plaintiff. The trial judge granted summary judgment on behalf of the defendant, and the plaintiff appealed. Decision Common law distinctions between an invitee, licensee, and trespasser can determine the duty of care owed by a land possessor to the plaintiff. A duty of care to warn about the dangerous condition of area is owed to invitees and licensees under these distinctions, but not to trespassers. The California Supreme Court considered these classifications to be an unhelpful shortcut when determining negligence, and that a general duty of care should be owed to all visitors to land. The summary judgment for the defendant was reversed because the defendant should have warned the plaintiff of the broken handle. ref Henderson et al. The Torts Process, Seventh Edition. Aspen Publishers, New York, NY 2007. p. 223 227 ref References reflist Category Tort law Category 1968 in United States case law Category California state case law ... more details
Other uses Defense disambiguation Cleanup rewrite date May 2009 Law unref date July 2007 Criminal defenses In civil proceeding s and criminal prosecution s under the common law , a defendant may raise a defense or defence in an attempt to avoid criminal or civil legal liability liability . Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Since a defense is raised by the defendant in a direct attempt to avoid what would otherwise result in liability, the defendant typically holds the Legal burden of proof burden of proof . For example, if a defendant in an assault and battery crime battery case attempts to claim provocation legal provocation , the victim of said assault and battery would not have to prove that he did not provoke the plaintiff the defendant would have to prove that the plaintiff did. Civil law defenses See also Category Equitable defenses In common law , a defendant may raise any of the numerous defenses to limit or avoid liability. These include Lack of Personal jurisdiction personal or subject matter jurisdiction of the court, such as diplomatic immunity . Failure to state a cause of action or other insufficiencies of pleading . Any of the affirmative defense s. Defenses conferred by statute such as a statute of limitations or the statute of frauds . Ex turpi causa non oritur actio the action against the defendant arises from an illegality. Volenti non fit injuria consent by the victim or plaintiff. In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification jurisprudence justification such as Right of self defense self defense and defense of others or defense of property . Costs Litigation is expensive and often may last for months or ... more details
Unreferenced auto yes date December 2009 Tort law Cleanup date May 2010 The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the court adopting the doctrine, the underlying idea is to mitigate the harshness of the contributory negligence rule. The defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable. The Restatement Second of Torts explains the doctrine in detail as follows 479. LAST CLEAR CHANCE HELPLESS PLAINTIFF A plaintiff who has negligently subjected himself to a risk of harm from the defendant s subsequent negligence may recover for harm caused thereby if, immediately preceding the harm, a the plaintiff is unable to avoid it by the exercise of reasonable vigilance and care, and b the defendant is negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm, when he i knows of the plaintiff s situation and realizes or has reason to realize the peril involved in it or ii would discover the situation and thus have reason to realize the peril, if he were to exercise the vigilance which it is then his duty to the plaintiff to exercise. 480. LAST CLEAR CHANCE INATTENTIVE PLAINTIFF A plaintiff who, by the exercise of reasonable vigilance, could discover the danger created by the defendant s negligence in time to avoid the harm to him, can recover if, but only if, the defendant a knows of the plaintiff s situation, and b realizes or has reason to realize that the plaintiff is inattentive and therefore unlikely to discover his peril in time to avoid the harm, and c thereafter is negligent in failing to utilize with reasonable care and competence his th ... more details
modern authority on the common law defence of duress. Facts The defendant had worked as a driver ... or August 1999, according to the defendant, Sullivan became Taeger s boyfriend and also her minder in connection with her prostitution business. He had, the defendant said, the reputation of being ... telephoned Taeger s agency asking for the services of a prostitute. The defendant went to the address ... call. The defendant insisted that a 50 cancellation fee be paid, and forced his way into the house ... the defendant took some 4000 from it and ran from the house. This incident founded the first count of aggravated burglary in the indictment later preferred against the defendant. But his account of the incident ... and its contents to Taeger in the presence of Sullivan. According to the defendant, his work ... in October or November 1999 and he stopped working for Taeger. But she lived in a flat which the defendant ... assumed that Taeger had a key and had taken it. According to the defendant s evidence at trial ... a big cocaine deal. He wanted the key to the Rover, which the defendant said he would look for. Just after Christmas 1999, the defendant said, Sullivan visited him again. He again spoke of a cocaine deal, giving the defendant to believe he had killed two dealers. He also spoke of killing another man by injecting him with a heroin overdose. He offered to show the defendant the body of a man, Bryan ... been injected with a fatal dose. Sullivan and Taeger were arrested and when interviewed said that the defendant had had the Rover in December 1999. They were awaiting trial at the time of the defendant s trial. Defendant was indicted for aggravated burglary related to an incident on 23 January 2000, involving the same house and the same victim as the earlier incident. The defendant admitted at trial .... On the day in question, the defendant claimed, he had been ambushed outside his home by Sullivan and an unknown black man whom he described as a lunatic yardie . Sullivan demanded that the defendant ... more details
against landholder defendants. When there is no actual notice to a defendant of a hazardous condition, there may nevertheless be constructive notice. If the defendant would have been aware of the condition by being reasonably attentive, the defendant has constructive notice. Service of process ... files a lawsuit , but is unable to effect service of process on the defendant because the defendant ... notice by either posting an announcement of the suit on property known to be owned by the defendant, or by publishing the notice in a local newspaper . Even if the defendant never sees the notice or, at least, if it can not be proven that the defendant saw it , the court will go forward with the case as though the defendant was fully aware of the proceedings. In such a case, however, the defendant ... more details
ref During this arraignment the defendant is informed of the pending legal charges and is informed of his ... bail . During the second arraignment, a post indictment arraignment or PIA , the defendant is allowed ... defendant is addressed by name The criminal charge charge against the accused person is read, including ... costs of transportation. Guilty and not guilty pleas If the defendant pleads guilty, an Preliminary .... During the hearing, the judge assesses the offense, the mitigating factor s, and the defendant s character, and passes Sentence law sentence . If the defendant pleads not guilty , a date is set for a preliminary hearing or a Jury trial trial . In the past, a defendant who refused to plead or stood ... law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea ... Code . ref The rationale for this is the defendant s right to silence . Pre trial Release This is also ... ... to the defendant ... and call on him to plead thereto. He she shall be given a copy ... more details
of the defendant was imminent, he did not have to retreat but had a right to stand his ground and to defend .... 354, 361, 190 A.2d 538, 541 1963 . The Court of Appeals said in Crawford , a case in which the defendant ... charge, a defendant who invokes self defense in a criminal case in Maryland does not have the burden of proving that he or she acted in self defense. Instead, the defendant in a criminal case only has a burden of production on the issue of self defense. This means that a defendant who wishes ... acted in self defense. If the defendant satisfies that burden of production and thus generates the issue, then it is the prosecution that has the burden of proving that the defendant did not act in self defense. In other words, once the defendant satisfies his or her burden of production on the issue of self defense, then the prosecution has the burden of persuasion on the issue of self defense. If the defendant ... that the defendant had not acted in self defense. The Court of Appeals of Maryland adopted these principles ... with specific instances of the case. Self defense MPJI Cr 5 07 Self defense is a defense, and the defendant must be found not guilty if all of the following three factors are present 1 The defendant actually believed that he she was in immediate and imminent danger of bodily harm. 2 The defendant s belief was reasonable. 3 The defendant used no more force than was reasonably necessary to defend ... calculated to cause death or serious bodily harm. If the defendant is found to have used deadly ... if the defendant actually had a reasonable belief that the aggressor s force was or would be deadly and that the defendant needed a deadly force response. In addition, before using deadly force, the defendant is required to make all reasonable effort to retreat. The defendant does not have to retreat if the defendant was in his her home, retreat was unsafe, the avenue of retreat was unknown to the defendant, the defendant was being robbed, the defendant was lawfully arresting the victim. If the defendant ... more details
held that on a claim for compensation for expenses in part performance the defendant was entitled to deduct ... whereby the plaintiff would cut timber under the defendant s timber sale, and the defendant ... claimed the defendant was in breach of the contract as the defendant had not supplied sufficient trucks ... but for compensation for expenditures. The defendant argued that the plaintiff s operation lost ... if the defendant had breached the contract the plaintiff should not be awarded damages because ... of contract compensates a plaintiff for damages resulting from the defendant s breach it does ... are losses flowing from entering into the contract, not losses flowing from the defendant s breach. In these circumstances, the true consequence of the defendant s breach is that the plaintiff is released ... to the defendant. The defendant would become the insurer of the plaintiff s enterprise. Moreover, the amount ... the defendant. blockquote It is urged here that the garage itself was merely an element in the defendant ... kept out of these premises the defendant had found no other premises to go to for a period of time ... the defendant who is the plaintiff in the counterclaim, if he was right in his claim, would indeed be in a better ... more details
by the Prosecutor prosecution as circumstantial evidence to show that a defendant is likely to have ... character evidence that shows defendant s propensity to commit a crime. However the prosecution may introduce character evidence for certain limited purposes after the defendant does so after the defendant has opened the door through the permissible methods and purposes explained below in Character evidence offered by the defendant, to Rebuttal rebut what defendant tried showing through character evidence, and to offer evidence of the defendant s same trait. ref http www.law.cornell.edu ... are admissible to prove the defendant s br m otive to commit the charged crime opportunity to commit ... sexual act or attempted unlawful sexual act, to show that the defendant did not reasonably and in good ... by the defendant Character evidence is admissible in a criminal trial if offered by a defendant ... as the character evidence the defendant seeks to introduce is relevant to the crime with which the defendant is charged. ref http www.law.cornell.edu uscode html uscode28a usc sec 28a 04000404 ... School, Legal Information Institute In criminal cases, the so called mercy rule permits a criminal defendant to introduce evidence of pertinent character traits of the defendant and the victim. ref For example, if a defendant is charged with a crime involving dishonesty, defendant may introduce evidence tending to show defendant s honest character. If defendant is charged with a violent crime, defendant may introduce evidence tending to show defendant s peaceful character. Note that under California Evidence Code CEC 1102, a defendant may not only introduce evidence of a trait of his character ... of the defendant s character generally. ref http www.leginfo.ca.gov cgi bin displaycode?section ... admissible in a criminal trial if offered by a defendant as circumstantial evidence through reputation ... defendant s claim of self defense to a charge of homicide. ref http www.law.cornell.edu rules fre ... more details
in each area of law. It refers to both the actus reus and the wikt mental state mental state of the defendant . The basic principle is that a defendant should be able to contemplate the harm that his ... rea is used to decide if the defendant has Intention criminal law criminal intent when he commits ... a requirement for a clear causation, there is no liability or fault if the defendant was not actually ... natural event, or the victims own act. Either of these can remove the legal blame from the defendant and remove the fault. If the defendant commits a voluntary criminal act, there is strong evidence ... act, such as an act of automatism, or duress the defendant will not be at fault, and therefore not liable ... from the defendant. This was seen in the case of Hill v. Baxter 1958 ref http sixthformlaw.info 02 cases mod3a cases 60 gen def automatism.htm ref where the defendant injured a person by crashing ... of Duress , the defendant has committed the act in response to a threat of death of serious ..., or to someone he feels responsible towards. It would be considered unfair to place the defendant ... crimes, the defendant may not be at fault i.e. purposefully commit a criminal act voluntarily ... strict liability issues.htm ref , where the defendant was France French and entered the UK , but then got deported to Ireland, and then deported back to the UK, the defendant was not at fault as she ... the defendant was admitted to hospital by a friend who was worried for his health, however when the hospital .... The defendant because of his intoxicated state could not get home, and was liable for been ... liability. This is because the defendant will be at fault if he directly caused ... state of mind of the defendant at the time of committing the unlawful act, different ... the defendant to intentionally cause the damage, be fully aware that his actions will lead to the desired consequence of murder. And this is what the defendant intended to occur from his actions ... more details
Tort law In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally created in case law by Wagner v. International Railway ref http www.invispress.com law torts wagner.html Wagner v. International Railway ref , Case citation 232 N.Y. 176 1926 , in which Justice Benjamin Cardozo Cardozo stated Danger invites rescue. The cry of distress is the summons to relief ... The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had. Essentially it means that the rescuer can recover damages from a defendant when the rescuer is injured rescuing someone. The defendant is usually negligent in causing the accident to occur. Other cases have occurred where the plaintiff is injured rescuing the defendant and is able to collect damages. Cn date January 2012 In Wagner v. International Railway , riders on the defendant s trains were allowed to walk between cars while the train was moving. In one incident, a rider fell through the cars. The plaintiff, trying to help the fallen rider, was injured himself. The court found the defendant liable because of negligence to allow riders to walk between cars while the train was moving. Essentially, in its pure form the Rescue Doctrine boils down to 4 main elements all of which must be met in order to bring it to bear for the person asserting its privilege. There must be peril or the appearance of peril to a third party, caused by the defendant. That peril or appearance of peril must be imminent A reasonable person would recognize the peril or appearance of peril and the plaintiff must also have actually recognized it. The plaintiff must have exercised reasonable care in effecting the rescue. References reflist Category Tort l ... more details
Re Polemis & Furniss, Withy & Co Ltd 1921 3 KB 560 is a famous United Kingdom tort case on causation and remoteness . The Court of Appeal held that a defendant can be held liable for all consequences flowing from the wrongful conduct regardless of how unforeseeable. Facts The defendant s employees were loading cargo into a ship . Due to an employee s negligence , a plank fell into the hold of the ship. The plank caused a Ember spark , which ignited some benzene stored in the hold, causing an explosion that sunk the ship. Judgment The Court held that the defendant was liable. Although the fire itself may not have been foreseeable, it was held that the defendant would nevertheless be liable for all direct consequences of his actions. Significance This decision was disapproved of, and its test replaced, in the later decision of the Privy Council in Overseas Tankship U.K. Ltd. v. Morts Dock and Engineering Co. Ltd. 1961 1 All E.R. 404 P.C. . The method of determining negligence is whether the defendant could have foreseen harm through his her actions. In this case, it is clear that it was negligent to discharge cargo to knock down the planks for they might cause some damage to the workmen , cargo, or the ship. Once the defendant acts in negligence, he she must take responsibility for all damages that the negligent act incurs. The key difference is that foreseeability is related to whether it was foreseeable to incur harm through your action, not whether there was foreseeability in what type of harm you incur. See also English tort law Palsgraf v. Long Island Railroad Co. Greenland v Chaplin 1850 5 Ex 243, Pollock CB advocates foreseeability Smith v The London and South Western Railway Company 1870 71 LR 6 CP 14, directness test held to prevail Notes refs 2 Category 1921 in case law Category English tort case law Category English case law Category English causation cases Category 1921 in the United Kingdom Category Legal articles without infoboxes ... more details
that the defendant had committed copyright copyright infringement infringement . The decision is noteworthy for rejecting the defendant s fair use defense, which had rested upon the defendant s contention .... Facts Over a period of several weeks, the defendant Uploading and downloading downloaded some ... and sound recordings. The defendant owned compact disc s containing some fraction of the songs that she downloaded. The parties disagreed on precisely how many of the defendant s downloads represented songs that the defendant already owned on CD, but it was undisputed that the defendant had never owned authorized copies of 30 of the songs she downloaded. The defendant retained at least these 30 ... Four recording companies who held the copyrights in the songs that the defendant downloaded filed a lawsuit accusing the defendant of copyright infringement. The United States District Court for the Northern .... The trial court rejected the defendant s fair use defense. As a remedy, the trial court ... the statutory minimum of 750 times the defendant s 30 infringing downloads , and 2 issued a injunction permanent injunction forbidding the defendant to download copyrighted recordings owned by the plaintiffs. The defendant appealed to the Seventh Circuit. Ruling of the Court of Appeals The Court ... that the copies of the songs that the defendant had downloaded were infringing copies, rejecting the defendant ... Act of 1976 Fair use Copyright Act of 1976 for determining whether the defendant s copying of the plaintiffs ... of the copyrighted work. ref 1 blockquote Most of these factors, the Court noted, weighed against the defendant ... for or value of the copyrighted work. ref 2 blockquote The defendant argued that downloading songs ... of the songs the defendant enjoyed enough to purchase. The Court of Appeals declared that this argument ... against the defendant, noting that this amount represented the minimum award provided under the statute .... The court rejected the defendant s argument that the Seventh Amendment to the United States Constitution ... more details
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