how would a lawyer will say count i depends on count ii

by Miss Evangeline Skiles 10 min read

What does it mean to have two counts in a case?

Mar 27, 2012 · A "count" is a separate cause of action which asks for it's own separate damages. I've got an email into the attorneys about why they went this route. I'm hoping that they have some case law to support their use of the "counts" as separate actions.

What does count mean in legal terms?

Feb 15, 2012 · Posted on Feb 15, 2012. It means that the charges in those two counts are gone. Whether or not the charges are gone forever depends on howhe was found guilty and why the other charges were stricken. If he entered a plea based on negotiations, charges are gone. The above is not intended as legal advice.

What is an example of a count in a lawsuit?

Oct 24, 2012 · Message. Posted on Oct 24, 2012. Each count is a separate set of facts and circumstances that are alleged to constitute the crime. Basically they are alleging that the defendant did something twice if there are two counts related to the same charge. So two counts of Possession means that on two separate occasions or possibly two separate types ...

How do you identify Count and non-count nouns?

Mar 02, 2010 · Susan, The answer depends on whether the documents are being used in the same case as the current document you’re filing with the court. Bluebook B10.6.3 requires you to capitalize the title of a document when “(i) the document has been filed in the matter that is the subject of your document; and (ii) the reference is to the document’s actual title or a shortened …

Mark M Cheser

Each count is a seperate law they say was violated. So you can violate a posession statute and at the same time violate a possession with intent to distrubute statute. If there are two different drugs that can be two different violations. Conspiracy is a different crime.

John George Ducey

It is probably 2 types of drugs involved or it could also be on 2 separate occasions.#N#John Ducey#N#732-458-5600

Scott C. Buerkle

Each count is a separate set of facts and circumstances that are alleged to constitute the crime. Basically they are alleging that the defendant did something twice if there are two counts related to the same charge.

What is a count in criminal law?

In Criminal Procedure, one of several parts or charges of an indictment, each accusing the defendant of a different offense. The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure. Sometimes count is used to denote the numbered paragraphs of a complaint, ...

What is a common law pleading?

In Common-Law Pleading or Code Pleading, the initial statements made by a plaintiff that set forth a Cause of Action to commence a civil lawsuit; the different points of a plaintiff's declaration, each of which constitute a basis for relief. In Criminal Procedure, one of several parts or charges of an indictment, ...

What is a separate statement in a complaint?

each separate statement in a complaint which states a cause of action which, standing alone, would give rise to a lawsuit), or each separate charge in a criminal action. For example, the complaint in a civil (non-criminal) lawsuit might state: First Count (or cause of action) for negligence, and then state the detailed allegations;

Black-and-White Rule Against Double Counting

While these cases seem to have established a black-and-white rule against double counting, subsequent cases found plenty of grey areas. In Maley v. Maley, the appellate court agreed that utilizing a taxable gain on real property for child support would count the asset twice since the enhanced value was part of the property division.

Retirement Plan is a Unique Asset: Court

In Weiler v. Boerner, the trial court imputed enhanced education income to the wife in order to equalize income for maintenance and property division. The wife appealed, arguing that the court wrongly double counted the value of her enhanced education benefit for both property division and maintenance.

Salable Professional Goodwill as Divisible Property

Most important to the issues on appeal, the trial court had no problem with using the same income for support as utilized in the property division, insofar as the value of the dental practice included personal goodwill. Not surprisingly, Tim appealed.

When to use a comma in a dependent clause?

Before the defendant is sentenced, [dependent clause] the court considers mitigating circumstances. Note: When the dependent clause follows the independent clause, use a comma if the dependent clause is fairly long, but if the dependent clause is short , no comma is necessary:

What are the functions of nouns in a sentence?

Nouns function in sentences as subjects (the sun is shining), objects (visit Russia), indirect objects (Give John the book) and objects of prepositions (Listen to the music). Pronouns: These substitute for nouns and function like nouns.

What are the functions of verbs?

Verbs: Verbs are sometimes called the action words of a sentence. An important function of verbs is that they indicate what the subject of the sentence is doing. Finite verbs contain tense, mood, and voice.

What is a clause in a sentence?

Clause: A group of words containing a subject and a predicate, and conveying an idea. If the clause can stand alone as a sentence, it is called an independent (main) clause; if it cannot, it is called a dependent (subordinate) clause. The plaintiff applauded the decision; the defendant deplored it.

When to use a comma in a sentence?

Use a comma: 1. Before coordinating conjunctions (and, but, or, for, nor) that join independent clauses:

Why do we use hyphens?

Generally speaking, use hyphens for three reasons: (1) to express the idea of the unity of two or more words; (2) to avoid ambiguity ; and (3) to prevent mispronunciation. Examples follow. 1. Hyphenate to indicate the unity of two or more words.

Who is John Jones?

John Jones, the lieutenant-governor, is a graduate of this law school. Like most rules, this one has an exception: certain well-known phrases like "for argument's sake" are acceptable. And group nouns composed of human beings use the possessive apostrophe.