notwoxer (An RB Amero Blog)

The distinction has to be made between a case that has already been tried an a decision given, to one that is still in the process of trial. In such situations as the latter, the parties to the case shall not be described as one that has failed to effect an order, as clearly a judgement has not been made. It is then incumbent upon the parties, more so the party making a claim, to refer to the second party as merely the defendant or respondent. Only if a judgement is made, and an order to effect payment issued will the defendant or respondent become liable to further court proceedings IF he or she is in default of the order. However, it must be said that in such instances, under social observation the defendant is deemed as one that has failed to meet his responsibilities. Still, in the eyes of the legal system, the person is " innocent until proven guilty ". This is the very foundation upon which the legal profession is based, and one that is most closely linked to the uphold...