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Civil Process

The rules of conduct for lawsuits and how cases progress through the legal system.

500 Questions

What does Dimissal with prejudice mean?

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Asked by Wiki User

A "dismissal with prejudice" means you cannot bring an action again if it is based on the same set of facts. ("Bring an action" is the technical term for "sue".) The "with prejudice" phrase means that your action is dismissed--thrown out--gone, and you may not refile it. This contrasts with a "dismissal without prejudice," where, though your action has been dismissed, you may bring another action based on the same set of facts. Usually, dismissals without prejudice occur when there is some technical problem with the action, but which the court still believes has merit.

Examples of technical problems which might lead to a dismissal with prejudice include:

  1. Your failure to allege, in writing, certain facts without which the claim cannot go forward;
  2. Your failure to properly "serve" the defendant with process; in other words, you have not had a neutral party hand the proper documents to the defendant in the proper way;
  3. You have not filed your case in the correct court.

A "dismissal with prejudice" does not necessarily mean that your action is or was without merit. For example, if you have filed your action past the statute of limitations (usually three (3) years), no matter how much you deserve relief, the court will refuse to hear your case. This is to prevent you and other plaintiffs from "resting on your rights"; courts want actions brought right away so the witnesses' memories are fresh and also to fulfill the Fifth Amendment's requirement that trials be "speedy."

How much does it cost to place a lien on someone's property when they owe you money?

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Asked by Wiki User

The cost of obtaining a lien depends largely on the type of propery, the type of debt, whether you obtained a security agreement and whether the law grants you any special status to file a lien without going to court like a mechanic's lien. If you are a secured lender, you already have a lien. If you have special status like a contractor, you may be able to record a lien for a small fee or assert a lien by keeping property already in your possession. If you are unsecured, you may need to file a lawsuit and get a judgment lien after you win the case. The actual cost could range from a few dollars to hundreds or thousands of dollars if you have to sue in court first.

Can you be arrested for not appearing at a civil hearing for wage garnishment?

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Asked by Wiki User

Yes, it is possible to be arrested for not appearing at a civil hearing for wage garnishment. If you fail to attend a court-ordered hearing, the judge may issue a warrant for your arrest. It is important to comply with court orders and attend scheduled hearings to avoid legal consequences.

Can you sue a school for assault?

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Asked by Wiki User

You need to consult with an attorney who can review your situation and explain your options.

What do you do when a civil action has been filed against you?

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Asked by Wiki User

If you have been properly served - you have to respond either in writing or show up in court. If you haven't been properly served - there is no action. Debt collection lawyers try really hard to fake you out on this, be careful. Perhaps you should ask another question with more specifics.

What will happen if you avoid being served civil papers?

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Asked by Wiki User

In most civil cases it is only necessary for a reasonable attempt be made to serve the defendant(s). All US states have laws which allow creditor suits and certain other cases to be tried (heard) and judgment to be rendered with or without the presence of the defendant(s).

Is a landlord responsible for my damaged personal property due to bad ground wiring after being advised of two blown TV's then losing two more before action taken?

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Asked by Wiki User

There are many jurisdictions that have varying degrees of liability so any answer will be general and must not be taken to be an accurate answer.

Usually, a landlord has a duty of care to provide safe and reliable electrical wiring in a house. If he fails in this duty, there may well be a liability to make good damage to a renter's equipment. It is usually up to the renter to prove that a faulty installation was the cause of damage and also, that the landlord could be expected to know the installation is faulty.

However, the landlord will not be responsible for property that has been damaged after the renter is aware that a problem exists. To persist in connecting televisions that are damaged due to mains wiring is careless and the landlord will not be responsible for the renter's carelessness.

A blown tv due to the electrical supply would not ordinarily be due to the ground. A loose connection in the hot or neutral contacts in the outlet would be more likely. But at any rate, I agree with the answer above, that after you know of a problem, any damage is on you since you shouldn't be using that outlet.

What does seventh amendment mean?

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Asked by Wiki User

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
The 7th amendment gives citizens the right to a jury trial in civil court cases where the damages exceed $20.

Who wrote the seventh amendment?

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Asked by Wiki User

The 7th amendment was put in to guarantee the right to trial by jury in civil cases. Trial by jury in criminal cases is guaranteed under the 6th amendment. For more comprehensive explanation, seek out Findlaw on your search engine.

What takes place at a pretrial conference in a civil suit?

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Asked by Wiki User

The judge meets with all the involved parties and their legal counsel to see if a settlement can be reached without going to trial. The judge will review all pertinent information such as discovery documents, interrogatiories, etc. and then give his or her non binding opinion as to the merits of the case.

What does the seventh amendment guarantee?

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Asked by Wiki User

The right for a citizen to have a trial by jury in civil suits for an amounts in excess of $20. The majority of US states have established laws that disallow a trial by jury in many civil cases. The basic fact is no state can enact a law which infringes on or takes away the constitutional right of person. That means that a person has the right if they wish to go through the legal process of challenging a state law that directly relate to the matter. The use of the fourteenth amendment is the way in which the majority of state laws are challenged as being unconstitutional on the grounds of selective incorporation.
The 7th amendment protects your right to have a trial by jury.

When was the seventh amendment passed?

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Asked by Wiki User

When was the 7th Amendment made? According to my little handbook, "The Declaration of Independence and the Constitution of the United States of America," printed and published by the Cato Institute: "The first ten Amendments (the Bill of Rights) were ratified effective December 15, 1791." Please, please--Find a copy of these documents, preferably with a discussion and clarification by someone with the reputation of the Cato Institute, and read them! I had read all this stuff when I was in school, and when I read them again in this little booklet, it was as if I was reading it for the first time! The explanation and text together is priceless. I had even forgotten the part about government deriving its power from the people to be governed! "....Reason is the foundation of the Founders' vision--the method by which we justify our political order--liberty is its aim. Thus, the cardinal moral truths are these:

that all Men are created equal, that they are endowed by the Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.

We are all created equal, as defined by our natural rights; thus, no one has rights superior to those of anyone else. Moreover, we are born with those rights, we do not get them from government--indeed, whatever rights or powers government has come from us, from 'the Consent of the Governed.'" There is more to this great quotation! It is priceless, and vital for all Americans to learn this!! Government receives power to govern from the people it governs. We allow the government to have only certain limited powers over us. Anything beyond that becomes tyranny and/or the basis for a dictator to take the reins of government and stick the people with slavery in some form. Please obtain a copy of this valuable little booklet. "Additional copies of this booklet can be purchased for $1 each by calling toll-free 1-800-767-1241 (noon to 9:00 p.m. eastern time). The address I found is:

Cato Institute

1000 Massachusetts Ave., N.W.

Washington, DC 20001

Please read this book, keep it by your side, in your purse or pocket, in your car, by your computer, etc. Buy extra copies and pass them out to your friends and neighbors. It is embarrassing how many citizens of this great country know nothing about the two most important documents that exist in this country!

What are some quotes about the seventh amendment?

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Asked by Wiki User

"I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." - Thomas Jefferson

Can You contest a beneficiary?

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Asked by Wiki User

You can contest a Will if you have a reasonable claim that the will is invalid. You may not contest the will just because you think someone received too much or not enough or the privisions set forth in the Will are unfair.
A Will can be contested by any person who has a vested interest. That means that they must either be one of the beneficiaries or they must be a person who would have been considered a beneficiary if there was no Will. When the will is contested the claim of invalidity by the contester must be investigated to ensure that the will is a valid one.


Some of the most common reasons to contest a Will are:

  • technical defects- not witnessed properly, not acknowledged, etc
  • fraud
  • decedent was not competent to execute the Will
  • undue influence of another person
  • not the most recent Will

Something to keep in mind is that a person has the right to decide who gets their property after their death. That right is one of the most ancient and respected.

I'm pro se plaintiff having received an answer to a complaint what do I do now only defense stated was plaintiff failed to state a claim yet you copied coa dential malpractice?

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Asked by Wiki User

More than likely the defendant is using a technicality that can be as simple as the wording in the original filing petition(s). The party involved may be able to modify the suit or may need to refile the entire case. State laws govern the civil action process, therefore any remedy available depends on the applicable state statutes.

What can make your breath smell like alcohol and why?

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Asked by MikeMcIntosh

-alcohol consumption -mouthwash -diabetic ketoacidosis. Not so much an alcohol smell, but a fruity smell as the body releases ketones to rid itself of severely high blood sugar. A person in this situation may appear to be intoxicated on alcohol because of the hyperglycemia. Blood tests would demonstrate a high blood sugar reading instead of a high blood alcohol level. This is a dangerous condition requiring hospitalization.

What are the basic requirements for a person to qualify as a competent witness in civil court?

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Asked by Ladygertie02

Generally, anyone who has personal knowledge of relevant matters, is able to understand the importance of telling the truth, and is willing to take the oath (swear to tell the truth) is competent to be a witness unless a statute or rule says otherwise (for example under Federal Rule of Evidence 605, the judge presiding over the case cannot be a witness in that same case).

Can you be taken back to court after a judgment of dismissal with out predjudice?

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Asked by Wiki User

You certainly can attempt it. The judge would have to re-consider his ruling, but it might be possible.

How do you file a lawsuit against a county?

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Asked by Wiki User

get an attorney!

and you have to have a good reson to file a lawsuit and have a good lawyer

How do I file a civil lawsuit in TN?

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Asked by Wiki User

FIle it with the Clerk of the Court's office.

Doctrine of unclean hands?

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Asked by Wiki User

Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint-that is, with "unclean hands".