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If a defendant has been improperly named in the summons is there anything else the Plaintiff needs to do other than file a corrected summons and serve it on the defendant within the sixty day period?
Wiki User
∙ 13y ago
Yes, the Plaintiff needs to amend the pleadings attached to the summons to reflect the correct name of the defendant. Usually a Petition or a Complaint.
Wiki User
∙ 13y ago
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Why do people go onto judge judy?
The production company reportedly pay each both the plaintiff and defendant $100 each for the apperance, plus flights and accomodation. In addition, the production company pays any judgments made (ie even if Judge Judy orders the defendant to pay $1000 to the plaintiff, the defendant doesn't actually pay anything and the production company pays it).
Can a defendant be required to answer questions in a deposition before his answer to plaintiff's complaint is due?
No. In fact nobody can be required to do anything before he/she is due to"do" it. Do you renew your car licence before you are due to do it?
Why does the plaintiff have to prove all 4 d's of negligence while the defendant needs to only disprove one?
Dereliction of a duty directly causing damages. A defendant does not have to prove or disprove anything. The plaintiff carries the burden of having to prove all required elements of any action. If four elements are required and the plaintiff can only prove three, then the plaintiff loses. As with the people wishing to sue for finding hair in their french fries, if you lack damages or injuries, you lose. If you are injured, but the defendant is not the one who injured you, then you lose. You cannot win a negligence suit if you are missing one of the required elements of your case.
Who can you tell that you want a case stopped that is about you?
Bring your grievance before a judge.AnswerIf you are the plaintiff or petitioner, you may dismiss your case. If you are the defendant/respondent, you can move to dismiss, but if the case has merit, the case will continue until the plaintiff dismisses it. You may settle with the plaintiff to dismiss the case.If you are not a party, for example if you are the child in a custody case or if you are the victim in a criminal case, you have no standing or control, and cannot do anything.
Can a first party sue a second party for a fight if the first party agreed to the fight?
In the US, anyone can sue anyone for anything. The question is not whether you can sue, but whether you can win. This would be an action for battery. One of the defenses for battery is consent. If the defendant can prove that the plaintiff consented to the battery, the plaintiff will not be able to prevail.
When money Judgment enter and filed for x amount after defendant failed to answer Complaint do you have to proove money claim for x amount or the Plaintiff is automatically awarded x amount?
Once judgment is awarded, the plaintiff has not further need to prove anything. The problem then becomes collecting the money awarded in the judgment. This is neither automatic, nor is it always easy.
Can someone sue you for defamation because of anonymous call?
In the US, anyone can sue anyone for anything. The question is not whether you can sue, but whether you can win.To win a case for defamation, the Plaintiff would have to meet all requirements under the state's definition of defamation (usually that defendant tarnished plaintiff's character, that such tarnish caused financial harm to plaintiff, etc.) If the call meets those requirements, the plaintiff may be able to win.Another View: Is this a trick question? If the call was anonymous - just WHO do you intend to bring suit against?
What does compromise settlement in an injury or wrongful death mean?
It is like Let's Make a Deal. Do you go for the million dollar briefcase or take the money already won. A compromise settlement is agreement between the parties to a personal injury or wrongful death lawsuit to accept some amount of money other than what the plaintiff wanted and that the defendant was willing to pay in order to avoid the uncertainty of results if the matter goes to trial. For example, in an auto accident case, the plaintiff is certain that the jury will find defendant responsible for the accident and award a million dollars. The defendant is certain that the jury will find that the plaintiff is the one responsible. The reality is that at a trial anything may happen. Total win or total loss. All or nothing. Maybe somewhere in the middle. In order to ensure plaintiff will get something, he settles for less than he thinks he is entitled to. In order to ensure defendant will not have to pay some exhorbitant amount he settles for a bit more than he thinks he is responsible for. Each side compromises his/her claim and settles the case.
Whats the likeliness of winning a suit against someone who ran up your cell phone bill and didn't sign a contract to pay anything?
In a small claims court the odds are generally 50-50 between plaintiff and defendant if there is not substantiating evidence on either side.
Can windmills break?
Of course. If overloaded, improperly maintained, worn-out, or abused, anything can "break".
What is the detailed meaning of defense?
See Defense., The act of defending, or the state of being defended; protection, as from violence or danger., That which defends or protects; anything employed to oppose attack, ward off violence or danger, or maintain security; a guard; a protection., Protecting plea; vindication; justification., The defendant's answer or plea; an opposing or denial of the truth or validity of the plaintiff's or prosecutor's case; the method of proceeding adopted by the defendant to protect himself against the plaintiff's action., Act or skill in making defense; defensive plan or policy; practice in self defense, as in fencing, boxing, etc., Prohibition; a prohibitory ordinance.
When you are a garbage man is there anything bad that could happen to you like any diseases?
Yes that could happen.You can be stuck with a needle that was dispose of improperly. Yes it can.You can be stuck by an improperly dispose needle.
