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What test do courts use to determine whether the defendant owed to the plaintiff a duty to be careful?
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How many times can a plaintiff cancel their depositions?
Whether or not a defendant can cancel a deposition depends on whether it is a defense deposition. If it is the other side, the defendant cannot cancel a deposition.
Can a tort only exist if the person who commits it intended to do so?
No, the defendant does not have to have "intent" to be held liable for a tort. The plaintiff only has the prove that damages were caused and that the defendant caused them. Whether the defendant caused them intentionally or negligently is, usually, irrelevant.
What are the pleadings filed by the plaintiff?
The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.
Who are the two parties in a civil case?
The plaintiff (the accuser) and the defendant (the one accused). It is not uncommon for the state or even the country to be the plaintiff. As example, if you are busted with a controlled substance by the police, the state becomes the plantiff. If you have been assaulted by your boyfriend, you become the plaintiff, unless you care enough about him to not press charges. In this case, the state will step in and make the charge of assault for you, whether or not you agree with it. The plaintiff (the accuser) and the defendant (the one accused). It is not uncommon for the state or even the country to be the plaintiff. As example, if you are busted with a controlled substance by the police, the state becomes the plantiff. If you have been assaulted by your boyfriend, you become the plaintiff, unless you care enough about him to not press charges. In this case, the state will step in and make the charge of assault for you, whether or not you agree with it.
What is a wade hearing?
They determine whether a witness's identification of the defendant is tainted and therefore inadmissible as evidence.
Standing to sue is determined by?
Standing to sue is determined by whether the prospective plaintiff has shown that a personal legal interest has been invaded by the defendant. It is based on whether the person bringing the suit is the one injured or not.
Does a lawyer have an obligation to tell a prospective client that he or she has been sued?
When the plaintiff files a civil suit they usually give the defendant a chance to settlement, which notifies them that they're being used and gives them the chance to hire legal representation who will advise them whether or not to settle. On top of this, if the defendant decides not to settle, the plaintiff then sends a writ to the court to notify them that they are bringing a civil case, this document also gets sent to the defendant
What four criteria are used to determine if a trial delay is unconstitutional?
1- The length of the delay. 2- The reasons for it.3- Whether the delay has in fact harmed the defendant.4- Whether the defendant asked for a prompt trial.
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.
Can grand gury determine whether defendant in criminal case is guilty?
No, a grand jury does not determine guilt or innocence. Its role is to decide whether there is enough evidence to indict someone and proceed to trial. The trial jury is responsible for determining guilt or innocence based on the evidence presented during the trial.
What will happen if you do not show up for court when being sued by collection agency or credit card company?
The defendant is not required to make an appearance in a creditor suit, but if he or she does not appear the plaintiff (creditor) will win by default and a judgment will be entered against the debtor. FYI, unless the defendant has undisputable evidence that the suit is faulty (debt not valid, wrong person being sued, etc.) it will make no difference in the outcome whether the defendant debtor appears or not, the plaintiff will be awarded a judgment.
What is the name of both sides in a criminal case?
That will depend on whether the case is a civil or criminal trial. In a civil court case the two sides are the defendant and the plaintiff. For a criminal court it will be the defendant (the accused) and the government entity bringing the charges, usually the State or Country.
