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What to do if a civil trial judge rules in favor of the defendant and was wrong?
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What are the defendant's two options in a civil case?
The judge would either rule in the plaintiffs favor or not. If the judge rules against your case you can file an appeal. If the judge rules in your favor you won and can take the next steps in collecting your judgment. Once a decision is made its final. I don't see much luck with appeals, unless you have favoring evidence that the ruling was, for lack of better word, unfair.
What is the definition of Judical Activism?
A judge always rules in favor of the right to privacy............. Apex~ :D
Is Circuit Judge Patricia Muscarella a democrat?
She has to be a Republican. She rules in favor of the person with the most money.
Is a verbal agreement over the phone legally binding in Nassau County?
Not unless you have a recording of the phonecall as evidence and a judge rules in your favor.
What happens in court?
In civil court, the Rules of Civil Procedure are followed, either the State rules or the federal rules if the court is federal. One person brings a lawsuit, serving a summons on the defendant, then the defendant has a certain period of time to ANSWER (often 20 days). Motions are made and then the matter is heard before the court (either a Bench Trial or a Jury Trial), or the parties can settle before the case is heard in the court.
What is the job of a Jury?
The job of a jury is to listen to the evidence presented during a trial, evaluate the facts, and reach a verdict based on the law and evidence presented in court. Juries are responsible for determining the guilt or innocence of the defendant in a criminal trial or deciding the outcome of a civil case.
Can a creditor put a lien on a co-signer's business?
Yes, if the creditor sues, and the judge rules in his or her favor, a lien can be placed on a co-signer's business.
Does a probation officer make up his own rules or is there a list of state rules?
PO's follow and enforce all applicable law plus any additional "order of the court" stipulation that the judge may have placed on a particular defendant.
Can a civil case be used against you in a criminal trial?
Yes, unless the judge rules it inadmissable for some good reason.
Who is the person that is being sued called?
It depends on the particular rules of civil procedure in the jurisdiction, but "Defendant" is a common title in Common Law Countries. "Respondent" can be found also.
Is the minimum contacts requirement satisfied if a defendant engages in systematic and continuous contacts with a jurisdiction?
According to the rules of civil law, the "minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state. " If the defendant has been in contact with the jurisdiction the minimum contacts requirement is considered satisfied.
Does the plaintiff have to wait 30 days from when the defendant was served papers?
The time period before the plaintiff can proceed varies by state, by court and by nature of case. In some states for general lawsuits it can vary from 20 days to 35 or more. The rules of civil procedure for the court in which you file your action will specify the length of time the defendant has to answer the complaint. To get an accurate answer, you'll have to check the rules governing the time within which a defendant has to file an answer.
