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The State
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∙ 13y ago
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What party defends against a complaint?
In civil law, the party who is served with the papers beginning the civil action, and is defending the lawsuit is called the "defendant"; the party who brings the lawsuit is called the "plaintiff". In the strictest sense, the person in a criminal 'lawsuit' not a civil proceeding, is called a "defendant". The party, in the criminal action, who brings the lawsuit, a criminal proceeding, is called the "State". The representative for the criminal action against the is a Prosecutor. Please see the discussion page for further notions about using the word "defendant" instead of the label "accused" in a criminal proceeding.
When a private individual brings a suit against a company for breaking a contract this is an example of law?
Generally, the action would involve breach of contract.
What is a court case that is not a civil action?
Judicial actions are divided into the civil (suits by persons against persons) and the criminal (actions by the state against persons). Criminal action (prosecution) is brought against individuals alleged to have violated criminal laws.
What are the judgments one may receive when he brings up civil action against another person?
The most common remedy is an award of damages (payment of money). There are other possibilies such as specific performance (the person would have to fulfill an obligation).
In a Civil Case the party who brings a case against a Defendant is called?
In a criminal case it is the accuser. In a civil case - think Judge Judy - it is the Plaintiff
Which battle did Lincoln use to take action against slavery?
Antietam
How does civil trial begin?
A civil trial begins when a person brings a lawsuit against another for monetary restitution. The matter will go before a judge, and the judge will decide if the lawsuit is valid.
Can a file a lawsuit for a burglary?
The broad answer to your question is "yes", although the cause of action would not be for "burglary" as such. Instead, the elements of the criminal offense of "burglary" would be similar to a civil claim for "theft", "conversion", "trespass to chattel" or such other civil cause of action as your jurisdiction may allow. The distinction is that "burglary" is a crime and as such, is considered to be a wrong against society and a violation of penal law. It is prosecuted by a government entity and carries with it a criminal penalty of some sort, such as a fine or imprisonment. In contrast, your goal is probably compensation for property or money that was taken from you, damaged, or detained. That is the essence of a civil suit in which you seek money damages. You, as the aggrieved party, would file a civil suit against the wrongdoer. It is your burden to prove liability (fault) and damages (that which you lost as a result of the wrongful act).
What to do when civil action has been served against you?
Consult an attorney! They are the ones with the expertise to help you out. There will be an answer that has to be provided to the charges.
Can you take civil action against an executor?
As long as your question is referring to the executor of a will, than the answer to your question is yes.
Is a tort a civil action?
Yes, a tort is a civil wrong that causes harm or loss to someone, leading to legal liability. It involves a claim for damages by the injured party against the person who committed the wrongful act.
What is a Class Action Lawyer?
A class action lawyer is a lawyer who special in civil judgement cases. Usually these involve cases against a company made by multiple plaintiffs.
