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In a word, money. Legally, they seek "compensation" for their losses. Not all plaintiffs seek money damages (called "legal relief") from defendants, although this is the most common. Many times, plaintiffs seek what is called "equitable relief" Equitable relief is granted when legal relief, i.e. money, is inadequate to compensate a plaintiff for the harm done. Examples of equitable relief are restraints, injunctions, specific performance of contracts, declaratory judgments, divorces, will invalidations, foreclosures, partitions, ejectments, appointments of receivers, cease and desist orders, shareholder derivative actions and other types of remedies that may have to be individually crafted to properly compensate the plaintiff.
What else can I help you with?
Do both the plaintiff besides the lawyer if there is one and the defendant besides the lawyer if there is one have to show up for a trial?
Only if they want to win. If plaintiff fails to show the case will be dismissed. If defendant fails to show the court will let plaintiff proceed to prove his case. In that situation, there is no contempt of court or any other such charge that would be made against the missing party.
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 defendant be forced to testify in a civil case, even if they do not want to?
In a civil case, a defendant cannot be forced to testify. The Fifth Amendment of the U.S. Constitution protects individuals from being compelled to testify against themselves in any legal proceeding, including civil cases.
What happens if the plaintiff doesn't show up to court?
If the plaintiff fails to appear in court, the case may be dismissed for lack of prosecution. The defendant may potentially ask for a default judgment in their favor due to the plaintiff's absence. It is important for all parties involved in a legal proceeding to attend scheduled court dates.
Pro se Plaintiff having received answer to complaint on summons what is next step plaintiff needs to take?
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
What is the first pleading of the plaintiff in a civil action?
This question is vague, because "pleading" means many things. It could be the actual document you file, or it could be a specific statement in that document that you plead. Assuming you want to know what the pleading is called, the answer depends on jurisdiction. In Federal courts, for example, the initial pleading of a plaintiff is called a "complaint." In states that closely follow the Federal Rules of Civil Procedure, the word complaint is usually used to describe this pleading. In other state courts, the initial pleading of the plaintiff is known as a "petition," as in a petition to the court for an award of damages. If the question more generally asks what "first pleading of the plaintiff in a civil action" means, you can understand it as the first document filed by the plaintiff that initiates a lawsuit. In it the plaintiff identifies himself and his opponents, the defendants; sets out why jurisdiction and venue are proper; lays out his cause(s) of action against those defendants; and describes the damages he seeks. Different jurisdictions have different requirements on how specific this needs to be.
Whats a motion to lift a freeze in a child support case?
In my opinion: Motion to modify child support orderFound this on internetName of StateIN THE (TYPE OF) COURT FOR THE COUNTY OF XXXXXXPlaintiffV. C S No. _______ This is not legal adviceDefendantMotion to XXXXXXXCOMES NOW ; the Plaintiff or Defendant pro se (by yourself) and moves this Honorable Court to XXXXXXXXXX; In support whereof Plaintiff or Defendant states:1. Reason & what you want and why.WHEREFORE, petitioner moves this Court to XXXX and XXXXXXX orderRespectfully Submitted
How does someone know they are being sued?
if you have been served it should say who is suing you the plaintiff, who is the person or corporation suing. you can also try case net to see what is listed there. if it's on the court docket it should be there.
How can defense lawyer win a case?
A defense lawyer wins by using the advantage that the State or the plaintiff suing the defendant has the burden of proving the the defendant is guilty or liable. The state in a criminal matter must prove its case beyond a reasonable doubt. A plaintiff in a civil matter must prove its case by a preponderance of the evidence or in some special cases by clear and convincing evidence. Quite simply, if the jury thinks both sides tied, for want of a better word, in their proofs, the defense wins. Defense lawyers plant seeds of doubt in the minds of jurors sometimes just enough so the jury just is not sure that finding for the state or plaintiff is correct. ==Additional Answer== In many cases the skill of the defense attorney is a significant factor when the defendant "wins". Three defense lawyers will approach a criminal case in three different ways. Some are abundantly more skilled in their understanding of the law, studying the evidence, utilizing expert witnesses, eloquence, projecting confidence, connecting with the jury, impeaching state witnesses who are often biased and "knowing" the court in which the trial is held. A good defense lawyer is also very skilled in recognizing when a defendant's rights have been violated and when exculpatory evidence has been withheld. It is like any other profession. The ones with the best skills often win.
Can I refuse to be a witness in a civil case if I do not want to testify?
Yes, you can refuse to be a witness in a civil case if you do not want to testify. However, you may be compelled to testify if you are subpoenaed by the court.
What does it mean dismissed for want of prosectution?
A dismissal for want of persecution occurs in a divorce case when a plaintiff does not show up for a scheduled hearing. The motion is dismissed rather than assuming the plaintiff wanted to finalize the divorce.
All citizens are treated fairly in our courts of law?
Well, courts are not supposed to discriminate. If you want to accuse a judge of discriminating, you should show a clear-cut example of when the judge was unfairly biased against a witness, plaintiff, or defendant.
