answersLogoWhite

Civil Cases

Civil law involves disputes between individuals or groups and usually results in monetary compensation for the injured party.

2,114 Questions
Law & Legal Issues
Civil Cases

What happens if a party doesn't respond to interrogatories?

You file a motion to compel, and ask the court to order them to do so. You also ask for attorney fees for the cost of bringing the motion.

If they still don't do so, you ask for sanctions (such as dismissing their complaint or a defense).

Yes, you file a motion to compel - but, attempt to work out the reasons why they haven't responded within the deadline to respond. Most judges do not want to be dragged into discovery disputes. If you can't work it out with the other party, then file a motion to compel.

You would not ask for attorney fees as part of that motion to compel. That's an entirely separate issue from discovery. Also, I highly doubt a judge would dismiss an entire claim over a discovery issue. Generally, if the judge is dragged into it, you or your attorney (hopefully you have one) would have a telephone hearing with the judge & other side over why they won't answer the interrogatories. Then the judge makes a ruling on that - sometimes the other side DOES have a legal argument for not answer some of the interrogatories.

So, attempt to work out the issue without court involvement, if that doesn't work, file a motion to compel discovery and the court will take it from there.

379380381
History, Politics & Society
Civil Cases
Court Procedure

What are the five steps in a civil case?

The five steps in a civil case are:

  • Bringing suit
  • the defendants response
  • pretrial discussions
  • trial
  • appeal
292293294
Civil Cases
Court Procedure

Who won Estelle v Gamble?

If I'm not mistaken, Estelle won this case as a result of extensive documentation, proving that Gamble had received adequate treatment. Gamble's own factual documentation accounted the details of his treatment wich supported the doctor's defense that they were not indifferent to him and treated him in good faith based on their understanding of his injuries.

279280281
Civil Cases
Consumer Rights and Protection

When is the Payout Day for the Avandia-Lawsuit?

That all depends on the law firm that is representing you - when they decide to submit for settlement. I for one know that the firm I'm with just submitted a list of about 2k clients to the Glaxo Lawyers... Finally settlement time! Doesn't matter though, still a lot of work ahead booting cases/claimants that aren't cooperating/qualifying and adding new ones. The record ordering process never ends!

From the day that settlement negotiations begin - depending on how many individuals are involved in the payout - expect atleast 6 months to a year before any settlement checks will be issued.

Avandia Lawsuit Settlements & Claims See below:

273274275
Civil Cases
Federal Laws
International Laws

Where to file a complaint against NCAA?

In a court of proper jurisdiction.

259260261
Civil Cases
Torts

What is average settlement in Avandia lawsuit cases?

OK, here it is - My gross settlement amount is $19,347 from that the lawyer gets %40 so that means i get around $11,000. Nope lawyers expenses $ 1000- $2500 i'll figure $1750 so my Settlement amount from a drug that caused me to have 3 stints place in my heart, live on numerous high dollar drugs, is.........$9,250......oopps wait i took out one of those lawsuit loans i got $2500, have to pay back around $5000 it was dumb but at the time it was needed to survive so my finale settlement amount is $4250 this my friends is a great injustice , why did uncle Sam get 3 billion ? did he have a heart problem? where's the other 300 billion ? hahahha, thats what life has come to the rich get richer and we .......well you know

Maria, That's not the average, that's what YOU received. This was a mass tort case, meaning that each person would get a different amount, depending on the usage, and so forth. You could get more than someone else, them you, and so on.

203204205
Civil Lawsuits
Civil Cases
Legal Definitions

Is an adjudication legally binding?

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

Yes. Adjudication is the legal process to settle a dispute. It is the act of a court, or other arbiter, to hear and settle a case and render a decision, order, judgment, or decree.

173174175
Law & Legal Issues
Civil Cases
Court Procedure

What does 'the law of the case' mean?

The "law of the case" is a situation where an appellate court has made a determination on a question of law and remanded the case for retrial. If the case comes before the appellate court again after retrial, the point of law determined by the first appellate court may not be appealed again. An appellant does not get to reopen that issue just because the case is once again before an appellate court.

That point of law is now the "law of the case" and will govern the case throughout any and all further appeals that may occur.

There may be compelling circumstances where a court may permit the issue to be reopened, such as where the initial determination rested on a law later found to be unconstitutional and void.

193194195
Health
Civil Cases
Torts
Food Safety

Can you sue for a band aid in your food?

Yes, you can sue, because it should be against permit policiy. :)

It is also a safety hazard because it could contain blood from someones body that could be contaminated with all sorts of disease, potentially making you very ill.

You can't sue just because it is there. You would need to claim some kind off damage from it.

Most restaurant owners will feel genuinely embarrassed by it and offer some compensation as a customer satisfaction issue as well as to prevent publicity and reports to the board of health.

193194195
Labor and Employment Law
Civil Cases
Torts

How can you stop an employee from stealing customer information that you as a business have obtained from the customer?

If your business has competent IT staff, have them create a few policies to define acceptable use and data security. Additionally, enforcing access control lists via group policy would be a good idea (for example, the HR department would be the only group that would have access to employee records).

Added: Terminate them - take the matter to court and request to have the court issue an injunction against the employee's actions vis-a-vis your client information, and/or sue the individual in civil court.

173174175
Civil Lawsuits
Civil Process
Civil Cases

How do you answer a civil summons for a lawsuit?

If you are going to answer the complaint (rather than, for example, file a motion to dismiss or other pre-answer motion), you generally will want to respond to each numbered allegation of the complaint (the allegations usually appear in separately numbered paragraphs). The responses are generally "admit" or "deny" in nature, although it is usually permissible to "deny for lack of knowledge" if the circumstances dictate.

Once the admissions/denials have been made, one often assets any applicable "affirmative defenses", again, in separately numbered paragraphs. Some may include:

The plaintiff/complainant fails to state a claim against the defendant upon which relief may be granted. (Meaning the debt is not valid or at least the plaintiff has not plead it clearly).

If the defendant is indebted to the plaintiff he/she is also indebted to ....(Meaning there are other parties involved which were not named as plaintiffs).

The right of action set forth in the complaint did not accrue within the time set forth by the laws of the defendant's state. (The state's SOL for the action has expired).

It is best for the defendant who is representing themselves to respond with their own wording, as judges tend to be more lenient in Pro Se cases.

There may be other applicable affirmative defenses, but these are dictated by the basis of the cause of action being asserted by the Plaintiff. An affirmative defense is, by nature, a legal or factual "avoidance" of the claim, and to that extent differs from a mere denial of the allegation.

It is critical that the answer get filed with the Clerk within the time allowed by law (usually specified on the Summons), and that a copy get mailed or delivered to the Plaintiff or his/her/its attorney. The failure to get an answer filed when required may result in the entry of a default, such that you will be considered to have admitted the material factual allegations of the complaint.

160161162
Law & Legal Issues
Civil Process
Civil Cases
Court Procedure

What is a Motion to Compel?

If you are involved in a lawsuit the opposing side is allowed to receive certain documents from you as part of the discovery process. The documents were probably already asked for in a Request for Production. A motion to compel is a motion to the court, which if granted will force you to produce the documents to the opposing counsel, which were asked for in the Request for Production.

AnswerA motion to compel may also apply to other forms of discovery, such as a motion to compel responses to interrogatories (written questions), a motion to compel attendance at a deposition, etc.

With regard to documents, state discovery laws may require the opponent receiving a document request to provide a "response" to your request for the production of documents. This "response" is to be distinguished from the actual production of the documents. You may have to bring a motion to compel a response if your request receives no response. If you receive some response but think it evasive, you might bring a motion to compel a further response. If you get a response, but the party refuses to produce documents it should produce in accordance with the response, your motion to compel is a motion to compel production.

If the court grants the motion to compel, and the party to whom/which the order is directed remains evasive or non-compliant, the other party may file a second motion to compel or a motion for sanctions. Depending upon the degree of noncompliance (or perhaps the attitude of the non-movant or the judge), the court has the power, within reason, to impose one or more categories of sanctions. These can range from yet another order compelling compliance (usually requiring compliance within a shorter time than the first order allowed), to attorney's fees, to deeming, for evidentiary purposes, that the material that would have been produced or stated in answers to interrogatories, was prejudicial to the non-compliant party. There is a great deal of discretion that is usually allowed the trial court judge in determining sanctions, but the sanctions must be commensurate to the violation.

115116117
Civil Cases
Torts

Can an insane person be held liable for a tort yes or no?

There is no yes or no answer to your question.

There is no yes or no answer to your question.

There is no yes or no answer to your question.

There is no yes or no answer to your question.

104105106
Civil Cases
Real Estate Buying and Selling
DIY Projects
Death and Dying

How do you find out if someone died in your home?

It may be impossible to determine but you could try speaking to neighbours, especially older neighbours who have been in the neighbourhood for some decades. You might also try the local library or newspaper archives cross- referencing local newspaper stories with your street name (though it maybe a long haul here). You could write to the Officer in Charge of local police. If he is a friendly type he might help. Editors too sometimes can be helpful.

Another way that may yield results is to perform title research at the local land records office. The staff will show you how to trace your property back in time through deeds of ownership. Note down all the information for each transfer (grantor, grantee, date of transfer, book and page reference, any statements regarding death of an owner) and a pattern will form. You may be able to trace the property back to the first owners of the house. Then, review your notes for any references to deaths of owners.

For each deed transfer it's easy to compare who received the property by deed and then who signed the deed when the property was sold. If you come across any owners who died you can check the dates in the town clerk's office for a record of death. That record may tell you if the decedent died at home. Of course, that method will not reveal any non-owner's who died in the house such as an elderly parent who lived in the house, or a child. Full scale research that answers what you want to know can be extremely time consuming and costly. Some people hire professionals to do it, people who know all the different areas that can be checked and know also how to document the results

Alternatively, if you do not need factual documentation and are interested in the paranormal, you may consider consulting with a medium. However such people who can be accurate are hard to come by.

115116117
Civil Cases

Can you sue for breach of promise to marry in the state of Virginia?

Nope.

§ 8.01-220. Action for alienation of affection, breach of promise, criminal conversation and seduction abolished.

A. Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this Commonwealth for alienation of affection, breach of promise to marry, or criminal conversation upon which a cause of action arose or occurred on or after June 28, 1968.

B. No civil action for seduction shall lie or be maintained where the cause of action arose or accrued on or after July 1, 1974.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-220

123124125
Loans
Civil Cases

What can you do if the borrower will not pay?

The lender must take both the primary and the co-signer to court and obtain a judgment lien. The judgment lien can then be used to seize any property that could be sold to pay the debt.

9899100
Civil Cases

Where can you get cheap but good hair extensions?

Generally buying online is cheaper than from buying from kiosks at the mall or from local hair salons.

There are several popular sites:

SallyBeauty.com

Saffrons

HairExtensions.com

Amazon

Ebay

shopping.yahoo.com

Ebay has mixed review since some of the sellers offer ridiculously low prices and makes you doubt if the products are genuine.

Shopping.yahoo.com is a great way to compare prices offered by different sellers. It may even point you new online websites but be sure to read their reviews before paying.

There are several smaller online retailers like IndianHair.net that offer great prices for specific varieties of hair, in this case Virgin Indian Remy Hair.

First decide on the type of hair: remy vs non-remy. If you want virgin hair extensions.

Then select the length and texture: 20" wavy hair

Then the color of the hair

This will simplify your shopping by limiting your options and focussing on the product that you actually want.

115116117
Civil Cases
Academic Writing
Business Writing
Legal Documents

How long is a summary supposed to be?

A summary of a paper or a book should be given in less than a page. For most things, a good, well-written paragraph will be able to accomplish all parts of a summary.

113114115
Bankruptcy Law
Business Law
Civil Cases
The Undertaker

What is difference between guarantee and undertaking?

This might vary by jurisdiction, but in California an undertaking is like a bond - you put money into an account or give it to a third party to hold, pending some action. A guarantee is an agreement whereby someone personally agrees to share liability for the debts of another person or entity.

105106107
Relationships
Civil Lawsuits
Property Law
Civil Cases

Can you file against a personal judgment?

Well I'm pretty sure if the person is using verbiual abuse then( DRUM ROLL PLEASE!) YES. yeah for sure you can do that, if I was you I would go to the court room in my best pair of steelito's and tell MR.judge my case!

dont be scared to talk back to who ever is doing that! use your in strenght. lol

105106107
Income Garnishment
Foreclosure
Civil Cases

Do you have to show up in court for a civil summons?

No. The non appearance of the defendant will result in a default judgment being entered in favor of the plaintiff. The non appearance of the plaintiff results in the case being dismissed.

103104105
Credit and Debit Cards
Liens
Civil Cases

Can credit card companies file liens on your home or sue for the delinquent amount plus fees and penalties even though a card is an unsecured debt?

Yes. Most credit cards and other revolving accounts are unsecured. A consumer can be sued within the statute of limitations (as established by state law) and in accordance with the card holder agreement. If a judgment is granted, the creditor may place a lien against any real property, garnish wages and take any other action allowed by law.

Any consumer faced with such a threat/possibility needs to research their state's laws. Find out what the statute of limitations is in their state and whether or not their debt can be acted upon in the manner you have described.

Many Credit Card companies, sell account to third parties. Those are the people that initiate any legal action. Sometimes it is an agency that works with a law firm, sometimes it is group of collection attorneys. Every state has a set of exemptions (property exempt from creditors action) they can be used in bankruptcy or lawsuits. You can find out what those exemptions are and how they apply in your situation by doing a simple web search ("Name of State" bankruptcy exemptions)

Liens against an estate:

First, states limit the recourse (how much a creditor can collect) a creditor has to the value of the Decedent's estate. This means that creditor's cannot make the decedent's heirs and beneficiaries liable for the Decedent's debt. (Although debt collectors frequently misstate or avoid disclosing this information, hoping that a decedent's spouse or relative will pay the bill.)

Second, depending on your state, a surviving spouse may be liable for the decedent's debt beyond the value of the estate, in others state laws limit the surviving spouse's liability.

Third, depending on your state, some property, for example joint tenancy property, may pass free of creditor's claims (except for secured claims.)

Fourth, most states have a system to apportion the decedent's debts between various creditors, and apply priority- who gets paid first.

Fifth, most states, whether an estate is administered in probate or by a trust, have a "creditor's claim" procedure. This controls how a creditor may seek to enforce the debt against a decedent's estate, and reduces the statute of limitations.

Sixth, In California, for most unsecured non-government (think MediCal, Federal and State taxes) creditors, there is a universal one year statute of limitations for claims against a decedent which runs from the decedent's death. If a creditor does not file suit in this time (or file a creditor's claim against the decedent's estate or trust) they are barred from recovering the death.

Finally, proper application of state law to cut off a decedent's creditors normally requires the assistance of an attorney and filing of the appropriate pleadings in probate court.

808182
Civil Cases
Small Claims

Can you sue if someone is spreading false rumors about you?

Not usually: if this is a private matter in your personal life. If, however, it involves your work place or a business, consult a lawyer.

959697
Divorce and Marriage Law
Civil Cases
Definitions
Court Procedure

What does with dismissal with prejudice mean?

Dismissed with Predjudice means the case cannot be brought back to the courts. Dismissed without Predjudice means it can be brought back to the courts.

333435
Criminal Law
Civil Cases
Court Procedure

Can a judge comment on evidence?

Define what you mean by "comment."

A judge may REFER to evidence as to its type, and for whom it is introduced, and in other general terms throughout the course of the trial.

As a general rule of judicial conduct they may not make any comment or observation as to its being "strong", "weak", or irrelevant" or in any way voice opinions as to its usefulness or applicability. If you have a specific question about your case, consult with the attorney who represents you.

959697

Copyright © 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.