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Civil Cases

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

759 Questions

Can a person file bankruptcy on a law suit?

Filing bankruptcy creates an "automatic stay" which is a court order stopping most efforts to collect a debt, including lawsuits. Whether or not you are eligible for a discharge of the particular debt depends on the type of claim filed against you. Certain debts are not dischargeable. The decision to file bankruptcy and which type of bankrupty to file should be made after consultation with a qualified attorney. You must another an number of factors into consideration such as the amount of your dischargeable debt, value of your assets, income and expenses.

How long can a court hold a case open in civil court?

That depends on what kind of case it is, and what court system is involved.

Technically a case is "Open" the moment it is filed before a court, and remains open until the court closes it through some type of decision. Different court rules apply in different jurisdictions, dependent on the case type (Civil or Criminal) as to time limits for certain things that must happen.

Who is the adversaries in criminal and civil cases?

The party who initiates the case is usually called the Plaintiff (although in some jurisdictions, the term is Petitioner). The person who is sued is the Defendant (who may be called the Respondent in those jurisdictions that use the term Petitioner).

If the Defendant asserts a claim back against the Plaintiff, the Defendant may be called the Counterclaimant, and the Plaintiff called the Counterdefendant.

If one of the parties believes that yet another party, not a part of the original suit, bears some responsibility, that third party can be joined in the lawsuit by means of filing and serving a "Third Party Complaint". The person served becomes a Third Party Defendant.

What is the process for interrogatories?

how do I write a response interogatories? This is for a breach of contract.

Answer

If you are responding to interrogatories, you are just answering the questions.

If you are involved in litigation, you need to hire an attorney.

CMA full form?

wat do u mean???????????????dare r lots of cma.... which one??????????

What site for Az do you go to look up court record history with out having to pay money thought this was public info?

Court records are indeed public records, although the government is allowed to assess an 'administrative' fee for looking up, compiling, and reproducing them. Fortunately, many state and local courts systems have put their court records online, and more are doing so every day. Some charge a fee to search online, but many do not.

Arizona has most of its court records online, although not in one place. Most (153 of 180 courts) are at the first link below, where you can search by name and date of birth or by case number. Most AZ Superior, Justice and Municipal Courts are included on this website, and there is link to show you the few courts that are not included - all in Maricopa, Pima and Yavapai Counties.

If you live in one of those three counties, you have to use their individual case search webistes. Maricopa has one for Superior Court, one for Justice Courts, and one each for Chandler, Gilbert, and Mesa Municipal Courts. Pima has one for Superior Court, one for Consolidated Justice Court, and one for Tucson Municipal Court. Yavapai has a single search website that covers Prescott Justice and Municipal Courts. Maricopa and Yavapai also have searches for "high profile" cases.

All these searches are free, and all may be found at the second related link below. Just scroll down that website to the county name and click on the search link for the court you want.

CourtReference has a page like this for every state, and most states now have searchable websites for at least some of their court records.

How do you pay out of court settlement?

Follow the terms of the settlement, which usually includes that the plaintiff be paid. Normally they get paid directly, not through the Court.

What is premorbid in intellectual functioning?

It would imply the intellectual ability of a person prior to a disease.

Can the plaintiff add late fees to a civil judgment?

You will have to check your laws for your state. There are usually specific items regarding fees and interest on late payments. It may specify that amount of interest that can be charged or it may be a part of the judgement.

What is the minimum amount you can sue someone for in small claims court?

$5000 is the limit for a small claims case in Wisconsin. Most small claims cases are heard in Wisconsin Circuit Courts.

For more information on small claims cases in Wisconsin, including forms and guides, visit the Wisconsin Court Self-Help Guide related link.

What is the penalty for not responding to summons?

If the summons is for a criminal matter, either a fine or even possible warrant for your arrest. If the summons id for a civil matter, there is no penalty except that the court might enter a judgment against you for whatever the complaint demands.

How do you sue someone for Malice?

To sue someone for malice, you typically need to demonstrate that the individual acted with intentional wrongdoing or a reckless disregard for the rights of others. This often involves proving that their actions were motivated by spite, ill will, or a desire to harm you. Depending on the context, you may file a civil lawsuit for defamation, intentional infliction of emotional distress, or similar claims. It's advisable to consult with a lawyer to understand the specific legal standards and evidence required for your case.

How do you add a defendant to a civil court?

It depends on if you are suing in federal or state court. Each state has its own rules, but all federal courts are governed by the Federal Rules of Civil Procedure. I believe that Rule 19 is the correct motion for you to file for joinder of a second defendant. It is important that you add all important defendants right away or your opponent can file a rule 12 motion to dismiss for failure to join all relevant parties.

Here is the text of Rule 19, courtesy of Cornell Law School. Good luck. If you need anything more specific contact a lawyer or a professor that teaches civil procedure.

What is civil arrest?

It sounds like you may be referring to a so-called "citizens arrest' wherein (in some states) citizens are empowered to arrest perpetrators observed committing felony crimes.

Do you have to answer a information subpoena?

Yes, you do as long as you are the judgment debtor of the person serving the subpoena on you and as long as it was issued properly. If you ignore the subpoena, the creditor could apply to the court for an order directing you to answer it. If the order is served on you and you still refuse to answer it, the creditor can apply for an order to hold you in contempt of the court order, which could subject you to arrest. This type of arrest is not a criminal arrest, but the court might decide to keep you in jail until you do answer the information subpoena.

Difference between vicarious and tortuous liabilities?

The difference is best illustrated by a couple of examples:

1. A minor attends a part at a friend's house while the parents are away, and particpates in causing damage to the house. There are laws that say in that case the parents of the minor can be liable for the damages. The minor is guilty of an intentional tort and is directly liable, but if the minor is unable to pay for the damages, the parents, who did not participate, are guilty by vicarious liability.

2. A delivery man in a company truck causes a traffic accident, injuring people and damaging property. It turns out the delivery man had a lousy driving record and his employer knew it but kept him on. The delivery man is guilty of negligence and is directly liable, and the employer is guilty vicariously for having knowingly kept a dangerous driver on as an employee.

In each case the persons who are liable "vicariously" did not participate in the underlying tortious conduct. In the former case the parents are guilty solely because the law wants to try to make parents responsible and more observant of their children's activities (and it would be unfair for the people whose home was damaged to be left without recourse, potentially if their insurance doesn't cover the damage and the minor has no money), but in case #2 the employer is guilty also of negligence, but a different kind.

What is summary of the clock?

I think you have not asked a complete question. A clock is a clock is a clock, either digital or with a conventional clock face. How would anyone summarise that?

What happens if the collection agency has frozen your bank account for credit card debt and you still cannot pay within the time frame they've set?

A collection agency CANNOT seize a bank account w/o following due process of law. Meaning a licensed attorney for the state in which the debtor resides, files a lawsuit, wins a judgment, obtains a writ of execution for the judgment, and then levies an account. If the bank account has been frozen/seized by order of the court, the debtor has a specified amount of time to file a claim for dismissal or exemption of funds. However,if the debtor/defendant did not respond to the summons or judgment notice,they lose by default. If a collection agency has told you they can levy/seize your account w/o due process, they have violated the FDCPA. Exceptions to automatic seizure or levy of an account are federal or state owed taxes. A child and/or spousal support order issued by the court. In some states, a "set off" clause pertaining to a contract made with the bank where the account is held.

Does Delta Faucet Jackson Tn. have any employee lawsuits against them?

http://www.tsc.state.tn.us/OPINIONS/WORKCOMP/PDF/074/pickenscOPN.pdf This is a link to a Delta Faucet law suite in 1997.