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Civil Cases

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

500 Questions

What does it mean to set aside a default judgement?

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Asked by Wiki User

A default judgement is a judgement (guilty, innocent, acquitted) that was made by a judge in lieu of a full trial. Generally this involves minor traffic violations in which the defendant doesn't show.

A motion to set aside a default judgement is a request by the defendant or the prosecution to move to a full trial and force both sides to present the case.

How do you file an estafa case?

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Asked by Wiki User

Find a lawyer narrates the facts and supporting evidences. The lawyer will make the formal complaint or affidavit.

File the formal complaint or affidavit to the prosecutor office where you are made to sworn.

After that do not make any offensive statement against the respondent otherwise the latter might sue you of libel or whatever, just keep your mouth shot or if ever you cannot be very careful that you could not offense the respondent.

Can you subpoena information without the assistance of a lawyer?

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Asked by Wiki User

can you subpoena information witout the assistance a lawyer

How do you file a responsive pleading pursuant to Chapter 517 RSMo if you are the defendant and without a lawyer?

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Asked by Deannkc

A responsive pleading is an answer, where you respond to each allegation made in the petition or complaint. You would also then assert any affirmative defenses or counterclaims.

Start by researching the law under which you are being sued. If you are unable to properly draft it by yourself, you should speak with a lawyer.

Can you practice law in any state after passing the California Bar Exam?

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Asked by Wiki User

Yes if the two states have reciprocal agreements, but usually only if you have already been practicing in your home state for several years. If there is no such agreement, then you will need to sit for the bar, if that other state has a rule that only ABA law school graduates can sit for the bar, then you CANNOT become a lawyer there, as youre not even allowed to test.

Can a lawyer place a lien on your property for legal fees?

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Asked by Wiki User

Yes indeed. If you owe attorney fees the attorney can sue you in court. If successful, a judgment lien will be issued by the court. That judgment lien can be recorded in the land records against your property. Lawsuits for unpaid attorney's fees are not uncommon.

If you owe the attorney a fee you should try to work out a payments plan and make the payments regularly. Be sure to make it a plan you can live with. Most attorneys would rather work things out with their clients than sue them. Just like everyone else they just wanted to get paid for the work they've done.

Most states have a system for attorney fee disputes to be resolved through some form of mediation or arbitration. If you are contesting the fees, you should contact your local bar association to find out how to mediate your dispute.

What is the main objective of the civil court system?

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Asked by Wiki User

Civil law aims to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custordy and damages for personal and property damage. A civil court is a place where people can solve their problems with people peacefully.

The function of civil law is to provide a legal remedy to solve problems.

What was the US Supreme Court case Maryland v. Wilson?

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Asked by Wiki User

Maryland v. Wilson, 519 US 408 (1997)

No. 95-1268.

Argued December 11, 1996

Decided February 19, 1997

After stopping a speeding car in which respondent Wilson was a passenger, a Maryland state trooper ordered Wilson out of the car upon noticing his apparent nervousness. When Wilson exited, a quantity of cocaine fell to the ground. He was arrested and charged with possession of cocaine with intent to distribute. The Baltimore County Circuit Court granted his motion to suppress the evidence, deciding that the trooper's ordering him out of the car constituted an unreasonable seizure under the Fourth Amendment. The Maryland Court of Special Appeals affirmed, holding that the rule of Pennsylvania v. Mimms, 434 U.S. 106 , that an officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle, does not apply to passengers.

How do you respond to summons of eviction?

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Asked by Wiki User

you are entitled to a trial, if you feel the eviction is in error, see your clerk of courts for the step by step process to fight the evictin. you may have as little as 5 days from the date of summons. each state is different. OR pack your bags!

What are some famous civil cases?

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Asked by Wiki User

Liebeck v. McDonald's Restaurants

The McDonald hot coffee burn case.

Does chapter 7 protect from civil suit?

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Asked by Wiki User

Depends on the nature of the civil suit. If its a simple debt collection lawsuit- a chpt. 7 can discharge the debt. If its a lawsuit seeking money damages due to fraud, then it might not be dischargeable if the creditor files a proof of claim.

What happens if I have an accident and the other person has no insurance?

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Asked by Wiki User

If the driver who has no coverage is involved in an accident that is his fault, he can loose everything he owns and everything he will make in the future to repay damages he has done to the other party.

Is estafa a civil case?

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Asked by Wiki User

It is a criminal case.

How does one renew a civil judgment in Georgia?

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Asked by Wiki User

The majority of judgments are renewable, some would carry specific time limits as to how long and/or how many times the action was viable.

What starts a civil case?

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Asked by Wiki User

A civil trial begins with the filing of a complaint with the court. A complaint indicates the harm the plaintiff believes the defendant has caused and asks the court for a remedy. For a detailed explanation of the civil law process, please see the related link below.

Can you sue for a band aid in your food?

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Asked by Wiki User

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.

What is a claiment?

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Asked by Wiki User

A claimant is a person who files to receive benefits. All claimants have some sort of legal claim on something, like an insurance, deed to a house or title to a car, things of that nature.

Can you fight a default judgment?

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Asked by Wiki User

By "lost judgement" it will be assumed that you mean that you "lost" the case.

If that is the case, you may appeal the case to the appelate level of the court system, but you will have to show that a clear miscarriage of justice, or incorrect finding of law, occurred for the appelate level court to even consider reviewing your appeal. Consult with an attorney with the specifics of your case for an opinion on this.

What recourse do you have if your neighbor cuts down a healthy tree on your property?

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Asked by Wiki User

You could attempt to sue in small claims court as recourse. However, if the limb was hanging over their property line in any way the neighbor is legally justified in cutting the limb back until it no longer crosses their property line. On the other hand if there was no notice/request provided by the neighbor, they trespassed onto your property or some issue with the tree is caused by the neighbors removal (i.e. the tree becomes diseased or dies from the limb removal) there could be some form of legal recourse. ==Clarification== A tree problem is best addressed in a friendly manner and by the cooperation of the parties involved. However, many neighbors who own large trees are uncooperative. If limbs from your tree are hanging over your neighbor's property and causing a problem those limbs can be cut back to the property line with or without notice to you or your permission. The work should be performed by a certified arborist. If the neighbors can agree on a professional trimming and the tree owner is willing to grant permission, a more aesthetic pruning can be done if the arborist is allowed to prune the offending branches back to their collar and try to maintain the symmetry of the tree. The results may be more pleasing than branches cut off at the property line. The right to trim branches hanging over your property from a neighbor's tree has evolved from old English common law.

Is a monetary award from a civil suit taxable?

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Asked by Wiki User

The taxability of court settlements depends on what the settlement is for. If it is compensation for a loss, in general it is not taxable. If it is a 'penalty' it will be taxable. Your attorney should be able to tell you what is taxed and what is not taxed. Or consult your tax professional.

What is the meaning of successor-in-interest?

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Asked by Wiki User

A successor in interest is someone who follows another in owning or controlling property. They retain the same rights as the original owner. For example:

  • Benjamin James purchased his home from Jane Seymour. James is Seymour's successor in interest.
  • Bank of America assigned James's mortgage to Wells Fargo. Wells Fargo is BOA's successor in interest.


A successor in interest is someone who follows another in owning or controlling property. They retain the same rights as the original owner. For example:
  • Benjamin James purchased his home from Jane Seymour. James is Seymour's successor in interest.
  • Bank of America assigned James's mortgage to Wells Fargo. Wells Fargo is BOA's successor in interest.


A successor in interest is someone who follows another in owning or controlling property. They retain the same rights as the original owner. For example:
  • Benjamin James purchased his home from Jane Seymour. James is Seymour's successor in interest.
  • Bank of America assigned James's mortgage to Wells Fargo. Wells Fargo is BOA's successor in interest.


A successor in interest is someone who follows another in owning or controlling property. They retain the same rights as the original owner. For example:
  • Benjamin James purchased his home from Jane Seymour. James is Seymour's successor in interest.
  • Bank of America assigned James's mortgage to Wells Fargo. Wells Fargo is BOA's successor in interest.

Can someone sue you if someone died in your home?

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Asked by Wiki User

Yes. That doesn't mean they'll win, or even that it won't simply get thrown out of court as being baseless, but technically, if they can find a lawyer who's willing to do it, they can sue you.

In order to win the case, they'll basically have to show that the death was "your fault" ... that is, that it was a direct result of something you did (or failed to do). If you're sitting on the couch with a visitor and they just suddenly died due to some medical condition you could not possibly have known about or prevented even if you did know about it, they're not likely to win. If the person started choking and you, instead of calling 911, decided to go take a bath, then they might win. If you shot the person, they're extremely likely to win.

What happends if you dont pay a civil judgment?

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Asked by Wiki User

I sense that someone has filed a bogus claim against you and that either one of two things happened afterward. (1) A default was entered against you or (2) After trial the judge or jury ruled against you. Either way there is a judgment against you that you believe to be false.

There is a matter of collection as a result. Be the judgment good or bad, simply sitting by and doing nothing may result in your wages being garnished, your assets and bank acounts attached or any inhereitence attached, perhaps other things depending on your state.

You need to seek legal counsel about whether the judgment against you is legally void and if so, how get relief from it, if such relief is available in your state.