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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

Why is the phrase any and all used in legal terminology instead of just the word all?

English is a tricky language and lawyers like to play with words all the time. 'Any' could mean some quantity that isn't specific. 'All' means everything, not a part of it. The use of 'Any and All' sets up a situation where any part or the complete set can be included.

Tried twice for the same crime?

Under American law, a person "cannot be tried twice for the same offense"; that is, for the same single incident. If a person is acquitted of murder, that does not mean they cannot be tried for (and convicted of) another murder. (They can also be found guilty of other crimes stemming from the first incident, but they cannot be retried once acquitted.)

What is the deadline to answer a cross claim?

This entirely depends on the forum in which you are in. In California, for example (where I practice), the time to answer is generally 30 days (just as with the initial complaint), plus some time for service (varies if mail, fedex, or hand delivered).

What must the defence prove to win a case?

The defense does not need to prove anything.

The defense merely needs to cause doubt on one of the elements to win.

For example, in a negligence suit, the plaintiff must prove.

1. duty

2. breach of duty

3. actual causation

4. proximate causation

5. damages.

The defense only needs to create some doubt with regard to one of these elements.

There is one exception though.

The defense can also try to prove an "affirmative defense". If I am suing you for punching me in the face, you can try to prove that we were in a fight club and that I asked you to punch me in the face.

As for my source, I am a law student, not a lawyer, so check with a lawyer if you are having legal trouble.

How to collect past due loan with contract?

You need to sue in court. The court depends on the amount of the loan.

Can you collect arrowheads from federal lands?

Collecting artifacts - including arrowheads - from federal public lands or Indian tribal lands is illegal under federal laws and regulations. These objects are archaeological resources and remain the property of the United States.

Collecting archaeological resources, including arrowheads, is a violation under Title 43 Code of Federal Regulations 8365.1-5(a)(1). It is also a violation of the Antiquities Act of 1906 and Title18 of the United States criminal code. Violators may face prosecution and prison sentences of up to one year or more and/or possible fines in the tens of thousands of dollars.

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.

How much money is given for police brutality in Illinois?

Virtually none. The state seldom if at all awards punitive damages for police brutality even if it is blatant.

Who decides civil lawsuit?

civil lawsuits are heard by a jury, then they make the decision. only if both parties agree to a non-jury trial does a judge make the decision.

Can you sue someone for defaulting on an auto loan that you signed for?

After reading the comments on the discussion page:

It is VERY unfortunate you did not have them sign an agreement for the repayment! Even if you prove your case in court, if the other party has no assets against which to file a lien, you seem to be pretty much out of luck. It is EXTREMELY doubtful that the lender will let you off the hook. At this point your only option is to consult with legal counsel to determine your options under the laws of whatever state you are in.

Can a cosigner of an apartment sue the people he cosigned for after they were evicted and left him to pay unpaid rent and other fees?

Yes, a cosigner of an apartment can potentially sue the individuals they cosigned for if they were evicted and left with unpaid rent and fees. However, the success of the lawsuit would depend on the terms of the cosigner agreement, state laws, and individual circumstances. It is recommended to consult with a lawyer to understand the specific legal options and remedies available.

What is a majority opinion?

A. the statement written that explains why the majority opinion is wrong

B. the statement written to explain why the decision was made {GradPoint}

C. the petition that is created to persuade justices to agree with the decision

D. the action taken to correct the majority opinion before it is official

How much warning do you need to be served to appear in court?

Transportation time. I was served while at work for a case that was going on at that moment. I had approximately ten minutes to get there. According to the judge (I asked him about it afterwards), this does not happen often, but when it does, he allows the person enough time to make it. If they do not, he sends somebody looking and there had better be a VERY good reason why a person has not show up within a reasonable amount of time for the location where they were served. But, this could be different in other states. I only know for mine.

What is purging a civil contempt order?

A Civil Contempt Order is an Order of the Court finding that you have not complied with some act that the Court required of you. As a result of the non-compliance, the Court holds you in Civil Contempt and punishes you -- usually monetarily or by jail time, but suspends the punishment for a period of time, giving you the opportunity to "purge" yourself of the contempt by doing what the Court requires of you, for instance, by appearing for deposition. If you do what the court requires of you within the time allotted by the Court, you have "purged" yourself of contempt.

What is the current settlement average on Avandia cases?

,

It depends on which firm is representing you in your litigation against the makers of Avandia and the terms that are finalized through settlement negotiations.

A class action lawsuit means that everyone involved gets the same thing no matter what. Our Avandia litigation is a 'mass tort.' Settlements are going to be unique for every case, every claim, depending on severity of injuries. Cardiac Deaths will receive the most. Stroke, Heart Attack, Stents, Congestive Heart Failure, etc., again, are all going to be unique in their settlements, but could average anywhere between $25k & $60k & beyond.

Cheers!

Visit my sites for more information:

Avandia.LawsuitInformation.org

Does an employer have right to amend time card?

Unless your employment is protected by some type of contract or labor agreement, employers have WIDE latitude to administer their employees - especially so if you are in a so-called "right to work" state. All states have some kind of state agency that covers employmnent regulations (Dept of Labor - Wage and Compensation Board - etc), you should call them and check. They are probably listed in the blue pages of your phone directory under State Govt listings.

Can a civil suit be filed while writ petition disposed of not on merit?

Yes,since because a writ is not the matter to be decided to the facts.The fact finding Court is the civil Court of compitant jurisdiction.Thus,upon filing a writ for any urgency in respect of constitutional remedies and on it's limited disposal but not on merits then a civil suit for legal right can be entertained on various aspects of specified law.

Can a homeowner be held responsible for a unlicensed contractor?

a home owner can and will be held responsible for a unlicensed contractor even if it is not complete or done wrong it is on you due to fact you hired them all ways all ways get a contractor that is licensed insured and bonded and allso do some research on them and allways have a inspector involved on big projects just better safe then sorry

What papers are needed to file circuit civil case?

A civil case filed in a circuit court most often begins with a PETITION.

A petition must contain certain things or it will be dismissed. It's a complex matter best handled by a lawyer. If you're not really careful, you could set yourself up for a "malicious prosecution" case brought against you and/or be liable for attorney fees to the defendant's attorney.

In addition to the petition and the requisite number of copies, you will be required to pay a filing fee. Each jurisdiction has its own Rules of Court and procedures to follow. Call the clerk of the court where jurisdiction is proper for your case and ask whatever questions you might have. (Determnining jurisdiction is sometimes so complicated, though, that it takes a lawyer to figure it out -- and sometimes it takes years of argument before jurisdiction is decided by a court...)

If you are considering suing someone in civil court, you are encouraged to consult with an attorney in your area. Civil cases are most often handled by attorneys on a contingency basis -- meaning, you don't pay the attorney unless you win your case.

What is needed to win a civil suit?

This is a very open question with many variables. First, you have to have a viable cause of action. Second you have to draft a claim. Your claim is very important. Use simple sentences 8 words or fewer. Only allege what you need to allege and nothing more. You will have time for a story later. There is way too much to go into here, in summary knowledge.

What do you do if you were not served and now have a default judgment?

If you were not served and now have a default judgement, you can ask the court to vacate the default judgement. You have 180 days from the discovery of the judgement to file this motion.?æ

What does it mean to file a written response after you have been summoned?

A written response, normally called an Answer to the Complaint, is your opportunity to deny the allegations made in the complaint against you. The complaint was in writing and served upon you. You must therefore do the same. You answer each numbered allegation in the complaint one by one. Some you'll have to admit and some you will deny. Others you will neither admit nor deny but leave plaintiff to prove it. Once the court receives the answer it will be treated as a contested matter and put on track for trial.

In addition to making denials of the allegations in the Complaint, you will have to raise what are called Affirmative Defenses. Check the court rules for the affirmative defenses that must be raised.