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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

Who owns the fruit on branches that hang over my property if my neighbor owns the fruit tree?

If the fruit falls onto your side, I believe it would be yours.

However, though some localities say a homeowner can cut overhanging branches IF the cutting does not deface the tree, it is MUCH more neighborly to work out the problem with your neighbor. No point in hurting a tree, especially one old enough to produce fruit.

Can a Motion to Dismiss be used as an answer to a Complaint for Eviction in Florida?

Yes, this is a common answer that is served in these complaints. This would be an acceptable answer for eviction.

Can you sue a doctor that is deceased but caused injury when he was alive?

The guy is dead, suing him will be a waste of time and money. The best thing is to make his mistake known publicly, so other doctors and individuals will learn from that doctor's mistake.

Can you go to small claims court for 200 dollars?

Yes. There is no minimum amount you can sue for in small claims court.

How can you get out of a writ of bodily attachment?

Writ of attachment is a legal document which court after exam the evidence and determine it is necessary to issue this order because the person or property are in immediate danger. But if it is ex parte the other part abuse the system. In many occasion iy is unnecessary. Specially for child custody.

What protection does an LLC provide?

The protection offered by an LLC depends on many factors. First, where are you establishing the company? Second, is the LLC adequately capitalized (does it have its own assets to operate, or is it just a front for an individual). Do the officers and directors of the LLC follow the requirements of their state in terms of management of the LLC: do they hold regular meetings of the board, with minutes and votes as required? An LLC without the assets and formalities may not provide any protection to its owners at all. Property capitalized and run, however, an LLC can protect its owners from personal liability for those debts of the company (again, varies by state).

What does non-pecuniary mean in a discrimination law suit?

Basically it means that there is no set amount of money attributed to the 'injury/harm' done to the plaintiff. Whereas pecuniary would indicate a specified amount of money has been set by the existing law relating to the offense.

Can a civil court change the status of plaintiff to be the defendant?

No. Whoever files first is the Plaintiff. If the Defendant then chooses to "cross-sue", the Defendant will still be the defendant on the pleadings even though by virtue thereof, the defendant has launched what is called a counter-claim. In such a scenario, the Defendant will have to defend the Plaintiff's claim, and progress the counter-claim ---- in the same way the plaintiff will need to progress its claim as Plaintiff (and yes, in the same way, the Plaintiff will have to defend the counter-claim launched by the Defendant).

By way of additional info, note that the "whoever files first" rule is generally applied to "fix" jurisdiction too. Although the general rule is that the Defendant should be sued in its own jurisdiction, rules modify this basic approach, most often by way of the applicable treaty (e.g. by "special jurisdiction" and "exclusive jurisdiction") and thus by such rules, often the plaintiff is able to sue in its own jurisdiction. Therefore if both potential parties believe they have a claim against the other, where the rules allow for the jurisdiction to be in the plaintiff's own, then it works on a "first come first served basis.

Can a single mother ignore a court injunction to return to the father's state?

No. The consequence of ignoring a court order is the issuance of an arrest warrant. She should consult an attorney.

No. The consequence of ignoring a court order is the issuance of an arrest warrant. She should consult an attorney.

No. The consequence of ignoring a court order is the issuance of an arrest warrant. She should consult an attorney.

No. The consequence of ignoring a court order is the issuance of an arrest warrant. She should consult an attorney.

What can you do about maintenance man harassing myr family?

If it's serious or you feel threatened, call the police and they will help you. If not, depending on your country's legal system you can file a restraining order. Call a local lawyer and ask how it's done.

Where do you go to press charges?

To press criminal charges against someone, go to the police station that is closest to where the criminal act occurred.

This question is filed under "civil" cases. Charges are not "pressed" in civil matters.

Who owns a fence encroaching 4 ft over the property line?

This is such a serious situation that you should consult with an attorney ASAP to determine what the law is in your jurisdiction. The attorney will also need to make certain your property line is clearly defined in your deeds and that the fence was constructed on your property. You may have several options:

  • You may need to provide the neighbor with the opportunity to remove the fence.
  • You may demand the neighbor remove the fence. A notice should be sent by your attorney.
  • If you want to treat it as your property then clear it with your attorney.

How do you find a case settlement?

look up casenet.com under litigants, you should find what you are looking for, or you can call the courthouse that gave the judgment they would have that information.

Will you have to go there and pick up your check or will they mail it to you in avandia lawsuit?

The attorney's firms representing the class action will mail it to you. Don't hold your breath expecting a large check.

What are the laws against someone that beats you up in their driveway even though they invited you to their house?

when you are an invited guest you have aquired many rights as if the property is yours. you are allowed to make decissions that would protect the property or the persons on it. if you are invited and harmed intentionally this is premeditated with intent which becomes a serious felony. to learn more look for the book "YOU and the LAW" by Readers Digest. Very helpfull book I promise!

You refused to take advocate's legal notice Will they take action against you?

No. There is no immediate action for not taking advocates legal notice but there is every possibility legal proceedings may be initiated against you in the appropriate court of law.

Is there official information about the Hinkley case aka Erin Brockovich case that is available to the public?

Yes, do a search under The Hinkley Case and you should find it. The actual Chromium leakage is STILL going on in the town of Hinkley and surrounding areas. You can find that information on the CA.gov website under Hinkley. For more information, see the page link, further down this page, listed under Sources and Related Links.

What is the definition of summation?

the final arguments of opposing attorneys before a case goes to the jury.

Can a case be dropped if victim doesn't show up?

Depends on the type of case. In some cases the defense can argue that as the victim doesn't wish to turn up they are therefore forfeting the case. In other cases the police may choose to take the case to court even without the victim if there is sufficent evidence to do so.

In statistics what is progressive summation?

Generally, progressive summation is the process of obtaining a cumulative sum at any time by adding together all prior occurrences.