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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
When do you file enjoinder in a class action civil rights case?
At http://SueEasy.com apparently you can start one and if more than 5 join it.. then a Class Action lawyer will pursue it immediately. They also have a massive database of constantly updated Class Actions you can join!
This statement is made in good faith your belief without prejudice?
I did not mean to offend you people. So yes please do not go and delete this amount of food I have in my refridgerator. Fred has this in God's hands so do not desterb the poop.
Summation of forces is the biomechanical principle that refers to either the sequential of simultaneous movements of body parts to produce force.
force summation is the use of alot of body part used from smallest to largest in the correct timing and way. 1. you use the big/strongest muscles in your body.
by the way the best muscles to use are the muscles farthest away from the object your trying to throw.
If the defendant in a civil suit does not respond to the charges what happens?
The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.
What forms do you need to respond to Form SUM-100 Judicial Council of California?
The form is a summons to appear before the local California court as a defendant. The only documentation required is the actual summons.
How does a landlord sue a tenant for unpaid rent?
Have you written a demand letter to the tenant? If not, why? Many tenants will work with you--references are getting more and more important and landlords can post unpaid rent at http://nopaytenants.com/. Information on how to write a demand letter can be found at the Related Questions below.
If you find that the tenant will not work with you, you will need to proceed with legal action. You options are:
Small Claims Court: This is the easiest and cheapest method of suing for unpaid rent. Small claims court is a court where the process is designed for laymen. In fact, in most states, no attorneys are allowed in small claims court unless they are being sued there. However, each state has a jurisdictional limit for small claims court. You cannot sue the tenant in small claims court for an amount that exceeds the jurisdictional limit. See the below link for each state's jurisdictional limit.
To file a small claim, fill out a simple form at your local courthouse and a court date will be set up. In some jurisdictions, small claims are required to go to mediation first, so a mediation date may be assigned as well.
The tenant will need to be served with the small claim form well before the first hearing. Most courts have a brochure explaining the options you have to serve the tenant.
At the mediation, no witnesses are allowed, but be prepared to show through your rental contract and accounting records that the tenant owes you rent. If you are unable to settle through mediation, you must go to trial. At trial, you must bring all witnesses, contracts, documents, and other evidence that prove the tenant owes you rent. The tenant will have to show evidence why he or she does not owe you money. After hearing the evidence and giving each party the chance to cross-examine the other party's witnesses, the judge will make a decision.
Small claims court decisions can be appealed in some jurisdictions. The Small Claims Court Resource Center, which can be found at the link below, will give you a great deal of information about the small claims process.
Civil Court: Civil court is where you go if your tenant owes you more money than your state's small claims jurisdictional limit. You could also sue in civil court if you are uncomfortable with small claims court. In civil court, the process is complicated and designed for attorneys, not laymen. Because of that, if you sue in civil court, you should seriously consider being represented by a landlord-tenant attorney. A listing of these attorneys can be found in your local phone book.
Arbitration and Mediation: It feels like cheating to recommend these options when you asked about how to sue. However, mediation and arbitration are very successful dispute resolution options, especially when the amount you are owed exceeds the small claims court jurisdictional limit. See the Related Question "What are alternatives to small claims court?" below for details.
How do you request evidence from opposing counsel for a civil suit in Texas?
The rules of court differ from jurisdiction to jurisdiction -- even within the same state -- but ALL jurisdictions provide for what is known as "the discovery process".
Once a civil suit is filed by a plaintiff, served against the defendant, and answered by the defendant, both parties begin the discovery-phase of the lawsuit. In the discovery phase, various documents (called "pleadings") are filed that require the party upon whom they are served to provide the requesting party with answers to questions and/or provide tangible evidence (like documents).
If, at trial, the other party "suddenly" has evidence that was not provided to the opposing party during the discovery phase, they risk having that evidence thrown out of court for failing to provide timely notice to opposing counsel, etc.
It's a complex system that is best handled by an attorney.
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.
How do you respond to a civil suit without a lawyer?
A proper way to respond to a civil lawsuit Complaint that has been filed is to file an Answer. In this legal pleading, a person has a chance to explain why or why not the counts in the Complaint against them are valid.
The prayer amount is the demand for a specific dollar amount of damages.
How do you remove information in public records?
You can remove information from the public records by requesting and writing the public record source. They are required by law to remove it if you can prove that it is expired or false. Otherwise, you cannot remove them.
Should you plead no contest to a class A misdemeanor?
Ask your attorney. This is not a question that can be answered here.
When is the Payout Day for the Avandia-Lawsuit?
21 days after that interest will have to be paid to you
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.
How can you subpoena phone text records directly from defendants physical phone not company?
The Subpoena phone cannot text records directly from the defendants physical phone unless they do it illegally.
It means that although the plaintiff's attorney may (and probably will) "suggest" an appropriate amount for the compensation of their client, the actual amount of the award, if any is to be awarded, is left up to the discretion of the jury.
Filing a Motion, in and of itself, does very little other than give the other party and the court notice of your request for something. Your attorney knows that s/he needs to request a HEARING on the Motion and obtain an Order from the court for it to have any enforceable weight.
Filing a Motion to Compel Answers to Interrogetories, for example, tells the opposing party that they owe you answers -- and it tends to indicate that you are serious about getting those answers. In most instances, the opposing party will get busy and answer the interrogatories without a hearing on the matter. But if they don't, you have to request and have a Hearing on the Motion to obtain an "Order to Compel". The court will not sanction a motion, but can only sanction a party who fails to comply with an order.
Let's say that you have an Order to Compel by the court that order the other party to answer your discovery request "within 15 days". Those days come and go and you still don't have your discovery. Now it's time to file a Motion for Sanctions, and notice up that motion with a hearing. If the opposing party still fails to comply, and particularly if they fail to show up for the hearing, you will likely be granted monetary sanctions to cover your costs involved in trying to get the discovery to which you are entitled.
Each jurisdiction is different, and each judge within each jurisdiction has his or her own way of dealing with these things. You are always better off having an attorney handle these matters for you.
What happens if a judge has ruled on a judgment dismissed without prejudice?
A "Dismissed without Prejudice" order means that the lawsuit is being dismissed by the court, but the case can be re-filed if the party chooses to re-file.
This often happens when a lawsuit is filed but, for some reason, it is not pursued. Maybe a plaintiff becomes ill, or maybe a witness can't be located. The possibilities are endless. Rather than the case sitting in the court docket without there being any activity on it, the court dismisses it.
On the other hand, a case that is "Dismissed WITH Prejudice" means, usually, that the claim is barred from being refiled.
What questions do you need to satisfy in a civil court case?
In the broadest sense, it is which (if any) of the disputing parties is correct and should have the requested relief.
Each legal case may have one or more main questions (issues) to address. The supporting documentation normally spells out (1) what the issues are, (2) what type of relief is requested. Sometimes this is a dispute between two individuals, sometimes between the State/Government and an individual.
The judge must decide on the question of which if any of the parties is correct on each specific issue - with respect to the law, and any binding contracts in place. Then the judge must decide on what to do about it - who gets what "relief" or perhaps who goes to jail or must pay a fine.
Can a nonattorney file a written appearance in pa for a corporation in a civil suit?
Question is unclear. A non-attorney may deliver to (i.e.: file) the notice of appearance to the Clerk of Court's office but the notice itself must identify to the court THE ATTORNEY OR FIRM who will be representing the corporation.
Can a civil case be used against you in a criminal trial?
Yes, unless the judge rules it inadmissable for some good reason.
