Civil Cases

"Laches" is a neglect or omission by one party to assert a right, which because of the lapse of time, has caused some type of prejudice to the legal position of an adverse party. If the prejudice to the other party's position is serious enough, a court can rule that the party that is guilty of laches as to a particular claim or defense has abandoned that claim or defense and may no longer raise it.

Yes there is; however in most states a litigant must request one in the opening pleadings or as soon thereafter as possible. Many states provide that a civil jury consist of only 6 rather than 12 jurors.

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No, You bring your witnesses and evidence same as the opposing client. You are then given a chance to give your side and so is the other defendent. The judge is the on that makes the final decision. I have been to civil court many times, but I do not take anybody to court that I do not know I can win at. Also, you may not always like what the judge has to say.

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If one or both parties makes a request for a jury (a Jury Demand) there will be one. Some states limit whether juries are provided in small claims courts. There is a separate constitutional right to a jury in a civil case as well as a criminal.

With the Clerk of the Court's office of the court which will be hearing your case.

Cohabitation can be a factor in divorce in Illinois. Cohabitation agreements are not an option for unmarried couples in Illinois, and are not legally recognized unless one party is going through a divorce, in which case dire consequences can occur.

Unsure what is being asked. When the defense and prosecution "rest" and the case is ready to go to the jury, the judge "instructs" them in the law(s) applicable to that case before sending them into deliberation.

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.

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 witout the assistance a lawyer

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.

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.

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.

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.

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!

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.

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.

It is a criminal case.

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.

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.

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.

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.

Depending on the severity of the damages, it's negligence or gross negligence.

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.