Civil Cases

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.

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.

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.

The State

The court can rule in favor of the plaintiff. This is not an unusual occurrence. The plaintiff usually gets everything they asked for, which may be money, injunctions and compensation for court costs.

This court hears cases in which individuals claim that the Department of Veterans Affairs has denied or otherwise mishandled valid claims for veterans' benefits.

The answer to a civil suit is known as a "first pleading". The defendant answers each charge as a denial or an acceptance. Example: A first defense and the best defense would be that "The plaintiff fails to state a claim against the defendant which could be granted relief under existing statutes" (meaning the debt itself is not valid/owed). The next best defense would be "If the defendant is indeed indebted to the plaintiff for reasons stated in the complaint, he/she is indebted to them jointly with_____" (meaning the plaintiff did not bring suit against all parties who owe the debt). An so on and so forth. It is not necessary for the defendant to concern themselves with the use of "legalspeak" (legal terminology), but conciseness is the best choice. The defendant should always bear in mind that they are presumed to be under oath and should under no circumstances impart any information that is not truthful. Please be advised, failure to appear at the trial (or hearing) can result in a default judgment being entered against the defendant/debtor Copies of your response should be sent to the plaintiff's legal counsel and to the office of the clerk of the court where the summons was issued. The contact information can be found on the summons. The correspondence should be sent by certified mail with a receipt requested.

For most pleadings in Indiana, you have 20 days after you receive the complaint to respond with your answer; as defined by Indiana Trial Rule 6(C). However, some specific types of pleadings require a response within 10 days (see T.R. 6).

It is always advisable for the defendant to retain legal counsel or at least seek legal advice to be assured that all his or her rights are protected.

what is the statute of limitations for medical malpractice?

The case was closed. someone didn't show up to support their claim or didn't answer the claim against them.

A person charged with a crime is being brought to the CRIMINAL courts by the state. If convicted that person may be fined or sent to prison.

A person being sued is being brought to the CIVIL courts by another legal person. The side which loses the case will have to pay costs and perhaps make restitution to the person who wins.

what is the statue of limitations on civil judgment as a result of DUI, including the this was filed 11 years ago and i was never notified of refiling

I think the term you are looking for is "Mental Anguish and Distress". In the litigious society we live in, it is possible to sue for nearly anything. (Personal opinion: if there has truly been significant damage done to your health, mental state, or general well-being, a suit may be in order. But don't be frivolous.)

If a case was "stayed" for some reason - it is usually only a temporary event - if/when the judge rules that the case can resume he "restores" the case to whatever its status was prior to the stay being ordered.

Primary benefits include PART of lost wages (it doesn't pay 100% and has a maximum limit, depends on state), medical costs, and can pay to retrain you if you can't perform your old job anymore.

In Florida, when a party against whom action for affirmative relief has been filed (Defendant) fails to file an answer or serve any paper in the action within the time frame permitted by the rules of civil procedure, the party seeking relief (Plaintiff) may have the Clerk of the Court enter a default. The Plaintiff files a Motion for Default with the Clerk and provides a proposed Order. The Clerk will review the file and if it is found no answer was filed by the Defendant, the Clerk will sign the Order entering the Default.

Absolutely! You need to find a litigation specialist that knows real estate. Realtors must be held responsible for negligence or misrepresentation based on a fiduciary responsibility to their client, and fair dealing with all others in all actions related to their practice. If you have been wronged, even if it was accidental, you must seek restitution and punish the offender. They have malpractice insurance to help you. Do not throw idle threats; sue now!

File a motion to appear in the Family Law Branch of the Civil DIvision of your local Circuit Court. When your hearing is granted be well prepared with good sound legal resasoning as to why the custody of the person you are challenging should be ended or altered, and custody awarded to you. It would probably be best if you retained an attorney to assist you with any such action.

There is nothing to stop you from suing. However, it can be a long drawn out, and expensive procedure depending on the circumstances. Unless the money was borrowed with a statement to that fact, it sounds like a lose-lose situation for both sides. However, you should check with a lawyer for appropriate direction. Depending on the amount, you might be able to take them to small claims court. This will depend on what your state has for the Max amount. Most are different, but average between 3 thousand and 5 thousand dollars. Then you come to evidence, do you have any? Having a signed contract would be great, especially in small claims court. Also you can have a contract for, say 6 thousand dollars, but decide that you will still go to you local small claims court, even if you can only sue for part of the money in your contract. This is done because it is quicker, you don't need an attorney, you represent yourself, and you won't have to spend lots of money trying to get your contract paid. Now if the amount is alot over small claims, is it worth a fight and do you have some evidence? Then you may want to try to fight them in court. Talk to several attorneys before you decide for sure. If you are going to court, be ready, it can take a long time and get messy.

The loser pays for both sides' legal expenses.

the correct answer is that she lost the civil case and had to hand over the house on the hill. the jury there found the preponderance of evidence showed she had killed her husband unlike the first criminal trial.

Definitely a moral responsibility. Legal with certain jobs, not sure entirely.

The "Plaintiff" brings a civil suit by filing a complaint, hence the word plaintiff or sometimes "complainant."

The purpose of a pre-trial conference is to look at the totality of the evidence to be adduced in the trial together with the pleading. That would ensure that the issues are considered and condensed in pre-trial conference minutes. ( Smith v Min Sik Pak [2008] FJHC 354 )