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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
What is the person being sued called in a civil case?
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.
How long can a civil lawsuit in Pa last?
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
Can you sue someone for mental distress?
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.)
What does case status restored mean?
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.
What does worker's compensation cover?
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.
How do you apply for a default judgment?
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.
Can you sue some one that promised you money and didn't follow through?
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.
What happened to the Donna j somerville civil suit?
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.
Do you have to report a suicide?
Definitely a moral responsibility. Legal with certain jobs, not sure entirely.
Who bring civil law cases to court?
The "Plaintiff" brings a civil suit by filing a complaint, hence the word plaintiff or sometimes "complainant."
Meaing of pretrial conference?
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 )
What is the verdict for civil case?
The verdict is 'Guilty.' The finder of fact (usually a jury) has to feel that the evidence proves guilt beyond a reasonable doubt.
How do you file a quiet title lawsuit in Washington state?
In non-judicial states such as Washington an action to quiet title can be used to challenge lenders or trustees who no longer own an interest in a borrowers property. It is an extremely complex legal action and is costly to pursue. You need to consult with an attorney who specializes in that type of lawsuit. The attorney needs to perform preliminary research to determine whether or not you have a legitimate cause of action. If so, further research in public records, and possibly non-public records, must be performed to document your case.
What were the main events of the revolt 1857?
CAUSES OF THE REVOLT
POLITICAL CAUSES
1. Lord Dalhousie caused widespread resentment among the Indian rulers and their subjects by aggressively expanding his state and annexing native Indian states
2. He annexed states of satara nagpur and jhansi by applying the doctrine of lapse
3. NANA SAHEB was denied a pension after his father's death. He was the son of Peshwa Baji rao II
4. Bahadur Shah's successor was denied the right to live at the red fort
5. He annexed Awadh, accusing the government of maladministration and shocking the nawab who was a faithful ally and the people of India
6. The British did not obey the treaties sometimes and they were broken according to the need of the British and the nawabs at that time could not trust any treaty at all.
ECONOMIC CAUSES
The policy of economic exploitation by the British and widespread destruction of the traditional economic structure caused widespread resentment among Indian society.
1. The zamindari(land lord) system was introduced by the British and the peasants were exploited by them. They were often tortured or jailed when the peasants failed to pay the taxes
2. The landlords also were insecured and jagirs(lands) were confiscated when the taxes did not match the assigned goals. 3. The interests of India were not the first priority of the government. They came in India for economic profit, which was the main priority. The traditional industries collapsed under the pressure of industrialized fields. No measures were taken to improve the conditions of the peasants and the artisans. 4. The annexation of Indian states was followed by large scale unemployment and economic distress as a large number of court officials and other lost their means of earning. All the poets, artisans etc working under these rulers lost their jobs.
SOCIAL CAUSES
1. Social reforms by the Britishers were hated by the Indians who took it as a mark of British interference in the political affairs of India. 2. The efforts of missionaries t convert people to Christianity also angered the Indians. 3. The introduction of western education undermined the position of the traditional teachers and teaching methods in India. 4. The introduction of railways, telegraphs and posts, though good for he society, gave birth to doubts and fear among the poorer and illiterate section of the society. 5. The British judicial system introduced the principal of equality which undermined the presence of caste system in India. 6. The British looked down upon Indians and followed a policy of racial discrimination and separated themselves as 'superiors' from the Indian society. Lord Wellesley described Indians as vulgar, ignorant, rude, familiar and stupid.
Military causes
1. The Sepoys had helped the British to establish their empire in India but were not awarded or promoted at all. On the contrary, they were treated with contempt. 2. There was a discrimination between the Indian and the British soldiers. 3. An Indian soldier got much less salary as compared to a Western soldier. 4. The senior British officers did not pay any respect to the Indian soldiers at all. 5. The act passed in 1856 that made it compulsory for all troops to serve overseas hurted the feelings of the soldiers as hindus believed that overseas travel would lead to a loss of caste. 6. After Awadh's annexation, the army was disbanded and a lot of soldiers lost their livelihood which led to general anger against the British 7. The Indian soldiers were much more in number as compared to the British soldiers. In 1856 the number of Indian troops was up to 5 times as compared to the British troops. This also encouraged the Sepoys to rise against the British.
Which court hears cases that claim damages against the US?
The US Court of Federal Claims. It is located in Wasshington DC.
What does civil service status mean?
Civil Status = Marital StatusIt could also be some of below, depending on the context.Civil means like, when you dont get on with someone, but only talk when you have to. or when you do talk you dont argue. or if your with someone whos both of your friends or family, you dont ruin it for them. BY LAUREN whos really radically tottally superficially cooool (H) :)
The Births, Marriages and Deaths Registrar records the civil status of someone and is sometimes called the Civil Status Registrar
What are Grounds to sue a judge?
Grounds to sue a judge are if they have violated the states eleventh amendment, and have such violated your constitutional(civil) rights. Examples would be if they have violated your due process rights in court, if they have refused to accomodate you based on disability, discriminated against you because of that disability or your sexual preference, religion, creed, race, or gender. Their immunity is figured out by which actions were executed within their judicial capacity and are of 'NORMAL' judicial capacity first and foremost. That is the best place to start, contact a civil rights attorney secondly in your area for more information. Judicial misconduct must first be reported to your states Judicial Commission and then secondly to the United States Justice Department. Only then, can you have a right to sue letter and have your day in Federal Court if you so deem that is your desire whether or not that is your path to still take, attorney or not, and remember, you need to hire an attorney IN YOUR STATE to recover attorney's fees. Good luck!!!!
Debbie in Wisconsin
_______________________________________________________________
Here is my DEMAND LETTER:
July 15, 2009 I did present the court with a MOTION TO VACATE A VOID CRIMINAL JUDGMENT. I asked if you had read the motion; you did not indicate that you had. Rather you responded, in what I have come to experience with you in all of our court room experiences -- an angry and demeaning manner - and with no due process, "It is untimely and I am incarcerating you!" I replied, "Void Judgments never die.[ Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194]." I was then shackled and taken off to county jail and incarcerated for forty-four [44] days. (On that very night in the jail I did almost die due to an overdose of medication given by the guards, and had to be transported to JFK Hospital where I was kept for four days.)
Rulings made in violation of Due Process are void.
August 12, 2009 an oral motion was made to reconsider Defendant's motion and it was denied, again as "untimely."
Either you do not know the law - incompetence, or, you ignored the law - unconscionable!
CCP Section 473 permits a trial court, on noticed motion, to set aside void judgments and orders. Courts also possess inherent power to grant such relief. Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194. A void act or judgment may be attacked in any forum, state or federal, where its validity may be drawn in issue. Pennoyer v. Neff, 95 U.S. 714 [24 L. Ed. 565 ] (1878).
(Burns v. Municipal Court (1961) 195 Cal.App.2d 596, 599.) "The most important is jurisdiction of the subject matter. 'No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof.' (P.C. 681.) In other words, the court in a criminal trial, like the court in a civil proceeding, must have jurisdiction of the subject matter" (4 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Jurisdiction and Venue, § 1, p. 86, citing, inter alia, Burns v. Municipal Court, supra, 195 Cal.App.2d 596, 599.)
When a judge does not follow the law, i.e., they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judges' orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974); Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980 ); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by a judge without jurisdiction), they become trespassers of the law, and are engaged in treason The Court in Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962)
You have lost your immunity: When a judge does not follow the law, i.e. ,they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judge's orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." [Emphasis supplied in original].
I shall be writing a motion to have your ruling against me dismissed, and again presenting my Motion to Dismiss the Void Criminal in the near future.
THEREFORE I am making this thirty [30] day demand for $150,000.
Most sincerely,
Sharon Stephens
An example of an affirmative defense?
There are various, numerous affirmative defenses to any complaint. They are usually set forth in the civil procedure statute for each state. For instance, in Wisconsin, they are listed in Section 802.02(3) of the Wisconsin Statutes. In many cases, they must be plead initially (in the answer) or they are waived. Of course, most of the time the answer can be amended for a period of time as well.
What is the summary of wings on fire?
Summary: The book as I said is about Kalam rise from humble circumstances & his narrative of India's strides in rocketry & space science. The book is neatly divided into four sections - Orientation, Creation, Propitiation & Contemplation. The book dedicated to his parents begins with 'My mother' - a poetic tribute to his mother Kalam.
The first section covers the early life of Avul Pakir Jainulabdeen Abdul Kalam. Hope you noted the expansion of APJ .. it could be asked when you are on hot seat on KBC3 ;-). His memories of the early days are very reminiscent of good old magudi set up. The way he remembers his relatives, teachers who influenced him makes one wonder. Adding color to the section are the black and white pics of that time. This section covers all his education and early travels.
The next section deals with Kalam's further trainings and his association with defense and space projects, mainly the SLV3. This section has too much scientific details and introduces you to a list of defense and space research establishments that you may have not even heard of. Just as he thanks his family and mentors in the first section here you find him thanking the stalwarts of Indian science like Prof Vikram sarabhai, Dr Brahm prakash, Prof Satish Dhawan. That Kalam is an aam aadmi at heart is proved by his many narratives involving his interaction with committed but insignificant people in the hierarchy. All through the book you are continually fed with acronyms, which again can come back to you on any KBC3 as a question.
The third section covers the years 80-91 when Kalam moves from ISRO to defence Labs. Here again like the previous section there are many black and white pictures where like the 70s hero, you find kalam in bell bottom pants ;-). The book covers the story behind the names we have all heard, the SLV3, PSLV, Akaash, Naga, Agni, Trishul and what not. The book apart from Kalam's story is also a list of Indian space who is who & achievements.
The last section deals with later years where Kalam is conferred with a list of awards, his contemplations, his visions for the country. There is a very touchy narration of how he visited a old teacher of his & the reunion of a pupil who went beyond teachers expectations. Its difficult not to be inspired by this life. The section along with epilogue also mentions of Kalams vision 2020 - of self reliance vision & technology vision.
I says I Would recommend this book to any one who can read this. This has something to inspire everyone. His undying spirit, quest for knowledge, trusting people etc are a great lesson to kids. No wonder that you see him spending much time with kids. If you read the book its as if he is speaking to you in the simple English that he always uses. And to imagine he worked mostly in govt establishments where red tapes, bureaucracy is the order of the day. Read this for the follwing reasons - Kalam's story, General knowledge about Indian scientists, space programs, defence research, rocketry.
All through the book there are many lessons even for the managers as kalam narrates how the best out of people can be brought out. No politician reads a book these days, they cant write as they don't have vision. Kalam isn't a politician, as the media says he is a 'spiritual scientist', read his visions and contribute in every little ways to make it come true. I was expecting him to write why he didn't get married, the book doesn't say anything. Apparently he didn't have a personal life, it was a life totally well spent for science, for nation. Whatever I write its going to be insufficient revu on this book, it has to be read, it has to be experienced - and that happens only when you read and Kalam takes you through his journey, by hand.
How do you get rid of eviction on your credit report?
Eviction judgments are removed after the required 7 years have elapsed. In some instances, if the eviction resulted in a judgment and said judgment is renewable it can be reentered on the debtor's CR when renewed.
