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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

How long does it take to evict a tenant in Missouri after a suit has been filed?

A tenant has until:

1. The time frame listed on the eviction notice that one must move or face eviction proceedings; or

2. at the eviction hearing, the time the judge will order the defendant to move out by or face removal by the sheriff's department or constable.

Remember: an eviction is not the process of being kicked out of your home (this is actually called a termination of tenancy/lease), but rather, a court hearing the landlord initiates to get you forced to move out.

If the defendant wants to try and settle the case outside of court does the plaintiff have to agree to negotiations?

No. In some situations the judge will request the opposing parties and their legal counsels (if any), often with an independent mediator present to try and find a resolution to the matter before the trial commences.

What does Motion to compel selection of counsel mean?

A Motion to Compel Selection of Counsel is a legal request made to a court, asking it to require a party to select or designate an attorney to represent them in a legal proceeding. This motion may arise when a party has not appointed counsel within a specified timeframe or is unrepresented, potentially hindering the progress of the case. The court's intervention is sought to ensure that the legal process continues efficiently and fairly.

Can you leave home before 18?

Depends on where you live. In many developed nations, 18 years of age is considered an adult, and as such a parent is no longer obligated by law to provide for the person unless they have a disability. Attending school is NOT a disability.

How long can a civil suit last?

My favorite answer: it depends.

What state do you live in?

Some states have laws that require suits to be completed within a certain time frame (five years). Usually, this is not what drives how long a case lasts. Instead, lawsuits take time because of the amount of time that is required to be given for notices and for discovery. Also, settlement discussions can significantly cut short how long a lawsuit lasts, if successful.

What is a motion for final judgment?

A motion for final judgment is a motion filed with the court that asks for judgment on the case without a trial. The judge presiding over the case has the power to grant a motion for final judgment.

What type of lawyer do you need to settle a will?

You need an attorney who specializes in probate law.

What is the person being sued called?

The defendant. The one being accused of a crime.

Who may attend a pretrial conference?

it depends on whether the trial is civil or criminal

In civil cases what is the person being sued called?

Defendant. He has to defend him self against the plaintiff's accusation.

What happens if a Writ of Execution is ignored?

You are not normally notified ahead of time. You are normally notified of the intention to a writ of execution as an when it comes into effect. If you are not notified at all, then third parties cannot carry out actions required under the writ of execution.

How do you legally answer a lawsuit for debt collection?

Step by step how to sue a collection agency in small claims court If you have decided to take action against a collection agency for violating the FDCPA here are some tips for you. It's not easy but it is very do-able and with a little education about the process you can limit the risk of getting your case dismissed. Do you have a case First off you need to determine what they did and if it qualifies for a law suit? If you were nothing more than inconvenienced a time or two you may lose or the judge may dismiss the case altogether. Suing a collection agency is meant to give you closure and perhaps damages for a violation but too many consumers run into court and only end up annoying everyone because their case is so flimsy. So what is a good case? Just read some of the successful lawsuits filed by the FTC against collection agencies. They usually involve repeated phone calls at all hours, threats, harassment or intimidation or obvious violations such as refusing to validate the debt at your request yet continuing to try and collect. Those are all good reasons to take action. It's also important to show what you did before you took that final step and filed your lawsuit. Keeping good records and receipts is paramount to building a good case. Building the case Prior to filing your lawsuit you should have asked the collection agency to stop whatever it was they were doing. For example if you told them to stop calling you and they refuse then you need to follow up with a letter to the collection agency certified mail- return receipt requested putting your demand in writing. Then if the agency refuses to stop you have proof that a letter was sent and received by them and yet they continued. Just claiming you told them by phone doesn't preserve your rights. If you have witnesses to the harassment then take notarized statements from them to back up your case. If you sent them a validation of debt request certified mail but they never responded then you have the certified receipt with the person's signature to prove you asked. These paper trails can be the difference between winning and losing so document everything. No matter how many letters, faxes, emails or phone calls you made, take time to include copies of your phone bills, emails or fax confirmations so that you can quickly show the judge the agency's neglect.

Why is divorce a civil case?

It is between two people. The state or government is not a party to the lawsuit. The family court will resolve the issues between them.

Who are the two parties in a civil case?

The plaintiff (the accuser) and the defendant (the one accused). It is not uncommon for the state or even the country to be the plaintiff. As example, if you are busted with a controlled substance by the police, the state becomes the plantiff. If you have been assaulted by your boyfriend, you become the plaintiff, unless you care enough about him to not press charges. In this case, the state will step in and make the charge of assault for you, whether or not you agree with it. The plaintiff (the accuser) and the defendant (the one accused). It is not uncommon for the state or even the country to be the plaintiff. As example, if you are busted with a controlled substance by the police, the state becomes the plantiff. If you have been assaulted by your boyfriend, you become the plaintiff, unless you care enough about him to not press charges. In this case, the state will step in and make the charge of assault for you, whether or not you agree with it.

Does a defendant win a domestic case if the victim doesn't show for court?

It depends on the situation. I had this exact same situation occur to me, but I was the defendant and I wanted to fight the charge. I opted to go to trial, and from that point I had 30 days to receive my quick and speedy trial (CA). When I was 10 days away from my trial date, I had to go into court, and the (so called) victim was supposed to be there as well, but she wasn't. Long story short, during the last 10 days leading up to my trial date, I had to return to court nearly every day to see if the District Atty found and got her to to come in, and if not, to see if he wanted to dismiss or keep "trailing" until the day prior to trial. On the day prior to the trial date, the District Atty announced to the judge that he was unable to proceed because he couldn't locate the victim. In my case, I had evidence that would have helped me, and without his star witness, the D.A. had no chance of winning.

I'm not a legal guru, but I'd say if there is enough evidence (medical records, other witnesses, etc...), the District Atty will go after you, even if he doesn't have the victim.

Can you go to jail for not paying a civil suit?

As a general rule, no, it is not. Generally speaking, no tort case, that an individual brings against another individual, can result in the loss of liberty - however, if an individual is in violation of a court order arising out of that civil case, it is possible the individual could be jailed for civil contempt for failure to obey the COURT'S order.

What is the process for bringing civil cases to trial?

1. Crime

2. Arrest

3. Initial Appearance

4. Bail

5. Preliminary hearing

6. Charge decision

7. Grand jury

8. Arraignment

9. Evidence and motions

10. Plea negotiations

11. Trial

12. Sentencing

13. Appeals

Who is the respondent in a civil case?

The term "respondant" usually refers to a person in a civil court trial against whom the legal action is initiated. In a criminal case, a 'respondant' would be referred to as the 'defendant.'

If somebody takes a picture of your child without your permission is it illegal?

The context of this question needs more clarification, but generally speaking there's no law against taking a photo of someone in public, with or without their consent. If that photo shows something illegal going on, there's also generally no law against using that photo as evidence. The original answer remains above, however you are actually asking 2 separate questions. "Is it illegal to photograph someone else's child" and "telling them you are going to use it against them". I cannot answer the second part as it implies a threat, however the first question I can answer in that it legal to photograph anyone in a public space. You do not need permission verbally or in writing if the image is for editorial use or provides no income, malice, or inferred representation. As the original answer correctly states the context may be relevant. If the photo were published in a news context (editorial, printed, online or otherwise in a journalistic context) no permission is required. If the use of the image may provide income to you or anyone else you need a model release from the subject or in the case of children from their legal guardian. If the image is used for malice the subject represented by legal guardians again may have the option to sue for malice, in short meaning ill intent which may address your second question. If the image is used in a way that infers representation such as in the example of a photo of a child celebrity photographed with a soft drink and then the photo is used as promoting that endorsement of that celebrity that would fall back to the income application. If the photo has a sexual context it may violate child pornography laws depending on the context, use and state, even if the child is not nude. If the photo is taken in a non-public place you may be subject to invasion of privacy or trespassing. If the photo is taken serendipitously it may also be subject to invasion of privacy if the subject had an expectation of privacy. I provide this answer as a commercial photographer sometimes dealing with these issues. Your question may require the advise of an attorney if the context suggest you may be subject to litigation or in violation of laws and statutes. I am not an attorney and offer this reply for educational purposes only.

Where do you file a response to a civil suit?

The defendant's answer to a civil summons for a lawsuit is sent to the issuing court and a copy to the plaintiff or the plaintiff's legal counsel. Addresses can be found on the summons itself.

What is a motion to compel in a custody case?

A Motion to Compel is filed by a party seeking information from another party or non-party to a pending lawsuit. The motion essentially asks a judge to require the other party to provide information or documents to the party who filed the motion.

What are two famous trials in history?

the Nuremberg trials

or alternatively the Nuremberg trials took place after the Holocaust.

There were no famous trials that took place as part of the Holocaust. There were many trials of German servicemen during the Holocaust and there were many famous trials during the time period of the Holocaust, for example the conspirators of the July bomb plot.

What is a civil suit?

A civil case is one involving noncriminal matter such as a contract or a claim of patent infringement.

What happen if a civil case is dismissed?

It means that it is gone, for now. It could be refiled and restarted, but when it is dismissed the judge sees a problem or that the evidence isn't there for the case. So, until more evidence is produced or something else is introduced into the case it is closed.

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