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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 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.

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

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Yes, here in California it is possible to sue a judge if they do not follow the law, and you are denied due process.

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.

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.