Civil Cases

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.

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.

Judgement Entered

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

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.'

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.

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.

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.

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.

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

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.

depends on the context it is in.....if it is written, it is called libel, if it is spoken, it is called slander

Generally, a summary should be around one quarter the length of the original piece. So if the original piece is 4 pages long, your summary should be no more than 1 page. 7 Ask someone else to read your work.

The statute of limitations are time frames in which a court case can be filed. In civil court cases in the state of Tennessee, the statute of limitations varies from 1-10 years on civil cases.

If the claim is over $1500, the Defendant may request a jury trial. If such a request is filed, the parties will be notified when the case is transferred to the county Superior Court for trial by jury.

Habeas Corpus is a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment.

-Yes and no. It depends. Police officers have what is called qualified immunity which prevents them from being sued while doing their jobs. Police officers are human beings and are allowed to make reasonable mistakes based on the sometimes split-second decisions they are often required to make. As long as an officer is reasonable given the information they had, no matter how bad the ultimate outcome, they are protected from being sued.

Without such protections, no one would volunteer to be a police officer. The only time a police officer does not have immunity and can be sued is when a police officer does something illegal or something completely unreasonable by law enforcement reasonableness standards. -In which case, it would be likely that the officer would be fired from his job as well.

Before you can sue a police officer civilly, it must be determined whether or not the officer is granted immunity by a judge. If the officer is granted immunity, then the lawsuit is thrown out and no jury will be involved.

To give an extreme example of why police officers are afforded qualified immunity, imagine a police officer involved in a shoot out with a dangerous and armed person. In this scenario the police officer shoots to stop the armed and dangerous person but misses and the officer's bullet strikes and kills an innocent person in the distance. Without qualified immunity, that police officer who was acting in good faith and trying to stop a dangerous person would be civilly liable for the innocent person's death.

A tragic mishap. But the idea of condemning the officer civilly for such a mistake or misfortune while an officer was acting reasonable is why they are granted immunity from lawsuits.

To apply immunity to routine encounters with police officers, the answer to whether you can sue an officer is more than likely "no" unless the officer intentionally, recklessly or neglectfully violated a law.

There must be an offer, there must be acceptance of the offer, and there must be mutual agreement on the terms. Finally there must be consideration (usually money, but currency is not exclusive--any form of gratification that is legal will suffice).

Generally suing a foreign corporation is not very effective, because often they will not reply to a summons because they know that there is no way to collect even from a default judgment. In order to collect if you were to win the foreign corporation would need to have assets in the States from which you could collect from. If they do not then they are pretty much untouchable. If you want to sue just for showing your disatisfaction with an issue you can pursue the lawsuit in the same manner you would bring a lawsuit to a domestic corporation.

When any party to a lawsuit dies, the estate of the deceased party is substituted for the person. The estate executor or administrator then becomes the party in interest to handle the lawsuit. In most states, the executor/administrator will handle the lawsuit without having to consult with the ultimate beneficiaries before taking any action, such as settling. In practice though it is wise to get some feeling from the beneficiaries, since they might make some objections about a settlement and try to hold the executor/administrator liable for making a bad settlement. But once the ececutor/administrator does sign on the settlement, the beneficiaries cannot re-open the case just because they dislike the result.

Generally, the person seeking the suit must file in the county in the state in which the defendant is a permanent resident. Jurisdiction is determined by the specifics of the case; for example, if the suit is in regards to a vehicle accident where someone was injured, the suit can be filed in the county and state where the accident occurred.

The first thing you need to find out is if the judgment order is actually subject to an appeal. The plaintiff needs to prove that he or she has been "aggrieved" by the judgment action.

The process is complicated and even though every citizen has the right to handle his or her own legal affairs especially in civil actions; it is not recommended that anyone who does not have an extensive grasp of the law attempt to file a Notice of Appeal regarding a summary judgment. The best option would be to consult with a qualified attorney concerning the specifics of the case ruling in question.

A text message does not constitute a legally binding contract. Legally binding contracts explain in detail the responsibilities of both parties involved. They become formalized when both parties apply their signatures to it. An agreement entered into via text message is similar to a verbal contract. It may imply an agreement, but does not formalize one.

This is highly dependent upon where you live. In some jurisdictions, the local county court website will have a "search by name" feature, whereas others only allow you to search by case #. In any event, for a lawsuit to have any affect on your life, it generally needs to be served on you first (although watch out for service by publication - if you're hard to find). Where do you live?