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Civil Lawsuits

Civil lawsuits stem from actions that violate the personal and constitutional rights of a person and may include issues involving personal injury, family disputes, and negligence resulting to loss or damage to property.

Asked in Deeds and Ownership, Civil Lawsuits, Legal Documents

What is the difference between conveyance deed and sale deed?

A deed is the legal instrument used to transfer the ownership of real property. Those are simply two different ways of expressing a deed that conveys any interest owned by the grantor. ...
Asked in Cars & Vehicles, Auto Loans and Financing, Repossession, Civil Lawsuits

Can you still owe money after your car is repossessed?

Yes, your car will be sold and if the price they sell it for is less than the balance left on the loan, plus the repossession fees, you will be responsible for that difference and will have to pay it. ...
Asked in Divorce and Marriage Law, Civil Lawsuits

Can you sue someone for breach of promise?

Mr. Kluss' answer is completely correct, but let me add this. There do exist verbal contracts in other contexts (as well as, of course, written ones). One of the main differences, is that they are harder to prove because the parties may testify to differing terms of them. But like a written contract, a verbal one can only exist if there is an offer, an acceptance that mirrors the offer, and consideration. Consideration is something of value that binds the parties. Consideration...
Asked in Civil Lawsuits, London

What is a cross complainant on a summons?

cross-complaint n. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or...
Asked in Law & Legal Issues, Civil Lawsuits, Email and IM, Subpoenas

Can you serve a subpoena by email?

State law dictates the manner of service that is required in the jurisdiction. Therefor, there is no unequivocal answer to this question. You need to refer to the law of the prevailing jurisdiction. ...
Asked in Civil Lawsuits, Probate

What is a probate lawsuit?

It would be a lawsuit regarding a conflict arising from the probating of an estate. ...
Asked in Civil Lawsuits

How hard is it to sue a doctor for malpractice?

Mr. Kluss is correct. From a legal standpoint, the main reason that it is difficult is the need to prove that BUT FOR the action or inaction of the doctor, the plaintiff would not have been harmed. In the language of the law, the doctor's action or inaction has to have been the "proximate cause" of the injury. The harm need not be death--it could be some sort of other negative medical outcome. As in other negligence cases, it must be shown...
Asked in Civil Lawsuits, Business Law, State Laws

Do both parties sign a prenup?

Usually, yes. But if you are good enough, you can convince her/him to sign it then you don't need to sign it. Another view: While in theory, the foregoing may be true, it may make later enforceability harder. That is, the fact that you did not sign it but your spouse did may make it appear that you exerted undue influence upon him/her. ...
Asked in Civil Lawsuits, Federal Laws, Court Procedure

What is the system for citing judicial opinions?

The authoritative reference guide for citations is called the Bluebook, which should be consulted. ...
Asked in Law & Legal Issues, Civil Lawsuits

How do you challenge a law once it's passed?

Some countries especially those that follow the British have the concept of "separation of powers". First Parliament may decide to make a law about something, secondly the law is drafted and thirdly it is tested in the Courts and Judges rule on what they think was meant by the law. However the Judges include "case law" or history of previous cases to help them with their interpretation of the new law. So one way to challenge a new law is to find...
Asked in Law & Legal Issues, Civil Lawsuits

Can you sue someone for sweat equity?

No. You do not sue for what you've spent or what you'd like returned. If you entered into a contract with someone where your portion of the bargain was physical labor, and the other person refused to perform their obligations under the contract, you may sue them for breach of contract and ask to be paid for your labor. ...
Asked in Civil Lawsuits, Criminal Law, Torts, Batteries

How do you sue for assault and battery?

There are two concepts here: the Criminal offense of "Assault and Battery", and the Civil tort of "Damages from Assault" (the latter may have a different name in your jurisdiction). The Criminal offense case is determined by the local district attorney (after an investigation by the police), and is a criminal case of the State vs the defendant (who committed the A&B). You, the victim, are evidence in the State's case. The outcome of a conviction here is that the perpetrator of...
Asked in Bankruptcy Law, Civil Lawsuits

Can you include alimony in Chapter 7 bankruptcy?

Alimony and child support is considered to be non-dischargeable.
Asked in Civil Lawsuits, Debt Collection

How do you find out who is garnishing your check?

It shouldn't be any secret! Your HR department should be able to tell you who is garnishing your wages, they will have a court order on file. And chances are you have already received notice of the law suit and the rest of the process that was used to get the court order. ...
Asked in Homeowner's Insurance, Workers Compensation, Civil Lawsuits, Torts

Can you sue a school for accidental injury?

In general, yes. However, as in any such suit, it is the Plaintiff's burden to prove the following elements: (1) the existence of a duty; (2) breach of that duty; (3) proximate causation (but for the breach, an injury would not have occurred); (4) compensable injuries. Usually, such an action would be for negligence. The concept of negligence is embodied in items 1-3 above and, strictly speaking, is at odds with the concept of a legal "accident". This is because a true legal...
Asked in Loans, Student Loans and Financial Aid, Civil Lawsuits, Liens

Can a lien be placed on your home due to defaulted student loans?

The lender would need to sue you and win a judgment in its favor. It could then request a judgment lien that could be recorded in the land records. Once it has been recorded against you and your property, you cannot sell or refinance your property until the lien is paid. The lender would need to sue you and win a judgment in its favor. It could then request a judgment lien that could be recorded in the land records. Once it...
Asked in Medication and Drugs, Civil Lawsuits, Antibiotics

Is there a class action lawsuit for Avelox?

There are individual lawsuits alleging personal injuries for side-effects from Avelox. I do not see an Avelox class action (yet). I suggest you contact a plaintiff class action attorney for further advice and information. Good luck. ...
Asked in Civil Lawsuits, Civil Process, Torts, France

How do you file an international lawsuit in France?

Send a chicken via airmail inside a pineapple to the french embassy in venesuala ...
Asked in Civil Lawsuits, Civil Process, Torts

Can you file a lawsuit if you find hair in your food at sonic?

Technically, yes, you could - but, the first thing any good attorney will ask is, "what are your damages?". That doesn't mean "I was emotionally scarred by finding hair in my food." Did you become ill enough to incur medical expenses, lose time at work, things like that. Humans have hair all over their bodies & no matter how clean a restaurant, these things can still happen. I can't imagine a court or judge that would appreciate this claim as a true...
Asked in Definitions, Law & Legal Issues, Civil Lawsuits, Criminal Law

How do you know how much restitution is owed to you?

If restitution is owed to you due to a court decision the amount you are entitled to should be stated in the findings of the court. Check the court case file in the Clerk of Court's office. ...
Asked in Civil Lawsuits, Hospitals

Can you sue the hospital for HIPAA voliation?

This is a complicated matter but if your medical information was released without your permission or was released by accident to anyone, then the hospital is liable. The extend of harm caused by such release and your ability to pursue this matter in the court system will be severely tough. You will need proof of accidental release such as a disclosure from the hospital that such an incident happened. ...
Asked in Law & Legal Issues, Civil Lawsuits

False Allegations-How do you defend against false allegations of abuse?

A WARNING If you did abuse your child, stay away, hire a good criminal defense attorney, and get psychological help. Your child needs a parent, but not enough to have to tolerate abuse. A child's rights to be free from harm, always takes precedence over any parent's rights. Defending Against False Accusations of Abuse (Ed.- Falsely accusing your former spouse of child abuse is a common tactic in the Family Court System. Don't be surprised if your ex throws this one at you. Given...
Asked in Credit and Debit Cards, Debt Collection, Civil Lawsuits

Can a collection agency sue you?

If a collection agency has either purchased the debt from the original creditor, or obtained an assignment of it from the original creditor (to collect on its behalf), generally, it can sue for collection. ...
Asked in Civil Lawsuits

Difference between injuria sine damno and damnum sine injuria?

Injuria sine damno means violation of a legal right without causing any harm. Damun sine injuria is the injury/ damage too small to be remedied practically at law. In such case the nominal damages/ symbolic damages can be claimed. ...
Asked in Civil Lawsuits, Criminal Law, Torts

Is petty larceny a tort law?

No. A tort is a CIVIL wrong - not a criminal offense. PETIT LARCENY (Petty Larceny) is the statutory legal description of a criminal offense, and that would be the formal charge in a criminal law case. However in a civil case for monetary damages it might be addressed, or described somewhat differently (e.g.: wrongful conversion - taking property without right - etc) ...