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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.

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What does lawsuit of negligence claim?

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Asked by Wiki User

A lawsuit of negligence claims that the defendant breached their duty of care towards the plaintiff, resulting in harm or injury to the plaintiff. The plaintiff must prove that the defendant owed them a duty of care, failed to meet that duty, and that this failure caused their injury or harm. Negligence claims are common in personal injury cases, medical malpractice, and various other situations where someone's carelessness or disregard for safety leads to harm.

How much does a criminal defense lawer make an hour?

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Asked by Wiki User

I once acquired a defense attorney. He got a $5000.00 retainer which covered everything but a jury trial. If the case would have gone to trial it would have been an additional $1000.00 per trial day. So per hour could be variable.

Can a council member sue a citizen for slander?

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Asked by Wiki User

can a council member sue a citizn for defamamtion of charcter (Slander)

What is the statute of limitations for filing a medical malpractice suit in Ohio?

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Asked by Wiki User

The statute of limitations for medical malpractice in Ohio is one year with the discovery rule.

How much does a lawyer get paid each year?

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Asked by Wiki User

It depends on the type of lawyer, who they work for, and where they are located. Government lawyers can make as little as 40,000 a year. Private practice attorneys can do really well if they have a good reputation, and a good practice.

In the long run, money is not a good reason to decide to be a lawyer. Most of us do not make the money necessary to justify the cost of the education.

If you sue a landlord in small claims court to get some more deposit back can the landlord sue you for additional items?

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Asked by Wiki User

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Yes, of course. The landlord's claim for damages under the deposit is an administrative claim not a judicial claim. If you force a judicial claim by suing the landlord, they are certainly within their rights to counterclaim for everything bad you have ever done to them.

Some of the answers below refer to whether they MUST counterclaim and some of the process for going to small claims court.

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The short answer is "Yes". Anyone can sue for anything but it doesn't mean they will win. Although the rules of court governing small claims matter vary by State, and are generally more relaxed than in larger civil matters, there are certain common threads that run through most of them.

The concept of a "compulsory counterclaim" means one that arises from the same transaction or occurrence as the main claim. Typically, counterclaims of this type must be brought by the defendant within the context of the main claim (that is, within the same suit) or they will be waived. The reason usually given is that of judicial economy so that all claims arising between the parties for the same matter can be adjudicated together.

The concept of a "permissive counterclaim" means one that arises between the same parties to the underlying suit, but it can stem from a different circumstance or occurrence. As such, it does not have to be asserted as a counterclaim and can be maintained as a separate suit. Keep in mind, though, that it has to be brought within the applicable Statute of Limitations, or it will be time-barred

The applicable rules of court are generally available at the county courthouse, and frequently online. Basic forms of pleading are often furnished as well.

Can you sue your landlord if your child got sick from mold?

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Asked by Wiki User

If your job is filled with mold and your employer refuses to take care of it, you need to contact OSHA. If you end up getting sick because of it, you could possibly have a lawsuit against them.

Why is Lady Gaga being sued for 30 million dollars?

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Asked by Mightywatermelon

She is being sued by her former boyfriend and Manager, for several reasons.

The suit filed in a New York Superior Court on 3/17/10, alleges that her former Manager (and boyfriend) discovered and mentored Lady Gaga to her break-out fame. His suit also alleges that he's responsible for the monkier, "Lady Gaga". The suit goes further and alleges the two co-wrote Paprazzi and Beautiful, Dirty, Rich, all of which appeared on her debut album, The Fame.

Robert Fusari, the Plaintiff, admits to having received approximately $611,000 but is claiming that is not his rightful share from their original agreement. He is currently is seeking 20 percent of the mega-star's income as stated in their original contract.

Also, the amount for which Lady Gaga is being sued is $30.5 million as reported by some sources, other sources report the amount to be $35 million.

How do you respond or answer to a petition for grandparent visitation?

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Asked by Wiki User

You will typically go into mediation and try to come to an agreement. if an agreement cannot be reached it is brought before a judge. If both parties still refuse to come to some kind of agreement it will go to pre-trial.

The Civil Rights Act of 1964 prohibited discrimination in employment on the basis of?

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Asked by Wiki User

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in employment on the basis of sex, as well as race, color, national origin, and religion.

Is a landlord responsible for my damaged personal property due to bad ground wiring after being advised of two blown TV's then losing two more before action taken?

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Asked by Wiki User

There are many jurisdictions that have varying degrees of liability so any answer will be general and must not be taken to be an accurate answer.

Usually, a landlord has a duty of care to provide safe and reliable electrical wiring in a house. If he fails in this duty, there may well be a liability to make good damage to a renter's equipment. It is usually up to the renter to prove that a faulty installation was the cause of damage and also, that the landlord could be expected to know the installation is faulty.

However, the landlord will not be responsible for property that has been damaged after the renter is aware that a problem exists. To persist in connecting televisions that are damaged due to mains wiring is careless and the landlord will not be responsible for the renter's carelessness.

A blown tv due to the electrical supply would not ordinarily be due to the ground. A loose connection in the hot or neutral contacts in the outlet would be more likely. But at any rate, I agree with the answer above, that after you know of a problem, any damage is on you since you shouldn't be using that outlet.

What to do if your boss is trying to get your fired?

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Asked by Wiki User

The easiest way to stop your boss from yelling at you to retire from your current job and find a new job that has a nicer boss. Let your boss know that you are quitting the job before retiring from that job. If you ever have a really mean boss, this means that your boss needs to know he or she is the only 1 who is making his or herself losing more and more workers and it'll make the company run very bad.

Why did Disney get a lawyer to sue the New York distributors?

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Asked by Wiki User

to save the copy right of mickey mouse

What are the four types of civil lawsuits?

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Asked by Wiki User

law suits involve property disputes,breach of contract,family matters (such as divorce). there can also be negligence,and personal injury. a negligence suit is filed when a person has been injured or killed or when a propety has been destroyed because someone else has been careless or negligent.

Can you sue a minor?

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Asked by Wiki User

No, you cannot sue a minor. You can sue the minor's parents though because they can be held responsible for the minor's actions.

Is it all right to sue a landlord?

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Asked by Wiki User

It would be pretty difficult to make stick. It is, after all, the landlord's property. And I'm sure the lease allows them access to inspect and repair and those sorts of things. But there is also likely to be some wording to the affect of 'reasonable access' and 'prior notice.' And if they were showing up in your bedroom at 2 in the morning, there might be something to it. Trespass is not likely the charge, but there are other torts that might fit the situation better.

Yes, absolutely! While the landlord may "own" the property, he does not "possess" the property while you are the tenant. Thus, entry upon your property without permission or valid excuse is (legally) trespass, and probably also a violation of the lease agreement (if you have one). In many cases you can obtain a rent abatement for every day on which you were denied the value of your property rights (not to mention restitution for any damages caused during the uninvited visit), and you may obtain an injunction to prevent further violations to your privacy.

What does the phrase cloak of legislative immunity refer to?

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Asked by Wiki User

Generally the "phrase clock of legislative immunity" refers to the security or immunity of civil lawsuits against a legislative body of government, when such matters occur during their official capacity of office.

Are children's assets protected if parent is sued?

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Asked by Wiki User

As a general rule no. Children are generally not responsible for a living parents debt. Though if you have a joint checking with that parent the money in the account whether yours or there's is subject to being seized as if it was all there's by creditors. Also if you have ever cosigned for a parent you would be subject to repayment of the debt if your parent defaults.

How do you sue a landlord in another state?

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Asked by Wiki User

You sue a landlord in which ever state you signed the lease and retained the property in. If the landlord resides in Toledo, Ohio and you rent a property and signed your lease in Monroe, Michigan, you sue in Monroe, Michigan.

However, if your lease specifies that any civil proceedings must take place in the landlords state of residency, you're bound by the contract to file suit in the landlords state of residency.

Can an employee be sued if the employer is liable under the doctrine of respondeat superior?

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Asked by Wiki User

Actually, the employee must be sued in order for the respondeat superior doctrine to apply. Respondeat superior doctrine only imposes liability on the principal for tortuous acts committed by the agent; the agent must therefore be found guilty of having committed the tort before any liability can be assigned to the principal. S.C., Paralegal Sciences Major, Kaplan University.

According to the passage what is the effect of committing murder?

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Asked by Wiki User

cause could be jail or death pentilty and a efffect is depression for family

Can a homeless person be sued?

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Asked by Wiki User

That is not true. I know someone who is homeless because he fell on hard times, he still has a steady income and his ex wants to take him to court to get money he owed, she even has a contract that he signed but she is wondering if it will matter that he doesnt have a current address? Would email be sufficient? What if they have their last address where they rarely pick up mail at? Some homeless people have storages with assets and money. Just f.y.i contributor.

Who wrote the seventh amendment?

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Asked by Wiki User

The 7th amendment was put in to guarantee the right to trial by jury in civil cases. Trial by jury in criminal cases is guaranteed under the 6th amendment. For more comprehensive explanation, seek out Findlaw on your search engine.

How comfortable are you being given the responsibility for making fairly high level decisions regarding plans for your company?

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Asked by Wiki User

First of all, you have nothing to do but to accept it. You also have to know the pros and cons on the decisions that you will make. Remember, that decision will lead to the success of your company and you will be part of that success once that decision will fall into right place.