Civil Process

The rules of conduct for lawsuits and how cases progress through the legal system.

2,408 Questions
Court Procedure
Civil Process

What does dismissal of the Lis Pendens means?

A lis pendens is a written notice that a lawsuit has been filed involving the title to real estate, property or some interest in that real property. It is a notice to the defendant who owns the property and also to potential buyers or financiers.

A dismissal of this action would mean that it has been removed from the records and is no longer in effect.

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Civil Process
Court Procedure
Legal Documents

What is a nonsuit without prejudice?

This basically means that the case was withdrawn for some reason, but it can be refiled at a later date. Rather than the term non-suit, the word dismissal may be used.

An important factor to consider regarding refiling the case is that it must be done within the applicable statute of limitations period. These are prescribed by statute which vary by state and vary according to the nature of the cause of action.

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Debt and Bankruptcy
Civil Process
Court Procedure

What does it mean dismissed as without merit?

It usually means that the charges that were made, or the charge that was brought, is not substantiated/supported by the evidence presented.

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Business Law
Civil Process

How do you rectify a mistake in stamp paper?

When the person has done something hideous and yet was threatening the party towards which the crime has been committed then you rectify it in stamp paper.

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Debt and Bankruptcy
Foreclosure
Civil Process

How long will a foreclosure take after lis pendens?

The lis pendens is usually filed at the beginning of the foreclosure lawsuit. If you don't answer the foreclosure complaint, a default judgment will be entered against you, and foreclosure will take place in about 90 days. If you answer the lawsuit, the foreclosure can take a year or more to occur.

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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

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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 tort & not a case of clogging the system with situations that occur on a daily basis to humans.

Yes but it would be a difficult case, you would have to build a lawsuit that established that it was in fact one of the employees hair follicles in your food, rather than your own. The hair in question must be proven to have come from Sonic and nowhere else. This could be done through means of DNA testing for example. You also have to take into consideration the damages you seek to receive, one wouldn't want to incur all the costs of filing a lawsuit and taking it to court to receive an award that amounts to the cost of the food that the hair was in.

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Civil Lawsuits
Civil Process
The Difference Between

How are libel and slander the same?

Both relate to the communication of false information about a third party when the information is known, or should be known, to be false.

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Home & Garden
Civil Process

What do you do when your neighbors have a very bright security light that shines in your windows and backyard?

Try talking to the property owner and if this doesn't yield immediate results check your city ordinances to see if light trespass is covered. You will find most city ordinances explicitly prohibit light trespass onto adjoining properties.

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Civil Process
Court Procedure

Can a plaintiff refile a dismissed small claims case?

Only if the acting judge dismisses "without Prejudice" You can usually refile

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Civil Lawsuits
Civil Process

How do I file a civil lawsuit in TN?

You can contact the state court at the link provided below. You should make your inquiry there.

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Civil Process
Calculators

What is a Personal Injury Calculator?

A personal injury calculator could be as simple as a net proceeds calculator. You enter the amount of the gross settlement, the percentage being charged by the attorney in fees, and the amounts of the costs and unpaid medical bills or other lienholders, and the sheet would do the rest.

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Civil Lawsuits
Civil Process
Civil Cases

How do you answer a civil summons for a lawsuit?

If you are going to answer the complaint (rather than, for example, file a motion to dismiss or other pre-answer motion), you generally will want to respond to each numbered allegation of the complaint (the allegations usually appear in separately numbered paragraphs). The responses are generally "admit" or "deny" in nature, although it is usually permissible to "deny for lack of knowledge" if the circumstances dictate.

Once the admissions/denials have been made, one often assets any applicable "affirmative defenses", again, in separately numbered paragraphs. Some may include:

The plaintiff/complainant fails to state a claim against the defendant upon which relief may be granted. (Meaning the debt is not valid or at least the plaintiff has not plead it clearly).

If the defendant is indebted to the plaintiff he/she is also indebted to ....(Meaning there are other parties involved which were not named as plaintiffs).

The right of action set forth in the complaint did not accrue within the time set forth by the laws of the defendant's state. (The state's SOL for the action has expired).

It is best for the defendant who is representing themselves to respond with their own wording, as judges tend to be more lenient in Pro Se cases.

There may be other applicable affirmative defenses, but these are dictated by the basis of the cause of action being asserted by the Plaintiff. An affirmative defense is, by nature, a legal or factual "avoidance" of the claim, and to that extent differs from a mere denial of the allegation.

It is critical that the answer get filed with the Clerk within the time allowed by law (usually specified on the Summons), and that a copy get mailed or delivered to the Plaintiff or his/her/its attorney. The failure to get an answer filed when required may result in the entry of a default, such that you will be considered to have admitted the material factual allegations of the complaint.

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Civil Process
Court Procedure

What is dismissed without prejudice?

In short it means that the case was dismissed inconclusively. There may have been missing evidence or procedural requirements not met, and therefore the case could potentially be brought before the court again by the parties involved.

It is an order issued by a judge actually dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, in the case itself. Dismissal WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.

It is usually a term used in the context of case being dismissed. The significance of it is that the Plaintiff/Prosecution retains the right to re-file the lawsuit a second time.

A case can be dismissed without prejudice by the judge (such as, if he or she grants a motion to dismiss filed by the defendant--but in such a case, the plaintiff/prosecution usually will be given the right amend the complaint (restate the allegations of the lawsuit), or it can be voluntarily dismissed altogether by the plaintiff/prosecutor. In many jurisdictions, a second voluntary dismissal by a plaintiff will preclude any subsequent refiling of the cause of action, but that is governed by local law.

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Law & Legal Issues
Civil Process
Civil Cases
Court Procedure

What is a Motion to Compel?

If you are involved in a lawsuit the opposing side is allowed to receive certain documents from you as part of the discovery process. The documents were probably already asked for in a Request for Production. A motion to compel is a motion to the court, which if granted will force you to produce the documents to the opposing counsel, which were asked for in the Request for Production.

AnswerA motion to compel may also apply to other forms of discovery, such as a motion to compel responses to interrogatories (written questions), a motion to compel attendance at a deposition, etc.

With regard to documents, state discovery laws may require the opponent receiving a document request to provide a "response" to your request for the production of documents. This "response" is to be distinguished from the actual production of the documents. You may have to bring a motion to compel a response if your request receives no response. If you receive some response but think it evasive, you might bring a motion to compel a further response. If you get a response, but the party refuses to produce documents it should produce in accordance with the response, your motion to compel is a motion to compel production.

If the court grants the motion to compel, and the party to whom/which the order is directed remains evasive or non-compliant, the other party may file a second motion to compel or a motion for sanctions. Depending upon the degree of noncompliance (or perhaps the attitude of the non-movant or the judge), the court has the power, within reason, to impose one or more categories of sanctions. These can range from yet another order compelling compliance (usually requiring compliance within a shorter time than the first order allowed), to attorney's fees, to deeming, for evidentiary purposes, that the material that would have been produced or stated in answers to interrogatories, was prejudicial to the non-compliant party. There is a great deal of discretion that is usually allowed the trial court judge in determining sanctions, but the sanctions must be commensurate to the violation.

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Insurance
Auto Insurance Claims
Business Law
Civil Process

What is a PPGA insurance contract?

Personal Producing General Agent contract

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Credit and Debit Cards
Civil Lawsuits
Civil Process

How do you answer a civil summons?

Strictly speaking, it is not the summons that gets answered, but the complaint (or "petition" as it is sometimes called) that gets answered. The summons is a document that directs service (delivery) upon the defendant and specifies that an answer is due and when.

In general, the complaint is required to set forth a short and plain statement of the facts and the relief requested. It is generally laid out in numbered paragraphs, thereby making it fairly easy to follow.

The best way to answer the complaint is by following its format and specifically admitting or denying the allegations of each paragraph. If there is a mixture within one paragraph of facts that you wish to admit and those that you wish to deny, you can either deny all of the allegations of the paragraph (because not all of it is true), or separate out the true from the false and specifically admit what you wish to admit and deny what you wish to deny.

As an alternative, you can file a "general denial", which is a denial of all allegations. It may be intellectually dishonest to do so if some of the allegations are, in fact, correct. By doing this, you are requiring the Plaintiff to provide all allegations of the complaint (even those pertaining to your status as a person/entity subject to suit). Doing this may incur the wrath of the court (because doubtless there are some allegations that are actually true), or get off on the wrong foot with the Plaintiff or its attorney, so proceed with caution.

The answer should also contain any affirmative defenses that you may have to the cause(s) of action alleged in the complaint. An affirmative defense may be thought of as an avoidance of the cause of action, rather than an outright denial of the facts. For example, if the lawsuit were predicated upon an auto collision, an affirmative defense may be comparative or contributory negligence (depending upon the jurisdiction) on the part of the Plaintiff.

When the complaint is answered, you should, and sometimes must, assert any counterclaim that you have. A "compulsory counterclaim" is a claim back against the Plaintiff that arises from the same transaction or occurrence as the Plaintiff's claim against you. Generally, this must be asserted with the answer or else it is waived. A "permissive counterclaim" is one against the Plaintiff that arises from a separate set of circumstances. It may be asserted as a counterclaim, or brought as a separate suit before the expiration of the statute of limitations for it.

The original answer has to be filed with the Clerk of the court in which the case is pending, with a copy mailed to the Plaintiff or to his/her/its attorney.

All states have rules of civil procedure which dictate the precise procedures that must be followed, and you are therefore cautioned to consult applicable rules and/or to get legal advice. Nothing in this answer is intended to, nor may it be construed as legal advice.

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Civil Lawsuits
Civil Process

Should you try to sue a narcissist for slander?

Personally I do not think NPD is a factor in your friend's question. If your friend has been, and is being slandered in a way he can prove, and this is causing him actual damage that he can demonstrate your friend should consider suing. If he cannot prove it he must, sadly, refrain, because to sue and lose would make things worse. In my experience, a court order for damages, to exceed four figures, can focus even the most obtuse of minds wonderfully on the advantages of respect for one's fellow man. The only realistic risk is that in suing he will promote and perpetuate slander that would otherwise be regarded as negligable. Slander vs. Libel - you can sue for either, the question is what is the damage done, can you prove both the action and the damage, and is the dollar amount worth suing for. Slander is verbal - libel is written. Narcissists are consummate and pathological liars. It is, therefore, very difficult to expose their lies as such. Engaging with a narcissist in any way, where you hope to "gain" something, is a futile endeavour. He will always sink to depths lower than your reasonable self could muster. You will only cause yourself more anguish. The N has no boundaries, so even if you spew the vilest venom, his will be worse. When you (understandably) feel vengeful, remember there is no punishment you can inflict which is worse than the hell he puts himself through everyday. He will dig his own grave and you should just let him do it while you remain at a safe distance. I agree with the answer above. Unless your lawyer can determine an actual financial reward and good probability of success, it's absolutely not worth it. Getting involved with a narcissist for any reason often leads to more troubles. People with NPD are 6-years-old at heart, and when attacked, they will act like one: irresponsible, and will give you more headaches. By the way, if you do win the case, he/she will most likely plot a sadistic revenge on you.

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Civil Process

Are brass knuckles illegal in Georgia?

Always check with an attorney, or get a letter from the state Attorney General to be safest, regarding weapon laws.

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Law & Legal Issues
Credit and Debit Cards
Civil Process

What is an alias summons?

A summons issued when original has not produced its effect because defective in form or manner of service, and when issued, supersedes the original summons.

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Civil Lawsuits
Civil Process
Consumer Liability
McDonald's

Can you file a lawsuit if you get a hair in your fries at McDonald's?

If it would be likely the hair was accidentally included in your order of fries, then it is not likely you may prove malicious intent to harm you. And I must agree that it is the cost of frivilous litigation that pushes costs up for products we all enjoy when their makers are forced to defend themselves against what the court more and more frequently deems "frivolous lawsuits", on which most reasonable judges frown harshly at best and vehemently oppose at worst. My Mom and Dad always told me, "That's more protein for free!" If in fact you ingest an impurity that does not kill you, it typically makes you stronger by strengthening your auto-immune system. We are indeed a nation of opportunists.

Yes. You could sue for emotional distress! You will need to show a physical component, though, such as an ulcer.

Sorry to say, but I work at a McDonalds and I would find that pretty stupid for someone to want to sue over. Just call the main office and complain, the will fix the problem and you will probably be owed free food or a refund for something or what not.

You could get a life and stop tying up the courts and tax payers money at the same time raising the cost of products over stupid litigation.

You could sue, but for what purpose? How have you been injured? By the way, fast food companies have test labs that allow them to tell if someone planted the foreign object. Proceed at your own risk.

I have a better idea...just go to the counter and tell them you got a hair in your fries. They will replace them on the spot.

Hey, Retards..... the question wasnt

*is it morally wrong and potentially detrimental to food costs of mcdonalds if i sue them for a hair in my fry?*

it was

*Can you file a lawsuit if you get a hair in your fries at McDonalds?*

stop wasting peoples time with answers that are off topic and are matter of opinion.

The is Yes.

how did i come to this conclusion? (fact) mcdonalds was sued for someone being burned with coffee that was too hot. (fact) unclean hair can carry bacteria therefore potentially harmful.

For more information contact a lawyer to discuss the proper route to take concerning what exactly you want and wether it is obtainable.

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US Civil War
Civil Lawsuits
Civil Process

He filed a lawsuit for his freedom?

Dred Scott.

Tragically, he lost.

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Civil Lawsuits
Civil Process

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

Actually Casinos are self insured so the best you can do is file a claim with that particular Nation. No. You cannot sue for something like that unless you can show personal injury or actual damage. Hi ! See here

http://bspioix.my-place.us/images Technically, you canfile a lawsuit for almost any reason you can imagine. There is no gate keeper at the courthouse to review the merits of each individual suit. Of course, that does not mean that the lawsuit will be successful or even survive a few months. Whether one can file a lawsuit against a casino does not depend on whether the casino is self-insured or has a liability insurance policy. Those factors merely will impact the casino's ability to pay a judgment or reach a settlement. To succeed on a claim of finding a hair in casino food, you will have to prove the casino's negligence and, more difficult in this case, that you were damaged or physically injured by the hair. This seems almost certain to fail.

Filing weak or bogus lawsuits may present the risk of sanctions either from the court or an imposition of legal costs and attorney's fees from the winning party. Each state has different laws. Check with an attorney licensed to practice law in your state adn do not rely exclusvely on my opinion.

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Civil Lawsuits
Civil Process
Torts

Can you file a lawsuit against someone for inducing schizophrenia?

You have to understand what exactly schizophrenia is. Not even experts all agree on the exact causes of the mental illness. It is known to be hereditary (a person with a relative suffering from the disease is ten times more likely to get it than a person with no relatives having schizophrenia). Some of the main theories are that it's caused by a viral infection, a chemical imbalance in the brain, or environmental factors. Mostly these problems occured during pregnancy but the individual didn't develop the disease until young adulthood. Although emotional trauma used to be thought of as a cause-it's dismissed by most experts now. I'm not exactly sure how you could prove that someone caused schizophrenia.

A lawsuit can be filed for almost any reason, whether it will be judged valid at the time of the hearing is another matter. There would have to be considerable substantiating evidence for pursuing legal action based on such a serious charge. Assuming it would be a medical malpractice suit other medical personnel qualified to assess such an action would be needed as expert witnesses. An attorney that specializes in medical malpractice suits, usually accepts cases that have merit on a contingency basis. The first step would be to contact an attorney of this nature and schedule a consultation relating to the viability of the claim. Not sure if the first answer's assumptions are correct. I think it's more likely to be related to a traumatic event. If you can go into court and show by preponderance of the evidence that someone caused a traumatic event that caused schizophrenia to develop you can win the lawsuit. The other side is likely to point out that schizophrenia has a strong genetic component, but it's believed there are environmental factors as well so if you genetically predisposed you might never get it unless you face emotional trauma.

You can file, but you won't win, almost guaranteed. Schizophrenia is a medical illness that some people are genetically disposed to or just have defects in their limbic system and frontal cortex in dopaminergic pathways. You would have a hard time proving this.

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Civil Process

What do you call a person who serves papers for civil court?

They get called a lot of things (particularly by the people they serve papers on), but I think the official title is "process server."

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