Civil Process

How old was the minor who committed the battery? Generally, you could sue the minor and his/her parents. This probably varies by state and there are numerous other questions to ask before a suit could be contemplated - although you will certainly have some recourse. Please feel free to contact me on my message board to discuss further.

-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.

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.

The type of dismissal HAS to be specified. If it wasn't - ask. It can make a BIG difference.

The 7th admendment is the trail by jury in civil case 1 freedoms 2right to bear arms 3lodging of troops 4search and seizure 5rights of the accused 6right to speedy trail by jury 7)trail by jury in civil case and so on.... Right to jury in civil case means that you have the right to go to court if there is a civil case

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.

It is a notice that the complaint has been dismissed at the request of the plaintiff, and the notice of lis pendens, which is a notice filed in the place where deeds are recorded showing that the property may be seized to pay the debt, is also null and void. If the plaintiff has not recorded the order of dismissal, the owner of the property should file it where the deed and lis pendens was recorded.

as much as they like i think

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.

The defendant's written response to a plaintiff's complaint is called an Answer.

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.

wat do u mean???????????????dare r lots of cma.... which one??????????

Example: You are given the option of three ways of doing something, A, B, or C. If the task is not otherwise disposed of by utilizing option A, or option, B, then it SHALL be disposed of by using option C.

The 7th Amendment was added to the Constitution because citizens were concerned about the right for a trial by jury. The 7th Amendment guaranteed the right for civil law trials by jury that exceed the cost of $20. It also guaranteed the right to an appeal to federal courts.

'Dismissal WITHOUT prejudice' means that the identical charge can be brought against you again. 'Without further cause' means that no other reason and no further explanation is offered.

BITING of course

It means that the motion (and whatever reaction was requested by the motion) has been submitted to the court for consideration.

The thing is, every apartment, house or living quarters has a limit as to how many people are legally allowed to reside there. So, when you put an apartment up for rent, as a landlord, you are supposed to know beforehand what that number is. So, if the apartment is a two bedroom apartment and there are two parents with two children of the same sex, that would be within the law, therefore one price without modification for the two children. If they are trying to charge for the children, I would question it as if you are within the number of people allowed for that unit, one price should do it and not extra for kids within that number. BUT, unless there is a law saying you CANNOT CHARGE EXTRA FOR KIDS, which I dont think there is such a thing, the landlord can pretty much charge what he wants. It is possible that he is charging additional because kids traditionally make more damages of property, simply because they are kids, rather than four adults.

You need to have a reason, bring a lawsuit and win. If you are successful in court you need to request a judgment lien and the court will advise you how it can be recorded in the land records against the property owner.

An order issued by a court when a creditor has won a case against a debtor. It can be used to attach property so that it cannot be sold or mortgaged until the debt is paid. It can be converted to an execution by the court so that a sheriff can seize any property to satisfy the debt.

Ordinarily you can include them. You can also be certain the attorney will not be happy nor cooperative. The nature of the litigation that was handled would depend on the elgibility of discharge. Bankruptcy is more of a muddy swamp then a clear lake, when it comes to what is allowable.