Civil Process

The slave Dred Scott, who had been taken on to free soil, where his freedom would have been granted automatically, if he had applied for it.

But he tried to apply for it after he'd been taken back into slave country, and the local judges had never dealt with this problem. That's why it ended up in the Supreme Court.

== (1) In General. Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 20 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States. (B) A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.

Civil court usually has a higher jurisdictional limit (max you can sue for) and attorneys are allowed to represent parties. Civil cases may also have jury trials and other procedures more conducive to attorneys and not pro se (self-represented) litigants.

"Pro se" refers to the fact that the party is not represented by a lawyer--that he, she, or it is representing him/her/itself. Either a plaintiff or a defendant may be pro se, although in some types of matters and jurisdictions, an attorney will be required to represent a corporation.

Our local District Court Clerk told us yesterday to:

1) Type a heading almost exactly like the complaint (not the summons) you received, including case number, names, etc.

2) Answer, even with a simple yes or no, each numbered statement on the summons.

3) Make three copies, one for yourself, one for the court, and one for the Plaintiff.

4) Obtain a copy of "Certificate of Service," make three copies (as above), and fill out as if you were delivering or mailing the answer.

5) Deliver or mail the answer to the original Plaintiff, with delivery of service form filled out, probably a law firm in your area.

6) File the answer with the court, and ask if they give a receipt.

7) Since the filing fee has already been paid, this should cost you nothing.

Please let me know how this worked out for you, and I will do the same.

i would say yes but if you read the patriot act it pretty much says "EFF that amendment, theres terrorists out there who don't get a trial so we now dont have to give anyone a trial!" isn't our government geat?! abunch of EFFlords is wut they are.... anyway if you wanna see wut im talkin about look up US constitution vs pstriot act

The purpose of the Seventh Amendment is to have the right to trial by jury in cases over $1500. If it is less, then the small claims court will handle it. It was formaly $20 because back then, $20 was a lot more money. Alyssa R. Monday, June 22, 2009

It means that the lawsuit has been dismissed, typically after being decided on the merits, and cannot be refiled.

The foregoing answer is correct. The dismissal with prejudice can also be voluntary on the part of the plaintiff. That is often a condition of a settlement of litigation.

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, of the case itself. There are two types of dismissal: Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice. WITH prejudice means that the same charges cannot be re-instituted and brought before the court again,. WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again AFTER the legal insufficiency is cured.

There is no such case. Hank and Linda Cavanaugh are movie characters in Widow on the Hill which is based on a real story. The real case is the trial of Donna Somerville for the murder of her husband, Hamilton Somerville Jr. She was found not guilty in 2004. You can read the articles on the case at the Related Link.

You don't answer the lis pendens. You will answer the summons and complaint that the lis pendens is referencing. (Remember that the purpose of a lis pendens is to notify anyone whom it may concern that a lawsuit is pending which affects title to real property.) I strongly recommend you consult with an real estate attorney if you have received a lis pendens or know that one is recorded against your property. Relevant links are below.

Libel

Was it something you were supposed to do or something you were not allowed to do?

You could certainly be fired for something you didn't do, if it was your job to do it.

Firing someone for a false report of a violation is a more complicated answer and may depend upon what kind of contract you have, whether it is a civil service job, whether there are union rules, whether others have been fired for similar violations, whether you are a member of a protected class (race, age, etc), and many other factors.

If you were fired because someone falsely accused you they have slandered you, and have harmed you through constructive fraud. There is nothing complicated abut slander and fraud. An employer has the right to terminate an employee for whatever reason he wants, but to destroy the employees character is not a right.

An alias summons, in most jurisdictions, is what the summons is called on the second attempt to serve the defendant with process. Service of it is accomplished in the same way that the original summons is served, unless governing law provides differently. The third and subsequent summonses are often referred to as pluries summonses.

Not with a properly named beneficiary.

If the beneficiary is the owner can the life insurance policy be attached by a lien?

If the person is deceased than you now have the money. I guess it depends on what entity is putting a lien on. Certainly the IRS can do anything they wish. I don't think any other entity can put a lien on the money any more than they could your 401K or Savings account. If you are truly concerned you should check with your lawyer.

You CAN, if you wish to try. I doubt that it would be granted. FURTHER: You are asking for a legal opinion based on absolutely NO information whatsoever.

Actually, you do not need any more information. Under most civil rules, a motion to dismiss must be filed before an answer, or with the answer. Motions to Dismiss are often granted if warranted. A motion to dismiss is Rule 12 of the Rules of Civil Procedure. Check it out for your state. It is the same for federal rules, as well.

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.

Yes, you can appeal it, because the order dismissing a case is considered a final order rather than an inter locutory order, because the dismissal ends the case.

It is called a constitution.

Unless your jurisdiction addrsses this subject in some local statute, other than the fact that a same day service would be questionable, there is no limitation to my knowledge.

A case dismissed with prejudice means it can not ever be brought again. A case dismissed without prejudice may be brought again as long as the statute of limitations governing the case has not expired.

You must be the age of majority established by the state of residency before you can sue or be sued. The age of majority in most states is 18, in Alabama and Nebraska it is 19, in Mississippi and Pennsylvania it is 21. The parent(s) or legal guardian of a minor can file a lawsuit on his/her behalf. A minor's parents or legal guardian in some instances can be sued for damages the minor may have caused. The majority of states have laws regarding the monetary recovery that the parent(s) or guardian can be held responsible for and establish the conditions under which a lawsuit of this type can be inititated.

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