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Civil Process

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

949 Questions

What are some common court motions and how are they made?

You need to narrow the focus of the question. It is W-A-Y- too broad a subject to be addressed in this venue. There are literally textbooks written on this subject alone.

What is a bad faith law suit?

"Bad faith" is a term usually used to describe poor conduct by insurance companies on a failure to protect the assets of the insured. A bad faith lawsuit is usually filed by a an insured against his own insurance company after the insurance company has failed to settle a claim by an injured person and the injured person then obtains a judgment or verdict against the insured in excess of the policy limits of the insured person.

Can a civil summons be delivered out of jurisdiction?

If by "delivered" you mean served, yes.

The summons has to be issued by the Clerk of the Court where the case is pending, directing service on the defendant at a specific address. The Plaintiff then forwards the issued summons to the sheriff's service of process unit, or hires a special process server (sometimes called an "elisor") in the Defendant's locale to effect service of process. If successful, a return of service is sent back to the Plaintiff (or his/her/its attorney) documenting service. The original of the return of service is filed with the court where the case is pending, and the Plaintiff or his/her/its attorney retains a copy.

The documentation of service of process is critical to demonstrating that the court has acquired the requisite personal jurisdiction over the Defendant.

What is character slander?

Character slander is the disparaging of another person's good qualities (like honesty, integrity, etc.) by falsey stating that he or she possesses either none of those qualities or possesses the exact opposite of those qualities. It has been said that lawyers, such as myself, are not permitted to sue for character slander for obvious reasons.

Why was Robert Crittenden's political career ruined?

Robert Crittenden's lifelong attempts to support and control and then oppose political candidates greatly weakened his influence and ended his political career.

How does someone become a moor?

Since a moor is a member of a Muslim people of mixed Berber and Arab descent, now living chiefly in northwest Africa...I guess you would have to be adopted by a Moorish family.

One cannot become a Moor one has to be born a Moor. The so called black man and woman here in America are the true descendants of the Moors,but do not know their heritage or nationality.

What is a levy against personal property?

A levy is when a creditor is allowed to take and sell your personal property. This can be a tax levy or some other form of judgment.

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.

How long do you have to file a response to a counterclaim lawsuit in Utah?

Even though a counterclaim comes by way of an answer, you should consider like a complaint. You have 20 days to answer a counterclaim.

What does prejudice mean?

Prejudice as a noun means "a bias towards a particular group". This can be a positive bias, as in the example of Asian-American students generally being good at math, or a negative bias, as in the example of blond females generally being considered naive. In American English, prejudice typically carries a negative connotation - it is not socially acceptable to have a prejudice. In general conversation, having a prejudice is interchangable with stereotyping or discriminating, although by definition these are all three different concepts.

Prejudice as a verb means "to cause or influence a person to have a bias towards a particular group".

The word means "to judge before" and means that you judge the qualities of the individual based upon preconceived notions about the group as a whole. In this way it takes a stereotype (Chinese people are good at math) and applies it to an individual (and you are Chinese so you must be good at math).

What letters does a sheriff need to release a wage garnishment?

A sheriff is only the server of the court order. For a garnishment of wages to cease a court order is necessary quashing or rescinding the action and/or the garnishment must be completed as stated in the terms of the writ.

Can they sue you if you only owe 1000.00?

Not knowing who "they" are. It is difficult to answer. Anyone can take you to court and sue you for money owed. This is our legal system at work.

Can co owner not on registration take vehicle from owner who is on registration owner not on registration is responsible for loan and other owner is causing a default by keeping car and failing to gi?

No. You need a court order. If you agreed to obtain the car loan you should have placed your name as co-owner on the title. Since you are not on the title you cannot take possession of the car. Since you ARE responsible for the car loan you must keep the car payments current. You need to take the matter to court to request the car be retitled in your name. There is a more serious problem lurking. You need to make sure the insurance is current and that the car is fully insured. If the legal owner has allowed the insurance to lapse or does not have full coverage you will still be responsible for repayment of the loan if the car is wrecked. That situation arises frequently in cases like this one with individuals who are not responsible enough to make car payments. If they can't make the car payments then it usually follows that they cannot make insurance payments either. You need to get before a judge ASAP in order to get that car out of the possession of the legal "owner". Make certain you make the loan payments and that you have written proof that you are making them. You must bring that proof of payment to court as well as proof that you obtained the loan to pay for the car. If you find that the insurance has lapsed you should try to obtain proof of that also.

When was the 7th amendment finally passed?

The bill of rights (the first ten amendments) were all enacted on the same date: Dec 15, 1791. This was only about two and a half years after the constitution itself was ratified, so I'm not sure that "finally" is really appropriate.

The intent of the Norris-LaGuardia act was to?

The point was to make yellow dog contracts unenforceable in Federal Court. (USA)

Prejudice with or without what is the difference?

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.

What does it mean when your lawyer withdraws as counsel?

When a lawyer "withdraws as counsel" he/she is essentially resigning as the lawyer for that client in a particular lawsuit. Lawyers do not have full discretion to withdraw as counsel during litigation. Under some court's rules, when litigation reaches a particular statge, such as when a trial date is set, the lawyer may not withdraw without court approval which will be granted only on a showing of good cause.

What is another name for slander?

Call it a verbal defamation of a person's character that is untrue.

Is a caregiver allowed to file mechanic's lien?

A mechanic's lien is a lien to secure the payment of the contract price for labor and materials used in the improvement of real property. A caregiver would not fall into this category. If you are in agreement with the person that owes the money that the money needs to be paid, they just can't afford to do it at this time, you may consider using a promissory note and mortgage to agree to the amount due (note) and secure it (mortgage). There may be other means is your state, but a mechanic's lien is not one of them.

What would be your next step under Rules of Civil Procedure if the court grants the motion to dismiss and the dismissal is without prejudice this is a final appeal-able order Civ R 54b?

Assuming that this is only the first time that you have filed the lawsuit, a dismissal "without prejudice" means that you can file it again. But the reason that it was dismissed was likely because of some flaw in the way that you pled the cause of action, the nature of the cause of action, the parties named, etc. Therefore, the same thing is likely to occur if you refile the lawsuit in just the same way as before. In other words, reread your first filing to identify your error. Correct the error, then refile.

Nothing herein is offered as legal advice nor may it be construed as such. No attorney-client relationship is intended nor created.