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Civil Process

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

949 Questions

Are parents liable for legal expenses incurred by their 18-year-old child?

In the majority of US states an 18-year-old is considered an adult, that being the case parents are not financially responsible for their adult child unless there are extentuating circumstances, such as a court order stating differently. In the few states where the age of majority is higher then 18, the existing state laws would determine what if any liability parents might have in such circumstances.

The tort of slander of quality is also known as libel?

The tort of slander of quality is also known as trade libel.

What is a demurrer?

objecting the evidence. Like if someone provided evidence that was reason to object, the oposite party would ""demur to the evidence" and therefore be the demurrer of evidence. In law you raise an objection by entering a demurrer.

Who must show fault in a claim for negligence?

The burden of proof is upon the party asserting the claim. That person or entity is usually called the Plaintiff, but in some jurisdictions may be called the Claimant.

If the person or entity being sued (usually called the Defendant) asserts a claim back (a counterclaim) against the Plaintiff, he/she/it has the burden of proof with respect to the allegations of the counterclaim.

Can you file a complaint to take possession of an automobile for which you were a co-signer but title is not in your name?

You would need to file a civil lawsuit. You should inquire at your local court.

You would need to file a civil lawsuit. You should inquire at your local court.

You would need to file a civil lawsuit. You should inquire at your local court.

You would need to file a civil lawsuit. You should inquire at your local court.

What evidence do you need present in civil court?

Whatever evidence might prove or disprove the claim(s) that are being made. Financial records, (cancelled checks, receipts, etc.) affidavits (is applicable) photos (if applicable) and so on and so forth.

I got a telegram saying We have sent you two notices but no reply from you now We are in process of filing section 405 406 and 420 of IPC against you in said APET Metropolitan Magistrate court?

Ask for proof of delivery.

ADDED: I have no idea what the numbered sections deal with or who the court supposedly represents, but I will say this. . . in over 30 years experience I have never, in my life, heard of a court delivering notices such as this via the mail and/or especially via a telegram. Check carefully to make sure you are not being scammed.

What is the fee for filing an unlimited complaint or other first paper in unlimited civil case?

Assuming that by "unlimited complaint", you mean one that seeks unspecified money damages, you would need to file suit in the court having no limits to its monetary jurisdiction. In some US jurisdictions, they are referred to as Circuit Courts, but go by a variety of names in other states.

There is no fixed filing fee--it depends upon the court in which you are filing. Filing fees are set by states and counties, so you need to contact the Clerk of Court for the county in which you will file. If is a matter within the jurisdiction of a federal court, you will need to contact the Clerk of the US District Court of the location in which you will file suit.

How do you file lawsuit when one party breaks divorce agreement?

It's not a lawsuit needed as much as filing a motion to compel or show cause at the court where you got the divorce. See an attorney for filing details.

What is considered an illegal repossession?

Repossession laws vary from state to state. States also have different provisions for different types of property. You would need to be more specific about the circumstances, the property and the state where the repossession would take place. Your question should be reformed to ask, "Is a repossession under the following circumstances legal"? Asking what is considered an illegal repossession is much too broad a question.

Got a civil summons of someone else's in my address that lived in my appartment prior to me what do I do?

If the summons came to you in the mail, give it back to the mail carrier so it can be returned to the sender. You should do this as soon as you can so as not have other people waste time and effort in m istakenly thinking service has been properly made.

What is a sheriffs sale?

A sheriff's sale is a sale which is held when property is seized as the result of a judgment against someone. The property is held by the sheriff and can be sold after notice is given to the public.

If an American faces civil charges in Canada and he fails to respond to the summons can he be extradited?

No, extradition procedure pertains to criminal matters not civil. Even so, the extraditing of an individual from his or her native country to another country is extremely difficult.

How do you sue when suffering from online defamation or infringement?

You treat it the same way any other infringement or slander is treated. You take them to court over the matter.

When a someone signs and verifies a legal document of accusations what serves as the verification to qualify to legally qualify the statement?

A verified complaint is a statement made that is sworn to be true under penalty of perjury. Same as court testimony. It's not what you think or what you believe, it's what you know, for a fact and can prove it.

What is an entry to deny a Motion to Compel?

It means a motion has been filed requesting the court to deny the original Motion to Compel petition or the judge actually denied the motion and it was entered into the court record as such. The exact wording defines which of the actions is being referred to.

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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Can you sue someone twice in civil court for the same case?

well, i guess so. i mean yes you could sue someone twice for the same case, because maybe they did two bad things so u could sue them twice.

How do you start a lawsuit after an auto accident?

In order to give a complete answer, it would be helpful to know whether or not there were personal injuries involved, and the state in which the defendant (the person being sued) lives, or where the collision occurred. One of those locations would be the proper place for suit.

If you sustained bodily injury, you are not advised to handle the matter yourself. This is because even if fault for the collision is clear ("negligence"), proving damages (the amount of money to which you are or feel you are entitled) can be complex. For example, the medical professionals by whom you were treated would have to be subpoenaed to testify, you would be subject to depositions, and generally, it is hard to be objective about your own case. If the defendant was insured, his/her insurer would appoint an attorney to defend him/her, so if you do not have one, you may be outgunned.

If property damage alone is involved, you may be able to handle the matter yourself, altho it can still be complex. In either case, you would need to prove that the person who is being sued was negligent. Negligence means that the other person did not use that degree of care that a hypothetical "reasonable person" would have used under the same circumstances. Factors such as violation of the traffic law may be relevant, but the fact that someone was issued a ticket is not determinative, and may not even be admissible into evidence unless there was a conviction on the ticket or the person pled guilty.

There is more to this, such as the mechanics of actually filing and serving (delivering) the suit, but this should get you off to a good start.

What types of lawsuits are among the most frequent lawsuits that stem from the workplace?

Sexual harassment charges are among the most frequently litigated workplace claims in the United States.

What documents should you present to the court if you are the defendant in a lawsuit?

In a civil action relating to a consumer debt (credit cards, pay day loans, vehicle repossession,e tc.) the only documentation that would be considered as a viable defense would be proof of payment and/or proof that you are not the person who owes the debt. In very rare instances the debtor/defendant's state statute of limitations for debt may apply, but this is not an automatic defense and can often be subject to "tolling" by the court depending upon the individual circumstances.

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When voluntarily dismissing a lawsuit must the parties to the lawsuit sign?

The answer is no, the plaintiff can dismiss the lawsuit at anytime if there are no substantial objections from the defendant.