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Civil Process

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

949 Questions

Can a teacher sue a district supervisor for defamation of character and slander?

I recommend checking with your Union rep first, but yes you could. You probably won't get anywhere unless you have lots of documentation.

== The situation sounds like this character is sabotaging your efforts. Efforts to get this taken care of in the courts may take up several years and hours of your time, not to mention worry and stress. Another possibility, but less satisfying on some levels, is to walk away. Leaving on your own terms and in your own time is wonderful. You can show class. Obtain a job in another district where the culture does not allow this sort of behavior. If you find that the district supervisor is affecting your success in being hired elsewhere, then you will have to take steps. However, most of these people are satisfied with just running you out.

What is the format for an answer to a civil suit?

Rules of Civil ProcedureThe format is up to you, as long as you follow the Rules of Civil Procedure for your state. They will tell you, for example, that your answer to each complaint (claim) against you must state either that you Affirm, Deny or don't know about the claim. Usually you have to state in "simple and plain statements" and show evidence to back up what you say. You cannot merely say you DENY. In most if not all states, anything that is not specifically denied is thought to be admitted/affirmed.

There are Federal Rulels of Civil Procedure, which most states seem to mirror. They tell how to make pleadings and how to answer, etc.

Normally the paragraphs in the complaint will be numbered, and your answer will correspond to the numbers in the complaint. You admit what you need to admit (like undisputed or immaterial facts) and deny what is critical to deny (any paragraphs that would accuse you of liability). If you aren't sure what to do about one paragraph or another, you normally would say that you "lack information and belief" with concern to that particular claim, which essentially means you don't know enough about the facts of the case to affirm or deny the claim.

What is to slander someone?

To slander is to say something that is not true. Slander is often used in a political campaign.

In Indiana can a creditor lawsuit summons be answered by the person being sued?

Yes. In the US any individual who is an adult can use self-representation (Pro Se) in any civil litigation.

What happens if you contact the person that is suing you?

You get an opportunity to talk things out and perhaps come to a settlement of the issues and a dismissal of further litigation. There are no penalties for contacting the person suing you.

Did court in Florida set atheists' holiday?

No, it is not real. Here's where to read about it:

www.snopes.com/politics/religion/atheist.asp

How will you know if you are being sued if you do not answer your phone?

If you get sued, you'll receive a summons, either by a Sheriff deputy or a private process server. In some states, if it is small claims court it is sent by registered mail. I don't understand about a new driver's license. If you lie on a driver license application, you can be charged with a misdemeanor or a lower classed felony in most states.

The defendant(person being sued) will receive a court summons informing him or her of the lawsuit, and indicating what the defendant should do in response, including a date by which a response should be made If the defendant does not respond to the summons, a default judgment will be entered against him or her. A civil suit does not affect a person's ability to obtain a driver license, unless it is in connection with a personal injury or property damage caused by the operation of a motor vehicle.

What kind of attorney do you use for a civil suit debt?

It more depends on what the nature of the debt is.

If the debt is due to a tort, you want an attorney that specializes in those actions (auto accident, slip and fall, malpractice), if the suit is over a contract, you probably want a contract lawyer.

What are the penalties for libel or slander under Australian law?

libel and slander can lead to compensation depending on the reputaion of the person

Does Nolle Prosse mean the same as dismiss without prejudice?

No, only the prosecutor can issue a Nolle Prossequi (I decline to prosecute) - and only a judgecan issue a dismissal.

In the US how does one find records of civil court cases that either did not go to trial or settled before judgment?

Even if the case settled prior to trial - if the case was filed with The Clerk of The Court and it appeared on the court's docket, then there would be a publicly available record of it in the Court Clerk's Office. You would have to know where, and in what court system, the case was filed in order to locate the records of the proceedings and learn what the final dispostion was.

When receiving medical assistance can creditors garnish my wages?

Yes, the law does not recognize the health or the economic status of the debtor defendant to be a deterrant to the collection of a judgment. The exception is protected benefits such as Social Security Diability, public assistance, WCI, etc.

Can Prime Acceptance Corp garnish wages?

Absolutely. Once they have a judgment, they can do a lot to collect the money owed, including garnishing wages.

How do you pronounce lis pendens?

You can double click on the small speaker icon at the link below to hear the spoken phrase 'lis pendens'.

What is the difference between freight and package?

The difference between freight and package is the size of the container. Freight refers to the size of the entire shipment, such as a semi trailer's contents. Package is just one part of the entire shipment, like one pallet or box on the semi trailer.

What is interlocutory application under civil code procedure?

An interlocutory appeal (or interim appeal), in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the decisions made by the judge during that trial. However, many jurisdictions make an exception for decisions that are particularly prejudicial to the rights of one of the parties. For example, if a party is asserting some form of immunity from suit, or is claiming that the court completely lacks personal jurisdiction over them, then it is recognized that being forced to wait for the conclusion of the trial would violate their right not to be subjected to a trial at all.

In Louisiana if a plaintiff loses a civil case due to the testimony of an expert can the plaintiff hold the expert witness personally liable for damages?

No, not unless the "expert" gave false testimony which would set the stage for an appeal by the either side. The purpose of having an expert witness testify in any case civil or criminal is to sway the jury to the side that is presenting the evidence, so the plaintiff would have no grounds to sue someone who presented factual, truthful claims.

Who is responsible for getting Tenants to leave on a foreclosed home?

Inamuch as foreclosure is a civil action (not a criminal one) it usually falls to the Sheriff's Department of the individual counties to enforce an eviction order. In those few juirisdictions which are under federal control, the job is handled by the US Marshall's Service.

Is motion to dismiss captilized?

If it is being used as the title of the motion, it is; to wit: Motion to Dismiss.

If it is used in the body of the motion, it is permissible to use lower case letters; to wit: "The Defendant files his motion to dismiss and states..."

How do you file a lawsuit against yahoo?

Depends on what kind of case you have against them. Consult with a criminal lawyer or Intellectual Property lawyer to see if you even have a case.

What are the answers to the dollar general accessment test?

Just answer the way you think they would like to hear it, if your co worker found 20 on the floor would you tell, answer is yes, where really that makes you out to be a tattle tale, then when you come to the ? where you have to sit all these people at a table for a meeting but Alice can't sit next to Carol, but you gotta keep this guy next to this one, well at that point it has nothing to do with running a store, and the ABC 123 thing, well after 200 or more ?'s, and 7 days later I didn't meet their qualifications, and really the questions they ask is really stupid, all in all , they really don't care if you can run a store, do schematics, cycle counts, deposits, books, there just looking for someone who won't steal and is able to sit next to Alice.

Can you combine two civil complaints into one single complaint?

Yes, if certain facts apply: First, If the two complaints are against the same defendant but arise from separate incidents you may even be required to file the two claims in one complaint. Courts do not want to be bothered by one complaint on one subject then another on the other when the same two defendants are before the court. In some courts, failure to file both claims together might result in the claim agasint the defendant that was not joined being forfeited. Second, if the two complaints are against two different defendants but arise out of the same incident, you probably are required to file them in one complaint. This is also to prevent a waste of time trying two cases when they can be done in one. Again, the claim against the defendant who was left out might be forfeited for not being included. Third: If the complaints are against separate defendants arising out of separate acts, then you will not be able to file one complaint. Unless there is some common issue, it makes no sense to try them together.

Can you get paid for suing some for slander?

Yes, you can get a settlement if you win a court case for slander.

What happens after a case is disposed by default?

Default is often used to refer to the non-appearance of the defendant within the time prescribed by law to defend himself.

It also signifies the non-appearance of the plaintiff in order to prosecute his claim.

In such cases, a judgment will automatically be rendered in favor of the non-defaulting party, which is called a "default judgment".

It is possible that the case could be appealed by the defaulting party but it is doubtful that a re-trying of the case would be granted.