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Civil Process

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

949 Questions

What is an example of the seventh amendment?

If somebody steals something of yours worth over $20.00 (In the 1700's it was about $1,500.00 now) you can take them to court.

What is the first paper filed in civil court?

When a lawsuit is initiated in civil court, the first paper submitted in the case is usually the Complaint (Petition). It gives the parties involved, explains the court'sÊjurisdiction in the matter, and gives the plaintiff's claims.Ê

Can I file a class action law suit?

Yes. Anyone can. Talk to a plaintiff class action lawyer about your specific situation. Good luck.

Can I file a bankrptcy after being served a civil summons on a broken lease agreement?

Sure.
But BK involves EVERYTHING you own and everything you owe. Not just what you want it to.
This item may be covered in BK along with everything else, but if it becomes a judgement, it may not be able to be discharged.

How did the Constitution read before the Seventh Amendment?

The first ten amendemnts were all adopted at the same time. When the U.S. constitution is amended, the new clauses are appended to what was there originally, rather than making internal changes to the original text. Thus, the original body of the constitution developed by the Constitutional convention of 1787 was what was there before the Bill of rights and it is still there although assorted amendemnt have caused certain clauses in it to become null and void. Michael Montagne

File a motion to dismiss plea in Florida traffic court?

Go to the Clerk of the Court's office - get a motion form - fill it out - and file it with the Clerk.

Can you file a lawsuit if you get a hair in your fries at McDonald's?

If it would be likely the hair was accidentally included in your order of fries, then it is not likely you may prove malicious intent to harm you. And I must agree that it is the cost of frivilous litigation that pushes costs up for products we all enjoy when their makers are forced to defend themselves against what the court more and more frequently deems "frivolous lawsuits", on which most reasonable judges frown harshly at best and vehemently oppose at worst. My Mom and Dad always told me, "That's more protein for free!" If in fact you ingest an impurity that does not kill you, it typically makes you stronger by strengthening your auto-immune system. We are indeed a nation of opportunists.

Yes. You could sue for emotional distress! You will need to show a physical component, though, such as an ulcer.

Sorry to say, but I work at a McDonalds and I would find that pretty stupid for someone to want to sue over. Just call the main office and complain, the will fix the problem and you will probably be owed free food or a refund for something or what not.

You could get a life and stop tying up the courts and tax payers money at the same time raising the cost of products over stupid litigation.

You could sue, but for what purpose? How have you been injured? By the way, fast food companies have test labs that allow them to tell if someone planted the foreign object. Proceed at your own risk.

I have a better idea...just go to the counter and tell them you got a hair in your fries. They will replace them on the spot.

Hey, Retards..... the question wasnt

*is it morally wrong and potentially detrimental to food costs of mcdonalds if i sue them for a hair in my fry?*

it was

*Can you file a lawsuit if you get a hair in your fries at McDonalds?*

stop wasting peoples time with answers that are off topic and are matter of opinion.

The is Yes.

how did i come to this conclusion? (fact) mcdonalds was sued for someone being burned with coffee that was too hot. (fact) unclean hair can carry bacteria therefore potentially harmful.

For more information contact a lawyer to discuss the proper route to take concerning what exactly you want and wether it is obtainable.

What License is needed to sell prescription eyeglasses?

This is an international website. Please indicate a city / state / province / country if you resubmit the question.

Internet Stores don't need any license. They don't even have to be in the USA. The website may look like USA. or have drop ship addresses in the USA. Unlicensed individuals that live in the US can also set up web stores and then purchase wholesale glasses from cheap labs in China or India (or other foreign country) then have them shipped to a USA. address. No license, and individual States can do little to nothing about it.

They can sell anything to anyone with no one assuring the safety or accuracy of the glasses.

Cheap but dangerous!

What is the Difference between WBM and WMM roads?

WBM (Water Bound Macadam) and WMM (Wet Mix Macadam) are used for Road construction in Base course layer. WMM is a new technology. difference between WBM and WMM can be summarized as below:

  • Stone aggregate used in WBM is larger in size compared to WMM. In case of WBM its size varies between 45 mm to 90 mm depending upon the grade while in case of WMM aggregate size varies between 4.75 mm to 20 mm
  • In case of WBM stone aggregate, screening material and binders are overlaid one after another respectively at the time of construction. But in case of WMM, aggregate and binding materials are premixed in a batching plant or concrete mixing machine and then brought to site for overlaying and rolling.
  • Materials used in WBM are stone aggregate, screening material (Kankar or murrum or smaller stone aggregate for filling up the voids ) and/or binding material (stone dust or Quary dust of PI not less than 6). materials used in WMM are Stone aggregate and binders (Stone dust or Quary dust of PI not less than 6)
  • Quantity of WBM is generally measured in Cubic Meter while quantity of WMM is measured in Square Meter.

Who was the judge in the tinker case?

The Tinker, or Tinker v. Des Moines Independent Community School District, was a Supreme Court decision. Justice Abe Fortas wrote the majority opinion.

What are the conflicts of the seventh amendment?

There are several.... the 6th sets up the precedence for "double Jeopardy" and the 7th Amendment states that "no fact tried by a jury shall be otherwise reexamined." This means that after a jury decides the facts of a case, no judge can overrule the jury's decision.

If you look at the movie Double Jeopardy with Ashley Judd (while fictional) it does pose an interesting question. She was found guilty of her husbands murder (he framed her for his death) which made it possible for her to kill him once she was released with no fear of punishment. She could not be tried for the same case twice.

This is also a problem when a jury is hung, or the case is thrown out on a technicality. This is evident in the current case with the solider from Hawaii who is refusing to go to Iraq. Based on a technicality the case was thrown out.... but you can't re-try him. You can try him for different crimes.

The same rules could be applied to the 7th.... if the jury says so, it is so. The 7th also sets up the precedence for civil trial (which is very different from Criminal) OJ Simpson was found innocent in Criminal Court and yet guilty in Civil. In criminal you must be guilty beyond a reasonable doubt... YOU MUST BELIEVE they are guilty.... Civil you need to set up "preponderance of evidence" In other words there needs to be enough evidence to give you the impression of guilt... you just have to "think" there is a possibility that the individual is guilty.

When do you file enjoinder in a class action civil rights case?

At http://SueEasy.com apparently you can start one and if more than 5 join it.. then a Class Action lawyer will pursue it immediately. They also have a massive database of constantly updated Class Actions you can join!

When you file chapter 7 can you include judgments from a lawsuit?

My understanding is that judgements cannot be amended since they are an agreement, through the courts, that you will pay the parties the stated amount. So, another action by another court (bankrupcy) cannot override the other court's ruling. My understanding is opposite in almost all regards: First: Judgements are not an agreement, they are in fact the opposite...the finding by a court (or through a process) in an adversarial proceeding. Imposed upon the litigants, like it or not. Most any agreement, like terms of loans freely entered into, leases, supply contracts, etc., can and are altered by the bankruptcy court. That is exactly what the Court does...resolves the agreements that the debtor cannot fulfill. The Federal Bankruptcy Courts (all bankruptcies are handled in federal courts) are given very broad and far reaching powers. It can and will litigate many issues of different types if the result is needed to resolve the bankruptcy. (Or it can elect to wait for the "normal"court process..and then abide by it or not). Like any higher court, it can override the finding of a lower one. While some types of things are exempt from dismissal in bankruptcy (child support for example), many times Bankruptcy is used to essentially erase or lessen the court findings. Seen recently, even by major corporations with substantial assets, because of the results of losing large environmental clean up responsibily (asbestos, etc) and drug liability cases in particular. The huge liability would be a burden on the Co for decades. The people/communities that would have had claims under those liabilities essentially got paid much less than they would have through the bankruptcy process, and the Co may even reorganize and continue without the liability going forward.

If the defendant in a civil suit does not respond to the charges what happens?

The plaintiff will win a by default and a judgment will be entered against the defendant. There are not laws that require a person to file an answer or to be present at the civil suit hearing.

In 1517 what did Martin Luther do?

In 1517 Martin Luther posted his 95 Theses on the Castle Church door at Wittenberg, Germany.

If you go to get a new drivers license will you get in trouble?

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.

Forgetting about civil lawsuits and summonses for a moment, having to get a new driver's license per se will not get you into trouble. There is no penalty for replacing a lost or stolen license. Nor will you get hit with a summons and complaint in a civil suit. Civil summonses are not served through the motor vehicle agencies. If they were, they would take years, at least they would in NJ. The only way you could get into trouble while getting a new license is if there are outstanding bench warrants in your name. In some states, if a driver refuses to appear in court on a traffic violation, the court will issue a warrant for his or her arrest. In NJ that type of warrant is not acted upon immediately. Police do not go to that driver's home at 3 am and haul him off to jail. Typically, they are stored in the motor vehicles agency records so that if that driver is ever stopped for something, no matter how minor, the police check for warrants and if there is one, he goes directly to jail without passing Go and gettting his $200, which he might need for bail. So what's this have to do with you going for a new license? If there is a bench warrant out for your arrest, as soon as you identify yourself and ask for the new license, you will see a number of people in blue uniforms walking toward you anxious to give you a pair of matching bracelets and take you to meet the nice judge who really wants to see you again. Now that is trouble.

If you receive a summons without a case number or a court seal is it official or a 'scare tactic'?

An official court summons will always have a heading such as : "Circuit Court of the state of ______ County of_______ (or something similar). It will also have: The date, the case (docket) number, the court number and Plaintiff: _________ vs. Defendant: _______ Lots of "legalese" in between and at the end, the offical seal and signature of the clerk of the court.

You cosigned on a car for your son the title is in his name he is not making payments how do you get the title in your name so you can get ownership of the car?

Since your name is not on the title you have no right to possession. Therefore you must be diligent in making the payments on the loan to keep it current or your credit will be ruined. Make sure you have written proof that you are the one making the payments and keep a clear record for every payment you have made. Canceled checks are the best proof. Automatic withdrawals may not satisfy the court that you are the one making the car loan payments. Extremely important: You should make sure there is full insurance coverage on the car in case your son is involved in an accident. He may not be paying the insurance either. If he wrecks the car and there is insufficient or lapsed insurance you will still be responsible for repayment of the loan. You should contact an attorney in your area for advice on filing a court action to have the title transferred to you so that you can take possession. You should act ASAP to protect both your investment, your liability for the amount due on the loan and your credit.

To file a written answer response and counterclaim to a divorce petition in 20 days How do you do that yourself?

If you want to represent yourself one way would be to visit a law library and ask the librarian to help you choose some reference books that could help you do it yourself.