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Civil Process

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

949 Questions

How enforceable is a summary judgment?

A summary judgment is just as enforceable as any other judgment. The only difference between a summary judgment and a judgment after a trial is that a summary judgment is granted when the court believes that a trial is unnecessary. A trial would be unnecessary if the facts of the case are either undisputed or conclusively established. Once that is shown, then the court can grant a summary judgment after a proper motion is filed.

How can a Senior citizen take his gift deed back?

He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.

He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.

He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.

He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.

Why is a subpoena served on a party?

Subpoenas are intended to compel the production of documents and/or live testimony.

Can a jury recommend time?

Depending on the state rules of court procedure, juries are occasinally called upon the recommend sentencing. You will have to do the research to see if this procedure applies in your state.

What happens if a judge has ruled on a judgment dismissed without prejudice?

A "Dismissed without Prejudice" order means that the lawsuit is being dismissed by the court, but the case can be re-filed if the party chooses to re-file.

This often happens when a lawsuit is filed but, for some reason, it is not pursued. Maybe a plaintiff becomes ill, or maybe a witness can't be located. The possibilities are endless. Rather than the case sitting in the court docket without there being any activity on it, the court dismisses it.

On the other hand, a case that is "Dismissed WITH Prejudice" means, usually, that the claim is barred from being refiled.

Can a nonattorney file a written appearance in pa for a corporation in a civil suit?

Question is unclear. A non-attorney may deliver to (i.e.: file) the notice of appearance to the Clerk of Court's office but the notice itself must identify to the court THE ATTORNEY OR FIRM who will be representing the corporation.

How do you obtain un-redacted and notarized police and court records for a closed case in Oregon?

If they were redacted by court order (which they probably were), you probably cannot, at least not under the FOIA.

Otherwise, you must go through the courts to argue and show cause why the unexpurgated versions (if they exist) should be released to you.

What is the purpose of allowing appeals in civil cases?

The purpose of an appeal in a civil case is similar to the reason for allowing one in any other kind of case.

On the most basic level, it is to permit the reviewing court to determine if the trial court (1) applied the correct law to the facts that were adduced by the evidence; and (2) applied the law correctly to those facts.

As a general rule, the appellate court does not retry the evidence, nor does its substitute its view of the evidence for that of the trial judge or jury (if there had been a jury trial). Instead, it considers issues of law to ensure that the correct law was applied to the facts and that it was applied correctly.

The result of an appeal is that the trial court's (or jury's) determination is affirmed (meaning, it is left alone), reversed (meaning that it is overturned), affirmed in part and reversed in part, or remanded back to the trial court for a new trial with specific instructions as to corrections that must be made from how the trial was handled originally.

Can you drop a civil lawsuit that has been settled?

Yes. It is customary to file a Notice of Voluntary Dismissal with Prejudice. This has the effect of terminating the pending lawsuit and preventing the Plaintiff from refiling another suit against the same party(ies) based upon the same facts. In fact, the Defendant will likely insist upon it.

If there is a discrepancy between a witness's testimony or between such witness's testimony and that of other witnesses must the jury discredit that witness?

No, the jury is not required to discredit a witness simply because there is a discrepancy in their testimony or between the testimonies of multiple witnesses. Discrepancies can arise from various factors, such as memory differences or perception variations. It is the jury's role to evaluate the credibility of each witness and determine the weight of their testimony in light of all the evidence presented. Ultimately, the jury must consider the overall context and decide what they believe to be true.

What does Without prejudice to Notice to Quit mean?

Without prejuedice means that the decision is not irrevocable. That, in this instance, at some time in future you may withdraw the notice to quit.

Does a civil complaint have to be notarized?

In federal court, the answer is no. I'm not aware of a notarization requirement for state court complaints, but state court rules could require it. In Pennsylvania state courts, a complaint needs to be "verified" but this does not require that it be notarized.

What is Motion to quash subpoena duces tecum?

A subpoena duces tecum is used to compel the production of documents that might be admissible before the court (duces tecum is Latin for bring with you).

Source: West's Encyclopedia of American Law, published by Thomson Gale

How do you change the terms of a lease with someone who has a protection order against you?

You can't change the terms of a lease while it's in effect. When it is about to expire you can change the terms of it as of its renewal date. You have to give at least a 30-day notice (perhaps 60 in some states) of the changes you, the landlord, wish to make. If the tenant doesn't like the changes he can leave/move out. Now if the order of protection is against you, the landlord, then this is for a lawful reason: you probably were abusive to the tenant in some way or another. If this is true and you do make radical changes on the lease for the purpose of getting rid of your tenant, he could file a lawsuit against you for retaliatory conduct, for which he can receive a large amount of money for damages, so be careful!

Can you get legal aid for slander?

Not really. Legal aid provides assistance for criminal charges. Slander is a civil matter.

Added: If you are asking about FREE legal aid (i.e.: a Public Defender), no, Slander is a civil offense and public defenders only defend indigents involved in criminal law matters. If by "legal aid" you mean "free" legal advice - No. This is a civil matter, not a criminal matter.

But you can certainly hire an Attorney and sue for slander. If they feel you have a good case, they may consider taking it on as a contingency fee basis. You will have to prove that this slander ruined your reputation or standing in the community. Unless it was broadcast over the air (TV or radio), you may have a tough time proving it, in which case it is doubtful you will recover even the costs - let alone get the justice you seek.

Is there a form to answer a summons in Gwinnett County Ga for a civil lawsuit?

There is no specific form that must be used to answer a summons in Gwinnett County. Generally the summons is delivered with a complaint; the complaint should be answered paragraph by paragraph with an admission, denial or statement that not enough facts are known to either admit or deny the allegation of the complaint.

Steps to defend an eeoc complaint?

To defend against an EEOC complaint, first, thoroughly review the allegations and gather relevant documentation, including employment records and communications. Next, prepare a detailed response addressing each claim, highlighting factual inaccuracies or justifications for the employer's actions. Additionally, consult with legal counsel experienced in employment law to formulate a strategic response and representation throughout the investigation process. Finally, cooperate with the EEOC during their inquiry while maintaining clear and open communication.

Slander and libel are both forms of?

Libel is a statement in writing judged to harm the reputation of a person. Slander is a malicious report report uttered to damage a persons character. Both of these terms harm the reputation of the person they were charged against

What is the 7th amendment of the bill of rights?

The Seventh Amendment provides for the right to a jury trial to settle all disputes about property worth more than $20. When both parties in a conflict agree, a judge rather than a jury may settle the case.

What is a Pro se class action?

I don't believe that there is such a thing. "PRO SE" means that you are representing yourself without benefit of legal counsel. Whereas, a class action indicates that MANY plaintiffs have gathered under one banner to bring suit against one plaintiff. The two terms are actually incompatible.