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Civil Process

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

949 Questions

Can You contest a beneficiary?

You can contest a Will if you have a reasonable claim that the will is invalid. You may not contest the will just because you think someone received too much or not enough or the privisions set forth in the Will are unfair.
A Will can be contested by any person who has a vested interest. That means that they must either be one of the beneficiaries or they must be a person who would have been considered a beneficiary if there was no Will. When the will is contested the claim of invalidity by the contester must be investigated to ensure that the will is a valid one.


Some of the most common reasons to contest a Will are:

  • technical defects- not witnessed properly, not acknowledged, etc
  • fraud
  • decedent was not competent to execute the Will
  • undue influence of another person
  • not the most recent Will

Something to keep in mind is that a person has the right to decide who gets their property after their death. That right is one of the most ancient and respected.

I'm pro se plaintiff having received an answer to a complaint what do I do now only defense stated was plaintiff failed to state a claim yet you copied coa dential malpractice?

More than likely the defendant is using a technicality that can be as simple as the wording in the original filing petition(s). The party involved may be able to modify the suit or may need to refile the entire case. State laws govern the civil action process, therefore any remedy available depends on the applicable state statutes.

What can make your breath smell like alcohol and why?

-alcohol consumption -mouthwash -diabetic ketoacidosis. Not so much an alcohol smell, but a fruity smell as the body releases ketones to rid itself of severely high blood sugar. A person in this situation may appear to be intoxicated on alcohol because of the hyperglycemia. Blood tests would demonstrate a high blood sugar reading instead of a high blood alcohol level. This is a dangerous condition requiring hospitalization.

What are the basic requirements for a person to qualify as a competent witness in civil court?

Generally, anyone who has personal knowledge of relevant matters, is able to understand the importance of telling the truth, and is willing to take the oath (swear to tell the truth) is competent to be a witness unless a statute or rule says otherwise (for example under Federal Rule of Evidence 605, the judge presiding over the case cannot be a witness in that same case).

Can you be taken back to court after a judgment of dismissal with out predjudice?

You certainly can attempt it. The judge would have to re-consider his ruling, but it might be possible.

How do you file a lawsuit against a county?

get an attorney!

and you have to have a good reson to file a lawsuit and have a good lawyer

Doctrine of unclean hands?

Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint-that is, with "unclean hands".

Can a small claims court judgment be discharged in a chapter 7 bankruptcy?

Yes, unless the judgment was a result of fraud. If the judgment creditor has filed a judgment lien against any of your property, you will need to take the additional step of filing a petition under Section 522(f) of the Bankruptcy Code to remove the lien. Be sure to tell your attorney about any liens that you might have against you.

What is a motion to dismiss?

A motion is a request to the court to do (or not do) something.

Dismiss means to throw out.

With prejudice means it can not be brought again.

If dismissed without prejudice, it can be brought again at a later time.

So, a motion to dismiss with prejudice is a request to the court to throw out the issue and never let it be brought again.

Why is murder regarded as a criminal offense?

Because it is the taking of someone elses life.

Deep down it is stealing, you are stealing who they are, who they will be, everything they have or ever will have.

Stealing a father or mother from their children, a son or daughter from their parents, a wife or husband from their mate, and any good they may do in their life from those who need it. While murder is a natural crime (something everyone inherently knows is wrong), it is a criminal offense because the legislature has codified it as a such.

Can you include back child support payments in a chapter 7 bankruptcy?

No child and/or spousal support are not dischargeable in a chapter 7 BK. It is my understanding that child support, student loans, taxes owed, and things along that line cannot be included in a bankruptcy.

How do you prove criminal harassment and slander or defamation of character?

to pursue some one means you want to chase them, if you mean to "sue" someone you will have to go to court with an attorney to help you with your case.

What happens after dissmissed case in want of prosecution?

Not really enough info given with which to answer the question - - - BUT if you're looking for a definition: The term is often used in traffic cases when the officer (for whatever reason) fails to appear in court to testify against you. Dismissalal is the same as if the charge was never made, and no adverse record will apear on driving record.

How will you know if a lien has been put on your property?

If you haven't been notified of a tax lien, you can go to your municipal or county recorder of deeds and search the index to determine if a tax lien has been recorded against you. The staff will assist you.

What is a chamber summons in the high court?

India

Chamber summons is instituted to take on record the parties (the defendants) to a newly filed suit / or to add new parties to the existing suit / to amend the existing plaint according to the changed circumstances.

Generally, if you file a Vakalatnama or make a personal appearance on the date fixed by the court, then it implies that you have answered the summons issued by the said court. It is highly recommended that one should approach a learned advocate before making an appearance on any given date.

What is a release of lis pendens?

Lis pendens is the Latin term meaning "suit pending." A lis pendens is a notice filed in the office of land records by the plaintiff that the ownership of real property is the subject of a legal controversy. Anyone who purchases the property takes it subject to any claims asserted in the action. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should plaintiff prevail in its case. For a discussion of lis pendens see the link provided below.

How can you avoid being served a subpoena?

If you have a gate lock it! Don't go to work, look around when you leave your house. Don't answer the door for anyone you don't know. Take a vacation, move, stay at relatives or a friends. The thing is, they will eventually get you.

How are the 5th 6th and 7th amendment different?

The difference between the sixth and seventh amendment is that the seventh amendment offers civil jury. That means back then it didnt matter if you were black or white, you deserve an equal trial. In the sixth, it doesn't say anything about civil so that means it doesn't matter if its civil or not.

What is a civil complaint?

A complaint is signed by the attorney; a verified complaint contains an additional verification page signed by the plaintiff which is notarized. A verified complaint requires a verification page signed by the defendant.

Who can be charged with perjury?

State's Attorney or the U.S. Attorney, whichever court the perjury was commited in.

How long will a foreclosure take after lis pendens?

A lis pendens will remain against the property which it was filed against until the lawsuit which the lis pendens warned of has concluded. At that time, the lis pendens will no longer encumber the property.

Can you sue a dead person?

An association may have a cause of action against an estate. However, the claim must be filed in a timely fashion. The time period for filing creditor's claims is generally no longer than twelve months and shorter in some jurisdictions.

Can a credit card company put a lien on jointly owned property when only one person is the named debtor in Florida?

A lien is possible but it could not be used as a forced sale for recovery of monies owed. The lien would stay valid until paid or the person whom the judgment was against died. The aforementioned does not relate to marital property as Florida law allows and presumes that a married couple holds real property as Tenancy By The Entirety and cannot be attached in any manner when only one spouse is the debtor.