Can a creditor lawsuit for debt be refiled at a later date if it was dismissed 'without prejudice'?
Yes, that's what 'without prejudice' means. When something is dismissed with prejudice, this is due to some kind of misconduct on the side of the party making the claim. They're then disallowed from refiling it. However if it's dismissed without prejudice, often due to a precedural error, it can be refiled.
At what stage of the court process is the bail decision made?
(in the US) Oftentimes at the Arraignment Hearing. If not then, in a bond hearing shortly afterwards.
first appearance. your welcome now get that 100!
Does a court clerk subpoena people?
Yes, at the direction of the Court, the Court Clerk's Office CAN issue subpoeanas.
What items must be included in a legal search?
The only things necessary on the affidavit are a sufficient statement of "probable cause to believe" that some named offense has been, or is now, being committed at this location, and include the location - street address and/or physcial description. They can be worded specifically to simply one apartment or room, or to an entire residence or business, or to an entire piece of real estate and all the buildings on it. Of course, it must be signed by a judicial officer.
What is a person called who acts as a judge in the lower court?
That depends on what court you're referring to. The person may be a Judge, Magistrate, Justice of The Peace, or Referee.
What does status TR mean on court records?
Traffic
Another View: Abbreviations, initials and other court/prosecutor/clerical shorthand and 'lingo' contained on court records is NEVER uniform, nor does it mean the same from one court to another much less one state to another. The initials "TR" could stand for ANYTHNG (e.g.: Temporary Restraining Order), they could even be someones initials.
Can you sue for being falsely accused of a crime after appeal?
YES. Under Common Law you can sue for damages due to malicious prosecution.
You can sue for damages, provided you can prove that there were damages, but law enforcement and courts are not responsible for any "damage" they do if they were operating within the confines of the law. In other words, if the justice system had a legal right to do whatever they did AT THE TIME THEY DID IT (ie: when you were still implicated, before you were cleared), you don't have a leg to stand on.
As an example: If the police came and tore up your couches, you cannot sue to replace them unless they...
A) didn't have a warrant at all
B) the warrant did not permit them to search there (they can't search for a stolen TV in your couch because it could not be there)
C) the warrant was improperly granted, with insufficient evidence to establish probable cause
D) the police misconducted themselves in some other way (insufficient evidence for a stop or reasonable suspicion, abuse, denying medical care, arrest without reading Miranda Rights, etc....)
I don't know what your situation is, but if you got fired for being suspected of something, you could possibly get a letter from a court official stating you were cleared, but it won't necessarily require your employer to hire you back. Furthermore if the contract with your employer was "at will" (and it probably was) then there's literally nothing you can do - they're allowed to fire you because they don't like your face, or just because they feel like it.
You'll have to look at the specific laws in the jurisdiction that tried you.
If you are bankrupt can you sue somebody in court?
Yes, you can sue anybody, anytime for just about anything. You may not win of course and if you have not finished bankruptcy proceedings, then any gain you have may be subject to your bankruptcy filings. Generally, statute of limitations is 4 years, so finish the bankruptcy, then sue.
What courts will hear appeal of court-martial convictions?
There are several courts to which an appeal may be made, depending on the circumstances. The following site contains a discussion:
What is the legal time limit between arrest and arraignment?
There is no actual hourly time limit set by statute or court ruling that I am aware of. But, "without undue delay" seems to be the accepted standard.
What happens after an appeal is dismissed as moot?
If an appeal is dismissed it can be reinstated if the dismissal was without prejudice to reinstating it. This is common with procedural dismissals.
If it is dismissed because the court considered the merits of the appeal and felt the lower court acted correctly then it cannot be reinstated. However, if the appeal was dismissed on its merits, the dismissal may be appealed to the next higher court in that particular court system if there is one.
Regardless of the type of dismissal, the end result is that the ruling of the lower court will stand unless the appeal is reinstated and the court reverses the lower court.
What percent of the jury must agree on a verdict?
In criminal matters it must be 100%. In civil actions, depending on the state involved, it may be 100% or it may be less. Some states require only that 5/6 of the jury agree. The US Constitution does not guarantee a unanimous jury in civil actions. In fact, it does not guarantee a jury of twelve persons.
If this is for a traffic citation the court date can often be found on the citation itself. If not, or if you've lost the citation, you can check with the court clerk. To find the contact information for your local court clerk, check the link in related links. Just select your state and then your county and you'll find a list of your local trial courts along with all the contact information.
Traditionally the judge would carry the Bible in with him and all would rise for the "Law" entering the room. Now days the judges like to think it is for their position; but technically judges are public servants and don't demand that respect. Now it is just tradition from a time passed.
I just received a certified letter notice that the Post Office attempted to deliver to my home address on 2 different occasions. It also stated by a specific date (2-3 days from the last delivery attempt) this Certified Letter would be delivered back to the sender.
Hope this helps !
What does stay mean in court proceedings?
Stayed: If the charge is "stayed" by the judge, this means the present proceedings are suspended. It is not a finding of innocence, simply a stopping of the prosecution at a particular point. The proceedings can be started again in the future if certain events occur (for example, new evidence is found).
Who is a lawyer that pleads in a court of law?
(in the US) They are known as "trial attorneys." Or, an attorney who has a particularly good reputation as a good court attorney will be referred to as a "Litigator."
A court of justice is called a Bureaucracy.
How do you file for motion to discovery in civil case?
With the Clerk of the Court's office of the court which will be hearing your case.
What are the 3 types of jurisdiction used in a court case?
in personam, in rem and limitation on the types of cases a court can hear
What do you do when people lie in court?
If you can prove that they are lying, you prove it on cross examination.
Added: Then the person who was a proven liar couldbe charged with lying under oath and/or contempt of court.
Jurors are usually members of the public or certain legal luminaries who compose a jury, i.e, a board to decide a trial or a case. They are neither part of the Bar or the Bench, In the USA, they are chosen randomly from the eligible voters' list. UK has a jury system. India does not use the jury system to decide its cases; they are decided by the judges themselves.
What is the kind of jurisdiction a court has when it reveiws the action of a lower court?
Review from a court above another is typically appellate jurisdiction. The court where the action is brought will have original jurisdiction. of course, many considerations: state, federal, administrative court, etc.
Are there any pro bono attorneys in Illinois?
Yes, there are many pro bono lawyers in Illinois. "Pro bono" generally describes any lawyer who works for free.
Those who provide civil legal services are found in Legal Aid, Legal Services, or similar organizations; you have to contact them to find out what types of cases they handle and how low your income has to be to qualify for their services.
Those who provide criminal defense services are Public Defenders; they are appointed by the court if you can't afford to hire a lawyer.
The source below has links to all Illinois legal aid, legal services, and Public Defender offices. Click the links to get their contact information and more details about their services and procedures.