Torts

in general the protection of citizens and any asset the common denominator in a society believes to need protection, in addition the protection of the state and its outlets and the procedural rules.

If you are the one seeking to file a lawsuit, you need to check with your local courthouse (or the courthouse of where the transaction/claim) took place. Civil lawsuits can cost as little as $75 to file but fees vary. Federal lawsuits can cost more. You have to take into consideration that you will have to have the person served (could be a couple of hundred dollars).

plaintiff: the one who has a complaint and went to court to fix it. defendant: the one who is the reason of the complaint.
In civil court these are terms that are used to identify the parties to the suit. The PLAINTIFF, is the aggrieved party who is initiating the lawsuit (i.e.- the one who is suing). The DEFENDANT is the party against whom the suit is being brought (i.e.- the one being sued). Depending upon the court system, sometimes the DEFENDANT is known as the RESPONDENT.

In criminal law, the party is not referred to as the plaintiff. There is only the prosecution and the defendant, and the prosecution will always show up.

In criminal law, there is a complainant, who is commonly the victim to the crime. If that victim does not show up, the prosecution requests a continuance, and may even submit a Motion to the judge to compel the victim to court. Generally, with proof that the prosecution has properly attempted to subpoena the victim, the judge may give two or possibly even more continuances, depending upon the customary practices of the judge and the seriousness of the crime alleged.

Generally, no. However, if you should have known that your comany was doing something illegal, then perhaps yes. The US government sued every member of one company including the secretary, because they were running a gambling web site. And remember, they sued the programmers that wrote code for Madoff. Oh...You can ALWAYS sue...that doesnt mean you will win, or will not be held liable for the guy you are suing when he sues you back for his legal expenses.

You can sue the interloper for what's called "tortious interference." It's been done successfully recently. (Recently for me is anything in the last ten years.) Basically, the idea is this: Persons A and B have a contract. Person C comes along and impels A to violate or break his contract with B. B sues C for tortious interference.

When can someone be held for defamation of character or accusing you of something very wrong that you did not do?

The defendant's answer to a civil summons for a lawsuit is sent to the issuing court and a copy to the plaintiff or the plaintiff's legal counsel. Addresses can be found on the summons itself.

At least 33 states have abolished the tort of criminal conversation--29 by statute and 4 by common law. For example, the tort was abolished in Virginia by statute and in Tennessee by common law, but North Carolina still allows it.

Most statuatory limitations for any medical malpractice usually are one year from the onset of problems arising from the procedure causing the malpractice. The states often follow the Insurance rules of practice, but it will vary from state to state as to the time limitations and monitary cap for specific problems.

You would be well adviced to contact an attorney for more specific laws and time limits in your jurisdiction.

Most states require that you first file a "tort claim" which notifies the school district of your intent to sue. Then, after filing the tort claim, you must wait sixty days, and if you and the district cannot come to a settlement of your claim, you may file a lawsuit.

I strongly recommend consulting with a personal injury attorney before filing a tort claim or lawsuit against a school district. Most personal injury attorneys will give you a free consultation.

It will depend on what the specific charges are. Violent crimes and murder, which would include assault, have no statute of limitations in Arizona. Other felonies are set at 7 years. Misdemeanors will be set at 1 year and petty offenses at 6 months. It is tolled if the identity is not known or they are absent from the state.

Yes, you can either sue them in the US, if the court has jurisdiction over the matter and some property or person in the US, or go sue them in the country where they are found or reside.

In civil court these are terms that are used to identify the parties to the suit. The PLAINTIFF, is the aggrieved party who is initiating the lawsuit (i.e.- the one who is suing). The DEFENDANT is the party against whom the suit is being brought (i.e.- the one being sued). Depending upon the court system, sometimes the DEFENDANT is known as the RESPONDENT.

The definition of libel in U. S. law revolves around defamation of character in the written form. For a full and complete discussion of this terminology see the below link:

1. Numerosity - enough plaintiffs to make class action an efficeint way to handle the claim.

2. Commonality - common issues of fact and law for each claimant

3. Adequacy of Class Rep - the person who is the class representatitve needs to have claims that are the same as the class members and that they are capable of serving as the representative.

4. Adequqcy of Counsel - that the law firm representing the class has sufficient skill and resources to represent the class.

A certified class action suit is one brought on behalf of a large group of people as plaintiffs who have suffered some similar harm from the same actions of the defendant or defendantsA certified class action suit is one brought on behalf of a large group of people as plaintiffs who have suffered some similar harm from the same actions of the defendant or defendants

The biggest difference is who brings the lawsuit, and the types of punishments.

In criminal law, prosecution is by the govt (state or federal). Punishments may be fines (paid to the govt) or jail.

In tort law, the plaintiff who brings the suit is the person who was directly injured -- and the punishment is usually payment of monetary damages to the person injured.

Another difference is that in most legal systems -- crimes are defined by statute, where as torts mostly exist based on past cases (precedent) that established them.This is most often in common law systems, like we have in the US and England.

Tortious interference means the wrongful interference with some right or economic opportunity belonging to a person which causes that person some monetary loss. It is usually used in connection with a business opportunity as where a person slanders or libels a person in order to hurt that person's opportunity to make some income in business. The tort of slander or libel will exist on its own to compensate the person for damage to his reputation; but there is the additional tort of wrongful interference with a business opportunity tp compensate the person for loss of income that would have been earned but for the wrongful action of the tortfeasor. Two separate types of damage; two separate torts.

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The question is unclear -but- some attorneys may want to be paid up-front. It all depends upon the circumstances. Some court fees (filing fees, notary fees, etc) must be paid up front just to get the court paperwork started, however these fees are not usually referred to as "court costs." Court costs, if applicable, are levied after the case has gone to conclusion, and are usually included as part of the verdict.

The difference is best illustrated by a couple of examples:

1. A minor attends a part at a friend's house while the parents are away, and particpates in causing damage to the house. There are laws that say in that case the parents of the minor can be liable for the damages. The minor is guilty of an intentional tort and is directly liable, but if the minor is unable to pay for the damages, the parents, who did not participate, are guilty by vicarious liability.

2. A delivery man in a company truck causes a traffic accident, injuring people and damaging property. It turns out the delivery man had a lousy driving record and his employer knew it but kept him on. The delivery man is guilty of negligence and is directly liable, and the employer is guilty vicariously for having knowingly kept a dangerous driver on as an employee.

In each case the persons who are liable "vicariously" did not participate in the underlying tortious conduct. In the former case the parents are guilty solely because the law wants to try to make parents responsible and more observant of their children's activities (and it would be unfair for the people whose home was damaged to be left without recourse, potentially if their insurance doesn't cover the damage and the minor has no money), but in case #2 the employer is guilty also of negligence, but a different kind.

Duty, breach, damages proximately caused by the breach.

In most circumstances, that is not the preferred order, but it can be done at times.

You simply name the corporation as a defendant by using its corporate name and place of business. Sometimes the actual corporate name is unknown because it is being operated under a business name. Most state have a registry of "business names" that match up to the actual corporate name. You should be able to get the true corporate name from state records. Sometimes court rules allow an unknown corporation to be named as a defendant using a fictitious name like "ABC, Corporation, a fictitious name to be made more specific during discovery", or something like that. The court rules will tell you how. The filed complaint is served according to the applicable court rules either by delivery or certified mailing to the company at its place of business or on its named registered agent. The name of the registered agent can be obtained from State or local records.