It depends on the crime, where you were when your spouse did whatever he/she did, and whether you have an allabi. GET A LAWYER
Can a person be sued in tort and also charged in criminal court?
Yes, perhaps the most well known case of that happening is the OJ Simpson situation where he was found not guilty in a criminal case of murdering his ex-wife and another man, and he was found civilly liable for their deaths. For information on the civil and criminal processes please see the related links below.
Can a tort only exist if the person who commits it intended to do so?
No, the defendant does not have to have "intent" to be held liable for a tort.
The plaintiff only has the prove that damages were caused and that the defendant caused them. Whether the defendant caused them intentionally or negligently is, usually, irrelevant.
Would it be true to say that Tort law deals with disputes and poverty?
True or false Tort law deals with disputes and pover
Can a doctor testify at trial if they are charged with malpractice?
Anyone who is sued is allowed to testify at trial for a calim against him or her.
I am not an attorney. But I do know you can sue anyone for anything. The question is "will that claim be taken seriously." The answer is probably not. You cannot sue two consenting adults for having an affair. They willingly participated in this affair and he alienated you not the woman. If you no longer want to be married, divorce your spouse. Finally, as painful as this is, many people seek counseling and get past affairs. the pain you feel is real and deep. So, if you decide to stay, don't try to suck it up and get over it. Seek professional help through a psychologist or life coach. If your husband wants the relationship, he will gladly participate. dr.sis
Can a manager sue a union for defamation?
Yes, a manager can sue a union for defamation. They will more than likely need to get an employment or union attorney to help them in the case.
If a marital separation letter is signed dated and notarized does that make it legal?
No, a marital separation letter is not legal until it is filed with the court system. It also must be signed, dated, and notarized.
Can a trespasser sue a landowner for assault?
Probably not. Since you were a trespasser, you had no right to be on the property. A landowner may use reasonable force to remove a trespasser from his property. And, depending on the nature of your trespass, you will not be looked at favorably in the courts should you choose to sue.
What can you expect in a sexual harassment lawsuit if you are the plaintiff?
In reality, the answer often depends on the size of the company, their assets (deep pockets), and the perceived validity of the claim. Smaller companies -- espeically ones with few assets and not a lot to lose -- may turn hostile and, if this is the case, the plaintiff should consider looking for work elsewhere. Note that this is not a statement about whether this is right or wrong, but simply an observation. Larger companies with significant assets, when confronted by what they perceive to be a valid claim will typically take instant action. The alleged perpetrator will typically be required to receive counseling at the very least, and someone, often from HR, will be assigned to observe for future occurrences. Stronger sanctions, up to and including instant termination are also possible. Usually, the company will talk to the plaintiff and attempt to come to a polite resolution that appeals to everyone. This will typically involve convincing reasons the plaintiff can expect no recurrence of the problem. If the plaintiff has made a legitimate claim, and is then discharged in retaliation, the company can easily become liable to civil and, in some states, criminal action. Note that "whistleblower" laws, which vary from state to state, may well apply. If this happens, the claim will be examined, either by agency or a court of law and, if the claim is determined to have merit, damages may be assessed, as well as fines. Further, the matter may be turned over to other agencies and even the DoJ for review. In an actual civil suit for damages, the defense will hope to focus on questioning the validity of the plaintiff's claim. Typical (and sometimes accurate) defenses are that the degree of harassment was minimal or wasn't actually harassment, the victim was unclear about her feelings on the matter, or the victim was not actually harassed but instead invited this behavior. I believe that this sort of defense is as much intended to accurately assess the facts of the case as it is to wear down the plaintiff. Make no mistake -- unless the harassment is in absolutely no question (e.g. has been witnessed by others on numerous occasions, was perpetrated by the plaintiff's supervisor or person in authority, etc.), such a lawsuit is work. However, in overt cases, the courts have been very responsive. BE ADVISED: The well-meaning opinion of a friendly layman is not a substitute for real legal advice from a real lawyer :} I'm no lawyer and this is not legal advice. The Federal Equal Employment Opportunity Commission (EEOC) might handle this on its own if you want it to or you can file a complaint in the Federal District Court. Go to www.eeoc.gov to see info on sex harassment suits. You'll see differences and standards of proof for both direct and indirect sex harassment. One element that is sometimes tough to prove is that the harassing conduct is "unwelcome." That has to be proved. Many times workers do not want to rock the boat or get anyone in trouble, as with indirect harassment, so they ignore things hoping they will go away. When they don't, the harasser claims he/she didn't know what he was doing was unwelcome. That can be fatal to even a valid sex harassment case.
What rights do supervisors have?
I was accused of putting my hands on a employee, by some one else. the person that I supposedly did it to said she was lying, but I got written up. what can i do
Filing an answer in 30 calendar days or 30 business days to file an answer?
Thirty business days from the time it is assumed the person received the summons that is generally presumed to be 5 days after it has been issued.
Yes.
You must show you have suffered damages. The downside is it unlikely a person who commits a criminal act has the financial resources to reimburse the plaintiff/victim.
45 US states have laws in place to allow a crime victim to initiate a lawsuit for damages, although the majority of these laws pertain to physical and/or emotional harm.
Most people are covered by insurance when a crime relates to the taking of items from a home or apartment, if such is the case filing a lawsuit would likely not be beneficial to the victimized person.
The best option is to consult with the prosecuting attorney's office about the possibility of the judge ordering restitution to the victim as part of the sentencing process.
Is it possible for the same wrongful act to both a tort and a crime and explain your answer?
Simple answer: Refer to the O.J. Simpson case.
What is the Difference between civil and criminal tort liability?
Criminal negligence is an act of negligence that results in a crime-such as involuntary manslaughter which are tried in a criminal court. Tort negligence is negligence thought of as a "civil wrongdoing" which is addressed in civil courts.
What is a landlord's responsibility for mold problem in California?
]\ what is a landlords responsibility for mold problem im California
What can you do if an employee spreads rumors?
* If the rumors are about you and damaging your character then face them and tell them to stop! If they refuse then you can sue for 'defamation of character' or, you can go to your Superior and let them know about it. No one has the right to ruin another person's reputation if the gossip is not the truth. If you confided in a person and they are maliciously spreading rumors you still can do something about it.
Vicarious liability
What is the statue of limitaions on a speeding ticket in Banff Canada?
Normally there is not one for tickets. Statute of Limitations is to prevent someone being accused of something years after it happened when witnesses are not available and memories are not fresh. A ticket eliminates this issue. Once a ticket has been issued, there is no requirement that there be any sort of time frame associated with resolving it. As laws vary form place to place, you would have to check with the issuing authority in Banff to resolve this citation.
An assault is to threaten with words or take a swing at a person either with your fists or an object. Battery is actually hitting the person.
Can you be sued for sharing information from a personal and confidential letter?
(in the US) ANYBODY can sue ANYONE for ANYTHING.
Disclosing information contained in a 'confidential' letter to someone else,is not a criminal offense, unless it involved divulging government classified material - OR - it involved opening someone else's mail (a violation of US Postal Regulations).
Where is small claims court in Sonoma County California?
Sonoma County's small claims court is at 1450 Guerneville Road, Santa Rosa.
A "motion of relief of stay" is an action filed to have the debt in question released from bankruptcy proceedings. A creditor has the right to petition the court to keep the debt from being discharged in bankruptcy. If the BK is a joint filing, the creditor can decide to "go after" one of the filers, if they believe that person has the means to repay the debt. And has non-exempt property that can be attached in a judgment. A person can file BK and motions associated with the filing without an attorney. One needs to be well informed in BK laws, state and federal. And be very accurate concerning with documentation and procedure. The person is under oath and should be extremely careful with the information that is presented to the court.
That sounds like grounds for malpractice. An attorney that you hire should always act in your best interest and consult with you before taking any such severe action.