Torts

I recommend checking with your Union rep first, but yes you could. You probably won't get anywhere unless you have lots of documentation.

== The situation sounds like this character is sabotaging your efforts. Efforts to get this taken care of in the courts may take up several years and hours of your time, not to mention worry and stress. Another possibility, but less satisfying on some levels, is to walk away. Leaving on your own terms and in your own time is wonderful. You can show class. Obtain a job in another district where the culture does not allow this sort of behavior. If you find that the district supervisor is affecting your success in being hired elsewhere, then you will have to take steps. However, most of these people are satisfied with just running you out.

A Chapter 7 debtor can move to dismiss the cause for cause, but he or she must demonstrate that the dismissal will not be prejudicial to the creditors in the case. A chapter 13 is easier to dismiss, so could trying converting to a 13 and this dismissing the Chapter 13. Now SHOULD you do this? That depends on a number factors, including how much money you can get by selling the property privately without violating the creditor's rights.

The responsibility rests with the owner of the property on which the rotting tree is standing. However, the person whose property is damaged may have the burden of proving the tree owner knew it was a hazard (foreseeable versus merely potential) and that the damage was caused by negligence rather than an "act of God". A person is responsible for insuring his or her own property for damage caused by unforeseen accidents.

Perhaps they can if you signed a neighborhood association contract promising not to do that. Answer Yes, a neighbor can ask you to move. (But do not confuse this with him forcing you to move.) And one person can indeed bring an action against another for just about any reason in this day and age, including issues over animals. Let's look in on this. Most communities have codes that speak to noise and sanitation issues regarding dogs (or other animals). If there is one or more code violations for which you (and your dogs) are responsible, then a neighbor can complain to the county animal services people. That's law, but there is usually a fairly broad range as regards what is and is not allowed. And decisions by county officials can sometimes be a bit subjective. If you have done what you can to minimize the effects of the dogs on your neighbor, they often cannot act. Has your neighbor made any complaints to officials? In writing? And what has happened? Did you get a letter? Write one yourself? Some people who complain will, after speaking to you directly, complain to officials and attempt to "get the law on their side" in the issue. These official complaints can be used as a type of springboard to civil action. If your dogs present a nuisance to a neighbor or neighbors, then a claim can be made in civil court that the dogs are noisy, smelly, flea-infested, or anything else that the neighbor can think of. This is separate from complaints to the county animal people. And if a neighbor hires an attorney or appears in small claims court naming you as the defendant then you'll have to respond. Whether or not you own the home, the above will apply. If you are a resident in an area with an association, as noted in the first post, you will have to respond to a complaint there. If you do not own the property but rent or lease it, then the issue will doubtless come before the owner. This is something you will have to prepare for if your name is not on the deed. It is probable that you have already taken steps to minimize the impact your dogs have on neighbors. But you will have to take a hard look at the law (almost always county codes, but city codes may apply) where you live. This is something you can do yourself. And you can get "advice" from an animal services employee as regards what you can and cannot do (as long as you just "chat them up" and don't ask for legal advice - which they cannot give). The best situation is the one where neighbors can resolve issues between themselves. Arbitration might help in this respect. Sometimes officials step in and set the limits for action, but with issues over animals, there is a lot of latitude in what the officials will or will not do. The court will make decisions where the sides cannot and a case is brought. Best of luck sorting this one out.

A cause of action is sometimes defined as the legal basis upon which a claim for damages or other relief rests. Sometimes it refers to the claim itself. The word "action" refers to the actual lawsuit.

You go armed with photographs and evidence of the shoddy or incomplete work. WARNING: Small claims court is just like ALL courts - letters - recordings - and other hearsay evidence is not admissable. If you need to bring in other person's testimony they must appear in person.

Only if their is debt that is owed and not settled prior to a suit being filed. If a creditor finds this out they can attach a lien to it, otherwise it should not be unless the case was ongoing and settled prior to death. I am not a lawyer. Maybe you should ask a probate lawyer other then the one handling the estate. Not the wrongdul death. But remember that in just about every wrongful death action, there is an accompanying Survivorship Action. The recovery in a wrongful death action is not a part of the decedent's estate; but the recovery in the Survivorship aspect of the lawsuit is part of the estate. The reason is that the damages in a wrongful death action belong to the dependents of the decedent. The injured parties are the decedent's dependents because they have been wrongfully deprived of the income and support that the decedent would have provided them had he not been wrongfully deathed, ummm killed. As to the "survivorship action" (at least in NJ; other states may call it something else, but it is still the same thing) it is basically for pain and suffering the decedent experienced while being wrongfully killed. It is no different than a living person suing for pain and suffering after a car accident, except no further treatment is needed. Juries are asked to apportion their verdict giving some of it to the wrongful death claim and some to the survivorship claim. Wrongful death damages are usually calculable by taking the decedent's income and multiplying it by the number of years he would be expected to live on average. The jury then adds more money into the award for the pain and suffering the decedent went through. That amount is taxable because the damages were to the decedent. If he had lived through the accident, and been awarded damages for pain and suffering those damages would belong to him. If he were to die of some other cause later and the money still in his bank, they would be part of his estate.

I suppose it is possible. Be aware that to prove your case would probably take expert testimony by doctors and psychiatrists to substantiate your claim. This is an expensive task and unless you are intend to receive a LARGE settlement, it is probably not worth the time, expense, and effort. Consult with an attorney for a realistic evaluation of success.

Depends upon the Limitation Act applicable in the jurisdiction were the cause of action lies.

Depends on what kind of case you have against them. Consult with a criminal lawyer or Intellectual Property lawyer to see if you even have a case.

If both a passenger and a bus driver were drunk on the bus, they can both find themselves in trouble for public intoxication. In addition to that the driver could lose his job and license for drinking and driving.

Yes, if certain facts apply: First, If the two complaints are against the same defendant but arise from separate incidents you may even be required to file the two claims in one complaint. Courts do not want to be bothered by one complaint on one subject then another on the other when the same two defendants are before the court. In some courts, failure to file both claims together might result in the claim agasint the defendant that was not joined being forfeited. Second, if the two complaints are against two different defendants but arise out of the same incident, you probably are required to file them in one complaint. This is also to prevent a waste of time trying two cases when they can be done in one. Again, the claim against the defendant who was left out might be forfeited for not being included. Third: If the complaints are against separate defendants arising out of separate acts, then you will not be able to file one complaint. Unless there is some common issue, it makes no sense to try them together.

A slip and fall injury is one suffered when slips on something and falls down, perhaps breaking an arm or leg or twisting a joint. Slip and fall cases are like when someone steps into a puddle of ketchup in the grocery store aisle after someone dropped the bottle then left without telling anyone about it. This is a tort. The person who dropped the bottle might be sued for not having it cleaned up and the store might be sued for failing to notice it, thereby not preventing a dangerous situation when it has a duty to do so to its customers.

The maximum amount of damage recovery for a small claims suit is $5,000. The state establishes the laws regarding monetary recovery, therefore, the maximum amount would be the same in any Florida small claims court.

Criminal law is crimes against the state and can be punished by imprisonment.

Contract law is civil law and not punishable by imprisonment and is generally resolved with a judgment if the complaint is upheld.

the torts that the plaintiff does not need to prove actual damage

If the property is posted with no trespassing signs that means the owner is serious and will seek arrest and prosecution of anyone who enters without permission. Criminal trespass law is enforced by police, sheriffs, or park rangers. The penalties may include incarceration, fines or probation. Civil trespass requires that the landowner initiate a lawsuit in court to collect any damages for which the trespasser may be responsible. The laws vary in different jurisdictions and the outcome depends on the details.

You can sue if you burnt your hair in a store if the owner was negligent. In order to win your case, you have to prove that it was the store owner's fault.

You will need to file a "motion to dismiss." Don't forget to serve your motion on the trustee and us trustee. Unfortunitely, you do not have a "right" to dismiss your case. The court will typically set a hearing to hear your reason for the request. Don't be surprised if your trustee objects to the dismissal if there are assets. (They receive a percentage of the value liquidated). The court may also dismiss your case if you have not complied with all of the filing or fee requirements.

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Your next step is to file suit against the store if the owner denies your claim. If your damages are $15,000 or less and the suit is in Georgia then you can file in Magistrate Court.

A line of military soldiers defending

The protection offered by an LLC depends on many factors. First, where are you establishing the company? Second, is the LLC adequately capitalized (does it have its own assets to operate, or is it just a front for an individual). Do the officers and directors of the LLC follow the requirements of their state in terms of management of the LLC: do they hold regular meetings of the board, with minutes and votes as required? An LLC without the assets and formalities may not provide any protection to its owners at all. Property capitalized and run, however, an LLC can protect its owners from personal liability for those debts of the company (again, varies by state).

Yes you can sue for wrongful suit or virtually anything where someone has done you damage. Keep track of your damages, time spent dealing with this and the emotional distress that goes with it making you unable to focus on your normal work damages can add up.

Form 1.997 civil cover sheet how do I fill it out.