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Torts

Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.

1,093 Questions

You have a default judgment against you for money owed can they put lien on bank accounts?

Yes, any type of judgment will allow the creditor to levy on the debtor's bank accounts. Since it is a default judgment, it might be possible to apply to the court to have it set aside, if the circumstances are right.

What if you don't want to go to school do you have have to go?

Yes, you have to go to school, or your parents have to make other arrangements for your education, it's the law. Some parents do want to educate their children themselves at home for religious or other reasons but they have to arrange for their children's education and enter a home schooling program. There would still be tests and studying and home work. There is no way to escape schooling! Since home education is a lot of extra work for parents and many parents don't have the time because they have to go to work or have other small children to take care of or they don't have the education to pull it off most parents realize that they have to send their kids to school.

My question for you is why don't you want to go to school? Are you being bullied? Are you having problems with school? Do you think the teacher doesn't like you?

If you are afraid and you are being bullied, it's important to tell a trusted adult at school like a counselor or your teacher and tell your parents. Adults are more aware than ever of the problem of bullying and will try to help you. You don't have to put up with that! If you are having problems with the work, tell your teachers and ask for extra help. And go to it when they offer it. Believe me, sometime it seems like the teachers don't like you but they really do! Teachers like kids, although sometimes they get aggravated when kids don't behave. Good luck to you, honey!

What does aid in execution mean?

Something in "aid of execution" is a court pleading or action to do something to enforce a court judgment. Enforcing a judgment, whether one for money damages or for eviction, is done by execution on the judgment. A judgment holder on a debt can execute the judgment by attaching the defendant's assets or garnishing salary. One way to force payment is to execute or levy on a defendant's assets. Sometimes the location of those assets is unknown and a court will give the judgment holder the right to bring the defendant in to declare his assets and tell where they are. Not every state will do this. The judgment holder applies for an order to compel the defendant to appear. This in an effort to aid in the execution of the judgment. hence the phrase.

What is a level 23 federal offense?

The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted felons in the United States federal courts system. Offenses have base levels; murder for example is 43 but this number can be increased or enhanced depending on the circumstances. Another example: solicitation to committ murder is 33 but if the person stood to gain financially or some other way, it is enhanced by 4 to 37. If you want to read the guidelines manual, its 583 pages! 23 or 2-3? The federal prison system has custody levels 1 thru 5. A 2-3 custody level is a medium security prison.

When a defendant lives out of the state where the lawsuit was filed can he still be deposed in the state where the suit was filed or in his hom state?

If you have appeared in that lawsuit by an attorney then you must appear for a deposition. As an example if you live in New Jersey and you had an accident in New York and a lawsuit was filed in New York and your lawyer has appeared for you in New York then you must appear for a deposition. If you have not appeared in the lawsuit then you do not have to appear for a deposition in the other state. For more information contact us at http://www.eglaw.com

Can you file a lawsuit against voters?

No. Voting rights are one of the things that people should not take for granted.

Yes. Politicians have sued voters for attempting to impose term limits.

Can a company sue you for defamation of character?

Your boss probably could if they were either really moody or you had a horrid personality.

If you fell in the hotel shower can you sue for negligence?

You will only have a successful lawsuit if you can prove that the hotel was negligent. My first question would be: "Why did you slip and fall?" Was there wax on the shower floor that made it slippery? Did you lose your footing and have no handrails to grab on to? Was the shower improperly designed as to create an unreasonable risk of injury? Merely slipping and falling in the hotel shower does not necessarily mean the hotel was negligent and/or liable for your injuries.

Because there are many theories of negligence that could apply to your case, and the law regarding slip and fall cases varies from state to state, you should contact a personal injury attorney in the jurisdiction where the hotel is located. I suggest that you choose an attorney who specializes in slip and fall (premises liability) cases. You can find a listing of these attorneys through any reputable online phonebook or through the American Bar Association. See the below link.

Who is exempt from defamation?

Assuming you mean "who is exempt from liability in a cause of action for defamation", that answer is 'those who are telling the truth in the purportedly-defamatory statement or assertion'.

Truth or factuality of the purportedly-defamatory statement or assertion is an affirmative defense to the claim.

It's more difficult, but certainly not impossible, to defame "public figures", because an additional element of "actual malice" or "New York Times malice", from the SCOTUS case of New York Times v. Sullivan, is added in cases involving plaintiffs who are deemed to be public figures.

What are the penalties for defamation of character and invasion of privacy in Canada?

Defamation and invasion of privacy are, most of the time, a civil case and therefore penalties vary widely but are usually monetary compensation.

Can an action in torts be brought against a dead person?

First off, you want to check with a lawyer in your jurisdiction to find out the statute of limitiations on a tort where you are. For example, in my jurisdiction, the statute of limitations is 1 year from when the plaintiff (you) knew or should have known of the tort at issue. If you're within the statute of limitations where you are, you would bring suit against the dead person through their estate or their heirs, depending on whether the dead person's estate has been probated. But the short answer to the question is that death does not insulate or protect a party from liability. You can still bring suit. Though this is certainly a question for a lawyer in your jurisdiction. Most lawyers will give you a free consultation to lay out the facts of your case and tell you whether or not you can proceed with a lawsuit. What's more, most plaintiff's lawyers work on a contingency basis, which means that you don't pay them anything in fees. Rather, they simply take a percentage of whatever settlement or verdict you receive from the defendant. And if you're not awarded anything in either settlement or verdict, you owe the lawyer nothing. So, I urge you to contact a law office in your area, make sure they offer free consultations, and meet with the lawyer with the facts of your case.

Back of speaker it has an input section what does it mean?

means that speaker it is input device cause it give sounds out .that what i have learned as student now

My lawyer dropped my case?

If you are asking if an attorney may legally withdraw from a case, then yes, he or she generally may do so.

Whether or not the client can obtain a refund of expenses or has a viable suit for damages depends upon the circumstances of individual cases. Presumably, the attorney would not have accepted the case if he/she did not feel that there was validity to the claim, but as the case develops, it may become clear that the facts or the ability to prove the case was not as the client represented them/it to be. Indeed, an attorney has an ethical obligation not to accept a case that does not have factual or legal merit. That is not to say that it is unethical to advance a novel theory, but the attorney must be circumspect and recognize his/her duty to the system as well as to the prospective client.

An unused cost deposit in a civil case (such as to cover anticipated court reporter expenses) would be generally be refundable. Likewise, the unearned portion of a fee retainer would be refundable, although it is often a point of contention as to what is and what is not "earned". It is easier to make that determination when hourly fees are involved, as distinct from contingent fees. As to the latter, the determination is often made on a quantum meruit basis, meaning that there may be a dispute, and perhaps the need for a hearing, as to the value of the services relative to the results obtained.

If the matter is in litigation (that is, suit has been filed), or if the matter is criminal in nature, the attorney will have to seek leave of court to withdraw. A motion (formal written request) will have to be filed, and a hearing will normally be required. The court will have to be convinced that the parties will not be prejudiced by the withdrawal, even to include the undue delay of the case (which may have an impact on witness availability). Generally, the closer the request is made to the time of trial or other adjudicatory hearing, the less likely it is that the request to withdraw will be granted.

What are tortes?

Tortes are similar to sponge cakes but rely on ground nuts or crumbs to replace some or all of their flour

Are there any class action suits against Better Trades?

After a quick search, I do not see any class actions filed against Better Trades. Good luck.

Perhaps we should start on. I think you only need to have 5 people involved to get on started.

What is the statute of limitation in California for medical malpractice?

Medical malpractice actions must be commenced within 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first.

Can you settle auto personal claims without going to court?

Yes, and it frequently happens. When an accident happens, the injured person normally has 2 years before it has to file suit and some of this time is used to try to settle the matter before filing a lawsuit. The usual process is the person who caused the accident notifies his insurance company and gives it the details. The injured party sees a lawyer about suing. When the injured person is about done with treatment and it is known whether future medical treatment is needed, his lawyer is ready to put a dollar value on the injury. The lawyer will advise you or your lawyer of the amount of money they intend to sue for, but will offer the insurance company a chance to settle before that. The insurance company reviews the claim and the facts of the accident and injury and determines what it is willing to pay prior to suit being filed. A lawyer for the insurance company tells the other lawyer what they will pay at this time. If everyone is satisfied with the amount offered, it is accepted. Everyone signs appropriate releases, the money is paid and that is that. If the amount is unaccpetable, suit gets filed, but the negotiations starts again and the suit might be settled before the trial date.

What is re-docket?

It could have several meanings. One would be that a lawsuit is restored to the active docket, meaning list of active cases, after having been dismissed. Or it could mean that a judgment is being re-docketed, meaning it is being re-added to the judgment docket, because the effective date has passed. In many states a judgment is a lien for a certain number of years only. After that time it is no longer a lien, however, the lien can be renewed as a lien by being re-docketed.

What does a no trespassing sign protect the owner from?

Unauthorized persons on the property. Some states only enforce the law if it is posted, hence; the sign.

Why children don't go to school?

There's no school near where they live, they might be barred from attending school, because they are women, or belong to a minority religion, or skin color. They are forced to work to support the family. They have abusive parents. They ran away from home, and can not go to school, because they have to find a way to live. There country might be at war and it is too dangerous to go to school, such as Syria. Most children on the planet Earth can usually go to school, but, that is not always the case.

What is penalty for trespassing in Indiana?

Criminal trespassing is a Class A misdemeanor. It carries 6 mo. probation if you've not been in trouble before. My son was charged with it for burning his ex-gf's letters on the railroad tracks.

Is a notary legally binding?

A notarized document is not necessarily a legally binding document. A properly written and properly signed and propely notarized document may help you in court, but the only thing a notarized document proves is that the people who signed the document were who they said they were.