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When and why the supreme court would have jurisdiction over a state court case in which the defendant claims his civil rights were violated?
A violation of a person's civil rights is direct infringement on a person's protections granted by the US Constitution, in which case The Supreme Court has a duty to uphold the Constitution and full jurisdiction in the case.
What else can I help you with?
How can you take someone to small claims court in Las Vegas NV if they live in Woodland Hills CA?
Most small claims courts require you to file where the defendant resides. To find out what the case is in your jurisdiction, contact the clerk of court where you live to see if you can file against an out of state defendant there.
Claims against the US Government must go to the?
The United States Supreme Court has jurisdiction over all claims against the federal government. The Court has original jurisdiction which means the case does not go through other courts first.
How do I write a small claims complaint?
To write a small claims complaint, you need to include your personal information, the defendant's information, a clear description of the issue, and the amount you are seeking in damages. Make sure to follow the specific guidelines provided by the small claims court in your jurisdiction.
Do you have to give deposition at defendants lawyer's after filing small claims suit?
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
Can a wittiness claim the fifth if the defendant claims he is not guilty?
yes
Waiver of jurisdictional defenses?
I believe this falls under 'change of venue'. A defendant or the prosecution may ask a judge to change the venue or to change the jurisdiction where the case is being prosecuted. This may be the case if a defendant believes he may get a fair trial. A jurisdictional defense is one based on whether the court has jurisdiction over the defendant. For example, if one has to be personally served but was served by some other, unauthorized means, the court may not have jurisdiction over that person. In other words that person has a jurisdictional defense to the action. If however, the person appears in court and does not raise the jurisdiction issue, he/she has waived that defense. Here's how this plays out. A plaintiff claims to have served a defendant with process. Once the defendant does not answer within the time prescribed by law, the plaintiff would then move for a default judgment. The defendant become aware of the default judgment when the plaintiff attempts to execute on it (e.g., restrain his bank account...) The defendant then files a motion/order to show cause asking the court to vacate the default judgment. The plaintiff agrees to vacate the judgment provided the defendant "waives jurisdictional defenses,"i.e. lack of personal service.
Which type of a defense is an attorney using when the attorney claims that the defendant's actions were necessary to ensure the defendant's physical safety?
alibi
What are two restrictions placed on cases in small claims court?
1. Subject-matter jurisdiction: The amount of money or property in dispute may not exceed the statutory jurisdiction for small claims cases. 2. A judgment may not be entered against a defendant absent lawful service of process. That is, the court must have "personal service" over the person or entity sued. Note that this is a requirement of law in all cases.
How does Subject-matter jurisdiction apply to litigation?
Subject matter jurisdiction is the authority of a court to hear the type of case that is brought before it. It is jurisdiction over the type of claim brought by the plaintiff. For example, a small claims court only has subject matter jurisdiction of claims up to a certain dollar amount. Federal courts have jurisdiction over claims involving federal laws.
What is the jurisdiction of the is court of federal claims?
Cases involving claims of the people against the United States
When a defendant admits to committing the act in question but claims it was necessary in order to avoid some greater harm the defendant's defense is?
Justification
When is actor sequitur forum rei rule applied?
Literally in Latin it means - The actor (performer) must follow the forum of the thing.In legal use - The plaintiff must follow the forum of the thing in dispute or the suit.Which means - When seeking a determination in a dispute, the person making the complaint must use the procedures for jurisdiction of the person who is defending themselves. bouvier()Applied when a suit is presented in the wrong venue.
