Tuesday, August 24, 2010
If I fire my attorney in a civil case and being the Plaintiff , can I ask the judge to extend to aquire new?
The extension is called a ';continuance.'; You can ask and the court may or may not grant it. If the judge thinks you are doing it just for delay, or if there have been other continuances, or if you wait until the last minute and the other side has witnesses who have been inconvenienced, then the judge will probably deny the continuance. If you do it well ahead of time, and give some good reason for your decision, and it does not hurt the other side, then the judge will probably grant it.
Is stalking someone a criminal case or civil case?
Thank You. By the Way i am not stalking some one i am doing homework on www.canlii.caIs stalking someone a criminal case or civil case?
It's a criminal matter, usually a misdemeanor, but in 13 states, stalking is a felony.Is stalking someone a criminal case or civil case?
Criminal because the person poses a threat to anybody in society because of their obsession. Although if the person were to report being stalked it could lead to a civil case if the person strongly believes they need compensation for worrying all the time about being stalked.
It is probably both, depending upon the jurisdiction. It could be prosecuted as a criminal offense, and the victim could also sue for civil remedies.
Stalking is a criminal offence and is covered under section 264 of the Criminal Code - Criminal Harassment.
Well, I would hardly call stalking a contract violaton....
It's a criminal matter, usually a misdemeanor, but in 13 states, stalking is a felony.Is stalking someone a criminal case or civil case?
Criminal because the person poses a threat to anybody in society because of their obsession. Although if the person were to report being stalked it could lead to a civil case if the person strongly believes they need compensation for worrying all the time about being stalked.
It is probably both, depending upon the jurisdiction. It could be prosecuted as a criminal offense, and the victim could also sue for civil remedies.
Stalking is a criminal offence and is covered under section 264 of the Criminal Code - Criminal Harassment.
Well, I would hardly call stalking a contract violaton....
Where can I find the judicial process/procedure of a civil and criminal case?
Our teacher gave us some vocabulary words and told us we had to put them in the correct order of how a civil and criminal case would go. We had to made a flow chart out of the words. Some words would be used twice. I just can't find anywhere on the internet where it has the process that takes place in a court... I know it ends in a verdict, but thats all..
Here are the words:
Arraignment
Civil
Defendant
Liability
Subpoena
Injunction
Opening STatement
Complaint
Acquittal
Closing Argument
Discrover
PLea Bargain
Tort
Warrant
Sentence
Answer
Appeal
Criminal
Grand Jury
Verdct
Venue
Information
Diliberation
Summons
Bail
Damages
Indictment
Restraining Order
Booking
Trial
and Preliminary Hearing
NOt all the words have to be used, but I think most of them do, and I have to put each words into either a criminal or civil chart showing the order that a trial goes in....Where can I find the judicial process/procedure of a civil and criminal case?
http://pages.prodigy.net/tetrasulfide/ju鈥?/a>
http://www.judicial.state.ia.us/public_i鈥?/a>
http://en.wikipedia.org/wiki/Civil_proce鈥?/a>
http://www.judicial.state.ia.us/Public_I鈥?/a>good eyeshadow
Here are the words:
Arraignment
Civil
Defendant
Liability
Subpoena
Injunction
Opening STatement
Complaint
Acquittal
Closing Argument
Discrover
PLea Bargain
Tort
Warrant
Sentence
Answer
Appeal
Criminal
Grand Jury
Verdct
Venue
Information
Diliberation
Summons
Bail
Damages
Indictment
Restraining Order
Booking
Trial
and Preliminary Hearing
NOt all the words have to be used, but I think most of them do, and I have to put each words into either a criminal or civil chart showing the order that a trial goes in....Where can I find the judicial process/procedure of a civil and criminal case?
http://pages.prodigy.net/tetrasulfide/ju鈥?/a>
http://www.judicial.state.ia.us/public_i鈥?/a>
http://en.wikipedia.org/wiki/Civil_proce鈥?/a>
http://www.judicial.state.ia.us/Public_I鈥?/a>
I received a witness subpoena for a deposition in a civil case, what can I expect when I get there?
either the lawyer or the paralegal will ask a bunch of questions as to what you saw and so on and so forth. usually they ask the same questions different ways several times . takes about an hour. painless and if they think you will help their case they may end up calling you as a witness if it goes to trial. they usually try to settle out of court and if you depo is strong the other side will usually fold and cut their losses.I received a witness subpoena for a deposition in a civil case, what can I expect when I get there?
You will be asked to relate your experience of the event as it pertains to the case and sign the statement. If the case goes to court, you might be asked to testify under oath.
You will be asked to relate your experience of the event as it pertains to the case and sign the statement. If the case goes to court, you might be asked to testify under oath.
In a civil court case, what does the ';Disposed Date'; mean?
That is resolved, or cleared? Closed?In a civil court case, what does the ';Disposed Date'; mean?
In civil courts the suits are either decreed (includes the partial decree of the claim) or dismissed. These are not disposed. However an interlocutory application filed by any of the party to the lis can be disposed of and the date on which the orders are passed the same is called the disposed date.In a civil court case, what does the ';Disposed Date'; mean?
Yes. All of those.
It's the court's final determination of a lawsuit or criminal charge.
In civil courts the suits are either decreed (includes the partial decree of the claim) or dismissed. These are not disposed. However an interlocutory application filed by any of the party to the lis can be disposed of and the date on which the orders are passed the same is called the disposed date.In a civil court case, what does the ';Disposed Date'; mean?
Yes. All of those.
It's the court's final determination of a lawsuit or criminal charge.
Is this a civil or criminal case, when a medical assistant calls in a Rx for a patient and the patient dies?
The doctor is not in the office. the patient calls the office complaining of pains, the medical assistant calls a perscription in to the pharmacy. later the patient has a allergic reaction, rushed to the hospital and dies, would this be civil case or a criminal case?Is this a civil or criminal case, when a medical assistant calls in a Rx for a patient and the patient dies?
I think the patient should have gone to the emergency room complaining of the pains. People die, I don't see the correlation between alleged neglect and your person dying. How would the medical assistant know? How would the pharmacist know of an allergic reaction? It's unfortunate, but I wouldn't count on becoming rich. Is this a civil or criminal case, when a medical assistant calls in a Rx for a patient and the patient dies?
Possibly both. The criminal side would be dispensing a prescription without a license and practicing medicine without a license.
That is unless we're talking about a nurse-practitioner which is a different story.
As for the civil side, its called negligence.
This is all assuming of course that the doctor did not know anything about it and the assistant was acting on his or her own volition.
Well, to begin with the medical assistant would not be calling in a prescription without an order from the doctor, this would be prescribing without a license. If that actually occurred this medical assistant has a LOT of problems to cope with. This would then become a criminal case.
Could be both really, they could come up with involuntary manslughter or something like that.
Definite civil possibilities too - wrongful death
Criminal.
uh, i THINK it's criminal - negligent manslaughter, maybe.
Need the money eh?
I think the patient should have gone to the emergency room complaining of the pains. People die, I don't see the correlation between alleged neglect and your person dying. How would the medical assistant know? How would the pharmacist know of an allergic reaction? It's unfortunate, but I wouldn't count on becoming rich. Is this a civil or criminal case, when a medical assistant calls in a Rx for a patient and the patient dies?
Possibly both. The criminal side would be dispensing a prescription without a license and practicing medicine without a license.
That is unless we're talking about a nurse-practitioner which is a different story.
As for the civil side, its called negligence.
This is all assuming of course that the doctor did not know anything about it and the assistant was acting on his or her own volition.
Well, to begin with the medical assistant would not be calling in a prescription without an order from the doctor, this would be prescribing without a license. If that actually occurred this medical assistant has a LOT of problems to cope with. This would then become a criminal case.
Could be both really, they could come up with involuntary manslughter or something like that.
Definite civil possibilities too - wrongful death
Criminal.
uh, i THINK it's criminal - negligent manslaughter, maybe.
Need the money eh?
Is there an organization that helps with legal costs for civil rights cases?
My former employer told me, at least twice, to not hire too many blacks and to not put them together at the worksites. I was also told to not hire too many men and to not place them together too much. My coworkers %26amp; I had to work overtime for years without OT compensation : when I complained, I was threatened with termination. I have been slapped in the head, objects thrown at me in anger, etc. I've quit my job and filed both state %26amp; federal complaints.
My former employer, when I turned in my resignation-notice, asked me how much they owed me in OT for the last 3.5 yrs. then shuttled some $ into my direct-deposit bank account.
However, they just brushed me off and refused to do mediation in anything, even after I got an attorney. The attorney says I have a strong case, but thinks the EEOC will not pursue the matter due to low funds for that. If so, I would need $4,500 for the attorney, then he'll take the rest of his fees out of any $ awarded. What org. will help?Is there an organization that helps with legal costs for civil rights cases?
Try the ACLU and NAACP websites
My former employer, when I turned in my resignation-notice, asked me how much they owed me in OT for the last 3.5 yrs. then shuttled some $ into my direct-deposit bank account.
However, they just brushed me off and refused to do mediation in anything, even after I got an attorney. The attorney says I have a strong case, but thinks the EEOC will not pursue the matter due to low funds for that. If so, I would need $4,500 for the attorney, then he'll take the rest of his fees out of any $ awarded. What org. will help?Is there an organization that helps with legal costs for civil rights cases?
Try the ACLU and NAACP websites
Can a Summons in a Civil Case be served to a Private Mail Box?
In some states (not all) you can if the respondent is out of state. In some states you can also send a waiver of service and if the respondent signs it (which they almost NEVER do) it constitutes service by mail.Can a Summons in a Civil Case be served to a Private Mail Box?
Not normally.
Under certain circumstance the Court may allow it, but you'll probably have to file a motion and get an order from the Court.
Most courts have rules regarding service of summons. Generally, it has to be served in person. If not, there may be alternative means, and if you have no other ability, the Court will allow you to publish to effect service.
** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **Can a Summons in a Civil Case be served to a Private Mail Box?
No. All court summons must be served in person
by a process server of the court.
Not normally.
Under certain circumstance the Court may allow it, but you'll probably have to file a motion and get an order from the Court.
Most courts have rules regarding service of summons. Generally, it has to be served in person. If not, there may be alternative means, and if you have no other ability, the Court will allow you to publish to effect service.
** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **Can a Summons in a Civil Case be served to a Private Mail Box?
No. All court summons must be served in person
by a process server of the court.
Was the Miranda v Arizona Supreme Court case a criminal or a civil law case?
I understand that he was arrested for rape, but after he was tried and found guilty of the crime he was retried due to the fact that he did not know his rights. Going to the Supreme Court, his lawyers argued that there should be a way for him to have known his rights. Was this case a continuation of the criminal trial or was it a civil trial due to the fact that it was arguing his rights were violated?Was the Miranda v Arizona Supreme Court case a criminal or a civil law case?
This was not a separate civil trial, it was the appeal of the criminal conviction. It was a criminal case.
A girl was missing and the police decided Miranda had killed her. They picked him up and drove around with him in the car questioning him, till he said he wanted a lawyer. After he said that they continued to talk about how the family needed to know if she was dead, till he took them to where the body was.
He was taken to trial, and convicted of the murder. On appeal the issue was the violation of the right to an attorney. The appeal went to the US Supreme Court, along with some other cases, less well known, and we ended up with a judicial mandate for the police to inform people that they have certain rights, and a rule that the confession will not be admissible if the cops violate them.
A really really bad guy got a conviction overturned because the cops forgot there is a constitution.
I foresee similar instances as a result of the present administration's refusal to recognize our constitutional rights.Was the Miranda v Arizona Supreme Court case a criminal or a civil law case?
Criminal.
And he was a slimy guy and came to a bad end.
Criminal....
I am not sure of the particular crime...but he was asked if he wanted to make a statement, without his rights being fully explained, and without him acknowledging a full waiver of his rights.
He confessed...His confession was admitted in evidence. The USSC found that they trial court made reversible error in admitting the evidence, and ordered a retrial without the evidence.
You answered your own question. Since the case was based on the violation of his rights and had made it to the Supreme Court it would be a civil trial.
It was a criminal case in which the police, to extract a confession, gave Miranda a dry run of his hanging. He even appeared in court and showed the rope burns to the judge, who was actually amused at the resourcefulness of the police. The argument, incidentally, was that the whole proceeding was tainted by torture. Of course, this was in the 1970s, when America was still a free country, one that was opposed to torture instead of using it as a matter of course.
It was an appeal of the criminal court's verdict.
The case he was incarcerated for was a criminal case. When he sued the state saying his rights were violated, that case was civil.good eyeshadow
This was not a separate civil trial, it was the appeal of the criminal conviction. It was a criminal case.
A girl was missing and the police decided Miranda had killed her. They picked him up and drove around with him in the car questioning him, till he said he wanted a lawyer. After he said that they continued to talk about how the family needed to know if she was dead, till he took them to where the body was.
He was taken to trial, and convicted of the murder. On appeal the issue was the violation of the right to an attorney. The appeal went to the US Supreme Court, along with some other cases, less well known, and we ended up with a judicial mandate for the police to inform people that they have certain rights, and a rule that the confession will not be admissible if the cops violate them.
A really really bad guy got a conviction overturned because the cops forgot there is a constitution.
I foresee similar instances as a result of the present administration's refusal to recognize our constitutional rights.Was the Miranda v Arizona Supreme Court case a criminal or a civil law case?
Criminal.
And he was a slimy guy and came to a bad end.
Criminal....
I am not sure of the particular crime...but he was asked if he wanted to make a statement, without his rights being fully explained, and without him acknowledging a full waiver of his rights.
He confessed...His confession was admitted in evidence. The USSC found that they trial court made reversible error in admitting the evidence, and ordered a retrial without the evidence.
You answered your own question. Since the case was based on the violation of his rights and had made it to the Supreme Court it would be a civil trial.
It was a criminal case in which the police, to extract a confession, gave Miranda a dry run of his hanging. He even appeared in court and showed the rope burns to the judge, who was actually amused at the resourcefulness of the police. The argument, incidentally, was that the whole proceeding was tainted by torture. Of course, this was in the 1970s, when America was still a free country, one that was opposed to torture instead of using it as a matter of course.
It was an appeal of the criminal court's verdict.
The case he was incarcerated for was a criminal case. When he sued the state saying his rights were violated, that case was civil.
Where can I find the judicial process/procedure of a civil and criminal case?
Our teacher gave us some vocabulary words and told us we had to put them in the correct order of how a civil and criminal case would go. We had to made a flow chart out of the words. Some words would be used twice. I just can't find anywhere on the internet where it has the process that takes place in a court... I know it ends in a verdict, but thats all..
Here are the words:
Arraignment
Civil
Defendant
Liability
Subpoena
Injunction
Opening STatement
Complaint
Acquittal
Closing Argument
Discrover
PLea Bargain
Tort
Warrant
Sentence
Answer
Appeal
Criminal
Grand Jury
Verdct
Venue
Information
Diliberation
Summons
Bail
Damages
Indictment
Restraining Order
Booking
Trial
and Preliminary Hearing
NOt all the words have to be used, but I think most of them do, and I have to put each words into either a criminal or civil chart showing the order that a trial goes in....Where can I find the judicial process/procedure of a civil and criminal case?
http://criminal.findlaw.com/crimes/crimi鈥?/a>Where can I find the judicial process/procedure of a civil and criminal case?
go to any college near you that has a law school. then go to their book store and you will find everything you need
Here are the words:
Arraignment
Civil
Defendant
Liability
Subpoena
Injunction
Opening STatement
Complaint
Acquittal
Closing Argument
Discrover
PLea Bargain
Tort
Warrant
Sentence
Answer
Appeal
Criminal
Grand Jury
Verdct
Venue
Information
Diliberation
Summons
Bail
Damages
Indictment
Restraining Order
Booking
Trial
and Preliminary Hearing
NOt all the words have to be used, but I think most of them do, and I have to put each words into either a criminal or civil chart showing the order that a trial goes in....Where can I find the judicial process/procedure of a civil and criminal case?
http://criminal.findlaw.com/crimes/crimi鈥?/a>Where can I find the judicial process/procedure of a civil and criminal case?
go to any college near you that has a law school. then go to their book store and you will find everything you need
Statute of Limitations on Civil Theft Cases (AZ)?
Back in April (2008) I went through the horrible ordeal of being wrongfully accused of theft at a store I was working at. I was fired, arrested on the spot and went through 6 months of absolute hell before I got my jury trial and was found innocent by 6 jurors on both counts.
During this whole 6 month process I received repeated letters from the company's civil lawyer demanding restitution in addition to his fees. I ignored all of these letters. I didn't commit these crimes I wasn't going to pay him and have it look as an admission of guilt.
Since being found innocent of the criminal charges I have not received any more correspondence from him. If he was smart he wouldn't pursue this any further but I am basically living in fear waiting for him to file civil charges against me. I don't want them to ';OJ'; me and I don't have the financial means to defend myself against this very deep pocketed company.
I just want to know when the time runs out for them to file against me so I can breath again.Statute of Limitations on Civil Theft Cases (AZ)?
How horrible! Statutes of Limitations for cases like this are usually around 2 years. I didn't check the AZ law b/c I'm too lazy to google it right now, but search ';Arizona, statute of limitations, tort, conversion'; and that should get you what you need specifically.
You have a suit for wrongful termination against the company should you choose to pursue it.
ADDITIONAL: A letter from an attorney does not constitute ';a civil action.'; It is nothing more than a strong arm tactic to get you to give them money for something it has been proven you have not done. Lawyers often send letters like that b/c a lot of people don't know that it isn't official or binding - and it is cheaper than filing in court. If you have not been served with a Complaint (which is an official document notifying you that you have been sued in a court) then you have nothing to worry about. If they do serve you with a Complaint you usually have 20 days to respond or a default judgment will be entered against you. THAT is the only thing that could effect your credit rating. You would have gotten notice of the judgment if that had happened.Statute of Limitations on Civil Theft Cases (AZ)?
This should fall under injury to personal property. In Arizona the statute of limitations for this is 2 years. See the Arizona Revised Statutes, Section 12-542 (sorry, I'm from Tennessee so I don't know how to correctly cite Arizona statutes).
This Civil action has not gone away unless the retailer asked them to no longer pursue it. They could be planning a law suit or have put a negative in your credit rating. You need to call these people and fix thsi or deal with months more trouble
During this whole 6 month process I received repeated letters from the company's civil lawyer demanding restitution in addition to his fees. I ignored all of these letters. I didn't commit these crimes I wasn't going to pay him and have it look as an admission of guilt.
Since being found innocent of the criminal charges I have not received any more correspondence from him. If he was smart he wouldn't pursue this any further but I am basically living in fear waiting for him to file civil charges against me. I don't want them to ';OJ'; me and I don't have the financial means to defend myself against this very deep pocketed company.
I just want to know when the time runs out for them to file against me so I can breath again.Statute of Limitations on Civil Theft Cases (AZ)?
How horrible! Statutes of Limitations for cases like this are usually around 2 years. I didn't check the AZ law b/c I'm too lazy to google it right now, but search ';Arizona, statute of limitations, tort, conversion'; and that should get you what you need specifically.
You have a suit for wrongful termination against the company should you choose to pursue it.
ADDITIONAL: A letter from an attorney does not constitute ';a civil action.'; It is nothing more than a strong arm tactic to get you to give them money for something it has been proven you have not done. Lawyers often send letters like that b/c a lot of people don't know that it isn't official or binding - and it is cheaper than filing in court. If you have not been served with a Complaint (which is an official document notifying you that you have been sued in a court) then you have nothing to worry about. If they do serve you with a Complaint you usually have 20 days to respond or a default judgment will be entered against you. THAT is the only thing that could effect your credit rating. You would have gotten notice of the judgment if that had happened.Statute of Limitations on Civil Theft Cases (AZ)?
This should fall under injury to personal property. In Arizona the statute of limitations for this is 2 years. See the Arizona Revised Statutes, Section 12-542 (sorry, I'm from Tennessee so I don't know how to correctly cite Arizona statutes).
This Civil action has not gone away unless the retailer asked them to no longer pursue it. They could be planning a law suit or have put a negative in your credit rating. You need to call these people and fix thsi or deal with months more trouble
Looking for possible civil court cases where an ex won his ';promise ring'; back?
Ok so鈥?I know there are no traditional rules to promise rings but I think it only right for my ex to give back my promise ring because she was the one who cheated on me 鈥? Anyhow my question I am looking for possible civil court cases where an ex won his ';promise ring'; back from his ex as she was only going to sell it.
I do have emails from her stating she was going to return it and also a store reciept WITH my name on it stating I was the one who purchased the ring
She is now trying to sell it online somewhere
I honestly wouldn鈥檛 care if she had not treated me like crap but she did and now she is going to sell the ring and I find it only fair to bring her through a civil court to have her return the ring if she does not do so willingly
And as I am a bit of a research noob I was wondering if any of you may be able to help find such cases.
ThanksLooking for possible civil court cases where an ex won his ';promise ring'; back?
The only cases published are APPEALATE cases... no small claims and no superior court cases.
Unlikely there is an appeallate case over a promise ring.
You should research reimbursement for gifts vs. contractual purchases.Looking for possible civil court cases where an ex won his ';promise ring'; back?
a gift is a gift.
you gave it to her, therefor its hers and there are no indian givers
Sorry but if you gave it to her as a gift then it is hers now and the courts won't force her to give it back. It was a gift point blank and it's not yours anymore. Sorry
Hi, notice the people who answer ';a gift is a gift'; are all women.... Sorry, but the law isn't based upon opinion.... Judges and Juries don't seem to care about it at least....
Though, there are remarkably few cases on things such as ';promise rights.'; My legal research overflowed with things about ';jewelry in contemplation of marriage'; and other such things. Sorry ladies, but then it actually favors the person who gave the gift.... At least, that's in my state. I don't know where you're from. The reason this is material is that law varies from state to state (assuming you're in the U.S.).
The law isn't about the saying, ';There are no 'Indian givers''; The law is generally about preventing unjust enrichment, ';there is no such thing as a free lunch.'; ';Basically, she didn't do anything for the ring...'; or so it is supposed.
However, I'd like to caution you that because it is a ';promise ring'; you have a lesser chance of getting it back. If it were an engagement ring, it could easily be yours (in Ohio). However, because it was (presumed) not in contemplation of marriage, she might have a good shot at keeping it.
Further, let's not forget the economics of it. How valuable is this thing? Will it cover the costs of the lawyer you'll need to get it back? If you stop and think about it, even if you win, you loose in most lawsuits, because attorney's fees are rarely awarded.
We had a client who got his engagement ring back last week.... engagement... not promise.... and we're talking about a diamond ring here...
In general though, be careful of letting your feelings run away with you when you give someone anything.... People love to stomp on your heart ... after you've paid.
How long ago did you give it to her?
What state do you live in?
Look up your state's Statute of Limitations on Google (example: Statute of Limitations California). Depending on how long ago it was, you probably still have a right to getting it back.
Good luck to you.
You can also print out records of your purchase for evidence. It just depends on how hard you are willing (and able) to fight for it.
P.S. Daniel has a great idea.
I do have emails from her stating she was going to return it and also a store reciept WITH my name on it stating I was the one who purchased the ring
She is now trying to sell it online somewhere
I honestly wouldn鈥檛 care if she had not treated me like crap but she did and now she is going to sell the ring and I find it only fair to bring her through a civil court to have her return the ring if she does not do so willingly
And as I am a bit of a research noob I was wondering if any of you may be able to help find such cases.
ThanksLooking for possible civil court cases where an ex won his ';promise ring'; back?
The only cases published are APPEALATE cases... no small claims and no superior court cases.
Unlikely there is an appeallate case over a promise ring.
You should research reimbursement for gifts vs. contractual purchases.Looking for possible civil court cases where an ex won his ';promise ring'; back?
a gift is a gift.
you gave it to her, therefor its hers and there are no indian givers
Sorry but if you gave it to her as a gift then it is hers now and the courts won't force her to give it back. It was a gift point blank and it's not yours anymore. Sorry
Hi, notice the people who answer ';a gift is a gift'; are all women.... Sorry, but the law isn't based upon opinion.... Judges and Juries don't seem to care about it at least....
Though, there are remarkably few cases on things such as ';promise rights.'; My legal research overflowed with things about ';jewelry in contemplation of marriage'; and other such things. Sorry ladies, but then it actually favors the person who gave the gift.... At least, that's in my state. I don't know where you're from. The reason this is material is that law varies from state to state (assuming you're in the U.S.).
The law isn't about the saying, ';There are no 'Indian givers''; The law is generally about preventing unjust enrichment, ';there is no such thing as a free lunch.'; ';Basically, she didn't do anything for the ring...'; or so it is supposed.
However, I'd like to caution you that because it is a ';promise ring'; you have a lesser chance of getting it back. If it were an engagement ring, it could easily be yours (in Ohio). However, because it was (presumed) not in contemplation of marriage, she might have a good shot at keeping it.
Further, let's not forget the economics of it. How valuable is this thing? Will it cover the costs of the lawyer you'll need to get it back? If you stop and think about it, even if you win, you loose in most lawsuits, because attorney's fees are rarely awarded.
We had a client who got his engagement ring back last week.... engagement... not promise.... and we're talking about a diamond ring here...
In general though, be careful of letting your feelings run away with you when you give someone anything.... People love to stomp on your heart ... after you've paid.
How long ago did you give it to her?
What state do you live in?
Look up your state's Statute of Limitations on Google (example: Statute of Limitations California). Depending on how long ago it was, you probably still have a right to getting it back.
Good luck to you.
You can also print out records of your purchase for evidence. It just depends on how hard you are willing (and able) to fight for it.
P.S. Daniel has a great idea.
Has michael crowes civil case been setteled and how is he doing today?
um can you pick my answer for best answer and tell me who is he i am just wondering
What is the reponsibility of a juror in a civil case?
Pay attention to the trial; remember the facts; weigh the facts; arrive at an intelligent, rational and fair decision; vote when the rest of the other jurors vote. And don't be a distraction. The judge may instruct the jury, so listen to him/her also.What is the reponsibility of a juror in a civil case?
The Judge will explain what your responsibilities are... You won't find it here or anywhere else except in the court room.What is the reponsibility of a juror in a civil case?
Jurors are the ';fact finders'; at the trial. This means you decide what the ';factual'; issues are (did person A do X to person B). All the ';legal'; questions are to be decided by the Judge in the case (what law applies to the case, is this case being tried in the correct venue, etc.). The process goes that at trial, the attornies put on their cases, and from that the Jury decide what the facts of the case really are. The judge will instruct the jury on what law will apply for them to reach a verdict. For example the jury might receive an instruction from the judge that ';If you find that A did X to B, then A is guilty of the crime of Z';. The jury then looks at the facts and if they find that A did X the return a verdict saying that A is guilty of the crime of Z. At a trial there are often many many instructions given to the Jury on how to reach their verdict and it can be quite confusing some times. The important thing to remember is to be objective as you possibly can, and leave your pre-conceived ideas at the door. You are not supposed to know anything that was not presented to you in court.
The Judge will explain what your responsibilities are... You won't find it here or anywhere else except in the court room.What is the reponsibility of a juror in a civil case?
Jurors are the ';fact finders'; at the trial. This means you decide what the ';factual'; issues are (did person A do X to person B). All the ';legal'; questions are to be decided by the Judge in the case (what law applies to the case, is this case being tried in the correct venue, etc.). The process goes that at trial, the attornies put on their cases, and from that the Jury decide what the facts of the case really are. The judge will instruct the jury on what law will apply for them to reach a verdict. For example the jury might receive an instruction from the judge that ';If you find that A did X to B, then A is guilty of the crime of Z';. The jury then looks at the facts and if they find that A did X the return a verdict saying that A is guilty of the crime of Z. At a trial there are often many many instructions given to the Jury on how to reach their verdict and it can be quite confusing some times. The important thing to remember is to be objective as you possibly can, and leave your pre-conceived ideas at the door. You are not supposed to know anything that was not presented to you in court.
In case of a civil war, what side will the US military take?
Considering half of our military is white and half is minorities.
Would it split 50/50?In case of a civil war, what side will the US military take?
Civil war doesn't mean racism there Lassie,it means left verses right.I don't think it will involve slavery just murder in the hundreds of thousands to no avail.Containment for prisoners and swift executions on both sides.The thought of a Civil war in the US is horrifying to say the least. There will be a whole bunch of politicians hanging from light post and in the center of town. As for the Military they will take the side that has their respective views.What a great movie this would make .Just think all the couch potatoes could watch their cushy surroundings being destroyed in real time. They love reality shows ,yet they would find reality bites when its real!In case of a civil war, what side will the US military take?
They would side with the government. Their leadership is the elected citizenry, not Hank that sits outside of the laundromat talking **** about rebellions. It is a professional army that instills hierarchy and the top of that hierarchy is the elected citizen who is established as the commander-in-chief.
Of course, we are not immune to a civil war but even in the only civil war in our history the militaries of both sides took orders from a elected official who was a citizen. I don't see a leader to emerge from the opposition who would want civil war let alone be able to lead any segment of the military to war against America.
The Federal government would be in control of the Federal troops. During the Civil War, half of the states had seceded and no longer called themselves part of the United States. They had formed a new nation. The only way the military could split is if a new nation was formed, then they could choose. But whoever had the best weapons would win. I think in the modern era, the Federals would have a huge advantage.
They would probably take their home town's location in the country into consideration just like they did before. Most did not go over to the other side during the last civil war because of consideration for family and friends. I doubt it would be 50/50 but I don't think there would be one over politics in general as most people are content to go vote in the next election and a good many just follow the crowd.
Minorities don't matter. Americans against Americans would be the sides. Pretty much those for Socialism is one side, and any other disapproving or having any other opinions against the agenda would be the other.
Personally, if I were in the military, I'd have a very hard time committing genocide against my own people-- my own kind--- my own family, brothers and sisters alike.
I fought for these people, provided the care and securing of these people, so that they could go on with their lives in peace and have the freedoms and rights that still exist under the justification of the U.S. Constitution.
I find it very hard for the U.S. military to follow an order that clearly fights the people that have exploited the government for who they are-- a false, lying, corrupt government.
Each individual took an oath to uphold the U.S. Constitution. Furthermore, by carrying out the unlawful orders of President Obama and his top officials, they too would be fraudulent under the document of the U.S. Constitution. Furthermore, the military CANNOT--- (MEANING IT DOES NOT HAVE A RIGHT) to deploy within the country for combatant purposes. However the, ';Patriot Act II'; eliminates line #10, allowing for such a role.
For once, I can finally say I'm glad I'm no longer in the military, but I pray for those individuals everyday. And I still, and always will support them, regardless of whom they side with.
With that being said, when it's all said and done, those trying to kill me will definitely meet resistance!
I'm on the U.S. Citizens side to take back the country from an unjust government!
--Rob USMC
';In case'; ? I'm really hoping this isn't something we're going to be preparing for. I'm multiracial, and so are my children, so we'd go to Canada, or somewhere else. If this country gets into a race war it won't just be Americans fighting. You think other countries are going to sit idly by?
seriously doubt it
The U.S. military, in all it's forms, works for and answer directly to, the Commander in Chief - President Obama. What race they are makes no difference - they can only take the side of the U.S. government. Anything else is desertion and possibly treason - still punishable by hanging, I believe.
Well the majority of the military are republicans ! Does that help , they also took an oath to uphold the Constitution !
We have another civil war in this nation it isn't going to be about north and south , or race ! It will be about taking back the control of our nation !
Well the people in our armed forces actaully stand by the oath they took they would be against the government. But I think we should consider all people that took the oath of enlistment as the weirmarch. They will carry out any order against the American people no matter how horrible, how unconstitutional and no matter how many millions they have to kill and will do so without question no matter their personal convictions. I hope I pissed off a few people in the services not because what I say about them but that I would see them doing what the SS did. And I know I'm invoking Godwin's law. What's your point?
There are very few true oath keepers around anymore and those that do exist are viewed as potential terrorists by the DHS.
We have a very simple way of looking at all military and police who would break their own to the constitution...
It will depend on the political situation, its related to the strength of Working Class.During Revolutions Armies are split along Class lines.Most Sergeants , Corporals and soldiers take the side of Proletariat.But I repeats , it depends on the political situation.
It should depend upon Constitutional justification, of course, but never mind that. I'm almost certain that this requirement would be all but ignored in a really, crazy-arsed, rebellion of crack shot rednecks against, say, sensible city dwellers- what a script for a Hollywood movie.
Whatever side that the president takes, that would be the side that the military takes, although soldiers can just go a-wall, the Military would stay with the commander and chief.
Liar! Mostly white
http://www.armyg1.army.mil/HR/docs/demog鈥?/a>
http://www.armyg1.army.mil/HR/docs/demog鈥?/a>
http://www.armyg1.army.mil/HR/docs/demog鈥?/a>
Where did you get that figure? Besides race doen't matter unless you perceive a race war. The military will do as everyone else in a all out civil war. Some will be on one side some on the other.
The US Military is under the command of the President. Anyone in the US military who turns against their commander and fights against the US government is guilty of Treason.
It will be probably be Right vs left.. THis song basically describes what it would bE LIke..
http://www.youtube.com/watch?v=oIze15H7X鈥?/a>
Hm. You assume its based on race. I think that the military could do their own thing and dominate everyone. Really, think of it...State Police vs. Army, Army will destroy.
If you define the sides based on race, they would probably split along race. But that question is so theoretical and far removed from present day reality, that it just can't be answered.
They will take the side of the constitution. The american people will be liberated.
The majority of the military has always been Republicans, liberals run to the borders when there's a war.
In a civil war, the military protects the incumbent government. That's what they've been sworn into.
';they also took an oath to uphold the Constitution !';
Why didn't they revolt when Bush tried to destroy the Constitution over the past 8 years?
yea gee race, you wouldn't think a civil war of that kind wouldn't be based on beliefs and views at all huh.... nice to know that you a fairly stereotypical!
I don't believe that we will have another Civil War but I do see the possibility of us having to defend our homes and families because of political unrest.
It wouldn't be a split based on race, it would be based on conservative vs liberal ideology, Red states vs. Blue states.
None, the US military is prohibited from deploying inside the United States.
Chances are they would teach the people who wanted to learn how to take care of themselves.
Good luck. The rest get a free train ride.
Of course. It's all based on race. Brilliant.
that would be a race war, if we were to have a civil war it would be red states vs. blue states not black and white
The Pentagon would seize the opportunity to stage a coup d'etat and take power for themselves.
/Both sides in the civil war would lose.
Whichever side the President tells them to be on.good eyeshadow
Would it split 50/50?In case of a civil war, what side will the US military take?
Civil war doesn't mean racism there Lassie,it means left verses right.I don't think it will involve slavery just murder in the hundreds of thousands to no avail.Containment for prisoners and swift executions on both sides.The thought of a Civil war in the US is horrifying to say the least. There will be a whole bunch of politicians hanging from light post and in the center of town. As for the Military they will take the side that has their respective views.What a great movie this would make .Just think all the couch potatoes could watch their cushy surroundings being destroyed in real time. They love reality shows ,yet they would find reality bites when its real!In case of a civil war, what side will the US military take?
They would side with the government. Their leadership is the elected citizenry, not Hank that sits outside of the laundromat talking **** about rebellions. It is a professional army that instills hierarchy and the top of that hierarchy is the elected citizen who is established as the commander-in-chief.
Of course, we are not immune to a civil war but even in the only civil war in our history the militaries of both sides took orders from a elected official who was a citizen. I don't see a leader to emerge from the opposition who would want civil war let alone be able to lead any segment of the military to war against America.
The Federal government would be in control of the Federal troops. During the Civil War, half of the states had seceded and no longer called themselves part of the United States. They had formed a new nation. The only way the military could split is if a new nation was formed, then they could choose. But whoever had the best weapons would win. I think in the modern era, the Federals would have a huge advantage.
They would probably take their home town's location in the country into consideration just like they did before. Most did not go over to the other side during the last civil war because of consideration for family and friends. I doubt it would be 50/50 but I don't think there would be one over politics in general as most people are content to go vote in the next election and a good many just follow the crowd.
Minorities don't matter. Americans against Americans would be the sides. Pretty much those for Socialism is one side, and any other disapproving or having any other opinions against the agenda would be the other.
Personally, if I were in the military, I'd have a very hard time committing genocide against my own people-- my own kind--- my own family, brothers and sisters alike.
I fought for these people, provided the care and securing of these people, so that they could go on with their lives in peace and have the freedoms and rights that still exist under the justification of the U.S. Constitution.
I find it very hard for the U.S. military to follow an order that clearly fights the people that have exploited the government for who they are-- a false, lying, corrupt government.
Each individual took an oath to uphold the U.S. Constitution. Furthermore, by carrying out the unlawful orders of President Obama and his top officials, they too would be fraudulent under the document of the U.S. Constitution. Furthermore, the military CANNOT--- (MEANING IT DOES NOT HAVE A RIGHT) to deploy within the country for combatant purposes. However the, ';Patriot Act II'; eliminates line #10, allowing for such a role.
For once, I can finally say I'm glad I'm no longer in the military, but I pray for those individuals everyday. And I still, and always will support them, regardless of whom they side with.
With that being said, when it's all said and done, those trying to kill me will definitely meet resistance!
I'm on the U.S. Citizens side to take back the country from an unjust government!
--Rob USMC
';In case'; ? I'm really hoping this isn't something we're going to be preparing for. I'm multiracial, and so are my children, so we'd go to Canada, or somewhere else. If this country gets into a race war it won't just be Americans fighting. You think other countries are going to sit idly by?
seriously doubt it
The U.S. military, in all it's forms, works for and answer directly to, the Commander in Chief - President Obama. What race they are makes no difference - they can only take the side of the U.S. government. Anything else is desertion and possibly treason - still punishable by hanging, I believe.
Well the majority of the military are republicans ! Does that help , they also took an oath to uphold the Constitution !
We have another civil war in this nation it isn't going to be about north and south , or race ! It will be about taking back the control of our nation !
Well the people in our armed forces actaully stand by the oath they took they would be against the government. But I think we should consider all people that took the oath of enlistment as the weirmarch. They will carry out any order against the American people no matter how horrible, how unconstitutional and no matter how many millions they have to kill and will do so without question no matter their personal convictions. I hope I pissed off a few people in the services not because what I say about them but that I would see them doing what the SS did. And I know I'm invoking Godwin's law. What's your point?
There are very few true oath keepers around anymore and those that do exist are viewed as potential terrorists by the DHS.
We have a very simple way of looking at all military and police who would break their own to the constitution...
It will depend on the political situation, its related to the strength of Working Class.During Revolutions Armies are split along Class lines.Most Sergeants , Corporals and soldiers take the side of Proletariat.But I repeats , it depends on the political situation.
It should depend upon Constitutional justification, of course, but never mind that. I'm almost certain that this requirement would be all but ignored in a really, crazy-arsed, rebellion of crack shot rednecks against, say, sensible city dwellers- what a script for a Hollywood movie.
Whatever side that the president takes, that would be the side that the military takes, although soldiers can just go a-wall, the Military would stay with the commander and chief.
Liar! Mostly white
http://www.armyg1.army.mil/HR/docs/demog鈥?/a>
http://www.armyg1.army.mil/HR/docs/demog鈥?/a>
http://www.armyg1.army.mil/HR/docs/demog鈥?/a>
Where did you get that figure? Besides race doen't matter unless you perceive a race war. The military will do as everyone else in a all out civil war. Some will be on one side some on the other.
The US Military is under the command of the President. Anyone in the US military who turns against their commander and fights against the US government is guilty of Treason.
It will be probably be Right vs left.. THis song basically describes what it would bE LIke..
http://www.youtube.com/watch?v=oIze15H7X鈥?/a>
Hm. You assume its based on race. I think that the military could do their own thing and dominate everyone. Really, think of it...State Police vs. Army, Army will destroy.
If you define the sides based on race, they would probably split along race. But that question is so theoretical and far removed from present day reality, that it just can't be answered.
They will take the side of the constitution. The american people will be liberated.
The majority of the military has always been Republicans, liberals run to the borders when there's a war.
In a civil war, the military protects the incumbent government. That's what they've been sworn into.
';they also took an oath to uphold the Constitution !';
Why didn't they revolt when Bush tried to destroy the Constitution over the past 8 years?
yea gee race, you wouldn't think a civil war of that kind wouldn't be based on beliefs and views at all huh.... nice to know that you a fairly stereotypical!
I don't believe that we will have another Civil War but I do see the possibility of us having to defend our homes and families because of political unrest.
It wouldn't be a split based on race, it would be based on conservative vs liberal ideology, Red states vs. Blue states.
None, the US military is prohibited from deploying inside the United States.
Chances are they would teach the people who wanted to learn how to take care of themselves.
Good luck. The rest get a free train ride.
Of course. It's all based on race. Brilliant.
that would be a race war, if we were to have a civil war it would be red states vs. blue states not black and white
The Pentagon would seize the opportunity to stage a coup d'etat and take power for themselves.
/Both sides in the civil war would lose.
Whichever side the President tells them to be on.
If you are in a civil case and you have evidence do you have to submit it prior to the hearing or not?
if so how do you do it in texas
If you are in a civil case and you have evidence do you have to submit it prior to the hearing or not?
It depends on what court you are in. Small claims is civil court too. But usually there is only one hearing and everyone brings their evidence to court that day and makes their case.
In other civil courts, you may have to submit evidence before a hearing if you are making or replying to a motion of some sort, such as a request for a restraining order or a motion for summary judgment.
If you are involved in a lawsuit in Texas that is not small claims, get a lawyer to help you.
If you are in a civil case and you have evidence do you have to submit it prior to the hearing or not?
Way before trial, ';discovery'; takes place - you submit the evidence during the discovery process.
If you are in a civil case and you have evidence do you have to submit it prior to the hearing or not?
It depends on what court you are in. Small claims is civil court too. But usually there is only one hearing and everyone brings their evidence to court that day and makes their case.
In other civil courts, you may have to submit evidence before a hearing if you are making or replying to a motion of some sort, such as a request for a restraining order or a motion for summary judgment.
If you are involved in a lawsuit in Texas that is not small claims, get a lawyer to help you.
If you are in a civil case and you have evidence do you have to submit it prior to the hearing or not?
Way before trial, ';discovery'; takes place - you submit the evidence during the discovery process.
I am looking for a lawyer that will take on a civil case with little or no retainer. can anyone help?
Basically I have met with two different lawyers and they have both said I have a really strong case unfortunatly they work for big firms and it is their policy to obtain a large retainer before anything happens. if anybody has any ideas please contact me as I don't know what to do next.I am looking for a lawyer that will take on a civil case with little or no retainer. can anyone help?
The true measure of a strong case is whether an attorney is willing to take it on a contingency basis. When they do that, they get a share of the recovery.I am looking for a lawyer that will take on a civil case with little or no retainer. can anyone help?
Keep interviewing attorneys. Be sure to go to attorneys who have experience with the area of law in which your case falls. I assume that you are the plaintiff, and suing for money damages. If you actually do have a good case, in the attorneys' opinion, you will find one who will do it on a contingency basis.
If they feel that you don't have a great case, it doesn't necessarily mean that you haven't been injured, or whatever. It might just mean that this type of case is difficult to prove.
Good luck.
It depends on what state you are in -- since lawyers can only practice in states where they are licensed.
If you are in Oregon or California, feel free to contact me offline.
There are attorneys who offer reduced fees for individuals. You may need to consult your local united way agency and they may can help you find an attorney who will help you for a reduced fee. No attorney is going to represent you for little or nothing. I am sorry it just does not work that way. The only other thing I can suggest is to save your money until you get the fee for the attorney to represent you. I have no idea and do not claim to know but in a lot of situations there is a statue of limitations on different types of cases. Finally there are some attorneys who work by themselves and they will work out a payment plan with you. Once you have paid them their fee in full then they will start the process.
Get out your Yellow Pages, look up ';Attorney'; or ';Lawyer';.
You will finds lots listed there.
Start dialing.
Call Jesse Jackson or Al Sharpton. They like these types of causes.
The true measure of a strong case is whether an attorney is willing to take it on a contingency basis. When they do that, they get a share of the recovery.I am looking for a lawyer that will take on a civil case with little or no retainer. can anyone help?
Keep interviewing attorneys. Be sure to go to attorneys who have experience with the area of law in which your case falls. I assume that you are the plaintiff, and suing for money damages. If you actually do have a good case, in the attorneys' opinion, you will find one who will do it on a contingency basis.
If they feel that you don't have a great case, it doesn't necessarily mean that you haven't been injured, or whatever. It might just mean that this type of case is difficult to prove.
Good luck.
It depends on what state you are in -- since lawyers can only practice in states where they are licensed.
If you are in Oregon or California, feel free to contact me offline.
There are attorneys who offer reduced fees for individuals. You may need to consult your local united way agency and they may can help you find an attorney who will help you for a reduced fee. No attorney is going to represent you for little or nothing. I am sorry it just does not work that way. The only other thing I can suggest is to save your money until you get the fee for the attorney to represent you. I have no idea and do not claim to know but in a lot of situations there is a statue of limitations on different types of cases. Finally there are some attorneys who work by themselves and they will work out a payment plan with you. Once you have paid them their fee in full then they will start the process.
Get out your Yellow Pages, look up ';Attorney'; or ';Lawyer';.
You will finds lots listed there.
Start dialing.
Call Jesse Jackson or Al Sharpton. They like these types of causes.
What is Oklahoma's statue of limitations for a civil case?
i had a job in September 2005 and left in december 2005 and they didn't pay me 1 check and now i am trying to redeem it. is it too lateWhat is Oklahoma's statue of limitations for a civil case?
This would probably be considered under the Contractual section (as opposed to injury, fraud, etc.). The limit in OK is 5 years for a written contract and 3 years for an oral contract. Hopefully your employment would be considered a ';written'; contract.
If after asking for this check they refuse to pay it on these grounds, consult an attorney to see how it will be treated. But do it quickly.
This would probably be considered under the Contractual section (as opposed to injury, fraud, etc.). The limit in OK is 5 years for a written contract and 3 years for an oral contract. Hopefully your employment would be considered a ';written'; contract.
If after asking for this check they refuse to pay it on these grounds, consult an attorney to see how it will be treated. But do it quickly.
Should we let iraqis troops deal with a civil war in case it happends?
If a civil war happen in iraq, should Us say out of it and let iraqi troops deal with it?Should we let iraqis troops deal with a civil war in case it happends?
If US intervenes in a civil war situation, then it's no more civil war. Civil war by definition is a war that takes part between factions native to the same country on that country's sovereign territory. If US gets involved and as Iraq is under occupation there can be no civil war.Should we let iraqis troops deal with a civil war in case it happends?
Should Us stay out of iraq? Me no understand.
Saddam was really gud at dealing with all these barbaric and destructive elements inside Iraq that now the US is having to face. Although his methods were equally terrible, he probably did not have any better means.
The US is trying to fight terrorism in Iraq in its own way with what it knows best. I think persistent and focused effort from the US in the long run will pay off because they have a righteous intent of fighting terrorism.
US should continue the effort in any event and be ready to make sacrifices.
If US intervenes in a civil war situation, then it's no more civil war. Civil war by definition is a war that takes part between factions native to the same country on that country's sovereign territory. If US gets involved and as Iraq is under occupation there can be no civil war.Should we let iraqis troops deal with a civil war in case it happends?
Should Us stay out of iraq? Me no understand.
Saddam was really gud at dealing with all these barbaric and destructive elements inside Iraq that now the US is having to face. Although his methods were equally terrible, he probably did not have any better means.
The US is trying to fight terrorism in Iraq in its own way with what it knows best. I think persistent and focused effort from the US in the long run will pay off because they have a righteous intent of fighting terrorism.
US should continue the effort in any event and be ready to make sacrifices.
How long should we wait to file a Civil Suit in an assault case?
My husband was assaulted 3 weeks ago and had to have surgery on his face. Criminal assault charges were filed. Should we wait for the verdict before we file the civil suit? We don't know how long it will be before his face returns to normal and we want to be sure we account for all of his pain and suffering. We live in NC. How long do we have to file the Civil Suit?How long should we wait to file a Civil Suit in an assault case?
talk to your attorney and insurance provider.How long should we wait to file a Civil Suit in an assault case?
It's generally 90 days in most states. Regardless how the criminal case is going, you'll want to proceed with the civil side of things. I've seen misdemeanor assault cases last as long as a year with all of the continuances and motions before a trial even comes.
talk to your attorney and insurance provider.How long should we wait to file a Civil Suit in an assault case?
It's generally 90 days in most states. Regardless how the criminal case is going, you'll want to proceed with the civil side of things. I've seen misdemeanor assault cases last as long as a year with all of the continuances and motions before a trial even comes.
I need help with a civil case in pretrial?
What do i need to do? I am a pro se plaintiff against a former employer and the judge sent this and I have no formal education of law: Pursuant to Rule 16, FED.R.CIV.P., a Rule 16 scheduling conference is set for Tuesday, October 23, 2007 at 10:00 a.m. In preparation for this case management conference, it is hereby ordered as follows: A. Initial Disclosures.
The parties shall provide initial disclosures in the form and on the schedule
required by Rule 26(a)(1), FED.R.CIV.P. The parties shall file with the Clerk of Court a
Notice of Initial Disclosure; copies of the actual disclosures need not be filed.
B. Rule 26(f) Meeting and Case Management Report.
The parties are directed to meet and confer at least 10 days before the
scheduling conference as required by Rule 26(f), FED.R.CIV.P. At this meeting the parties
1 If jurisdiction is based on diversity of citizenship, the report shall develop a joint Case Management ReportI need help with a civil case in pretrial?
The fed rules require voluntary discovery...you NEED to read the rules if you're going to proceed pro se (which I would not recommend)...get them on line or go to your county law library and get a librarian to help you. You will need to give the other side all your supporting documentation for your claim and other discovery as required by the Rules.I need help with a civil case in pretrial?
There are books on how to represent yourself in court from www.nolo.com
Good luck.
Because to instruct you on this would not only be a discertation but would probably complicate you more, I will simply say that you really need to get a lawyer to help you. Also, if you do this, the judge might actually give you more time to prepare these things.
If you don't have a lawyer, get one. You have a court date soon and they want a lot of paperwork. Call the court and ask for assistance in how to obtain and prepare this paperwork. Go in person if you have to; there are usually people there to assist. You have to get this info ready. Get a lawyer or go to the court right away.good eyeshadow
The parties shall provide initial disclosures in the form and on the schedule
required by Rule 26(a)(1), FED.R.CIV.P. The parties shall file with the Clerk of Court a
Notice of Initial Disclosure; copies of the actual disclosures need not be filed.
B. Rule 26(f) Meeting and Case Management Report.
The parties are directed to meet and confer at least 10 days before the
scheduling conference as required by Rule 26(f), FED.R.CIV.P. At this meeting the parties
1 If jurisdiction is based on diversity of citizenship, the report shall develop a joint Case Management ReportI need help with a civil case in pretrial?
The fed rules require voluntary discovery...you NEED to read the rules if you're going to proceed pro se (which I would not recommend)...get them on line or go to your county law library and get a librarian to help you. You will need to give the other side all your supporting documentation for your claim and other discovery as required by the Rules.I need help with a civil case in pretrial?
There are books on how to represent yourself in court from www.nolo.com
Good luck.
Because to instruct you on this would not only be a discertation but would probably complicate you more, I will simply say that you really need to get a lawyer to help you. Also, if you do this, the judge might actually give you more time to prepare these things.
If you don't have a lawyer, get one. You have a court date soon and they want a lot of paperwork. Call the court and ask for assistance in how to obtain and prepare this paperwork. Go in person if you have to; there are usually people there to assist. You have to get this info ready. Get a lawyer or go to the court right away.
I need help with my civil case in court?
When you are served with a lawsuit, you have 30 days in which to file an answer with the court. Failure to do so risks your default being taken and a default judgment entered against you without the court hearing your version of events. This happened to me so I was seeking help on what I can do next, can i file an appeal so that I can fill out the paper work that i did not provide in the first 30 days?I need help with my civil case in court?
Sorry. You can not appeal a failure to file. I know it is unfair to expect people to file timely responses, but for the court system to function in anything approaching an orderly fashion, they have to have some rules.I need help with my civil case in court?
consult your lawyer
You have to have some basis to file an a appeal. And just that you failed to do it isn't one.
Sorry. You can not appeal a failure to file. I know it is unfair to expect people to file timely responses, but for the court system to function in anything approaching an orderly fashion, they have to have some rules.I need help with my civil case in court?
consult your lawyer
You have to have some basis to file an a appeal. And just that you failed to do it isn't one.
I have a civil case going into district court. I plan on representing myself. How many jurors (out of 12)?
I have a civil case going into district court. I plan on representing myself. How many jurors (out of 12) do I need to convince to win the case?I have a civil case going into district court. I plan on representing myself. How many jurors (out of 12)?
It really depends upon your jurisdiction. In some places you have to get a bare majority of 12 -- 7. In others, you have to get a UNANIMOUS verdict of a jury panel of less than 12 -- like 7. In other places you have to get a supermajority of a panel of 12 -- like 9.
So it really depends upon your local state's rules (or the rules in Federal court if your case is docketed there).
(I agree that representing yourself at a trial is a very bad idea. Contact an attorney for assistance.)I have a civil case going into district court. I plan on representing myself. How many jurors (out of 12)?
do not represent yourself. you have the right to a fair trial and be represented by a lawyer. much more likely win-just watch or read up on giddeon
OMG- if you're asking this question DO NOT REPRESENT YOURSELF.
Very bad idea.
I agree with the first answer on this forum. If you do not know the answer to this rather fundamental question, then do not represent yourself. You obviously have no clue about all other aspects of civil and trial procedure, rules of evidence, etc., and they are far more complicated than ';how many jurors are required to win a verdict.';
Please, unless your suit is absolutely trivial, get a lawyer.
what level of civil suit? certain states have multi level of civil suit courts depending on the amount seeking in damages, for example in NJ under 15k its special civil court and only 6 jurors will hear the case
Tell the judge that you can kill him with your bare hands.
and dont say anything else.
That will set everything straight in your life.
zero. it would be malpractice for opposing council not to settle out of court
Even attorneys do not represent themselves. That scenario only works out on television.
Remember - everyone else will have an attorney that is versed in the law and you will be at a sever disadvantage. They will show you no mercy and treat you as if you know the law.. Do yourself a favor and get an attorney or inquire about a public defender or someone who will do some pro-bono work.
Each state has a website for the bar association and lists attorneys and case types.
Only a fool has himself for a client..
It really depends upon your jurisdiction. In some places you have to get a bare majority of 12 -- 7. In others, you have to get a UNANIMOUS verdict of a jury panel of less than 12 -- like 7. In other places you have to get a supermajority of a panel of 12 -- like 9.
So it really depends upon your local state's rules (or the rules in Federal court if your case is docketed there).
(I agree that representing yourself at a trial is a very bad idea. Contact an attorney for assistance.)I have a civil case going into district court. I plan on representing myself. How many jurors (out of 12)?
do not represent yourself. you have the right to a fair trial and be represented by a lawyer. much more likely win-just watch or read up on giddeon
OMG- if you're asking this question DO NOT REPRESENT YOURSELF.
Very bad idea.
I agree with the first answer on this forum. If you do not know the answer to this rather fundamental question, then do not represent yourself. You obviously have no clue about all other aspects of civil and trial procedure, rules of evidence, etc., and they are far more complicated than ';how many jurors are required to win a verdict.';
Please, unless your suit is absolutely trivial, get a lawyer.
what level of civil suit? certain states have multi level of civil suit courts depending on the amount seeking in damages, for example in NJ under 15k its special civil court and only 6 jurors will hear the case
Tell the judge that you can kill him with your bare hands.
and dont say anything else.
That will set everything straight in your life.
zero. it would be malpractice for opposing council not to settle out of court
Even attorneys do not represent themselves. That scenario only works out on television.
Remember - everyone else will have an attorney that is versed in the law and you will be at a sever disadvantage. They will show you no mercy and treat you as if you know the law.. Do yourself a favor and get an attorney or inquire about a public defender or someone who will do some pro-bono work.
Each state has a website for the bar association and lists attorneys and case types.
Only a fool has himself for a client..
I need to research cases against gun companies, medical malpractice,person injury civil/torts cases/ Ect....?
does anyone know a good place to start. Where could I find a wealth of different cases is there a on line data base of lawsuits where this information can be easily obtainedI need to research cases against gun companies, medical malpractice,person injury civil/torts cases/ Ect....?
Try FindLaw. That is usually where I start. LexisNexis and West Law are used in the legal industry - but they normally are fee based.I need to research cases against gun companies, medical malpractice,person injury civil/torts cases/ Ect....?
It's called Lexis, but I think you have to know somebody with a subscription, as it is pretty expensive to access. If there's a law school in your area, you might go to the library and see if you can use their access.
Unles you are doing this research in conjuction with others, such as manufactorers of knives, ropes, baseball bats, cars, candle sticks, electricity, etc, Forget it.
I don't believe in helping someone who is set against free enterprise.
Try FindLaw. That is usually where I start. LexisNexis and West Law are used in the legal industry - but they normally are fee based.I need to research cases against gun companies, medical malpractice,person injury civil/torts cases/ Ect....?
It's called Lexis, but I think you have to know somebody with a subscription, as it is pretty expensive to access. If there's a law school in your area, you might go to the library and see if you can use their access.
Unles you are doing this research in conjuction with others, such as manufactorers of knives, ropes, baseball bats, cars, candle sticks, electricity, etc, Forget it.
I don't believe in helping someone who is set against free enterprise.
';Offer of judgment'; on a civil case from a district court?
I had accepted ';offer of judgement'; on a civil case from a Michigan District Court over a contract where I was the Plantiff. I was arguing that the Contract is illegal. Now a case is pending in the county court
on the same contract which was filed by the same Defendent but as a Plantiff. What would be the impact of the District court ';Offer of Judgement'; acceptance on the case pending in the county court which is based on the same contract ?';Offer of judgment'; on a civil case from a district court?
none. BTW, the offer of judgment is from the other party, not from the court.
on the same contract which was filed by the same Defendent but as a Plantiff. What would be the impact of the District court ';Offer of Judgement'; acceptance on the case pending in the county court which is based on the same contract ?';Offer of judgment'; on a civil case from a district court?
none. BTW, the offer of judgment is from the other party, not from the court.
Legal structure overview for the civilians to understand the civil and criminal cases?
I feel some mis-match in your question.
With the ';structure overview'; you can understand the ';system'; in executive and judiciary for civil and criminal cases AND not just civil and criminal cases.
Your question should have been ';legal structure overview for the civilians to understand the system to address civil and criminal cases?';
How to clarify now?Legal structure overview for the civilians to understand the civil and criminal cases?
sorry, dont know
With the ';structure overview'; you can understand the ';system'; in executive and judiciary for civil and criminal cases AND not just civil and criminal cases.
Your question should have been ';legal structure overview for the civilians to understand the system to address civil and criminal cases?';
How to clarify now?Legal structure overview for the civilians to understand the civil and criminal cases?
sorry, dont know
How to prove someone innocent in a civil case?
i'm doing a case in school and i need to know if i can get a person free. the case is this girl is hosting a party and someone there gets a little wild, the host tells him to leave or to calm down. he decides to leave, then he gets into a car wreck and the other person is trying to pin the host of the party. and i need to know haow to get her free of any chargesHow to prove someone innocent in a civil case?
If I read this right ... you are playing the role of the defendant's lawyer in a civil case. You wouldn't be proving them to be ';innocent'; ... you are trying to prove them ';not liable';!
Having said that ... your case stinks! The driver was at a party in the defendant's home, and crashed after leaving the party. Proving that the host had nothing to do with the driver's crash will be an uphill battle.
Here are some ideas ...
I'm guessing that the plaintiff is alleging that the driver was intoxicated at the time of the crash ... and the driver got intoxicated at the host's party! If they prove that, your client is toast! Hope they have insurance to cover the damages!
You would have to prove that the homeowner made a reasonable effort to insure that there were no intoxicants available at the party. The best thing to do is get multiple witnesses that can testify that the driver was sober when he left the party! Since you are not in criminal court ... no deals will be available!How to prove someone innocent in a civil case?
You have confused criminal and civil notions and thus have no chance. A civil suit has no ';charges'; and no risk of losing freedom. If you are trying to defend a civil suit against the host of a party, you will need more info, like whether there was drinking and whether your state has a social host dram shop law. If you want advice, at least give the relevant facts and the nature of the lawsuit.
If they are underage and alcohol is involved, many states have a ';keg law'; that would hold the homeowner responsible. If not, then the driver is responsible for their actions.good eyeshadow
If I read this right ... you are playing the role of the defendant's lawyer in a civil case. You wouldn't be proving them to be ';innocent'; ... you are trying to prove them ';not liable';!
Having said that ... your case stinks! The driver was at a party in the defendant's home, and crashed after leaving the party. Proving that the host had nothing to do with the driver's crash will be an uphill battle.
Here are some ideas ...
I'm guessing that the plaintiff is alleging that the driver was intoxicated at the time of the crash ... and the driver got intoxicated at the host's party! If they prove that, your client is toast! Hope they have insurance to cover the damages!
You would have to prove that the homeowner made a reasonable effort to insure that there were no intoxicants available at the party. The best thing to do is get multiple witnesses that can testify that the driver was sober when he left the party! Since you are not in criminal court ... no deals will be available!How to prove someone innocent in a civil case?
You have confused criminal and civil notions and thus have no chance. A civil suit has no ';charges'; and no risk of losing freedom. If you are trying to defend a civil suit against the host of a party, you will need more info, like whether there was drinking and whether your state has a social host dram shop law. If you want advice, at least give the relevant facts and the nature of the lawsuit.
If they are underage and alcohol is involved, many states have a ';keg law'; that would hold the homeowner responsible. If not, then the driver is responsible for their actions.
Is fleeing from the restaurant without paying a civil or criminal case?
Is it going to be like stealing which is criminal offence, or not meeting terms of purchase which is a civil case.Is fleeing from the restaurant without paying a civil or criminal case?
It is defrauding an innkeeper as someone truly stated already.
What makes it a criminal case is that someone is taking food that is expected to be paid for, consuming it in their body, and proceeding out of the door without paying.
It is the same as shoplifting items from any store, except that it is a restaurant and you consume the food first.
What typically makes something a civil case is if it deals with money or property rights only. Say someone is living somewhere and the owner wants them kicked out, civil. Let us say someone throws a rock through a window but didn't mean it, it was an accident, civil.
It is all about intent in criminal, and eating and leaving is full of intent. It is the intent of stealing the food from the restaurant. It is just called something different for some odd reason. I think it should be called larceny like all others, it is the same punishment anyway.Is fleeing from the restaurant without paying a civil or criminal case?
Dine and dash usually is a misdemeanor in Illinois unless there was damage or the meal was very, very expensive. It is called theft of services. Bond is usually more than the meal would cost( $100.00 cash) and the court will keep 10 percent of the bond if you are charged. So, if caught, you generally pay more than if you just paid for the meal in the first place.Even if you are found not guilty, it is likely the court will keep the 10 percent.
It is both.
Criminal offense, probably petty theft, a misdemeanor, and the restaurant could file a civil action for the value of the meal, though the punishment for a conviction on the criminal charge would include the payment of restitution to the restaurant.
Criminally you will get charged with stealing but the owner can sue you in a civil case if he can find a way that you running away hurt his buisness (very easy). Most likly he wont sue you because the cost of court and a lawyer will be far greater than your meal.
Where I live it's criminal. It's considered defrauding an innkeeper. Old fashioned terminology but it boils down to being a theft/larceny issue.
It is defrauding the restaurant and a criminal case. Like shoplifting, except the goods are in your stomach.
Its called ';Defrauding an Innkeeper'; (537PC) and is a misdemeanor charge in California.
Petty theft is a criminal offense.
The restaurant can sue for damages and loss.
So it is both.
stealing- criminal
PEOPLE DO THAT AT DENNYS ALL THE TIME.
It is defrauding an innkeeper as someone truly stated already.
What makes it a criminal case is that someone is taking food that is expected to be paid for, consuming it in their body, and proceeding out of the door without paying.
It is the same as shoplifting items from any store, except that it is a restaurant and you consume the food first.
What typically makes something a civil case is if it deals with money or property rights only. Say someone is living somewhere and the owner wants them kicked out, civil. Let us say someone throws a rock through a window but didn't mean it, it was an accident, civil.
It is all about intent in criminal, and eating and leaving is full of intent. It is the intent of stealing the food from the restaurant. It is just called something different for some odd reason. I think it should be called larceny like all others, it is the same punishment anyway.Is fleeing from the restaurant without paying a civil or criminal case?
Dine and dash usually is a misdemeanor in Illinois unless there was damage or the meal was very, very expensive. It is called theft of services. Bond is usually more than the meal would cost( $100.00 cash) and the court will keep 10 percent of the bond if you are charged. So, if caught, you generally pay more than if you just paid for the meal in the first place.Even if you are found not guilty, it is likely the court will keep the 10 percent.
It is both.
Criminal offense, probably petty theft, a misdemeanor, and the restaurant could file a civil action for the value of the meal, though the punishment for a conviction on the criminal charge would include the payment of restitution to the restaurant.
Criminally you will get charged with stealing but the owner can sue you in a civil case if he can find a way that you running away hurt his buisness (very easy). Most likly he wont sue you because the cost of court and a lawyer will be far greater than your meal.
Where I live it's criminal. It's considered defrauding an innkeeper. Old fashioned terminology but it boils down to being a theft/larceny issue.
It is defrauding the restaurant and a criminal case. Like shoplifting, except the goods are in your stomach.
Its called ';Defrauding an Innkeeper'; (537PC) and is a misdemeanor charge in California.
Petty theft is a criminal offense.
The restaurant can sue for damages and loss.
So it is both.
stealing- criminal
PEOPLE DO THAT AT DENNYS ALL THE TIME.
What is considered a ';civil'; court case?
I was looking up my ex's file online and he has 17 open court cases...the last one being on his birthday. It says Civil Other. I was just wondering what that could be. I don't like sending my son with him, especially with his bad record and wanting to know what he could have done now. Most of the past cases were traffic infractions. But what is Civil Other. Thanks!What is considered a ';civil'; court case?
Usually a law suit for property damage or a bodily injury claim. It can be for breach of contract, faliure to pay bills, or any activity you can think of that it not a criminal offense.What is considered a ';civil'; court case?
It is probably a civil lawsuit as opposed to a criminal one. For what that could be, you probably don't have the access to know, and it could be almost anything. Ask you ex and maybe he would tell you for free.
If you are concerned about sending your son to him, however, you probably want to try and work out a better arrangement with him between the two of you first. If that is not an option, I recommend consulting an attorney. The cost of doing so is probably less than you think, and, in the long run, less than the cost it would be if your relationship with your ex turns further south. A family law attorney will be best suited to help determine what your legal options as far as further limiting his access to your child than myself and anyone else posting free advice online. Good luck.
Cival is almost anything that is not criminal. Money owed,landlord-tenant,community property. etc
This means he is being sued or is suing.
Usually a law suit for property damage or a bodily injury claim. It can be for breach of contract, faliure to pay bills, or any activity you can think of that it not a criminal offense.What is considered a ';civil'; court case?
It is probably a civil lawsuit as opposed to a criminal one. For what that could be, you probably don't have the access to know, and it could be almost anything. Ask you ex and maybe he would tell you for free.
If you are concerned about sending your son to him, however, you probably want to try and work out a better arrangement with him between the two of you first. If that is not an option, I recommend consulting an attorney. The cost of doing so is probably less than you think, and, in the long run, less than the cost it would be if your relationship with your ex turns further south. A family law attorney will be best suited to help determine what your legal options as far as further limiting his access to your child than myself and anyone else posting free advice online. Good luck.
Cival is almost anything that is not criminal. Money owed,landlord-tenant,community property. etc
This means he is being sued or is suing.
Would you consider Gitmo a civil rights case?
Because the prisoners now are like... i don;t know how to say it. They are considered lower than low, but should still have rights in some people's eyes? or they should be able to prove themselves. Tell me what you think.!!! :) thanks!Would you consider Gitmo a civil rights case?
No, because they are not American citizens,they are prisoners of war and should be judged accordingly by military tribunalsWould you consider Gitmo a civil rights case?
';Consider'; doesn't belong in your question.
OBJECTIVELY it is clearly not a civil rights issue.
It houses people declared by international conventions to be absolutely subject to our will having acted in such a way as to forfeit even their right to live. That we haven;t executed them is simply a matter of our generosity. Moreover, we've seen fit to extend to them POW status except in name.
You don't ';try'; POWs because they aren't criminals. You simply keep them detained and out of the conflict.
A minority of the GITMO detainees ARE being treated as war criminals, 'cause they manifestly ARE. The rest, although we legally could execute them, or do literally ANYTHING we can imagine, are being treated as if they were captured legitimate enemy soldiers, not the unlawful combatants they actually are.
The writ of habeas corpus is a fundamental and universal right that everyone has. It is also an American value and one the fundamental pillars of liberty.
I can't comprehend how someone could support the idea that the President has the authority to abduct a person from one country, place them in another country and never try them, even up to 6 and 1/2 years. If you are going to incarcerate someone, then they have the right to have charges brought against them and be tried in a court of law. Claiming that they are terrorists without bringing charges against them or trying them is arbitrary state action. In fact was recently released after 6 1/2 years of imprisonment without ever being tried while be subject to over 200 interrogation sessions.
The Supreme Court has upheld that habeas corpus for Gitmo detainees since it is the backbone of American values and liberty. Alexander Hamilton declared habeas corpus a 'bulwark' of individual liberty, calling secret imprisonment the most 'dangerous engine of arbitrary government.'';
The people there are there for a reason. They are terrorist. It would be much easier in my mind to prove that terrorist are lower than human and unworthy of any rights than to prove that Gitmo in some way violates some rights.
It it would make it easier for you to wrap your mind around look at it this way. These fornicators of goats come from a land where people still live in tribes and they will kill a woman for riding in a car with a man who is not her brother or husband. They had never heard of comprehended the concept of civil rights.
Have a nice day.
Dave
Every single human on the planet deserves the same rights. Every person incarcerated in any prison deserves to be properly charged, represented by an attorney, and given a fair trial.
Plus: aside from the issue of basic human rights, there are surely people mistakenly imprisoned at ';Gitmo'; who are not actually terrorists. There is plenty of racial profiling going on these days...
They are not American citizens, they tried to destroy America, they deserve nothing! I agree with one of the answers that said they should have been executed a long time ago.
Besides, considering where some of these people come from and how they live, Gitmo is a vacation for them!
No, it is a case of housing the worst of the worst terrorists. If it were up to me, they would all have been dead a long time ago.
Its a HUMAN RIGHTS CASE
answera: http://answers.yahoo.com/question/index;_ylt=AsLucLSKwFlifsdat9E1kocazKIX;_ylv=3?qid=20090822183029AAalO9m
Civil rights? Yeah, American citizens civil rights. They were collected on a battle field. They lost their rights when they took up arms to terrorize others.
every person should have some rights. even if they are sick, misguided, and made bad decisions, they are still people. i will never condone torture or ';enhanced interrogation';.
Military tribunals to determine guilt or innocence, not the US court system, please, and keep them in Gitmo, not the USA.
No. Terrorists have NO civil rights other than the right to be tried, found guilty, and executed.
They have the right to answer or die. Answer then die.
What rights should they have?
You know I heard rumors they do not even get Star F u c k s to drink.
Why show any mercy to them when they sure didn't show mercy to anyone?
I have a better idea to solve the Gitmo Issue once and for all,Use it as a Target Range for Naval Artillery.
Heil 0bama!!
well they were forced to make naked piles and were tortured, that violates human rights.
No, what rights do they have? They are not citizens. YET.
Nope!!!
Nope, not a chance!
no
Human rights violations, probably.
No, because they are not American citizens,they are prisoners of war and should be judged accordingly by military tribunalsWould you consider Gitmo a civil rights case?
';Consider'; doesn't belong in your question.
OBJECTIVELY it is clearly not a civil rights issue.
It houses people declared by international conventions to be absolutely subject to our will having acted in such a way as to forfeit even their right to live. That we haven;t executed them is simply a matter of our generosity. Moreover, we've seen fit to extend to them POW status except in name.
You don't ';try'; POWs because they aren't criminals. You simply keep them detained and out of the conflict.
A minority of the GITMO detainees ARE being treated as war criminals, 'cause they manifestly ARE. The rest, although we legally could execute them, or do literally ANYTHING we can imagine, are being treated as if they were captured legitimate enemy soldiers, not the unlawful combatants they actually are.
The writ of habeas corpus is a fundamental and universal right that everyone has. It is also an American value and one the fundamental pillars of liberty.
I can't comprehend how someone could support the idea that the President has the authority to abduct a person from one country, place them in another country and never try them, even up to 6 and 1/2 years. If you are going to incarcerate someone, then they have the right to have charges brought against them and be tried in a court of law. Claiming that they are terrorists without bringing charges against them or trying them is arbitrary state action. In fact was recently released after 6 1/2 years of imprisonment without ever being tried while be subject to over 200 interrogation sessions.
The Supreme Court has upheld that habeas corpus for Gitmo detainees since it is the backbone of American values and liberty. Alexander Hamilton declared habeas corpus a 'bulwark' of individual liberty, calling secret imprisonment the most 'dangerous engine of arbitrary government.'';
The people there are there for a reason. They are terrorist. It would be much easier in my mind to prove that terrorist are lower than human and unworthy of any rights than to prove that Gitmo in some way violates some rights.
It it would make it easier for you to wrap your mind around look at it this way. These fornicators of goats come from a land where people still live in tribes and they will kill a woman for riding in a car with a man who is not her brother or husband. They had never heard of comprehended the concept of civil rights.
Have a nice day.
Dave
Every single human on the planet deserves the same rights. Every person incarcerated in any prison deserves to be properly charged, represented by an attorney, and given a fair trial.
Plus: aside from the issue of basic human rights, there are surely people mistakenly imprisoned at ';Gitmo'; who are not actually terrorists. There is plenty of racial profiling going on these days...
They are not American citizens, they tried to destroy America, they deserve nothing! I agree with one of the answers that said they should have been executed a long time ago.
Besides, considering where some of these people come from and how they live, Gitmo is a vacation for them!
No, it is a case of housing the worst of the worst terrorists. If it were up to me, they would all have been dead a long time ago.
Its a HUMAN RIGHTS CASE
answera: http://answers.yahoo.com/question/index;_ylt=AsLucLSKwFlifsdat9E1kocazKIX;_ylv=3?qid=20090822183029AAalO9m
Civil rights? Yeah, American citizens civil rights. They were collected on a battle field. They lost their rights when they took up arms to terrorize others.
every person should have some rights. even if they are sick, misguided, and made bad decisions, they are still people. i will never condone torture or ';enhanced interrogation';.
Military tribunals to determine guilt or innocence, not the US court system, please, and keep them in Gitmo, not the USA.
No. Terrorists have NO civil rights other than the right to be tried, found guilty, and executed.
They have the right to answer or die. Answer then die.
What rights should they have?
You know I heard rumors they do not even get Star F u c k s to drink.
Why show any mercy to them when they sure didn't show mercy to anyone?
I have a better idea to solve the Gitmo Issue once and for all,Use it as a Target Range for Naval Artillery.
Heil 0bama!!
well they were forced to make naked piles and were tortured, that violates human rights.
No, what rights do they have? They are not citizens. YET.
Nope!!!
Nope, not a chance!
no
Human rights violations, probably.
How do you go about filing a case for civil court (against someone else)?
Go to the site below:
It's simple and can be done online.
Good luck.
It's simple and can be done online.
Good luck.
Civil case 3 years running with no end in sight?
We are in a fraud and breech of contract battle with a scumbag husband/wife team (hes 65, shes 70) now well into its third year with no apparent end in sight ( approx. $50K-100K in the balance).
For the past 3 years they have done nothing but bring ridiculous motion after ridiculous motion, none of which have amounted to anything more than a 3 year stall tactic in order to make us give up and quit.
Clearly after this long we have no intention of quiting. We have the money to fight them as well as the evidence to defeat them, and they know it.
Anyone have any ideas as to how to bring this to an end? The judge is ultra liberal and is apparently going to allow them to continue with these empty motions into infinity. HELP!!!Civil case 3 years running with no end in sight?
There's really nothing you can do as long as a judge allows it and both parties are willing to drag it out.
Sorry it's taking so long, but I can't say it's unusual. Sometimes, when people refuse to back down and no resolution can be found, this is what happens. You might have a better chance if you mediated, but based on the info you provided, it doesn't look like the other side will consent to that. Looks like you'll just have to wait it out.Civil case 3 years running with no end in sight?
Request that the judge enter a scheduling order.good eyeshadow
For the past 3 years they have done nothing but bring ridiculous motion after ridiculous motion, none of which have amounted to anything more than a 3 year stall tactic in order to make us give up and quit.
Clearly after this long we have no intention of quiting. We have the money to fight them as well as the evidence to defeat them, and they know it.
Anyone have any ideas as to how to bring this to an end? The judge is ultra liberal and is apparently going to allow them to continue with these empty motions into infinity. HELP!!!Civil case 3 years running with no end in sight?
There's really nothing you can do as long as a judge allows it and both parties are willing to drag it out.
Sorry it's taking so long, but I can't say it's unusual. Sometimes, when people refuse to back down and no resolution can be found, this is what happens. You might have a better chance if you mediated, but based on the info you provided, it doesn't look like the other side will consent to that. Looks like you'll just have to wait it out.Civil case 3 years running with no end in sight?
Request that the judge enter a scheduling order.
Saturday, August 21, 2010
Is it mandatory to have a barrister for representation in a civil case in the high court to do with a house?
No, it's not mandatory. Foolish, but not mandatory to have representation.
If you insist on representing yourself, the Judge will try to help you by telling what you can ask, what you can do etc. according to the rules. However, if it's clear you are going to drop yourself in it, he/she may well stop proceedings and insist on your getting representation before he will allow it to continue.
Don't forget, that's exactly what barristers use their professional expertise to do, argue their case and destroy the opposition's case. You are unlikely to succeed against a pro.Is it mandatory to have a barrister for representation in a civil case in the high court to do with a house?
In addition to a party representing himself/herself in the High Court, it is possible for someone to be represented by anyone who either has a right of audience (eg a barrister or Solicitor-Advocate), or who is granted specific permission by the Court to speak on behalf of the party (known as a McKenzie Friend).
There is no doubt that professional representation is best, particularly where property is involved, but that choice is no longer limited to barristers alone, and has not been for some time now.Is it mandatory to have a barrister for representation in a civil case in the high court to do with a house?
You can defend yourself but against a ';professional'; barrister you will be like a lamb to the slaughter.
Their main job is to present/manipulate/innuendo/discredit as necessary. Look at the MP's - 99% who are lawyers - they can twist everything to their advantage!
Barristers are VERY expensive - it's a closed shop - and not worth the money - but frankly are essential in court!
No, it is not mandatory, but you would find yourself at a great disadvantage if you were to represent yourself and it is perfectly possible that having saved money by not briefing a barrister, you would have the misfortune of losing the case and find yourself being ordered to pay the legal costs of the other side.
Not mandatory just sensible. There is a saying that goes something like, '; A man that represents himself has a fool for a client';!
It is never mandatory, but barrister vs no barrister, guess who wins 99% of the time?
yes
If you insist on representing yourself, the Judge will try to help you by telling what you can ask, what you can do etc. according to the rules. However, if it's clear you are going to drop yourself in it, he/she may well stop proceedings and insist on your getting representation before he will allow it to continue.
Don't forget, that's exactly what barristers use their professional expertise to do, argue their case and destroy the opposition's case. You are unlikely to succeed against a pro.Is it mandatory to have a barrister for representation in a civil case in the high court to do with a house?
In addition to a party representing himself/herself in the High Court, it is possible for someone to be represented by anyone who either has a right of audience (eg a barrister or Solicitor-Advocate), or who is granted specific permission by the Court to speak on behalf of the party (known as a McKenzie Friend).
There is no doubt that professional representation is best, particularly where property is involved, but that choice is no longer limited to barristers alone, and has not been for some time now.Is it mandatory to have a barrister for representation in a civil case in the high court to do with a house?
You can defend yourself but against a ';professional'; barrister you will be like a lamb to the slaughter.
Their main job is to present/manipulate/innuendo/discredit as necessary. Look at the MP's - 99% who are lawyers - they can twist everything to their advantage!
Barristers are VERY expensive - it's a closed shop - and not worth the money - but frankly are essential in court!
No, it is not mandatory, but you would find yourself at a great disadvantage if you were to represent yourself and it is perfectly possible that having saved money by not briefing a barrister, you would have the misfortune of losing the case and find yourself being ordered to pay the legal costs of the other side.
Not mandatory just sensible. There is a saying that goes something like, '; A man that represents himself has a fool for a client';!
It is never mandatory, but barrister vs no barrister, guess who wins 99% of the time?
yes
I have a civil case against a company in california in superior court where i am the plaintiff?
i have a civil case against a company in california in superior court where i am the plaintiff if i drop it can i file a new one in small claims for less money? or once i drop it there is nothing else i can do against that company ? please helpI have a civil case against a company in california in superior court where i am the plaintiff?
You will have to ask a lawyer, because rules vary from state to state. In NY, for example, you can withdraw a case without prejudice (meaning you can refile) at any time so long as the defendant has not answered. Once they answer the complaint, you need to get their consent to dismiss the case without prejudice. Ordinarily this isn't difficult to get if the defendant has no counterclaims. But check California rules of procedure because they may differ.good eyeshadow
You will have to ask a lawyer, because rules vary from state to state. In NY, for example, you can withdraw a case without prejudice (meaning you can refile) at any time so long as the defendant has not answered. Once they answer the complaint, you need to get their consent to dismiss the case without prejudice. Ordinarily this isn't difficult to get if the defendant has no counterclaims. But check California rules of procedure because they may differ.
I am the plaintiff in a civil lawsuit case should I have my attorneys settle in the case below or go to trial?
Ok, I am a plaintiff in a civil lawsuit case should I have my attorneys settle because the owner of the defendants law firm wants to settle in one of my cases against his client. Should I settle or should I have my attorneys take it to Jury Trial?I am the plaintiff in a civil lawsuit case should I have my attorneys settle in the case below or go to trial?
You can. It is always a risk when something goes to trial. It also involves increased cost and may delay your receiving payment for a judgment. Even when attorneys take a case on a contingent fee basis, they sometime charge a higher percentage when the case goes to trial as compared to what they would take if the case settled out of court.
Sit down with your own attorneys and take a sharp pencil. Run the numbers and the probabilities of the two outcomes.I am the plaintiff in a civil lawsuit case should I have my attorneys settle in the case below or go to trial?
Without knowing the case we can't answer. We don't know how strong of a case you have. We don't know the offer, or what you are asking for, or what the damages were. So based on the COMPLETE lack of details I say do you want to go to trial. Nothing wrong with settling for less so you get that amount AND don't have to go to Court.
Yes! you can.
You can. It is always a risk when something goes to trial. It also involves increased cost and may delay your receiving payment for a judgment. Even when attorneys take a case on a contingent fee basis, they sometime charge a higher percentage when the case goes to trial as compared to what they would take if the case settled out of court.
Sit down with your own attorneys and take a sharp pencil. Run the numbers and the probabilities of the two outcomes.I am the plaintiff in a civil lawsuit case should I have my attorneys settle in the case below or go to trial?
Without knowing the case we can't answer. We don't know how strong of a case you have. We don't know the offer, or what you are asking for, or what the damages were. So based on the COMPLETE lack of details I say do you want to go to trial. Nothing wrong with settling for less so you get that amount AND don't have to go to Court.
Yes! you can.
How does a case in civil court get dimissed by the court without predudice.?
I am involved in this lawsuit. I was wondering, can a court dimiss the case without prejudiced? If so, what motion can the plaintiff file to get it dismissed without prejudice?How does a case in civil court get dimissed by the court without predudice.?
It is better to have been dismissed without prejudice than with prejudice.
Without more information, my guess is that the plaintiff has failed to follow through on his/her lawsuit. Unlike criminal cases, where the court pays strict attention to time lines and deadlines, civil courts are under no obligation to set matters for trial until the parties are ready. Here, I'll bet that your state has a rule of civil procedure that requires an act within six months beore the last responsive pleading had been filed. So, if the plaintiff filed suit, defendant answered, and plaintiff just sat on his/her hands waiting for the court to do something, I'll bet six or so months have passed and the court has kicked the case from its docket.
There are rules to reinstate, I think rule 41 or 42, that deal with reinstating a lawsuit for failure to prosecute. They are very rigid, so the plaintiff needs to act promptly or pony up the filing fee and start all over.
The other reason could be that the defendant filed a motion under rule 12, usually a 12(b)(6) motion, that says the plaintiff's claim (if accepted as true) fails because there is no legal relief available. This motion practice can be confusing, but it really doesn't matter since the dismissal was without prejudice and the action can simply be refiled in (a) the appropriate venue, (b) the appropriate court with subject matter jurisdiction, or (c) under the legal framework where there is a potential for a legal remedy.How does a case in civil court get dimissed by the court without predudice.?
Normally if a court dismisses a lawsuit, it will be with prejudice, meaning the plaintiff may not file it again. If there is some technicality with the complaint or service that the plaintiff should be allowed to try to fix, then the court may dismiss it without prejudice, meaning that the plaintiff can file the suit again and try to get it right this time. A plaintiff can file a voluntary dismissal of their own suit at any time, and those are usually without prejudice.
It is better to have been dismissed without prejudice than with prejudice.
Without more information, my guess is that the plaintiff has failed to follow through on his/her lawsuit. Unlike criminal cases, where the court pays strict attention to time lines and deadlines, civil courts are under no obligation to set matters for trial until the parties are ready. Here, I'll bet that your state has a rule of civil procedure that requires an act within six months beore the last responsive pleading had been filed. So, if the plaintiff filed suit, defendant answered, and plaintiff just sat on his/her hands waiting for the court to do something, I'll bet six or so months have passed and the court has kicked the case from its docket.
There are rules to reinstate, I think rule 41 or 42, that deal with reinstating a lawsuit for failure to prosecute. They are very rigid, so the plaintiff needs to act promptly or pony up the filing fee and start all over.
The other reason could be that the defendant filed a motion under rule 12, usually a 12(b)(6) motion, that says the plaintiff's claim (if accepted as true) fails because there is no legal relief available. This motion practice can be confusing, but it really doesn't matter since the dismissal was without prejudice and the action can simply be refiled in (a) the appropriate venue, (b) the appropriate court with subject matter jurisdiction, or (c) under the legal framework where there is a potential for a legal remedy.How does a case in civil court get dimissed by the court without predudice.?
Normally if a court dismisses a lawsuit, it will be with prejudice, meaning the plaintiff may not file it again. If there is some technicality with the complaint or service that the plaintiff should be allowed to try to fix, then the court may dismiss it without prejudice, meaning that the plaintiff can file the suit again and try to get it right this time. A plaintiff can file a voluntary dismissal of their own suit at any time, and those are usually without prejudice.
Should a person be allowed to be found innocent in a civil case and guilty in a criminal case?
OK, not quibbling over terminology.
For a person to be found liable (that's the word) in a civil case, the burden of proof is preponderance of evidence. In other words, which side's story is more likely and better supported.
For a person to be found guilty in a criminal trial, the state needs to proof guilt beyond a reasonable doubt. This is a more strict standard.
If someone is found criminally liable, the civil case should be easy to prove. But, of course, with juries, something can come up to sway the jurors. Because they are different court cases, they can have different results.Should a person be allowed to be found innocent in a civil case and guilty in a criminal case?
certainly. The simplest way is for the civil plaintiff not to show up or present any evidence. In that case, judgment would be for the defendant (that is not a finding that one is ';innocent.'; It is just a judgment that one doesn't have to pay any damages. Then, in the criminal trial, the prosecutor presents the evidence and the defendant is convicted. Double jeopardy applies only to criminal charges and the existence of the civil suit doesn't enter into it.Should a person be allowed to be found innocent in a civil case and guilty in a criminal case?
Yes. Depending on the severity of a criminal case, the charges of the criminal case may not be applicable to those of the civil case.
However, this is not a likely scenario - in a criminal case, the person must be found guilty beyond a reasonable doubt, while in a civil case, the decision is not so concrete.
Well, I would say it depends on which case goes to court first. If the civil trial happens first, then I would say, yes, it would be possible you could be found not liable, then later, found guilty in criminal court. However, if you were found guilty in criminal court first, then a civil trial took place, your goose would probably be cooked in civil court, because you have already been found guilty beyond reasonable doubt for the action, which is much more than is needed to establish liability in civil court.
NO THEY SHOULD NOT
however, they should be able to be found guilty in civil case, but innocent in a criminal case.
the burden of proof is different in both cases
in a criminal case it is beyond a reasonable doubt that the person commited the crime, but in a civil case it is whether or not it was likely for the person to do it
No-one is found ';innocent'; or ';guilty'; in a civil case, because civil cases do not determine guilt or innocence.
A criminal case decides if someone is guilty of committing a crime. A civil case determines if someone owes someone else money. Different cases, different rules, different burden of proof.
Richard
Yes, different statutes (laws) and there is often different parameters that determine guilt and innnocence.
If you do not like the laws get to work and get them changed.
that is the way of your political law makers they should they be the ones to anwser this question are any of you on line to answer.My answer is NO
sure, they are separate matters in separate courts with separate standards of proof.
Yes.
And that is already possible under US law.
For a person to be found liable (that's the word) in a civil case, the burden of proof is preponderance of evidence. In other words, which side's story is more likely and better supported.
For a person to be found guilty in a criminal trial, the state needs to proof guilt beyond a reasonable doubt. This is a more strict standard.
If someone is found criminally liable, the civil case should be easy to prove. But, of course, with juries, something can come up to sway the jurors. Because they are different court cases, they can have different results.Should a person be allowed to be found innocent in a civil case and guilty in a criminal case?
certainly. The simplest way is for the civil plaintiff not to show up or present any evidence. In that case, judgment would be for the defendant (that is not a finding that one is ';innocent.'; It is just a judgment that one doesn't have to pay any damages. Then, in the criminal trial, the prosecutor presents the evidence and the defendant is convicted. Double jeopardy applies only to criminal charges and the existence of the civil suit doesn't enter into it.Should a person be allowed to be found innocent in a civil case and guilty in a criminal case?
Yes. Depending on the severity of a criminal case, the charges of the criminal case may not be applicable to those of the civil case.
However, this is not a likely scenario - in a criminal case, the person must be found guilty beyond a reasonable doubt, while in a civil case, the decision is not so concrete.
Well, I would say it depends on which case goes to court first. If the civil trial happens first, then I would say, yes, it would be possible you could be found not liable, then later, found guilty in criminal court. However, if you were found guilty in criminal court first, then a civil trial took place, your goose would probably be cooked in civil court, because you have already been found guilty beyond reasonable doubt for the action, which is much more than is needed to establish liability in civil court.
NO THEY SHOULD NOT
however, they should be able to be found guilty in civil case, but innocent in a criminal case.
the burden of proof is different in both cases
in a criminal case it is beyond a reasonable doubt that the person commited the crime, but in a civil case it is whether or not it was likely for the person to do it
No-one is found ';innocent'; or ';guilty'; in a civil case, because civil cases do not determine guilt or innocence.
A criminal case decides if someone is guilty of committing a crime. A civil case determines if someone owes someone else money. Different cases, different rules, different burden of proof.
Richard
Yes, different statutes (laws) and there is often different parameters that determine guilt and innnocence.
If you do not like the laws get to work and get them changed.
that is the way of your political law makers they should they be the ones to anwser this question are any of you on line to answer.My answer is NO
sure, they are separate matters in separate courts with separate standards of proof.
Yes.
And that is already possible under US law.
How do you drop a civil case?
I want to drop a case that is against my brother that I put on him for when he hit me but the DA won't drop it where else can I go to drop it.I am not going to testify against him.I just don't want anything to happen to him so how do I drop this case?How do you drop a civil case?
Civil or criminal? The DA is usually only involved in criminal cases
Civil or criminal? The DA is usually only involved in criminal cases
Is ';prosecute'; the right word for a civil court case?
I know that in civil cases, the person bringing the lawsuit against another person is the ';plaintiff';, not the ';prosecution'; like in criminal cases. However, can you still say that the plaintiff is ';prosecuting'; the person who is the defendant?
An answer from somebody who is actually affiliated with the legal profession and the law would be helpful.
Thank you!Is ';prosecute'; the right word for a civil court case?
In a civil case one can ';prosecute'; a claim, meaning advance a claim, but the word is not applied to people. So you prosecute a claim, but you do not prosecute a person. The term is rarely used because it tends to give rise to misunderstanding. The only time I see it used in civil cases is on appeal where it is said that the appellant is prosecuting the appeal.Is ';prosecute'; the right word for a civil court case?
the plaintiff has brought forth a 'lawsuit' against the defendent,.thus the plaintiff is 'suing' the defendent
An answer from somebody who is actually affiliated with the legal profession and the law would be helpful.
Thank you!Is ';prosecute'; the right word for a civil court case?
In a civil case one can ';prosecute'; a claim, meaning advance a claim, but the word is not applied to people. So you prosecute a claim, but you do not prosecute a person. The term is rarely used because it tends to give rise to misunderstanding. The only time I see it used in civil cases is on appeal where it is said that the appellant is prosecuting the appeal.Is ';prosecute'; the right word for a civil court case?
the plaintiff has brought forth a 'lawsuit' against the defendent,.thus the plaintiff is 'suing' the defendent
What is the difference between a Civil/Criminal Case ?
I am not good w/ the Law %26amp; wanted to know what is the difference
between Civil/Criminal ??What is the difference between a Civil/Criminal Case ?
Criminal law is a violation of state or federal law. It is a wrong against the government, or society in general.
Civil law is a wrong between two private parties. You are not jailed for a civil court.
Some other differences:
-You can be jailed for a criminal violation, not a civil one.
-A criminal conviction requires a unanimous verdict by the jury. A civil only requires 10 of 12, or 5 of 6.
-You can be summoned to both a criminal court and a civil court for the same matter. The OJ Simpson murder trial is an example.
-The burden of proof is different. A criminal trial requires proof ';beyond a reasonable doubt';. A civil trial requires a ';preponderance of the evidence';. In other words, you just need to prove it is more likely it happened than it didn't.
-The rules of evidence are different. Much of the evidence against OJ could not be used in the criminal murder trial, but was allowed for the wrongful death civil trial.What is the difference between a Civil/Criminal Case ?
There are a number of differences in both criminal and civil cases. Although this applies to UK law many other legal systems are similar.
1. BURDEN OF PROOF
In a civil case when a case is taken to court it must be proven on the ';balance of probability';. In a criminal case the burden is ';beyond all reasonable doubt';. This is because in criminal cases a person's liberty may be taken away if found in the wrong.
2. PROCEEDINGS
In civil cases the proceedings are brought by individuals. Criminal cases are usually brought by the state against the person. The exception to this is a ';Private Prosecution'; where the public can bring cases if they feel the state has not acted effectively or will not bring a prosecution on the evidence available.
3. FINE v PUNISHEMENT
In Civil actions the remedy sought by a Claimant/Plaintiff is damages. These are to compensate a party. In a Criminal action the wrongdoer is punished by imprisonment. This is not always the case as Criminal courts do have the power to fine others.
4. DIFFERENT COURTS
Different courts deal with Civil and Criminal actions. Civil cases are dealt with by the County and High Courts whilst Criminal proceedings are dealt with by the Magistrates and Crown Court.
Hope this helps!
A civil case is like a forclosure on a house or a matter between two parties. Criminal is when you break the law.
Criminal is a violation of the law.
Civil is breach of tort.good eyeshadow
between Civil/Criminal ??What is the difference between a Civil/Criminal Case ?
Criminal law is a violation of state or federal law. It is a wrong against the government, or society in general.
Civil law is a wrong between two private parties. You are not jailed for a civil court.
Some other differences:
-You can be jailed for a criminal violation, not a civil one.
-A criminal conviction requires a unanimous verdict by the jury. A civil only requires 10 of 12, or 5 of 6.
-You can be summoned to both a criminal court and a civil court for the same matter. The OJ Simpson murder trial is an example.
-The burden of proof is different. A criminal trial requires proof ';beyond a reasonable doubt';. A civil trial requires a ';preponderance of the evidence';. In other words, you just need to prove it is more likely it happened than it didn't.
-The rules of evidence are different. Much of the evidence against OJ could not be used in the criminal murder trial, but was allowed for the wrongful death civil trial.What is the difference between a Civil/Criminal Case ?
There are a number of differences in both criminal and civil cases. Although this applies to UK law many other legal systems are similar.
1. BURDEN OF PROOF
In a civil case when a case is taken to court it must be proven on the ';balance of probability';. In a criminal case the burden is ';beyond all reasonable doubt';. This is because in criminal cases a person's liberty may be taken away if found in the wrong.
2. PROCEEDINGS
In civil cases the proceedings are brought by individuals. Criminal cases are usually brought by the state against the person. The exception to this is a ';Private Prosecution'; where the public can bring cases if they feel the state has not acted effectively or will not bring a prosecution on the evidence available.
3. FINE v PUNISHEMENT
In Civil actions the remedy sought by a Claimant/Plaintiff is damages. These are to compensate a party. In a Criminal action the wrongdoer is punished by imprisonment. This is not always the case as Criminal courts do have the power to fine others.
4. DIFFERENT COURTS
Different courts deal with Civil and Criminal actions. Civil cases are dealt with by the County and High Courts whilst Criminal proceedings are dealt with by the Magistrates and Crown Court.
Hope this helps!
A civil case is like a forclosure on a house or a matter between two parties. Criminal is when you break the law.
Criminal is a violation of the law.
Civil is breach of tort.
What are some famous supreme court cases on civil rights?
*Dred Scott v. Sandford
*Brown v. Board of Education
*Loviing v. Virginia
http://public.findlaw.com/civil-rights/c鈥?/a>What are some famous supreme court cases on civil rights?
Dred Scott v. Sanford
Plessy v. Fergusen
Korematsu v. U.S.
Brown v. U.S. Board of Education
Brown v. U.S. Board of Education II
Baily v. Patterson
Loving v. Virginia
Jone v. Mayor Co.What are some famous supreme court cases on civil rights?
http://www.law.cornell.edu/supct/search/鈥?/a>
http://americanhistory.about.com/od/civi鈥?/a>
http://www.infoplease.com/spot/bhmsuprem鈥?/a>
Too many to list here.
Plessy vs. Ferguson
There are too numerous to list. Look at www.public.findlaw.com
*Brown v. Board of Education
*Loviing v. Virginia
http://public.findlaw.com/civil-rights/c鈥?/a>What are some famous supreme court cases on civil rights?
Dred Scott v. Sanford
Plessy v. Fergusen
Korematsu v. U.S.
Brown v. U.S. Board of Education
Brown v. U.S. Board of Education II
Baily v. Patterson
Loving v. Virginia
Jone v. Mayor Co.What are some famous supreme court cases on civil rights?
http://www.law.cornell.edu/supct/search/鈥?/a>
http://americanhistory.about.com/od/civi鈥?/a>
http://www.infoplease.com/spot/bhmsuprem鈥?/a>
Too many to list here.
Plessy vs. Ferguson
There are too numerous to list. Look at www.public.findlaw.com
If you dismiss a civil case in Georgia without prejudice how long do you have to refile in Federal court ?
If you are wanting to transfer to Federal court, do not dismiss the State case in GA, request/motion for a transfer to Federal that way you do not loose your statute of limitations protection. Everything has a statute of limitations and if you dismiss your GA case the clock is still ticking from the date of the incident. You have to file before the deadline of the statute of limitations or you are SOL. Like with Personal Injury cases. Most States you have 1 year to file your lawsuit some are 2 years. Good luck
What would I need to bring for the following civil court case?
Ok I was engaged and my fiance had a credit card (was onmy account) for emergencies...either way our definition differed and he cheated on me after raking in about 1k on it . He said after the fact he'd pay me back so I told him 800. He has paid 200 of it.
He owes 600 but I'm a college student working to pay off school and my car I don't have 600 dollars to pay it off. I think I have a decent civil court case.
I have credit card charges and will high light all his, my marriage licence still, anything else I should bring or need?
IWhat would I need to bring for the following civil court case?
See you on Judge Judy!
Get copies of the original sales slips showing HIS signature on the charges. Simply having the charges doesn't PROVE he incurred them- you need HIS signature for that.What would I need to bring for the following civil court case?
Good luck. Your (was onmy account) will get ya. If you gave your permission to use your charge your out the money.. When you say ';Highlight his'; then that will tell the Judge it's your account.
For that amount you can only go to small claims court.
You probably won't win though because when you add someone to your account you are assuming responsibility no matter what. If I were going to do it though I would get records from the credit card company of what receipts you signed and what he signed, this will be more compelling than just highlight what charges are his - you'll have proof! Good luck!
He owes 600 but I'm a college student working to pay off school and my car I don't have 600 dollars to pay it off. I think I have a decent civil court case.
I have credit card charges and will high light all his, my marriage licence still, anything else I should bring or need?
IWhat would I need to bring for the following civil court case?
See you on Judge Judy!
Get copies of the original sales slips showing HIS signature on the charges. Simply having the charges doesn't PROVE he incurred them- you need HIS signature for that.What would I need to bring for the following civil court case?
Good luck. Your (was onmy account) will get ya. If you gave your permission to use your charge your out the money.. When you say ';Highlight his'; then that will tell the Judge it's your account.
For that amount you can only go to small claims court.
You probably won't win though because when you add someone to your account you are assuming responsibility no matter what. If I were going to do it though I would get records from the credit card company of what receipts you signed and what he signed, this will be more compelling than just highlight what charges are his - you'll have proof! Good luck!
What does VACATED mean in regards to a civil court case?
I see a civil court case that has VACATED in the Disposition column. What does that mean?What does VACATED mean in regards to a civil court case?
It means that the issue was dropped before a decision was made for either the plaintiff or the defendant. What does VACATED mean in regards to a civil court case?
to render inoperative; deprive of validity; void; annul: to vacate a legal judgment.
It means that the issue was dropped before a decision was made for either the plaintiff or the defendant. What does VACATED mean in regards to a civil court case?
to render inoperative; deprive of validity; void; annul: to vacate a legal judgment.
Can my fiancee leave the country and work abroad even if he has a civil case?
he is delinquent in paying his credit card due but willing to pay if he will get this job overseas,he is afraid to try but i kept on pushing him to solve his credit problem..thank youCan my fiancee leave the country and work abroad even if he has a civil case?
If he is involved in a legal case and leaves town, much less the country, he will be in more trouble when they catch up with him. It then becomes a federal case.Can my fiancee leave the country and work abroad even if he has a civil case?
credit problems have nothing to do with visa issues or travelling abroad. If he can make money overseas to pay off his credit debt, he should do it.
If he is involved in a legal case and leaves town, much less the country, he will be in more trouble when they catch up with him. It then becomes a federal case.Can my fiancee leave the country and work abroad even if he has a civil case?
credit problems have nothing to do with visa issues or travelling abroad. If he can make money overseas to pay off his credit debt, he should do it.
How long does a Sherrif have to give his findings on a civil case in Edinburgh Sherrif Courts?
THIS CAN BE ANYTHING UP TO 12 MONTHS BUT NO LONGERHow long does a Sherrif have to give his findings on a civil case in Edinburgh Sherrif Courts?
If the case is at Avizandam then he can take as long as he or she likes.How long does a Sherrif have to give his findings on a civil case in Edinburgh Sherrif Courts?
He has as long as the case is opened.good eyeshadow
If the case is at Avizandam then he can take as long as he or she likes.How long does a Sherrif have to give his findings on a civil case in Edinburgh Sherrif Courts?
He has as long as the case is opened.
Can someone out of the US file a civil case in the US court.?
An individual had some unfair treatment meeted out to him by an organisation in his country as a result of things that were happening to him by an organisation in the US. The organisation in his country have main offices based in the US.Can someone out of the US file a civil case in the US court.?
There are a couple of factors here. One, was the issue a direct result of instructions from the US office. Two, where did the incident occur. Three, what was the relationship between the two organizations (its different if they were the same entity versus being different entities working together).
Consult a lawyer who specializes in intl law. You will need one to file a inter-country suit anyway.Can someone out of the US file a civil case in the US court.?
Can but it's hard.
remember all those poor people in Bophal who suffered because of bad practice by Union Carbide?
They couldn't do a thing about compensation (Typical USA protecting its own, bugger the rights and wrongs ) but waited until a senior executive had the insufferable arrogance to visit India, when they promptly arrested him, and so they should have, bastards.
You are bound by the laws of the land you are in. If the actions did not constitute a violation in the country where it happened, then there is no suit to file here.
it only depends where the issue happen at.
In your situation You would have to file it in oyour country for the us people.
There are a couple of factors here. One, was the issue a direct result of instructions from the US office. Two, where did the incident occur. Three, what was the relationship between the two organizations (its different if they were the same entity versus being different entities working together).
Consult a lawyer who specializes in intl law. You will need one to file a inter-country suit anyway.Can someone out of the US file a civil case in the US court.?
Can but it's hard.
remember all those poor people in Bophal who suffered because of bad practice by Union Carbide?
They couldn't do a thing about compensation (Typical USA protecting its own, bugger the rights and wrongs ) but waited until a senior executive had the insufferable arrogance to visit India, when they promptly arrested him, and so they should have, bastards.
You are bound by the laws of the land you are in. If the actions did not constitute a violation in the country where it happened, then there is no suit to file here.
it only depends where the issue happen at.
In your situation You would have to file it in oyour country for the us people.
Does anyone know of a good lawyer in Los Angeles area that will take a civil case against the police?
In need of a lawyer ASAPDoes anyone know of a good lawyer in Los Angeles area that will take a civil case against the police?
You can contact your local BAR association - they have a lawyer referral service. They will be able to give you the names of some lawyers to talk to. It's still up to the lawyer to decide to take the case, but that's a place to start when looking for an attorney.Does anyone know of a good lawyer in Los Angeles area that will take a civil case against the police?
Try Rob Kitson, shoot me an email and I will get you his cell number.
Rumor has it the guy is good.
Superlawyers.com, click on Los Angeles area...
You can contact your local BAR association - they have a lawyer referral service. They will be able to give you the names of some lawyers to talk to. It's still up to the lawyer to decide to take the case, but that's a place to start when looking for an attorney.Does anyone know of a good lawyer in Los Angeles area that will take a civil case against the police?
Try Rob Kitson, shoot me an email and I will get you his cell number.
Rumor has it the guy is good.
Superlawyers.com, click on Los Angeles area...
What happen at a civil case if I used the fifth amendment?
I'm involved in avery bitter civil case with my ex- husband, I was told I could use the fifth amendment at the superior courtWhat happen at a civil case if I used the fifth amendment?
The Fifth Amendment privilege against self-incrimination may be invoked in criminal or civil matters when an individual's testimony creates a possibility of criminal prosecution. Kastigar v. United States, 406 U.S. 441, 444, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972). The privilege is applicable in response to specific inquiries that call for the admission of a crime or objectively create ';some tendency'; to subject the individual to criminal liability. In re High Fructose Corn Syrup Antitrust Litigation, 295 F.3d 651, 663-64 (7th Cir. 2002). The privilege may be waived when a party voluntary testifies to incriminating facts. Rogers v. United States, 340 U.S. 367, 373, 71 S.Ct. 438, 442, 95 L.Ed. 344 (1951); Harris v. City of Chicago, 266 F.3d 750, 754 (7th Cir. 2001). See also Mitchell v. Zenon Construction Company, 149 F.R.D. 513, 514 (D. V.I. 1992). [*8]
The privilege is acknowledged widely as a personal, individual right. Braswell v. United States, 487 U.S. 99, 117, 108 S.Ct. 2284, 2295, 101 L.Ed.2d 98 (1988). Corporate entities have no privilege against self-incrimination under the Fifth Amendment to the United States Constitution. Nowaczyk v. Matingas, 146 F.R.D. 169, 177 n.4 (N.D. Ill. 1993) (citing U.S. v. Kordel, 397 U.S. 1, 7-8, 90 S.Ct. 763, 767, 25 L.Ed.2d 1 (1970)). Additionally, corporations cannot assert the individual privilege against self-incrimination held by their employees. Nowaczyk, 146 F.R.D. at 177 n.4. See also Braswell, 487 U.S. at 117, 108 S.Ct. at 2295 (';[A] corporate custodian is not entitled to resist a subpoena on the ground that his act of production will be personally incriminating.';).
If there is no criminal charge that might result from the testimony and a party invokes the Fifth Amendment, then the above answer becomes correct - it is not unconstituttional for the judge to instruct that a negative inference be drawn from a refusal to testify..What happen at a civil case if I used the fifth amendment?
The 2nd and 3rd answers are both good, with a lot of case citations that may help your attorney. There is a 3rd option which may or may not be helpful. Ask your lawyer if you can get immunity in exchange for testifying. That usually happens in criminal cases, but can be used in civil cases. I can't tell from your question if it would apply to your situation, but it's worth asking.
You can invoke your fifth amendment right against self-incrimination in a civil proceeding. Under certain circumstances, however, the judge/trier of fact is permitted to draw an adverse inference from your invocation of the fifth. For example, if you take the fifth in response to the question, ';Have you ever taken illegal drugs in the presence of your children?'; it may be permissible for the judge to infer that you have, in fact, done so.
hard to say without more information
The Fifth Amendment privilege against self-incrimination may be invoked in criminal or civil matters when an individual's testimony creates a possibility of criminal prosecution. Kastigar v. United States, 406 U.S. 441, 444, 92 S.Ct. 1653, 32 L.Ed.2d 212 (1972). The privilege is applicable in response to specific inquiries that call for the admission of a crime or objectively create ';some tendency'; to subject the individual to criminal liability. In re High Fructose Corn Syrup Antitrust Litigation, 295 F.3d 651, 663-64 (7th Cir. 2002). The privilege may be waived when a party voluntary testifies to incriminating facts. Rogers v. United States, 340 U.S. 367, 373, 71 S.Ct. 438, 442, 95 L.Ed. 344 (1951); Harris v. City of Chicago, 266 F.3d 750, 754 (7th Cir. 2001). See also Mitchell v. Zenon Construction Company, 149 F.R.D. 513, 514 (D. V.I. 1992). [*8]
The privilege is acknowledged widely as a personal, individual right. Braswell v. United States, 487 U.S. 99, 117, 108 S.Ct. 2284, 2295, 101 L.Ed.2d 98 (1988). Corporate entities have no privilege against self-incrimination under the Fifth Amendment to the United States Constitution. Nowaczyk v. Matingas, 146 F.R.D. 169, 177 n.4 (N.D. Ill. 1993) (citing U.S. v. Kordel, 397 U.S. 1, 7-8, 90 S.Ct. 763, 767, 25 L.Ed.2d 1 (1970)). Additionally, corporations cannot assert the individual privilege against self-incrimination held by their employees. Nowaczyk, 146 F.R.D. at 177 n.4. See also Braswell, 487 U.S. at 117, 108 S.Ct. at 2295 (';[A] corporate custodian is not entitled to resist a subpoena on the ground that his act of production will be personally incriminating.';).
If there is no criminal charge that might result from the testimony and a party invokes the Fifth Amendment, then the above answer becomes correct - it is not unconstituttional for the judge to instruct that a negative inference be drawn from a refusal to testify..What happen at a civil case if I used the fifth amendment?
The 2nd and 3rd answers are both good, with a lot of case citations that may help your attorney. There is a 3rd option which may or may not be helpful. Ask your lawyer if you can get immunity in exchange for testifying. That usually happens in criminal cases, but can be used in civil cases. I can't tell from your question if it would apply to your situation, but it's worth asking.
You can invoke your fifth amendment right against self-incrimination in a civil proceeding. Under certain circumstances, however, the judge/trier of fact is permitted to draw an adverse inference from your invocation of the fifth. For example, if you take the fifth in response to the question, ';Have you ever taken illegal drugs in the presence of your children?'; it may be permissible for the judge to infer that you have, in fact, done so.
hard to say without more information
Would I have a civil case against my neighbor for having my cat fixed without my permission?
I didn't know the cat was broken.Would I have a civil case against my neighbor for having my cat fixed without my permission?
Depends. Did the neighbor know without a doubt it was YOUR cat? Is it drastically important that your animal remain intact? Is it a purebred for stud or breeding purposes and worth less if it's altered? If it was so important that it not be neutered/spayed, why wasn't it kept indoors?
I've taken in two stray males that just showed up one day. I tried to find the owners, but after a month of them spraying here and there and no owner to claim them, off they went to get neutered and vetted. I adopt out cats to responsible homes, ones that commit to taking care of them and not adding to the cat population. I did have them checked for rmicrochips before having any vet work done because I wasn't about to fix someone elses cat if it was just a poor lost kitty. But in my neighborhood, there have been many sudden vacancies and bank foreclosures so these little guys I'm sure used to be inside cats at some time and were just left behind to fend for themselves (they wanted to come in rather badly) and they didn't want to go back out once they were in.
But if the owner of any of these cats showed up I'd probably have a case against them because the cats were in such bad shape when I found them I could have proven (1) neglect and (2) my attempts to locate the owner. Unless someone MADE me surrender them, I wouldn't give them back, even if they did reimburse me for all the money I spent getting them well again.Would I have a civil case against my neighbor for having my cat fixed without my permission?
although i do agree that cats should be neutured asap as there are sooooo many strays and you shouldnt let it have run around without being neutered, this is not right and you can file charges against them, im not sure whether it would go anywhere but this is a very wrong thing for them to do and they had no right to do this, obviously you can't just call the police but speak to your solicitor and see if this is a case that is worth doing something about, in the mean time
you should get him or her fixed and see how they like it!
RGxxx
It depends on the situation. If you have an outdoor cat with no identification, then your neighbor can tell the court that he believe the cat to be a stray and he is just doing what he think is right. However, if you can prove to the court that your neighbor is well aware that the cat belongs to you and he secretly have him fixed, then you might have a case there.
MANY years ago, before I was smart enough to know that cats live longer when kept inside, there was a black and white, male ( one front paw missing ) that always came up my driveway, and ';messed up'; my purebred Siamese litters! He didn't seem to have a home, because he was always hanging around my house. He looked ';scruffy';, like nobody was taking care of him......
So, I decided to ';make friends'; with him! I figured, if no one was taking care of him, and just letting him ROAM around, he ';needed'; a home. After a few days of calling him TO me, instead of SHOOING him AWAY, he came to me to be petted.
I picked him up, put him in my truck, and took him to my vet, where he was neutered ! When I brought him home, I let him loose in the front yard, so he could go home if he wanted to ( and if he had a home to go to ). He stayed at my house for 10 years!!!
NO ONE came looking for him.......no flyers, no notices at the vets, no inquiries at the shelter.........so, he now had a home with me, but never made anymore ';accidental'; litters of kittens.
He died of old age, still fat and happy........
So, this is the ';other side'; of your question..........
if your not a professional breeder then you'll need to get your cat neutered/spayed sooner or later .If you don't plan to then i'd say your neighbor jus' took the action doin' it right for you . i wouldn't file any charges on your neighbor .
well i dont know the answer to your question, but you are lucky that your neighbours did that, because it should have been done sooner than later! be thankful they did that and you didnt have to pay the bill.
possibly, but because of civil leash laws it may come back and bite you. it was illegal for you to allow your cat to run free and cause a nuisance.
I agree with what he said. If he did it knowing it was your cat then ya by all means you have a case. I believe I saw something like this on judge judy once and the person won =)
i think your neighbour done you a favour and your cat there is so many stray cats about and unwanted cats in rescue centres
Depends. Did the neighbor know without a doubt it was YOUR cat? Is it drastically important that your animal remain intact? Is it a purebred for stud or breeding purposes and worth less if it's altered? If it was so important that it not be neutered/spayed, why wasn't it kept indoors?
I've taken in two stray males that just showed up one day. I tried to find the owners, but after a month of them spraying here and there and no owner to claim them, off they went to get neutered and vetted. I adopt out cats to responsible homes, ones that commit to taking care of them and not adding to the cat population. I did have them checked for rmicrochips before having any vet work done because I wasn't about to fix someone elses cat if it was just a poor lost kitty. But in my neighborhood, there have been many sudden vacancies and bank foreclosures so these little guys I'm sure used to be inside cats at some time and were just left behind to fend for themselves (they wanted to come in rather badly) and they didn't want to go back out once they were in.
But if the owner of any of these cats showed up I'd probably have a case against them because the cats were in such bad shape when I found them I could have proven (1) neglect and (2) my attempts to locate the owner. Unless someone MADE me surrender them, I wouldn't give them back, even if they did reimburse me for all the money I spent getting them well again.Would I have a civil case against my neighbor for having my cat fixed without my permission?
although i do agree that cats should be neutured asap as there are sooooo many strays and you shouldnt let it have run around without being neutered, this is not right and you can file charges against them, im not sure whether it would go anywhere but this is a very wrong thing for them to do and they had no right to do this, obviously you can't just call the police but speak to your solicitor and see if this is a case that is worth doing something about, in the mean time
you should get him or her fixed and see how they like it!
RGxxx
It depends on the situation. If you have an outdoor cat with no identification, then your neighbor can tell the court that he believe the cat to be a stray and he is just doing what he think is right. However, if you can prove to the court that your neighbor is well aware that the cat belongs to you and he secretly have him fixed, then you might have a case there.
MANY years ago, before I was smart enough to know that cats live longer when kept inside, there was a black and white, male ( one front paw missing ) that always came up my driveway, and ';messed up'; my purebred Siamese litters! He didn't seem to have a home, because he was always hanging around my house. He looked ';scruffy';, like nobody was taking care of him......
So, I decided to ';make friends'; with him! I figured, if no one was taking care of him, and just letting him ROAM around, he ';needed'; a home. After a few days of calling him TO me, instead of SHOOING him AWAY, he came to me to be petted.
I picked him up, put him in my truck, and took him to my vet, where he was neutered ! When I brought him home, I let him loose in the front yard, so he could go home if he wanted to ( and if he had a home to go to ). He stayed at my house for 10 years!!!
NO ONE came looking for him.......no flyers, no notices at the vets, no inquiries at the shelter.........so, he now had a home with me, but never made anymore ';accidental'; litters of kittens.
He died of old age, still fat and happy........
So, this is the ';other side'; of your question..........
if your not a professional breeder then you'll need to get your cat neutered/spayed sooner or later .If you don't plan to then i'd say your neighbor jus' took the action doin' it right for you . i wouldn't file any charges on your neighbor .
well i dont know the answer to your question, but you are lucky that your neighbours did that, because it should have been done sooner than later! be thankful they did that and you didnt have to pay the bill.
possibly, but because of civil leash laws it may come back and bite you. it was illegal for you to allow your cat to run free and cause a nuisance.
I agree with what he said. If he did it knowing it was your cat then ya by all means you have a case. I believe I saw something like this on judge judy once and the person won =)
i think your neighbour done you a favour and your cat there is so many stray cats about and unwanted cats in rescue centres
Federal judges dies during civil case?
The judge presiding over my civil case has recently died from a prolonged illness that was unknown to us. What happens now? I am planing on transitioning into a pro se litigant and need to file emergency injunction against my adversary asap. This is not a request for legal advise just trying to figure out what to expect.Federal judges dies during civil case?
This is what will happen: another judge will be assigned to the case and he/she will have no clue what's going on; and you'll have to start all over again.
Of course the new judge will read the court records but those records don't have the personal opinion, and notes of the original judge. So this could hurt you if you were ';winning'; in the mid of the former judge, but in the other side this could help you if you were losing.
This is what will happen: another judge will be assigned to the case and he/she will have no clue what's going on; and you'll have to start all over again.
Of course the new judge will read the court records but those records don't have the personal opinion, and notes of the original judge. So this could hurt you if you were ';winning'; in the mid of the former judge, but in the other side this could help you if you were losing.
Would I have a civil case against my neighbor for having my cat fixed without my permission?
I didn't know the cat was broken.Would I have a civil case against my neighbor for having my cat fixed without my permission?
Depends. Did the neighbor know without a doubt it was YOUR cat? Is it drastically important that your animal remain intact? Is it a purebred for stud or breeding purposes and worth less if it's altered? If it was so important that it not be neutered/spayed, why wasn't it kept indoors?
I've taken in two stray males that just showed up one day. I tried to find the owners, but after a month of them spraying here and there and no owner to claim them, off they went to get neutered and vetted. I adopt out cats to responsible homes, ones that commit to taking care of them and not adding to the cat population. I did have them checked for rmicrochips before having any vet work done because I wasn't about to fix someone elses cat if it was just a poor lost kitty. But in my neighborhood, there have been many sudden vacancies and bank foreclosures so these little guys I'm sure used to be inside cats at some time and were just left behind to fend for themselves (they wanted to come in rather badly) and they didn't want to go back out once they were in.
But if the owner of any of these cats showed up I'd probably have a case against them because the cats were in such bad shape when I found them I could have proven (1) neglect and (2) my attempts to locate the owner. Unless someone MADE me surrender them, I wouldn't give them back, even if they did reimburse me for all the money I spent getting them well again.Would I have a civil case against my neighbor for having my cat fixed without my permission?
although i do agree that cats should be neutured asap as there are sooooo many strays and you shouldnt let it have run around without being neutered, this is not right and you can file charges against them, im not sure whether it would go anywhere but this is a very wrong thing for them to do and they had no right to do this, obviously you can't just call the police but speak to your solicitor and see if this is a case that is worth doing something about, in the mean time
you should get him or her fixed and see how they like it!
RGxxx
It depends on the situation. If you have an outdoor cat with no identification, then your neighbor can tell the court that he believe the cat to be a stray and he is just doing what he think is right. However, if you can prove to the court that your neighbor is well aware that the cat belongs to you and he secretly have him fixed, then you might have a case there.
MANY years ago, before I was smart enough to know that cats live longer when kept inside, there was a black and white, male ( one front paw missing ) that always came up my driveway, and ';messed up'; my purebred Siamese litters! He didn't seem to have a home, because he was always hanging around my house. He looked ';scruffy';, like nobody was taking care of him......
So, I decided to ';make friends'; with him! I figured, if no one was taking care of him, and just letting him ROAM around, he ';needed'; a home. After a few days of calling him TO me, instead of SHOOING him AWAY, he came to me to be petted.
I picked him up, put him in my truck, and took him to my vet, where he was neutered ! When I brought him home, I let him loose in the front yard, so he could go home if he wanted to ( and if he had a home to go to ). He stayed at my house for 10 years!!!
NO ONE came looking for him.......no flyers, no notices at the vets, no inquiries at the shelter.........so, he now had a home with me, but never made anymore ';accidental'; litters of kittens.
He died of old age, still fat and happy........
So, this is the ';other side'; of your question..........
if your not a professional breeder then you'll need to get your cat neutered/spayed sooner or later .If you don't plan to then i'd say your neighbor jus' took the action doin' it right for you . i wouldn't file any charges on your neighbor .
well i dont know the answer to your question, but you are lucky that your neighbours did that, because it should have been done sooner than later! be thankful they did that and you didnt have to pay the bill.
possibly, but because of civil leash laws it may come back and bite you. it was illegal for you to allow your cat to run free and cause a nuisance.
I agree with what he said. If he did it knowing it was your cat then ya by all means you have a case. I believe I saw something like this on judge judy once and the person won =)
i think your neighbour done you a favour and your cat there is so many stray cats about and unwanted cats in rescue centresgood eyeshadow
Depends. Did the neighbor know without a doubt it was YOUR cat? Is it drastically important that your animal remain intact? Is it a purebred for stud or breeding purposes and worth less if it's altered? If it was so important that it not be neutered/spayed, why wasn't it kept indoors?
I've taken in two stray males that just showed up one day. I tried to find the owners, but after a month of them spraying here and there and no owner to claim them, off they went to get neutered and vetted. I adopt out cats to responsible homes, ones that commit to taking care of them and not adding to the cat population. I did have them checked for rmicrochips before having any vet work done because I wasn't about to fix someone elses cat if it was just a poor lost kitty. But in my neighborhood, there have been many sudden vacancies and bank foreclosures so these little guys I'm sure used to be inside cats at some time and were just left behind to fend for themselves (they wanted to come in rather badly) and they didn't want to go back out once they were in.
But if the owner of any of these cats showed up I'd probably have a case against them because the cats were in such bad shape when I found them I could have proven (1) neglect and (2) my attempts to locate the owner. Unless someone MADE me surrender them, I wouldn't give them back, even if they did reimburse me for all the money I spent getting them well again.Would I have a civil case against my neighbor for having my cat fixed without my permission?
although i do agree that cats should be neutured asap as there are sooooo many strays and you shouldnt let it have run around without being neutered, this is not right and you can file charges against them, im not sure whether it would go anywhere but this is a very wrong thing for them to do and they had no right to do this, obviously you can't just call the police but speak to your solicitor and see if this is a case that is worth doing something about, in the mean time
you should get him or her fixed and see how they like it!
RGxxx
It depends on the situation. If you have an outdoor cat with no identification, then your neighbor can tell the court that he believe the cat to be a stray and he is just doing what he think is right. However, if you can prove to the court that your neighbor is well aware that the cat belongs to you and he secretly have him fixed, then you might have a case there.
MANY years ago, before I was smart enough to know that cats live longer when kept inside, there was a black and white, male ( one front paw missing ) that always came up my driveway, and ';messed up'; my purebred Siamese litters! He didn't seem to have a home, because he was always hanging around my house. He looked ';scruffy';, like nobody was taking care of him......
So, I decided to ';make friends'; with him! I figured, if no one was taking care of him, and just letting him ROAM around, he ';needed'; a home. After a few days of calling him TO me, instead of SHOOING him AWAY, he came to me to be petted.
I picked him up, put him in my truck, and took him to my vet, where he was neutered ! When I brought him home, I let him loose in the front yard, so he could go home if he wanted to ( and if he had a home to go to ). He stayed at my house for 10 years!!!
NO ONE came looking for him.......no flyers, no notices at the vets, no inquiries at the shelter.........so, he now had a home with me, but never made anymore ';accidental'; litters of kittens.
He died of old age, still fat and happy........
So, this is the ';other side'; of your question..........
if your not a professional breeder then you'll need to get your cat neutered/spayed sooner or later .If you don't plan to then i'd say your neighbor jus' took the action doin' it right for you . i wouldn't file any charges on your neighbor .
well i dont know the answer to your question, but you are lucky that your neighbours did that, because it should have been done sooner than later! be thankful they did that and you didnt have to pay the bill.
possibly, but because of civil leash laws it may come back and bite you. it was illegal for you to allow your cat to run free and cause a nuisance.
I agree with what he said. If he did it knowing it was your cat then ya by all means you have a case. I believe I saw something like this on judge judy once and the person won =)
i think your neighbour done you a favour and your cat there is so many stray cats about and unwanted cats in rescue centres
How can I get surveillance video from Wal-mart to prove I was there for a civil court case?
My local Wal-mart was not helpful in helping me obtain it.How can I get surveillance video from Wal-mart to prove I was there for a civil court case?
YOur atty needs a supoenaHow can I get surveillance video from Wal-mart to prove I was there for a civil court case?
Your Attorney needs to subpoena the tape. This will no doubt be fought by Walmart. Walmart may not save tapes of non incidents so unless this tape was part of an actual Walmart incident (like shoplift or accident) they may not have saved it. Your Attorney needs ot contact Walmart ASAP as it may already be too late and any tape may be recorded over or destroyed
Get a subpoena. This will require them to deliver it.
Subpoena it, and do so quickly before they erase or dispose of it.
Get an approval from your own court claiming it to be important.
You have your lawyer subpoena the tapes for that date and time. If you don't have a lawyer, you should get one. If you're still not going to get one, request the subpoena yourself using the correct court paperwork for such things.
Wal-Mart plays hardball when it comes to court appearances. Stop being nice and subpoena it. Subpoena the general manager of that Wal-Mart (by name) to appear at a deposition and bring the video. You'll need his testimony to authenticate the video in order for it to be admitted as evidence.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
They should be able to easily get it. You may have to ask the court to request it.
Once I was at Target and there was a dispute about how many items I had paid for. They had the video out in about 5 minutes.
YOur atty needs a supoenaHow can I get surveillance video from Wal-mart to prove I was there for a civil court case?
Your Attorney needs to subpoena the tape. This will no doubt be fought by Walmart. Walmart may not save tapes of non incidents so unless this tape was part of an actual Walmart incident (like shoplift or accident) they may not have saved it. Your Attorney needs ot contact Walmart ASAP as it may already be too late and any tape may be recorded over or destroyed
Get a subpoena. This will require them to deliver it.
Subpoena it, and do so quickly before they erase or dispose of it.
Get an approval from your own court claiming it to be important.
You have your lawyer subpoena the tapes for that date and time. If you don't have a lawyer, you should get one. If you're still not going to get one, request the subpoena yourself using the correct court paperwork for such things.
Wal-Mart plays hardball when it comes to court appearances. Stop being nice and subpoena it. Subpoena the general manager of that Wal-Mart (by name) to appear at a deposition and bring the video. You'll need his testimony to authenticate the video in order for it to be admitted as evidence.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
They should be able to easily get it. You may have to ask the court to request it.
Once I was at Target and there was a dispute about how many items I had paid for. They had the video out in about 5 minutes.
Is there a cap on punitive damages for civil rights cases filed in federal court?
There is no cap, but the Supreme Court has suggested that punitive awards exceeding single digit multipliers of compensatory damages may be unconstitutional; for example, punitives of 10 times or more of compensatory damages may be too high. That, however, is not specific to civil rights cases.Is there a cap on punitive damages for civil rights cases filed in federal court?
None. These are set by the jury and can be HUGE.
The problem is whatever these awards are, they typically are apealed and adjusted later.Is there a cap on punitive damages for civil rights cases filed in federal court?
Depends on exactly what you are suing for. If you are suing based on employment discrimination under Title VII of the Civil RIghts Act of 1963 or the Americans with Disabilities Act, then there are caps on punitive damages based on the number of employees the Defendant has.
%26lt;101 employees - 50,000
%26lt;201 employees - 100,000
%26lt;501 employees - 200,000
%26gt;500 employees - 300,000
get a job
YES!!
None. These are set by the jury and can be HUGE.
The problem is whatever these awards are, they typically are apealed and adjusted later.Is there a cap on punitive damages for civil rights cases filed in federal court?
Depends on exactly what you are suing for. If you are suing based on employment discrimination under Title VII of the Civil RIghts Act of 1963 or the Americans with Disabilities Act, then there are caps on punitive damages based on the number of employees the Defendant has.
%26lt;101 employees - 50,000
%26lt;201 employees - 100,000
%26lt;501 employees - 200,000
%26gt;500 employees - 300,000
get a job
YES!!
When u report for jury duty on a civil case how long are you usually in court?
I have to be there at 8 oclock in the morning and was just wondering how long it would on average lastWhen u report for jury duty on a civil case how long are you usually in court?
You can't really tell. If you aren't picked then a lot of times you'll be out of there by lunch. If you are picked then it just depends on the case.When u report for jury duty on a civil case how long are you usually in court?
There is no set time limit for jury duty. Myself I have had jury duty 5 times, first case was dismissed within 30 minutes, second time went to court for 2 weeks before we had to rule on the case, third time arrived at 0900, 16 people were pick, the remaining people had to return after lunch, again 16 people selected and I along with the remaining left. The other two, I wasn't pick after calling a number about reporting.
it varies
I had jury duty today, they let my group go at about 2PM because the lawyers made a deal. Now I am free for the next year and a half.
take a book to read or something to do to pass the time
plan on all day. if you get selected for a jury, you may have to return several times.
The trials are long like a month.
You can't really tell. If you aren't picked then a lot of times you'll be out of there by lunch. If you are picked then it just depends on the case.When u report for jury duty on a civil case how long are you usually in court?
There is no set time limit for jury duty. Myself I have had jury duty 5 times, first case was dismissed within 30 minutes, second time went to court for 2 weeks before we had to rule on the case, third time arrived at 0900, 16 people were pick, the remaining people had to return after lunch, again 16 people selected and I along with the remaining left. The other two, I wasn't pick after calling a number about reporting.
it varies
I had jury duty today, they let my group go at about 2PM because the lawyers made a deal. Now I am free for the next year and a half.
take a book to read or something to do to pass the time
plan on all day. if you get selected for a jury, you may have to return several times.
The trials are long like a month.
How do I know if a case (civil,family,criminal) has been filed against me in LA county/California, USA.?
I am not residing in the US, am not a resident nor have a place of residence there, I visited the US some time back.How do I know if a case (civil,family,criminal) has been filed against me in LA county/California, USA.?
https://www.lasuperiorcourt.org/onlinese鈥?/a>
they can criminal information. I don't know where to find civil.
https://www.lasuperiorcourt.org/onlinese鈥?/a>
they can criminal information. I don't know where to find civil.
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