I am looking for information on inproper civil cases won by defendants. How to do amendments to the complaints, or any assistance in trial brief, interrogatoriesCivil cases won by defendants less than 10,000.00?
You are asking a lot.
It appears you may be trying to represent yourself. This is decidedly unwise. The attorney for the plaintiff knows the procedures for amending a complaint, for preparing a trial brief, and the process of discovery. (Interrogatories are just one discovery tool). Unless you have had the legal training, you should not be doing this yourself.
Many people get sued, and then decide that they can't afford to hire a lawyer to defend them. In many cases, they decide this because they decide that they don't have a case, and that there is no reason to pay more money to someone else. This means they are giving themself bad advice.
It seems to me that it would be wise for you to make an appointment with a lawyer for a consultation. Let the lawyer evaluate your case and determine if there is merit to your defense. Then, you can negotiate with them on the cost of defending it, or if there are other options rather than taking it to trial.
Without training and experience, if you take the matter to trial yourself, the outcome is unlikely to be in your favor.
Friday, May 14, 2010
Should the FBI be reopening old civil rights unsolved cases and?
Do you think they will include the case of Ted K and Mary Jo at chappaquiddick?Should the FBI be reopening old civil rights unsolved cases and?
They must need some overtime. Granted, a crime is a crime but attudes have changed greatly since the 50s and 60s. Even Gov. George Wallace had a change of heart and apoligized for the prejudical mistakes he made earlier in his career.
We have to ask ourselves, would society be better off spending hundreds of thousands of dollars to investigate and try someone who is now probably elderly and no threat to society? This sounds like one area where we should let sleeping dogs lie.
I'm sure that the families of the victims would prefer to prosecute but even they must agree that the money would be better spent upgrading border defenses, Homeland Security, etc.
Now Ted and Mary Jo........Let's see.......how much would that case cost taxpayers? Ted would probably only get probation anyway.Should the FBI be reopening old civil rights unsolved cases and?
Of course it won't include the Kennedy's. That case has already been solved, but ole Teddy was not brought to justice.
I think they absolutely should be reopening these cold cases if they feel they have a chance to arrest, charge, and convict those responsible.
From my understanding, there are only a few cases they will be reopening right now, due to the available evidence in the cases.
The Ted Kennedy ';incident'; isn't considered a civil rights case.
Only if it meens releasing any innocent people who were wrongfully charged.beauty secrets
They must need some overtime. Granted, a crime is a crime but attudes have changed greatly since the 50s and 60s. Even Gov. George Wallace had a change of heart and apoligized for the prejudical mistakes he made earlier in his career.
We have to ask ourselves, would society be better off spending hundreds of thousands of dollars to investigate and try someone who is now probably elderly and no threat to society? This sounds like one area where we should let sleeping dogs lie.
I'm sure that the families of the victims would prefer to prosecute but even they must agree that the money would be better spent upgrading border defenses, Homeland Security, etc.
Now Ted and Mary Jo........Let's see.......how much would that case cost taxpayers? Ted would probably only get probation anyway.Should the FBI be reopening old civil rights unsolved cases and?
Of course it won't include the Kennedy's. That case has already been solved, but ole Teddy was not brought to justice.
I think they absolutely should be reopening these cold cases if they feel they have a chance to arrest, charge, and convict those responsible.
From my understanding, there are only a few cases they will be reopening right now, due to the available evidence in the cases.
The Ted Kennedy ';incident'; isn't considered a civil rights case.
Only if it meens releasing any innocent people who were wrongfully charged.
Do all civil court cases have to have a jury?
No, you can request the judge hear the case w/o a jury.Do all civil court cases have to have a jury?
NoDo all civil court cases have to have a jury?
No. In most cases, you have the right to a trial by jury (but not all), but you can choose to have the case seen by a judge rather than a jury.
No, but if either party requests one they have to have a jury....plus depends on which court - in small claims court there is no jury.
No. Some are bench trials by statute. Depends on the state and the law. For example, dependency cases in Florida are tried in civil court (dependency) and are bench trials.
NoDo all civil court cases have to have a jury?
No. In most cases, you have the right to a trial by jury (but not all), but you can choose to have the case seen by a judge rather than a jury.
No, but if either party requests one they have to have a jury....plus depends on which court - in small claims court there is no jury.
No. Some are bench trials by statute. Depends on the state and the law. For example, dependency cases in Florida are tried in civil court (dependency) and are bench trials.
Can a State Body be the plantiff in a civil case?
Can a municipality bring charges against a civiliian for a public offense in a civil court?Can a State Body be the plantiff in a civil case?
It happens all the time. The town is like a corporate entity in many ways, including the right to sue or be sued in court. My town recently sued a taxpayer, in superior court of the county, for violation of the zoning code because we have no administrative procedures to handle it in town. In another scenario the town could sue a person in civil court for damaging or stealing town property.
Another common ';state body'; is a public school or other institution, which may enforce its own rights in civil suits. For example, a state university may have valuable trademarks or other property rights that can be protected by suing an infringer in federal court. (think ';GATORade';)
If ';public offense'; is intended to mean ';criminal violation';, then the question of civil suit in addition to criminal charges would depend upon whether the law also provides a civil remedy for that crime. If the violation were one of the ';victimless crimes';, then it may be difficult to measure damages, even if there were a civil cause of action.Can a State Body be the plantiff in a civil case?
Of course. Happens all the time....
Take child support cases for example...They are civil suits brought against ';civilians'; in civil courts....
Why, yes. Of course.
It happens all the time. The town is like a corporate entity in many ways, including the right to sue or be sued in court. My town recently sued a taxpayer, in superior court of the county, for violation of the zoning code because we have no administrative procedures to handle it in town. In another scenario the town could sue a person in civil court for damaging or stealing town property.
Another common ';state body'; is a public school or other institution, which may enforce its own rights in civil suits. For example, a state university may have valuable trademarks or other property rights that can be protected by suing an infringer in federal court. (think ';GATORade';)
If ';public offense'; is intended to mean ';criminal violation';, then the question of civil suit in addition to criminal charges would depend upon whether the law also provides a civil remedy for that crime. If the violation were one of the ';victimless crimes';, then it may be difficult to measure damages, even if there were a civil cause of action.Can a State Body be the plantiff in a civil case?
Of course. Happens all the time....
Take child support cases for example...They are civil suits brought against ';civilians'; in civil courts....
Why, yes. Of course.
Can anybody ban me from entering US for a civil case?
If I lose a civil case and can not pay the judgement amount, and then leave USA, In the future, can somebody ban me from re-entering US with a unsatisfied judgement or debt?Can anybody ban me from entering US for a civil case?
Be warned, I am not a lawyer but here goes,
1. Dodging payments of 'judgement amounts' from a civil case (whether by fleeing the country or otherwise) won't DIRECTLY be grounds for barring entry into the USA.
2. HOWEVER, Refusing to pay would lead to a 'Contempt of Court' charge or something to that effect. You would be graduating from a civil matter to something MUCH more serious.
3. With a warrant out for your arrest for contempt, you will probably be VERY WELCOME to reenter the USA to be incarcerated.
4. If you are not a citizen, I.N.S. can bar you from entering the country for an UNPAID SPEEDING TICKET, or just about anything they can come up with. If it suits them to bar you because of your handling of the CIVIL CASE they certainly WOULD do that.Can anybody ban me from entering US for a civil case?
No, they will not ban you from re-entering. In fact, they will encourage you to re-enter so they can arrest you and put you into custody until you satisfy your obligations.
NO
Your credit will suck though. And that is universal.
Be warned, I am not a lawyer but here goes,
1. Dodging payments of 'judgement amounts' from a civil case (whether by fleeing the country or otherwise) won't DIRECTLY be grounds for barring entry into the USA.
2. HOWEVER, Refusing to pay would lead to a 'Contempt of Court' charge or something to that effect. You would be graduating from a civil matter to something MUCH more serious.
3. With a warrant out for your arrest for contempt, you will probably be VERY WELCOME to reenter the USA to be incarcerated.
4. If you are not a citizen, I.N.S. can bar you from entering the country for an UNPAID SPEEDING TICKET, or just about anything they can come up with. If it suits them to bar you because of your handling of the CIVIL CASE they certainly WOULD do that.Can anybody ban me from entering US for a civil case?
No, they will not ban you from re-entering. In fact, they will encourage you to re-enter so they can arrest you and put you into custody until you satisfy your obligations.
NO
Your credit will suck though. And that is universal.
If a civil case uses a long-arm statute, does the complaint have to mention it?
Or can a long-arm statute be used implicitly, without even any mention of jurisdiction in the complaint?If a civil case uses a long-arm statute, does the complaint have to mention it?
You will have to justify bringing the action in a particular jurisdiction. If you live in County A and the defendant lives in county B you have to state that the contract or action took place in county A.
The courts have ruled that almost any contact between a defendant and your jurisdiction makes him accountable in that venue.
Even sending an email to you is enough.
If different States are involved you will have to serve the secretary of State, in your state who will, in turn, serve the Secretary of State in his State and they will serve the defendant.
I recently brought suit, in the District Court in Michigan, against a Company in California. I was able to serve the complaint by registered mail and bring the proof of service to the District court.
The service was valid and the defendant had to get ( and pay) a Michigan attorney to defend him in Michigan.
I had a solid case so they settled before trial.If a civil case uses a long-arm statute, does the complaint have to mention it?
You're right! I did seem to contradict myself.
What I should have said is that in Small claims or district court you can serve by mail.
In higher courts such as Circuit courts you have to go through the secretary of State, at least in my State.
the complaint should mention it.
ANY case that goes to a court should mention why that court was chosen: namely, it has jurisdiction in the mattter.
You will have to justify bringing the action in a particular jurisdiction. If you live in County A and the defendant lives in county B you have to state that the contract or action took place in county A.
The courts have ruled that almost any contact between a defendant and your jurisdiction makes him accountable in that venue.
Even sending an email to you is enough.
If different States are involved you will have to serve the secretary of State, in your state who will, in turn, serve the Secretary of State in his State and they will serve the defendant.
I recently brought suit, in the District Court in Michigan, against a Company in California. I was able to serve the complaint by registered mail and bring the proof of service to the District court.
The service was valid and the defendant had to get ( and pay) a Michigan attorney to defend him in Michigan.
I had a solid case so they settled before trial.If a civil case uses a long-arm statute, does the complaint have to mention it?
You're right! I did seem to contradict myself.
What I should have said is that in Small claims or district court you can serve by mail.
In higher courts such as Circuit courts you have to go through the secretary of State, at least in my State.
Report Abuse
the complaint should mention it.
ANY case that goes to a court should mention why that court was chosen: namely, it has jurisdiction in the mattter.
Explain the main differences between civil and criminal cases?
homework please help meExplain the main differences between civil and criminal cases?
criminal is a crime against society
civil is a case where someone is wrongedExplain the main differences between civil and criminal cases?
In a criminal case, you can go to jail (be deprived of liberty). In a civil case you just pay money if you lose.
In a criminal case, the evidence must be ';beyond a reasonable doubt';. In a civil case, just ';preponderance of evidence'; - whichever side has more, even if slightly more in their favor.
In a civil case, it is ';plaintiff'; vs ';defendant';, the wronged party against the wrong doer. Often there is no criminal statute violated. Just the claim of the plaintiff that something is wrong.
In a civil case, it is the state vs the defendant. And there are criminal law statutes that are used for the prosecution.
Criminal cases are when the government in prosecuting a person.
(Society vs. Person)
While Civil is when a person/organization is prosecuting another person/organization
(Person vs. Person)
civil: person vs. person
burden of proof on the plaintiff: beyond reasonable doubt
criminal: society accusing person.
burden of proof: more likely than not
Do your own homework LOL
criminal is a crime against society
civil is a case where someone is wrongedExplain the main differences between civil and criminal cases?
In a criminal case, you can go to jail (be deprived of liberty). In a civil case you just pay money if you lose.
In a criminal case, the evidence must be ';beyond a reasonable doubt';. In a civil case, just ';preponderance of evidence'; - whichever side has more, even if slightly more in their favor.
In a civil case, it is ';plaintiff'; vs ';defendant';, the wronged party against the wrong doer. Often there is no criminal statute violated. Just the claim of the plaintiff that something is wrong.
In a civil case, it is the state vs the defendant. And there are criminal law statutes that are used for the prosecution.
Criminal cases are when the government in prosecuting a person.
(Society vs. Person)
While Civil is when a person/organization is prosecuting another person/organization
(Person vs. Person)
civil: person vs. person
burden of proof on the plaintiff: beyond reasonable doubt
criminal: society accusing person.
burden of proof: more likely than not
Do your own homework LOL
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