Civil lawsuits stem from actions that violate the personal and constitutional rights of a person and may include issues involving personal injury, family disputes, and negligence resulting to loss or damage to property.
What is the difference between conveyance deed and sale deed?
Can you still owe money after your car is repossessed?
Asked in Divorce and Marriage Law, Civil Lawsuits
Can you sue someone for breach of promise?
Mr. Kluss' answer is completely correct, but let me add this. There do exist verbal contracts in other contexts (as well as, of course, written ones). One of the main differences, is that they are harder to prove because the parties may testify to differing terms of them. But like a written contract, a verbal one can only exist if there is an offer, an acceptance that mirrors the offer, and consideration. Consideration is something of value that binds the parties. Consideration can even consist of a party's agreement to refrain from doing something he/she/it had a right to do, or doing something that they did not have to do.
Asked in Civil Lawsuits, London
What is a cross complainant on a summons?
cross-complaint n. after a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing him/her or against a third party as long as the subject matter is related to the original complaint. The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint. If the cross-complaint is against the original plaintiff (original suer) then it can be served on the plaintiff's attorney by mail, but a third party must be served in person with the cross-complaint and a new summons issued by the clerk of the court. The cross-defendants must then file friendus or other responses. These are called pleadings and must be carefully drafted (usually by an attorney) to properly state the factual as well as legal basis for the claim and contain a prayer for damages or other relief. (From LAW.COM Dictionary)
Can you serve a subpoena by email?
Asked in Civil Lawsuits
How hard is it to sue a doctor for malpractice?
Mr. Kluss is correct. From a legal standpoint, the main reason that it is difficult is the need to prove that BUT FOR the action or inaction of the doctor, the plaintiff would not have been harmed. In the language of the law, the doctor's action or inaction has to have been the "proximate cause" of the injury. The harm need not be death--it could be some sort of other negative medical outcome. As in other negligence cases, it must be shown that the party being sued did not use that degree of care that a person in a similar situation would have used. In the case of a malpractice action, that is done by establishing a level of care of physicians in the same specialty, with essentially the same experience, and in the same general community (but this does not necessarily mean the same town--it is broader than that). In turn, proof requires the establishment of the requisite level of care through the testimony of other physicians who meet those qualifications. Normally, a jury determines whether or not the defendant's actions or inaction met or failed to meet the standard of care.
Asked in Civil Lawsuits, Business Law, State Laws
Do both parties sign a prenup?
Usually, yes. But if you are good enough, you can convince her/him to sign it then you don't need to sign it. Another view: While in theory, the foregoing may be true, it may make later enforceability harder. That is, the fact that you did not sign it but your spouse did may make it appear that you exerted undue influence upon him/her.
Asked in Law & Legal Issues, Civil Lawsuits
How do you challenge a law once it's passed?
Some countries especially those that follow the British have the concept of "separation of powers". First Parliament may decide to make a law about something, secondly the law is drafted and thirdly it is tested in the Courts and Judges rule on what they think was meant by the law. However the Judges include "case law" or history of previous cases to help them with their interpretation of the new law. So one way to challenge a new law is to find case law that tends to contradict the new law. An example is the amount of force a householder can use to get rid of a robber in his/her house. This has changed over time however it seems that case law does still enable a house owner (or tenant) to use reasonable (sufficient) force. The definition of reasonable may vary from depending on location and individual situation for example a small person may use a gun against a big person especially in parts of USA. Otherwise if Parliament required that the law be written then Parliament can change its mind and repeal it. The law may be written with a "sunset clause" so it applies for a limited period eg 50 years. There are still some strange laws "on the books", laws that reflected the ideas of society perhaps 100 years ago.
Asked in Law & Legal Issues, Civil Lawsuits
Can you sue someone for sweat equity?
No. You do not sue for what you've spent or what you'd like returned. If you entered into a contract with someone where your portion of the bargain was physical labor, and the other person refused to perform their obligations under the contract, you may sue them for breach of contract and ask to be paid for your labor.
Asked in Civil Lawsuits, Criminal Law, Torts, Batteries
How do you sue for assault and battery?
There are two concepts here: the Criminal offense of "Assault and Battery", and the Civil tort of "Damages from Assault" (the latter may have a different name in your jurisdiction). The Criminal offense case is determined by the local district attorney (after an investigation by the police), and is a criminal case of the State vs the defendant (who committed the A&B). You, the victim, are evidence in the State's case. The outcome of a conviction here is that the perpetrator of the A&B may have to (a) serve jail time (b) serve community service (c) undergo various therapy classes (e.g. anger management, etc.), and/or (d) pay monetary damages to the victim. The exact details of the punishment are left to the judge to decide, based on the circumstances of the case. The Civil tort (lawsuit) pits the victim of the assault as the complainant and the perpetrator of the assault as the defendant. The victim should retain a civil lawyer who specializes in civil injury claims, who will help press your case in Civil court. Likewise, the defendant should retain the services of a civil defense lawyers who specializes in personal injury law. A "win" in the suit will generally result in only one thing: money to be paid from the defendant to the plaintiff. There is a third option in most places: sue in Small Claims Court, if your damages are within fairly low limits (which vary by jurisdiction). It proceeds in the manner described in the preceding paragraph, but the procedure in Small Claims Court is less formal.
Asked in Civil Lawsuits, Debt Collection
How do you find out who is garnishing your check?
Can you sue a school for accidental injury?
In general, yes. However, as in any such suit, it is the Plaintiff's burden to prove the following elements: (1) the existence of a duty; (2) breach of that duty; (3) proximate causation (but for the breach, an injury would not have occurred); (4) compensable injuries. Usually, such an action would be for negligence. The concept of negligence is embodied in items 1-3 above and, strictly speaking, is at odds with the concept of a legal "accident". This is because a true legal accident does not contemplate fault--it is something that happens without someone failing to adhere to a legal duty. Another issue is that if you are dealing with a public school, there is the concept of "sovereign immunity". To make a very long story short, this generally requires the claimant to provide notice of the intention to make a claim in advance of making it. It is not the same as a statute of limitations (the limitations period for a claim against a government entity can be shorter than the statute of limitations for the same kind of cause of action against a private party).
Can a lien be placed on your home due to defaulted student loans?
The lender would need to sue you and win a judgment in its favor. It could then request a judgment lien that could be recorded in the land records. Once it has been recorded against you and your property, you cannot sell or refinance your property until the lien is paid. The lender would need to sue you and win a judgment in its favor. It could then request a judgment lien that could be recorded in the land records. Once it has been recorded against you and your property, you cannot sell or refinance your property until the lien is paid. The lender would need to sue you and win a judgment in its favor. It could then request a judgment lien that could be recorded in the land records. Once it has been recorded against you and your property, you cannot sell or refinance your property until the lien is paid. The lender would need to sue you and win a judgment in its favor. It could then request a judgment lien that could be recorded in the land records. Once it has been recorded against you and your property, you cannot sell or refinance your property until the lien is paid.
Is there a class action lawsuit for Avelox?
Asked in Civil Lawsuits, Civil Process, Torts, France
How do you file an international lawsuit in France?
Asked in Civil Lawsuits, Civil Process, Torts
Can you file a lawsuit if you find hair in your food at sonic?
Technically, yes, you could - but, the first thing any good attorney will ask is, "what are your damages?". That doesn't mean "I was emotionally scarred by finding hair in my food." Did you become ill enough to incur medical expenses, lose time at work, things like that. Humans have hair all over their bodies & no matter how clean a restaurant, these things can still happen. I can't imagine a court or judge that would appreciate this claim as a true tort & not a case of clogging the system with situations that occur on a daily basis to humans. Yes but it would be a difficult case, you would have to build a lawsuit that established that it was in fact one of the employees hair follicles in your food, rather than your own. The hair in question must be proven to have come from Sonic and nowhere else. This could be done through means of DNA testing for example. You also have to take into consideration the damages you seek to receive, one wouldn't want to incur all the costs of filing a lawsuit and taking it to court to receive an award that amounts to the cost of the food that the hair was in.
How do you know how much restitution is owed to you?
Asked in Civil Lawsuits, Hospitals
Can you sue the hospital for HIPAA voliation?
This is a complicated matter but if your medical information was released without your permission or was released by accident to anyone, then the hospital is liable. The extend of harm caused by such release and your ability to pursue this matter in the court system will be severely tough. You will need proof of accidental release such as a disclosure from the hospital that such an incident happened.
Asked in Law & Legal Issues, Civil Lawsuits
False Allegations-How do you defend against false allegations of abuse?
A WARNING If you did abuse your child, stay away, hire a good criminal defense attorney, and get psychological help. Your child needs a parent, but not enough to have to tolerate abuse. A child's rights to be free from harm, always takes precedence over any parent's rights. Defending Against False Accusations of Abuse (Ed.- Falsely accusing your former spouse of child abuse is a common tactic in the Family Court System. Don't be surprised if your ex throws this one at you. Given the current political and social attitude towards child abusers. It has become a witch hunt to eradicate these animals from our society. Because you are going through a divorce the chances that this tactic will be used are very good. The reason is simple: "If you are accused of being an abuser, then the kids will go to mom and you will pay through the nose to support her.") First, you must fully understand that when defending abuse cases the accused is guilty until proved innocent. It is arguably the one crime or tort where the accused must literally try and prove a negative. To do so, please know that most judges and juries will err on the side of caution - on the side of a woman's or child's abuse outcry. There are three types of accusers: 1. Malicious 2. Mental 3. Mistaken While only 2%-5% of abuse allegations are false; ones made in bad faith with malice aforethought, another 60% or more are unfounded, or without foundation. It is essential that your defense team be adept at adjoining science with the law. In other words, your case will require an expert, or experts to work with your attorney because most attorneys do not understand what source misattributions are, or what other conditions could cause bilateral retinal hemorrhages, or the significance of male propensity testing in an abuse case. It is essential you choose the correct attorney(s) to litigate (notice I did not type mediate) your case(s) in juvenile, family, criminal, and/or administrative law court. You may also need a forensic trial expert consultant to work with your litigator(s) and help she/he/them with questions on Direct and Cross Examination of all witnesses, especially experts. Impeaching a young child's outcry of sexual abuse cannot be done alone by an attorney without an expert reviewing and critiquing the child's forensic interview on DVD/Video/Audio/Transcript, therapists' session progress notes, medical rape exam report, and CPS/Police Intake notes, reports, et al. Lawyers can only conduct cross examination and recross of adverse witnesses in court. They cannot issue reports that can come into evidence on the record and cannot testify in court as experts to reasonable degrees of scientific certainty. Make no mistake. In cases of he said - she said - and/or what a young child said - with no proof or evidence, your win or loss in court may very well come down to a battle of the experts. And I can tell you, from my 25 years of experience in this field, they are not all created equal. But, take solace in knowing that an aggressive and proactive defense team and strategy can intimidate and force the prosecution/plaintiff/petitioner into a settlement; one that not only can clear your good name, but also afford you normal parenting time with your child(ren). You should realize the impact that child abuse allegations or charges may have on your life. As a suspect in an abuse case, you may have your child or children removed from your care, lose custody or visitation rights, be arrested and jailed, ruin your future career prospects, and in some cases, have friends and relatives turn against you. If it is a sexual abuse charge, add to the list having criminal charges filed against you, your name added to a Central Registry of potential child abusers, and label yourself a sex offender. This is all before you have been convicted, possibly not even charged with anything, and are supposedly presumed innocent until proved guilty. You may find yourself fighting charges in civil, criminal and juvenile court, sometimes all at the same time. If convicted, you may be sentenced for up to life in prison depending on the charge and the state in which you are convicted. To make matters worse, a San Diego Superior Court Judge recently ruled that hearsay is now admissible as evidence in cases of child abuse. What this means is that the standards of evidence required for common criminals don't apply to child abuse cases. It is important to deal with the issue of child abuse in our society. But denying individuals their Constitutional rights and due process of law to that en d is no t the way. WHAT ABOUT THE CHILDREN? You should be aware o f the problems the child in an abuse case may face. They may be separated from you for long periods of time. Years of separation are not uncommon in these cases. They may be subjected to various physical and psychological examinations. During the interviewing process, they may be turned against you and eventually come to believe that something really did happen (Ed. - Case in point is the McMartin case where the "ethical" professionals guided the interrogation of the children to build their case. These are the same tactics used in POW camps as psychological warfare. All in the "best interest of the child" mind you!) Poorly trained interviewers often "coach" a child into giving the friendus they want. The child may become confused by the leading format of the questioning and try to give the friendus they believe the authority figure wants to hear. The child becomes labeled an "abused child" and may be subjected to psychological treatment, furthering their belief that something must have happened. THE SYSTEM: WHAT YOU'RE UP AGAINST The legal system is set up to protect the child at all costs. The theory in general is, if a judicial mistake is made, let it be on the side that assures the safety of the child. This is a fact that can greatly hurt you and your child. From the moment an allegation is made, you will generally be treated as guilty and separated from your child. Most interviews are conducted with the assumption that something did occur. An unbiased investigator is rarely seen. Most interviewers are trained to believe that children don't lie, especially in divorce and custody situations. The Court tends to believe the "experts", even if the "expert" is a poorly trained social worker or a physician who has never had experience with an abuse case. A small child's testimony about an event that supposedly occurred up to several years before your trial is enough to convict you in many states, even if no other evidence of abuse exists. The attitude of the public and the media towards an abuse suspect is usually hostile and prejudiced in a trial situation. THINK BACK TO YOUR OWN FEELINGS WHEN YOU READ ABOUT A CHILD ABUSE CASE. THIS IS WHAT YOU ARE UP AGAINST NOW! ASSESSING YOUR SITUATION TODAY Have the allegations become worse since they were first made? Does my attorney have a successful defense record in handling child abuse cases? How much experience does he/she have in dealing with this type of case? Have I arranged for experts who are nationally recognized in the area of child abuse to testify for my defense? Have I taken aggressive, effective action in destroying these allegations or have I just been reacting to what the other side is doing? How can I improve my situation TODAY? ADVICE FOR THE ACCUSED Do have all interviews with the child videotaped. Take all allegations of abuse very seriously from the moment it occurs. Do hire an attorney who believes in your innocence. Do have the child examined by a pediatrician or (if appropriate) a psychologist of your choosing, if physical or sexual abuse is alleged. Do not rely on the legal system to clear you, even tho ugh you know you are innocent. Do not talk to the press. Do not take a polygraph or lie detector test. Do not take "good advice" from people around you who mean well, but know nothing about this type of problem. Do not hire an attorney who has not won this type of case in the past. Do not make any Plea Bargains or legal decisions with the prosecutor without careful consideration. No matter what you are told, you may not realize the implications of such action. REMEMBER THAT YOUR ACTIONS WILL AFFECT THE REST OF YOUR LIFE AND THAT OF YOUR CHILD'S! SEE ALSO RELATED QUESTIONS BELOW
Can a collection agency sue you?
Asked in Civil Lawsuits
Difference between injuria sine damno and damnum sine injuria?
Asked in Civil Lawsuits, Criminal Law, Torts
Is petty larceny a tort law?
No. A tort is a CIVIL wrong - not a criminal offense. PETIT LARCENY (Petty Larceny) is the statutory legal description of a criminal offense, and that would be the formal charge in a criminal law case. However in a civil case for monetary damages it might be addressed, or described somewhat differently (e.g.: wrongful conversion - taking property without right - etc)