David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases -- most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University and the University of Santa Clara Law School, also teaches law at the Monterey College of Law and is the author of Fight Your Ticket in California, Beat Your Ticket and others.
If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase.
It is now official: Conservative Judge Brian Hagedorn has defeated liberal Judge Lisa Neubauer (pictured) in Wisconsin’s Supreme Court election. Neubauer conceded on Wednesday in a very close race, where Hagedorn won by 6,000 votes despite being the underdog. This result is a significant reversal from 2018 when the conservative Judge Michael Screnock lost by 12% to the liberal (now Justice) Rebecca Dallet. More importantly, this election was a flip from blue to red. The state Supreme Court result not only has significant consequences for policy in Wisconsin, but it is an important signifier heading into 2020.
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Residents use light rail during the afternoon hours in downtown Phoenix. Valley Metro CEO Scott Smith says he hopes to fix the light rail’s public image by implementing a new code of conduct that prohibits unruly behavior and gives light-rail security guards more flexibility to remove passengers. Valley Metro says there has been an increase in bad behavior on the light rail — actions that don’t rise to a criminal offense but do cause other passengers to feel unsafe or uncomfortable. Nick Oza/The Republic
At the close of discovery, the parties may either pick a jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.
San Antonio, TX On March 8, 2019, Joe William Contreras, along with 17 other service members filed a 3M Combat Arms defective earplug lawsuit in the U.S. District Court for the Western District of Texas. According to the Complaint, Contreras and the other plaintiffs suffer from hearing loss because 3M Company and its predecessor sold millions of dollars’ worth of Combat Arms earplugs to the military without disclosing design flaws that rendered the product useless.
The International Journal of Legal Information is the official publication of the International Association of Law Libraries. Publishing three times a year, it seeks to advance the exchange of legal information throughout the world. Under the direction of its international editorial board and advisors, the IJLI serves the global community of law librarians, legal scholars, and practitioners through the publication of original articles, conference papers, bibliographies, book reviews, the International Calendar of conferences and events, and other documents concerning all aspects of law and law-related information.
Lawsuits can become additionally complicated as more parties become involved (see joinder). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. In reality however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits.