In most systems, the governing body responsible for overseeing the courts assigns a unique number/letter combination or similar designation to each case in order to track the various disputes that are or have been before it. The outcome of the case is recorded, and can later be reviewed by obtaining a copy of the documents associated with the designation previously assigned to the case.
Certain types of cases can only be heard by judges. In many cases, however,either party hasthe right to request that the case be heard by a jury. Most people representing themselves will do better in front of a judge than a jury -- jury trials are more complicated for a variety of reasons, and presenting your case to a judge will make your job quite a bit easier. However, if your opponent requests a jury trial, you will have to deal with a jury, whether you want one or not.
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During discovery, both parties also may issue subpoenas to third-party witnesses if other individuals who are not part of the litigation nevertheless have information that may be necessary to the case. For example, if you are suing someone for harassing you, you may need phone records to show how many times a day the person called you. To get those phone records, you would issue a subpoena to the phone company.
If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, however, courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be "judgment-proof." The term is generally a colloquialism to describe an impecunious defendant.
Eventually, I found my sweet spot, talking to jurors as I would to my mother-in-law: a smart, empathetic woman I loved and admired and who brought out the best side of me. Think about someone in your life such as this. Stephen King writes his books toward an imagined ‘ideal reader.’ Make your closing argument toward an ‘ideal juror’ who you respect and like and who brings out the best in you. If you’re not sure you’re hitting the right tone, try to practice your opening on your own mother-in-law. The advice you get from a nonlawyer can be eye-opening.”
The Pinkerton National Detective Agency is a staple of Western fiction, reflecting its real role in the American Old West. (It was acquired in 1999 by Swedish security company Securitas AB.) However, the company asked Take-Two to pay royalties for the right to mention its agents in the latest Red Dead Redemption installment. After Take-Two’s lawsuit, Pinkerton also claimed Rockstar was damaging its reputation by portraying agents as “violent villains” and letting players kill them.
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The Las Vegas Municipal Court offers the Habitual Offender Prevention & Education (HOPE) Court. It is an alternative approach to sentencing that offers repeat offenders structured programs to try to help them rebuild their lives. The court has been featured in the local media because of its success. The target goal of HOPE Court is to decrease instances of criminal activity committed by an increasing large group of offenders who repeatedly consume large dollar amounts of city resources because they repeatedly end up back on the streets—loitering; being picked up again and again by police officers; back in city jail; back in court; and back in front of the judge. HOPE Court clients are indigent; they are not able to self-pay.
Initially the defendants appear before Municipal Court Judge Cedric Kerns weekly. The program utilizes incentives and sanctions to encourage behavioral change. Judge Kerns and the YO Court team look at each individual’s progress through the program and develops a treatment plan to address the barriers of each participant. This program has built a strong relationship with community partners and referrals are given to the appropriate community partner and to address the need of the individual defendant. To learn more about Yo Court please view this video.
Without responding to their vacuous arguments, I noticed the court of "Schultz vs. IRS", US Court of Appeals for the 2nd Circuit, wherein it was ruled that a "Notice of Lien or Levy" is NOT a lien or levy. I argued that a lawful lien or levy must have a federal property seizure warrant signed by a federal judge to be valid. The IRS routinely skips this step.
When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as:
After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It isn't necessarily an automatic appeal after every judgment has been made, however, if there is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution.
A lawyer’s role in substantial assistance is brokering an agreement with law enforcement and/or the District Attorney to make sure you are getting the a good deal for the information you are going to provide. Unless there’s a deal in place of some sort, any information you provide may not be credited to you and you may receive no benefit, so it’s important that an attorney ensures an appropriate deal is agreed upon.
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Many people presume that judges issue rulings in court based simply on the facts at hand, without public opinion playing any role at all. However, history tells us that how judges read laws and constitutions very much reflects where public opinion is (or, at least, what they think the public will accept). Leading up to the final Supreme Court marriage victory, Justice Ruth Bader Ginsburg said in an interview that “there hasn’t been any major change…in which there wasn’t a groundswell among the people before the Supreme Court put its stamp of approval on the inclusion in the equality concept of people who were once left out.”
The Telephone Counseling Line provides education and information regarding residential tenant-landlord disputes. Lines are busy, and callers are encouraged to keep trying. Phones are answered by trained housing counselors who offer options, refer callers to other agencies, or suggest legal assistance through Legal Aid, lawyer referral services, etc. The counselors can discuss tenant-landlord rights and responsibilities as described in the Texas Property Code and other sources. However, no attorneys are on staff and ATC counselors cannot offer legal advice. Anyone needing legal advice should contact an attorney.
8. “Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgements and orders are regarded as nullities; they are not voidable, but simply void, and this even prior to reversal.” Williamson v. Berry, 8 HOW. 945, 540 12 L.Ed. 1170, 1189 (1850).
Take-Two and its subsidiary Rockstar filed the suit in January, striking back at a cease-and-desist notice from Pinkerton, which argued Red Dead Redemption 2 had infringed on its trademark. The publisher wanted a court to rule that its use of the Pinkerton name — as part of a game that emphasizes historical accuracy — was fair use. But GameDaily.biz notes that the suit was dropped today, apparently ending the dispute.
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One of the first steps that a criminal attorney will take is to request the discovery, or evidence, that the District Attorney plans to use against you. The attorney will then review that discovery to determine the strengths and weaknesses in the evidence against you and the merits of the overall case, and will then determine the risks associated with various defense strategies. Once this analysis is completed, the criminal lawyer will then discuss all of this information with you to determine which next steps to take.
A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.