A criminal case may in some jurisdictions be settled before a trial through a plea bargain. Typically, in a plea bargain, the defendant agrees to plead guilty to a lesser charge than that which was originally brought by the grand jury or prosecutor. A defendant who goes to trial risks greater penalties than would normally be imposed through a plea bargain.
Legal financing can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their personal injury, workers' compensation, or civil rights lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have mortgages, rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for the costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills.
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.
The lawsuit, filed Wednesday in federal court in California, is seeking class-action status and is the latest development in a scandal involving celebrities and other wealthy parents who federal authorities say sought to have their children admitted into universities by bribing athletic coaches and having other people take tests for their children.
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.
Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are constrained and informed by separate statutory laws, case laws, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules generally reflect this legal context on their face. The details of the procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within the same jurisdiction. These rules of the particular procedures are very important for litigants to know, because the litigants are the ones who dictate the timing and progression of the lawsuit. Litigants are responsible to obtain the suited result and the timing of reaching this result. Failure to comply with the procedural rules may result in serious limitations that can affect the ability of one to present claims or defenses at any subsequent trial, or even promote the dismissal of the lawsuit altogether.
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