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:
If you find yourself up against a lawyer who won't stop rattling off legal citations or won't let you get a word in edgewise, you'll have to stand up for yourself. Tell the judge that you are representing yourself without a lawyer because you can't afford or justify the expense, and that you'll rely on the judge to apply the correct law and reach the right conclusions. Many judges will make an effort to keep the proceedings comprehensible to a self-represented party -- and will take steps to rein in an opposing lawyer who tries to take unfair advantage.
Because the vast majority of cases will settle before trial, success often means obtaining a desirable settlement. In negotiating with the other side, try to be flexible in deciding what you can live with. Your concept of a fair deal will be vastly different from the opposing party's numerical figure. While you'll want to drive a hard bargain, both sides are probably going to compromise eventually. Usually, the earlier this happens the better.
I watch the federal courts closely and became aware over time that the administration was being challenged in court on almost every important policy and deregulatory decision and that U.S. district court judges, who ordinarily defer to the government in most of these challenges, were no longer doing so. Deanna Paul and I began keeping track of the adverse rulings. I’ve been watching regulation and courts for a very long time, and the numbers of defeats were well beyond anything I had seen.
In arbitration, the parties submit their case to an arbitrator or a panel of arbitrators, who will decide for one side or the other, like a judge in a courtroom. Although there are many different forms of arbitration, arbitration typically resembles a trial. Each party has the opportunity to present witnesses and introduce evidence. You may be represented by an attorney.
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.
Participants may receive targeted case management, medication stabilization, mental health counseling, substance abuse counseling and residential placement. Defendants are excluded from the program if they are sex or arson offenders, drug traffickers, active gang members or have a criminal record involving weapons. To participate complete the Mental Health Court Application and Agreement and send to firstname.lastname@example.org and email@example.com.
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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American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action in a lawsuit. Americans also use "claim" to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision and participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit.
If you plan to file a lawsuit under federal law alleging discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information. or retaliation, you first have to file a charge with the EEOC (except for lawsuits under the Equal Pay Act, see below).
Many people are worried that if they’ve been charged with a crime that there will automatically be prison time. However, prison time tends to be less common of a potential outcome in the majority of criminal cases, especially if the crime is non-violent and you have no or very little previous criminal history. Many cases can be resolved with community service or treatment programs and often sentences are probationary in nature rather than requiring active time. This of course depends predominantly on the charges against you and your criminal history.
For people dealing with a personal injury claim, a landlord-tenant dispute, a small business scrape or any of the dozens of other possible legal muddles, this book points the way through the complex court system. The book also ncludes a chapter dealing with the specifics of handling a divorce, child custody or child support action.Written in plain English, Represent Yourself in Court breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Veteran attorneys Bergman and Berman-Barrett tell you what to say, how to say it, even where to stand when you address the judge and jury.Armed with the simple but thorough instructions in Represent Yourself in Court, you can be heard and taken seriously in any courtroom. Readers learn how to: X file court papers X handle depositions and interrogatories X comply with courtroom procedures X pick a jury X prepare your evidence and line up witnesses X present your opening statement and closing argument X cross-examine hostile witnesses X understand and apply rules of evidence X locate, hire and effectively use expert witnesses X make and respond to your opponent's objections X get limited help from an attorney on an as-needed basis X monitor the work of an attorney if you decide to hire one Whether you are a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute or any other civil lawsuit.
At trial, each person presents witnesses and the evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses. The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when the opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden.