Definitely don't make your litigation decisions for vindictive reasons. You'll only end up hurting yourself. Besides generating excessive litigation expenses, your health and happiness will suffer. If you look honestly in the mirror and realize that your motivation is spite or revenge, it's in your own best interests to find a way to settle or otherwise end the case.
I'd been planning to spend a few days in a nearby city, so I hired a nurse to look after my mother while I was away. Two hours after I left, while I was still on the airplane, APS came to my mother's place and found her alone. The nurse I hired foolishly stepped out for some reason, and when she returned APS was there. They took my mother to a nursing home against her will.
With mediation, you and the other party meet with a neutral third party, who facilitates discussion. The third-party neutral does not decide the case; however, he or she will help the parties find common ground. The mediator may also propose potential ways to resolve the dispute. Mediation can be a cost-effective way of resolving a dispute to your (and the other party’s) satisfaction.
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.
If you have a registered in EEOC's Public Portal, you can submit your request by logging in to your charge account and uploading your request. If you don't have an online charge account, send your request for a Notice of Right to Sue to the EEOC office responsible for investigating your charge and include your EEOC charge number and the names of the parties.
His lawyer said he reckoned he would win his lawsuit and get the money if they ever got started on the trial; but then there was ways to put it off a long time, and Judge Thatcher knowed how to do it And he said people allowed there'd be another trial to get me away from him and give me to the widow for my guardian, and they guessed it would win this time.
Oakland, CA: A Northern California owner and operator of two horse training facilities--Portola Valley Training Center in Menlo Park and Gilroy Gaits in Hollister, doing business as EWC & Associates Inc.—has been reigned in by federal court and ordered to pay $1,270,683 to 30 employees for several work visa program violations and California labor law violations.
Whether you have been sued, or are planning to sue, you can win your case at various stages of the litigation. You must understand the law as well as the applicable procedural rules. You will win a case if you can show that your opponent missed a filing deadline, has no legitimate cause of action, spoiled or destroyed evidence, or doesn’t have strong enough evidence to win at trial.
Lawyers spend years learning how to question witnesses, present evidence, and make arguments in court. Before you make your courtroom debut, you should learn the basics abouthow to follow the procedures and rules of the courtroom and how to prove your case. First, ask the court clerk for a copy of your court's local rules, which may include everything from deadlines for various trial procedures to nitpicky restrictions on how small your font can be in documents you submit to the court. Second, read Represent Yourself in Court, by Paul Bergman and Sara Berman (Nolo), a great resource that explains how to handle every step in a civil trial.
However, it is often more convenient to refer to cases – particularly landmark and other notable cases – by a title of the form Claimant v Defendant (e.g. Arkell v Pressdram). Where a legal proceeding does not have formally designated adverse parties, a form such as In re, Re or In the matter of is used (e.g. In re Gault). The "v" separating the parties is an abbreviation of the Latin versus, but, when spoken in Commonwealth countries, it is normally rendered as "and" or "against" (as in, for example, Charles Dickens' Jarndyce and Jarndyce). Where it is considered necessary to protect the anonymity of a natural person, some cases may have one or both parties replaced by a standard pseudonym (Jane Roe in Roe v. Wade) or by an initial (D v D). In titles such as R v Adams, however, the initial "R" is usually an abbreviation for the Latin Rex or Regina, i.e. for the Crown. (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms.)
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.