Looking ahead to 2020, these same methods can be deployed and help Trump win reelection. We must inform the voters of the radical policies the Democrats are proposing and talk face-to-face with voters about what is at stake. The left is being more transparent, going beyond simple support for abortion and instead promoting infanticide while simultaneously attacking religious freedom, labeling traditional understanding of faith as bigotry. Standing up for babies (both born and unborn) and religious freedom can be winning issues for the right. We must build off of wins like Wisconsin and mobilize voters on the right issues in order to win in 2020 and beyond.
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.
There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince the judge to change the decision or grant a new trial.
If, upon review of your case information, the attorney determines that you have a very strong case and that State’s case may be weak, one option is to fight the case by going to trial. The decision to go to trial is always the client’s decision. Depending on the charge and the jurisdiction, this may mean a bench trial, meaning a single judge presides and makes a decision as to your guilt or innocence, or a jury trial, meaning a jury of usually 12 people decides guilt or innocence. A trial usually takes quite a bit of time to be scheduled – in North Carolina a felony trial may take as long as a year or more schedule and in others it may take two years or even more. This is based on the severity of the crime you’ve been charged with and how busy the court calendar is.
The Las Vegas Municipal Court Mental Health Court is designed to help people with mental illness who are struggling to stay out of the criminal justice system. To qualify for the program participants must be diagnosed with a mental illness such as, schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder or posttraumatic stress disorder.
“He did however find the time to produce a video and a 40-page mailer distributed to constituents attacking The Fresno Bee and its coverage of the Alpha Omega winery case. Logically, California is a more appropriate location to try this case since Mr. Nunes represents a constituency in California, McClatchy is based in California – for 162 years – and The Fresno Bee is the Representative’s hometown newsroom.
In civil lawsuits, particularly in Small Claims Court, you can get a judgment by the Court for money owed you, but you may have great difficulty collecting the money. There are ways the Court can put pressure on the payee, with garnishment or a lien against the property. In these cases, you must be proactive in getting the court to use its power in any legal means necessary to get someone to pay, But, as they say, "you can't get blood from a turnip."
Are you facing a legal issue, or just looking for more information about a specific legal topic? FindLaw's Learn About the Law section is the perfect starting point. Learn About the Law features informational articles about a wide variety of legal topics, as well as specific information about subjects such as how to hire an attorney and understanding your state's unique laws.
"Ensuring that fair and transparent admissions processes exist across the UT System is necessary to maintain public trust," the university has stated in admission policy documents. "Recruitment and admissions policies that are disclosed to the public and are consistent with stated university goals garners public trust that student admissions are centered on merit."
During document production, you or the other side can request any documents that might have anything to do with the case. These documents may have information you can use to help you win the case. If you discover a "smoking gun" – a document that proves the person or company you're suing is liable for your damages – you can point it out and demand the other side settle. You also may be able to file a motion for summary judgment, arguing that certain facts or issues have been settled based on that piece of evidence.
Specifically, it names portions of the undergraduate catalogue, handbook of operating procedures and nondiscrimination policy that ban verbal harassment, including threats, insults and personal attacks based on a person's race, religion, gender, age and other personal characteristics, as well as portions of university and residence hall policies that prohibit uncivil behavior and harassment.
I’m not sure we did capture all the possible cases. The highly publicized cases, like DACA and the travel ban, are obvious. Nobody seems to keep some sort of master list of everything else. So Deanna and I began to track them down using a variety of sources. We wound up with the number 63, which even since we wrote the piece has increased to about 68.
The state caused my mother to die three months after they took her from her home and placed her in a nursing home, where she refused to eat and developed a giant bed sore. I have the evidence. I had the funeral home take pictures of her body. She weighed only 85-90 pounds all her life. When she died in the nursing home, she barely weighed 60 pounds. Before they took her from her home, the only physical problem she had was slight dementia. The trauma caused her to stop eating.
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.
Civil litigation is between two parties in which one party is claimed to have injured another, and it's the kind of litigation most businesses will be involved in. Criminal law is the government prosecuting a crime against society. In civil law, the burden of proof changes from "reasonable doubt" to "preponderance of evidence," which is less onerous on the plaintiff.
Litigation was the pathway to the freedom to marry in many states. It often takes a judge to challenge prevailing assumptions (and even prejudice) that political decision-makers such as legislators or voters may be more unwilling to overcome. Early on, we won in state courts, first in Hawaii in the 1990s, then in Massachusetts, California, Connecticut, and Iowa. Later, we won in federal court, first in California, then in Utah, Oklahoma, and beyond, all the way up to the Supreme Court. In total, 25 of our final state victories (aside from the 13 final states we won at the U.S. Supreme Court) came through judicial rulings – 5 in state court and the rest in federal court. Most of these court wins came through our movement’s legal arm – the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, Lambda Legal, and the National Center for Lesbian Rights – while a significant share were initiated by private attorneys and assisted by growing numbers of law firms eager to join in the progress. Several of these victories, though, were stripped away by political attack, and most of them would not have happened had we not built momentum in public understanding and even the politics of the marriage debate, creating the climate for the courts to rule in our favor and ensure that the public and elected officials would accept the outcome.
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 ).
Tulane University student Lauren Fidelak said she applied to USC and UCLA and was turned down, then had an emotional breakdown and had to be hospitalized, the suit says. Her mother, Keri Fidelak, and Johnson's father, James, have also joined the suit, along with Stanford student Kalea Woods and California community college student Tyler Bendis, and his mother, Julia.
The lawsuit from Quinault Nation, which owns and operates Quinault Beach Resort & Casino in Ocean Shores, Wash., alleges that Valve has facilitated the use of textured digital weapons, known as “skins,” in games such as Counter Strike: Global Offensive as collateral in online betting through third-party sites. The lawsuit argues that through so-called “skins gambling” Valve has “subjected Washington citizens to scam, unsafe and unfair gambling.”
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.