This is the first step of the litigation process. Litigation is the process of suing someone for perceived wrong. Civil lawsuits can be settled out-of-court. People usually try to reach an agreement by resolving the conflict. This is done to avoid litigation and curb the expenses. If no settlement can be reached upon, the plaintiff files a complaint in court. The copy is then submitted to the defendant. The defendant then is given a certain time period to respond. A third party might try to resolve the conflict and bring the concerned parties to a consensus. If not, the case moves on to the next stage.
The business was beginning to fail and it was decided to close the doors. As part of the natural reconciliation for the CPA, the company’s financial statements had to be created. As luck would have it, the partner’s computer crashed and Quickbooks was erased! He said, no problem, he would get all the bank statements and reconstruct the Balance Sheet. Two weeks went by… no paperwork. The printed bank statements and his new Balance Sheet and total reconciliation was finally turned over after several conversations.
What is civil litigation? civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.
I took a look at the grant packages he was applying to. The answer was incredibly obvious. The grants were tailored towards the proposals that would encompass the establishment of court processes and constitutional legislative drafting. Put another way, the agencies offering the grants were looking for someone to help set up the courts and write legislation, not someone to teach Eastern Europeans how to sue for negligence!
To win any civil lawsuit, you need to show the element of damages. If a person slanders you by screaming untold curses that are not true, it really doesn’t matter if they do it in the middle of the Sahara where nobody can hear it. In such a case, there is “no harm” and thus no damages.
The breach of duty was the direct cause of an injury. The actions of the driver must have directly led to your injury. If, for example, the driver ran a red light and hit your car, breaking your legs, the driver has directly caused your injury. If the connection between your injury and the other driver’s negligence is more tenuous, you might want to discuss your case with a car accident lawyer.
The existence of a duty. In car accidents, this duty is following the rules of the road in order to prevent an accident. Duty has generally been defined as taking a reasonable amount of care to avoid accidents. All drivers are expected to behave in a way that will not endanger fellow motorists.
If you do, you’ll want to find a firm that is dedicated and experienced in that particular brand of law. A car accident can be devastating for all involved. And with new distractions hitting us every day (and more drivers than ever before), they aren’t going away any time soon. You need to not only be vigilant while driving, but knowledgeable about what to do if something bad happens.
Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.
If you choose to fight back yourself, this is called being a pro se litigant and it is highly do-able. I’ll try to break down the most common steps of a lawsuit, so you know what to expect. Please remember this is just based on my own experience and the experience of others I’ve talked to or worked with.
Tolerance has become the sole absolute of our society, the queen mother of all social values. Kids are hearing it preached every day in Secular Indoctrination Centers (excuse me…Public Schools) and in the media. Unbeknownst to most Christians, tolerance is a threat to our very faith.
A maid who has experience and has been in business for many years will provide quality work and will also be honest. Check their website to see if they have any testimonials from clients.
I directed here to the ACFE (Association of Certified Fraud Examiners) and recommended she retain one. Eventually they will need to get with police to explain the case but a search warrant will also be needed for the crashed computer (that was at his home). The District Attorney will then become her advocate for the criminal proceedings. I also suggested she contact a civil litigation attorney. She can simultaneously work towards the civil aspects: property seizure, notifying the IRS, putting liens on property etc. She was happy to have some direction and assured me she would call me when it was over.
Germany is a litigation state. Germans are the most likely to sue in the European Union. The state encourage this. And many States do not even need evidence to award damages in civil courts. One reason, many Germans say its better to own nothing in there own Country,- its safer.