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Questions tagged [civil-judgment]

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15 votes
4 answers
3k views

Can possession of an asset be assumed in US civil court?

I'm wondering about what facts can be assumed in a civil court, or in different terms, is civil court more concerned about the exact argument between parties, rather than actual facts? In Bitcoin news,...
user avatar
14 votes
1 answer
2k views

What does a default judgement mean in the Alex Jones case

NPR ran a story about the judgment against Alex Jones by parents of Sandy Hook victims. Below is an excerpt (emphasis mine) Judge Maya Guerra Gamble in Austin, home of Infowars, entered default ...
sevensevens's user avatar
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13 votes
1 answer
2k views

What award can an unpaid independent contractor expect? What are the legal incentives to pay contractors?

I (Washington State, USA) worked, under contract, for an LLC (Los Angeles, California, USA) and never received payment. I was considered an independent contractor; contract specifies Californian ...
user2206636's user avatar
9 votes
4 answers
2k views

Is it possible for a court to adjust damages awards upward beyond what is asked for?

When a plaintiff (or counter-claimant) has only sought $1 in relief, do courts ever adjust that upward to reflect the true value of damages?
TylerDurden's user avatar
6 votes
1 answer
590 views

Catherine Middleton topless pictures ruling - why €100k in damages?

As currently reported in the press, Catherine Middleton (the Duchess of Cambridge) sued the French magazine Closer for publishing topless photos of her sun-bathing, and she and her husband were ...
sleske's user avatar
  • 8,095
5 votes
3 answers
2k views

What are consequences for defendant failing to meet orders of civil court?

I read that a civil court judge may order that a defendant, for example, pay damages; or, another example, provide particulars relevant to the pre-trial pleadings. But what if they don't comply? ...
Mavaddat Javid's user avatar
5 votes
1 answer
129 views

Would Trump's lawsuit against Judge Juan Merchan be barred by Spark v. Stumpman?

Donald Trump filed a lawsuit against Judge Juan Merchan today after he issued a limited gag order earlier to prevent damaging judicial administration via witness and jury intimidation. The Supreme ...
Anthony's user avatar
  • 413
4 votes
2 answers
694 views

Can a creditor double their money after a default by joint debtors?

Can a creditor double their money after a default by joint debtors? In other words, lets say that two people jointly owe a bank $100,000 and both are fully responsible for the loan. The loan goes ...
Cicero's user avatar
  • 6,910
4 votes
1 answer
1k views

What happens if a person does not pay for the sentence in a small claims court?

The Small Claims Court in California say that they cannot collect the value awarded by any sentence that they deliver. What happens to the defendant if he/she is sentenced to pay the plaintiff but ...
Gabriel Diego's user avatar
3 votes
3 answers
4k views

Why is a witness evidentiary if it cannot be disproven?

I am having trouble understanding the logic of the law discrepancy between hearsay and witness testimony in towards proving guilt rather than innocence.
Nick Carducci for Carface Bank's user avatar
3 votes
1 answer
661 views

Are judges limited in their reasoning to arguments raised by the parties?

Bob files a civil lawsuit agaist Rob. For simplicity, let's assume they both represent themselves. At the hearing, Bob says: "Here is the evidence. Rob was wrong because of reason A, so he owes me ...
Greendrake's user avatar
  • 27.5k
2 votes
3 answers
412 views

Is it criminal to take evasive actions to avoid paying a civil judgment?

If a lawsuit goes against the defendant and a judgment is rendered against the defendant, is it a criminal act for the defendant to then start hiding their assets or taking deliberate steps to evade ...
Cicero's user avatar
  • 6,910
1 vote
3 answers
96 views

How are civil judgments most typically settled?

A is suing B, and the court has awarded A £5000. Who decides how this balance should be paid, and what is the most common method of payment? Is it usually done through a bank transfer or a cheque? Can ...
TylerDurden's user avatar
1 vote
2 answers
164 views

Is it possible to seek a declaratory judgment without having a dispute / opposing sides?

Specifics: I am a board member of a condominium association in Florida, U.S. Our governing documents (articles of incorporation, declaration of condominium, by-laws) are completely silent on the ...
scottbb's user avatar
  • 85
1 vote
2 answers
548 views

Increase in civil award damages in 1980s?

It seems that there was a large increase in civil awards around 1980. Piper Aircraft went bankrupt in 1991 after a decade of fighting lawsuits. In 1975, there were 20 makers of football helmets. By ...
Cicero's user avatar
  • 6,910
1 vote
3 answers
122 views

If a homeowner's liability from an insurance claim exceeds total coverage, can a court order that the payout all go to satisfying the liability?

Here is an extreme, hypothetical scenario that will hopefully explain what I mean by my question: Let’s say a court finds that Bob’s negligence somehow caused an explosion that destroyed Bob’s house ...
resplaine's user avatar
1 vote
2 answers
45 views

Corporate Asset inventory discovery for enforcement of judgments

Bob has tried to resolve an issue with a large company’s customer service department to no avail. He then sends them a letter before claim and finally issues a small claim against them for the refund ...
TylerDurden's user avatar
1 vote
1 answer
151 views

How can Alex Jones avoid paying the money he owes?

Alex Jones owes more than $1 billion dollars from the court cases he has lost. As far as I know, he has yet to pay a cent. From a legal perspective, how can he avoid paying any money at all for so ...
Simd's user avatar
  • 712
1 vote
1 answer
192 views

Can language in a settlement agreement have affect on taxes for a personal injury lawsuit?

I am located and suing in California. My lawyers filed a personal injury lawsuit/claim and sent a CCP 998, which the defendant accpected for judgment in my favor. The defense has sent over a ...
d.ariane's user avatar
  • 125
1 vote
1 answer
144 views

What happens to a judgment when one of the parties dies?

A sues B, wins a judgment, and can't collect because B has no money. A dies. Is B off the hook? B dies first. Does A have a claim against B's estate?
Libra's user avatar
  • 6,478
1 vote
1 answer
104 views

Casual Agreements to Privacy and Civil Lawsuits

So, let’s say that a husband and wife do something like this: a husband offers the wife an agreement (via a casual text message) that neither party will disclose the details of what they did in their ...
LegalNonExpert's user avatar
1 vote
0 answers
58 views

Civil prosecution for motoring offences in the UK

If an there's evidence (e.g. video footage) of a motoring offense being committed, such as speeding, dangerous driving, and the CPS haven't prosecuted, is it possible to make a civil prosecution. ...
James's user avatar
  • 111
1 vote
0 answers
154 views

Seizure of automobile as a result of a judgement

I am a landlord in Pennsylvania and am in the process of an eviction of a very bad tenant. There will be a judgement for back rent and damages, however, the personal property of the tenant is pure ...
closetnoc's user avatar
  • 466
0 votes
1 answer
62 views

If county court claim is issued to incorrect or old address, can a default judgment be entered against the respondent?

If an alleged debtor moves homes again and is then unreachable at his old address, or if the claimant simply has an incorrect address and serves the claim on this address, then the respondent can't be ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
93 views

What powers do civil courts have to probe the finances of a defeated defendant refusing to pay compensation or even claiming destitution?

Are bailiffs ever used to enforce civil damages judgments as they are for fines and evictions? If a defendant wishes to get out of paying the compensation ordered due, how hard is it for then to ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
133 views

Civil Case- Tricky Eviction

Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home. Only problem is that this son has never ...
James Locklear's user avatar
0 votes
1 answer
71 views

How/where to find precedent civil cases (Canada)?

I am interested in learning about some civil cases that happened in the past. What are the resources that one could use to find thematic breakdown of such cases? For example, where would I be able to ...
AK88's user avatar
  • 153
0 votes
1 answer
126 views

Can I take my Appeal to Supreme Court in UK if my permission to appeal is refused [closed]

I am appealing a biased, wrong in law and in facts, a Judgement against me in a possession claim that was based on speculation and miss-representation of facts. the District Judge took exactly the ...
kensington's user avatar
0 votes
1 answer
399 views

Appeal process in UK from District Judge

Could anyone please explain to me my options. I am appealing against a possession order from a District Judge to a Circuit Judge. I have a hearing for permission to appeal in two weeks time. I am ...
kensington's user avatar
0 votes
0 answers
26 views

Example of res judicata and collateral estoppel in the US [duplicate]

I know that res judicata, also known as claim preclusion, prohibits lawsuits involving the same cause of action and the same parties if the court has entered a final judgment on the merits. On the ...
HelloDarkWorld's user avatar
0 votes
0 answers
15 views

Searching New York civil litigation case law

Are civil cases litigated in the state of New York between private businesses back in the 1980s accessible to the general public somewhere somehow, either free or behind a paywall? Say I know that a ...
Greendrake's user avatar
  • 27.5k
-1 votes
1 answer
249 views

How do courts redress jury decisions when evidence of jury bias is present?

tl;dr: How do courts redress jury decisions when evidence of jury bias is present? Example case I know from Georgia: victim hit by a drunk driver. The players and timeline below. Plaintiff (victim)...
lizphenix's user avatar
-2 votes
1 answer
124 views

Could there be legal action against me for non-payment of rent with no written contract? [closed]

I have occupied a room in freehold from a family for about 2 years now. There was never a lease. For the past 10 months I have not been living there (but at my girlfriend's place), I go there once a ...
10101010's user avatar
  • 159
-2 votes
1 answer
155 views

Civil Case - Damages exceeding $250,0000.00 (sic) [closed]

First, the number in the title is not a typo. This is from a civil case that reads: "WHEREFORE Plaintiffs respectfully pray for the Judgement of this Court in their favor and against ######, for ...
RogerWeezie's user avatar
-2 votes
3 answers
253 views

Can I sue a client for the 'delta' in price if I accepted his (insulting) offer?

I have a client who refuse to respect one of the clauses in our contract and offer an alternative for much less. Short version: client must provide me a suite in his hotel that costs $10K for a night ...
ProcolHarum's user avatar