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31 votes
Accepted

What does a default judgement mean in the Alex Jones case

A default judgment is a judgment in favor of a party when the opposing party has failed to do something that is required, such as appear before the court. In this instance, defendant's failure was to ...
user6726's user avatar
  • 215k
30 votes

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

If the parties agree the sky is green then that is taken as fact by the court common-law Common law courts are adversarial and exist to resolve the dispute between the parties. That may involve them ...
Dale M's user avatar
  • 211k
27 votes

Why is a witness evidentiary if it cannot be disproven?

The general rule is that sworn testimony of a witness with personal knowledge of the facts is competent evidence. A guilty verdict in a criminal case will only be upheld on appeal if sufficient ...
ohwilleke's user avatar
  • 217k
22 votes
Accepted

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

What awards can I expect? In what ways would a judge's decisions about awards be legally limited? $500? Interest? Time spent pursuing collections? Filing fee? Anything else? My research so far ...
ohwilleke's user avatar
  • 217k
14 votes

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

I don't know of any cases where a court has done this, but the law would permit it in an appropriate circumstance. Under Fed. R. Civ. P. 54(c) federal courts in the united-states may grant relief ...
bdb484's user avatar
  • 60.2k
11 votes

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

In france, the court is bound by the parties’ claims. See articles 4 and 5 du code de procédure civile: L'objet du litige est déterminé par les prétentions respectives des parties. (...) Le juge doit ...
KFK's user avatar
  • 1,479
11 votes

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

united-states Yes, it is possible for the jury to award more than is asked for, whether it was one dollar or another value. In fact, in Bollea v. Gawker, the plaintiff asked for $100 million. The ...
Mary's user avatar
  • 1,399
10 votes
Accepted

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

This is called double recovery, double compensation or over-recovery, and it is usually prohibited. The rule against double recovery is also known as the one-satisfaction rule. Courts may give effect ...
sjy's user avatar
  • 9,178
10 votes

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

in this case, both parties agree on the "fact". Is that all that's required for a fact of such gravity? What if he was ordered to give up some of the Bitcoin (not its value, the bitcoin ...
ohwilleke's user avatar
  • 217k
7 votes

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

Your lawyer will advise you whether to worry, but it is not a crime to not pay the rent. The action that the landlord can take is (a) evicting you and (b) suing you for the unpaid rent. Whether a ...
user6726's user avatar
  • 215k
7 votes

Why is a witness evidentiary if it cannot be disproven?

Witness testimony can be disproved, or perhaps the better word would be countered. One side can call a different witness who will tell a contradictory story. Physical evidence which contradicts a ...
David Siegel's user avatar
5 votes

Why is a witness evidentiary if it cannot be disproven?

Hearsay adds an extra abstraction on witness testimony, which leads to the possibility that, at the same time: The witness' statement is correct The facts stated by the witness did not actually ...
Flater's user avatar
  • 634
5 votes
Accepted

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

Nope. Say I sue you successfully, and the court delivers a judgement that awards $1000 in damages. It is not the responsibility of the small claims court to ensure that the judgement is fulfilled. ...
Zizouz212's user avatar
  • 2,548
4 votes

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

client must provide me a suite in his hotel that costs $10K for a night based on a contract we held in the past (the contract has expired as of 31-Dec-18 but he never rendered the service because ...
Greendrake's user avatar
  • 27.5k
4 votes
Accepted

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

Yes Deciding a case on a basis the parties have not raised is a denial of natural justice (or procedural fairness) and invalid. The reason is very simple, the parties have not had the opportunity to ...
Dale M's user avatar
  • 211k
4 votes

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

Declaratory judgments clarifying the meaning of a written instrument such as condominium governing documents are possible, but only when there is a bona fide dispute between parties who have personal ...
ohwilleke's user avatar
  • 217k
4 votes

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

Typically, a Prayer for Relief (the part of the lawsuit documents that includes the listed Relief) will request "Any other damages as the court sees fit" which allows for this. To my ...
hszmv's user avatar
  • 23k
3 votes

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

Here's what would likely happen in general: the plaintiff would seek a prejudgment attachment before they even get to trial (here's an example of Civil Procedure Rules outlining prejudgment attachment)...
A.fm.'s user avatar
  • 2,840
3 votes

Increase in civil award damages in 1980s?

The Liability Insurance Crisis There was absolutely an increase in liability insurance premiums in the 1980s, although the cause of the liability insurance crisis in the 1980s remains disputed. ...
ohwilleke's user avatar
  • 217k
3 votes

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

There is no legal requirement that a jury be composed of people demographically like the defendant (or the plaintiff), there is simply a requirement that the selection process give all kinds of people ...
user6726's user avatar
  • 215k
3 votes

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

The court can assume that anything the plaintiff claims and the defendant admits is true. In this strange case, the defendant has for a long time claimed that he is the inventor of Bitcoin. There are ...
gnasher729's user avatar
  • 34.1k
3 votes

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?

Insurance doesn't work the way you think it does Insurance indemnifies Bob from any liability he has towards Mary up to the value of the insurance. So, if a court finds that Bob must pay Mary $200k ...
Dale M's user avatar
  • 211k
3 votes
Accepted

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

The error is not important It’s surely a mistake that will be clarified and corrected long before anyone enters a courtroom.
Dale M's user avatar
  • 211k
2 votes

How are civil judgments most typically settled?

united-states In order to prevent this collection activity, B can pay A some or all of the amount due on the judgment, which can reduce post-judgment interest as well. There is usually a brief period ...
ohwilleke's user avatar
  • 217k
2 votes

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

Because you get an unenforceable judgement Default judgements are weak and can be set aside for all sorts of reasons. “I was never served” is one of those reasons.
Dale M's user avatar
  • 211k
2 votes

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

These powers Find out what the debtor can afford to pay Send bailiffs to collect payment Get money deducted from wages Freeze assets or money in an account Charge the debtor’s land or property ...
Dale M's user avatar
  • 211k
2 votes

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

Doesn't matter. The judgment is denominated in dollars not Bitcoin. So even if Bitcoin crash-dived to $30/coin, making the hoard worth only $33M, the defendant owes the plaintiff $100 million. If ...
Harper - Reinstate Monica's user avatar
2 votes

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

In addition to the other two answers (which are certainly correct), you should probably check the civil code for possible sanctions specific to this failure. For example, if a party fails to comply ...
Tim Lymington's user avatar
2 votes

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

You can only appeal on matters of law - an appellate court cannot consider matters of fact. Its hard to see what's going on here through the wall of text but I'll try to do my best. I don't know ...
Dale M's user avatar
  • 211k

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