19

In some jurisdictions, California probably being the most well-known in the US, there are Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes, which allow a defendant to file an anti-SLAPP claim (for sake of clarity I'm going to keep calling that person the "defendant") when the plaintiff's suit appears to have been filed for the purpose of ...


13

Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose ...


8

TL;DNR: YES! A "motion to dismiss" a suit asks the Court do exactly what you say. It asks the Court to dismiss the suit as legally invalid, even if the facts alleged in the suit are correct. A motion to dismiss is usually filed in response to the initial complaint. A defendant can ask for dismissal on a variety of grounds. These range from, "this court ...


7

As a pro se litigant, you have the same power as an attorney to prepare your case. What is that power? Subpoena power. That is the power to compel witnesses to appear and give testimony. Along with subpoena power, you have the power given by the rules of discovery, to conduct discovery, send interrogatories (written questions to the opponent and non-...


6

I fully agree with Chapka that this would be inadvisable. That said, there are lower cost legal research options, especially since this is in Federal court. First, before alternatives, there may be public law libraries that offer some kind of Westlaw or Lexis access from on-site terminals. Law libraries also provide access to the practice manuals and etc. ...


6

If you want to bring a 1983 suit, and you can't afford or don't want to pay a lawyer, your best resource is to contact a lawyer who will represent you for free. There are civil rights and advocacy groups that will take on this type of case, and even if they won't, they may be willing to give you a quick evaluation of your case to tell you if it's something ...


5

The fact that the employer has vicarious liability for acts of its employees "within the scope of employment" does not mean the employees are not also liable for their own acts. In reality, however, the employer is more likely to have insurance for such "acts or omissions" of employees. The plaintiffs can "sue everyone in sight" and let them figure out who ...


5

A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances is a civil case likely to go to a jury trial, and under what circumstances can a party either demand, or prevent a jury trial (aside from a contract where both parties waive their rights to a jury trial)? In federal court, there is a right to a jury trial in ...


4

If you sue a person for a tort X, one of the things you have to prove is that the defendant did do X. A baseless belief that it must have been so-and-so will do you no good. You do not have to have iron-clad evidence of your allegations, for a civil suit, but you have to show with a preponderance of evidence that the claim is true. A combination of "hates me"...


4

You can try, however, a US court when considering if it has jurisdiction will doubtless ask you to explain why a Canadian business wants to sue a Canadian company for an unpaid debt in Canadian dollars for services provided in Canada in a US court. If you can satisfy them that a US court is the appropriate venue (which I doubt) they will hear the case.


4

The language "I therefore place you on notice that" in your proposed missive is superfluous and adds nothing that is legally relevant. Flourishes like that are common among former paralegals, court clerks, common law country notaries, and other non-lawyers who want to sound legalistic but don't really have the relevant legal knowledge. It is common to say "...


4

if a manager emailed an prospective employee a contract containing the pay rate of $20/hr, if the prospective employee crossed out $20/hr and replaced it with $25/hr, then went to work and gave the manager the contract which he failed to carefully read, continued working for a few months, would the employee be entitled to $20/hr? A party ought to ...


4

The expected value formula involves multiplying the estimated dollar amount of each possible outcome by the estimated probability of that outcome adding up the result for every possibility. The results for each outcome have to include the ability to pay if you win and the cost of collecting if you win and the time value of money if not settling delays ...


3

This is a matter of tradition and common practice. The reputed purpose is to make sure that all of the facts sworn to are really in front of the person swearing to them and not just swapped out by changes in the claim after the document is sworn to, but it is a bit pedantic. Often legal requirements are like that.


3

Other answers have pointed out that the employer and employee can both be sued, and the employer is more likely to be insured, or able to pay, for damages. But why would the employer pay to insure the liabilities of its employees? What happens if a negligent employee is wealthy and the employer company is insolvent? The plaintiff can recover solely from the ...


3

Most pro se litigants fail in the court procedure area. There are many intricacies about what must be completed by when. Determining jurisdiction can take a very long time, especially personal jurisdiction. These things set back cases repeatedly. Additionally, many pro se litigants fail a 12(b)(6) motion. This means the other side files a motion saying ...


3

It is the use of a "menace" which creates the crime, not the nature or validity of the demand. That's not correct. You've inadvertently missed the other element of the offence: that it's an "unwarranted demand". A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted ...


3

Based on the comments, it appears you are interested in a mechanism for preemptively declaring that your conduct is not wrongful without waiting for someone to bring charges or a lawsuit against you. In most common-law jurisdictions, a litigant who learned that a prosecutor was preparing charges against him, or that someone else was preparing a lawsuit ...


2

Generally, yes, but these policies are not written in a vacuum. The provider knows the operator in working in NP and knows that the NP prohibits waivers so the policy may state that the insured cannot require waivers but it will certainly build into the premiums the fact that the insured can't require waivers (ie more claims than if waivers were allowed). I ...


2

The law isn't necessarily consistent across all states and even all different kinds of reasons that fees are awarded within a state, but the predominant practice is for interest to be awarded only post-judgment and not pre-judgment on attorneys' fees.


2

The question doesn't make much sense (chain of custody generally relates to admissibility of evidence) - admissibility issue rest with ER's (ER: evidence rules found usually under "general application rules" -chain of custody is normally used in criminal cases for evidence to insure no alterations to the evidence etc. I don't understand how format of data ...


2

Gawker, Denton, and many others including different Gawker "companies" are defendants as you see in the complaint. After the verdict, 3 defendants (Gawker LLC, Denton, Daulerio) moved for "judgment notwithstanding verdict" on all claims against all defendants, also they moved for a new trial. On p. 27 of the latter it indicates that punes were awarded ...


2

Owner claims cannot satisfy chain of custody if the data hit a cloud. Is that true? No. On the one hand, as you say, you can just include the cloud provider on the chain of custody. On the other hand, opponents don't ask for chain of custody. And when they do, it's going to take a pretty drastic series of events to diminish the admissibility or ...


2

But even then, to my understanding, a contract can't prohibit a party from seeking legal remedies. You are mistaken. A contract settling a bona fide dispute regarding people's legal rights can mutually (or unilaterally for that matter) release or waive their legal rights. In fact, a waiver or release of rights is routinely a part of a settlement agreement....


2

Yes, 3 is strictly better but it may not be possible The plaintiff may not know who all (or any) of the partners are or they may be impossible to serve (e.g. they all live incommunicado in Amazonia). That leaves suing the firm as the only option. The plaintiff may not know they are dealing with a firm - they only know they are dealing with John Smith, so ...


2

In the state of California, how could one find out if a commercial company had ever sued another company? The search is complex because there is no "one-stop shop" for this. To search in federal court, go to pacer.gov. To search in state trial court, contact the court of your county and ask whether it has a site for online case search. Other counties ...


2

In exactly the same way that you make any other decision in the midst of uncertainty How do I decide whether to get the steak or the fish? How do I decide whether to go to the movies or the beach? How do I decide whether to buy, sell or hold International Widgets Inc.? How do I decide whether to get married? How do I decide whether to holiday in Bali or ...


2

If you can persuade him to return the deposit, that is the best outcome: cheaper and quicker. The second cheapest alternative is filing a claim in small claims court (assuming your jurisdiction doesn't have a special landlord-tenant dispute adjudication board). This does not require a lawyer, it simply requires that you can say why you think you are entitled ...


2

Can these all be claimed at once or is this not allowed or would "look bad" and should be dealt with as separate cases? They all ought to be claimed at once if they involve the same defendant(s). The subject matter of a case is the facts as they pertain to the defendant(s) to that case. The legal theories --which are labeled as claims of negligence, fraud, ...


2

if they settle, could the plaintiff sue again claiming he found more damage than he was first aware of? Generally speaking, no. It would be the plaintiff's responsibility to ensure awareness of what he was settling for. For the settlement to be voidable and be entitled to resume the claims, there would have to be additional circumstances, such as: having ...


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