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 ...


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

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 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

You can't sue him for wasting time, but you can probably add interest for the delay. You can also use his previous agreements to pay you as further evidence of the debt, especially if you have them in writing (emails you sent him at the time do count for this).


2

Judgement When a determinative forum makes a decision (e.g. a court or an arbitrator) and any appeals have been finalized or the time for making them has expired, then the matter is Res Judicata (a matter already judged). This serves as a complete and total bar on any claim between the same parties over the same events. A plaintiff cannot "change ...


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 ...


2

Currently, yes. In New Zealand, when a private prosecutor attempts to file charges against an alleged criminal (proposed defendant), they may be rejected by a judge (the defendant may not even be aware at all). The prosecutor then attempts to challenge the rejection by way of judicial review in a higher court (a separate civil proceeding against the court ...


2

No, a Singaporean court can’t enforce a judgement in Germany But a German court will enforce the judgement of a Singaporean court in Germany. It does add additional time and cost for the successful party but most of that can be recovered.


1

It really depends on the type of the case, and what exactly you anticipate the adverse party would do to "drag" you into a long litigation. It also depends on the litigation style of the adverse party. Generally, the court has a fair amount of discretion over award of attorney fees and court costs. It's best to talk to a lawyer and get some context-specific ...


1

Legal battles are public Litigation is a government function and, at least in liberal democracies, government is publicly accountable. Courts in common law systems make law and people need to know what the law is. Politicians need to know what courts are deciding so that, if they don’t agree with the law, they can change it. The public needs to know so they ...


1

If you are thinking of an action that can be taken beforehand, a declaratory judgement might be what you are looking for. Taking the example from the article: If company A is producing something and company B thinks this is infringing on one of their patents, company A does not have to wait for B to sue them. Instead they can ask a court to declare that they ...


1

should I ask the publisher of the statement what facts she relied on in deposition or via interrogatory? Short answer: Yes, and you do it through deposition, not through written interrogatories. Long answer: That is one of the most elementary and obvious questions a defamation plaintiff should formulate. But follow-up questions are significantly more ...


1

Common law countries -- such as Canada -- do not usually allow these types of actions. There may be exceptions for "abuse of process" cases, in which the plaintiff generally alleges that the other party was pursuing the litigation in bad faith.


1

Should I bother responding to his emails? Or should I wait the 30 days then hire a lawyer? Depending on your jurisdiction, it might have been a tactical mistake to prematurely remind the landlord to refund your deposit. For instance, in Michigan, MCL 554.609 gives the landlord a deadline of 30 days to send the former tenant an itemized list of damages. ...


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