So, what happens when you have a defendant who is difficult to find? You go through a process to hunt him down. That process is longer when the defendant is elusive, but if you do it right, you get a defendant who must answer or you get a default judgment. Either way works for you.
Lawyers opposing pro se litigants want it to be one way, but sometimes it’s the other way. Few things warm our hearts more than seeing pro se litigants handle bullying tactics from opposing counsel. A Courtroom5 member shared her experience of being bullied by her opponent’s lawyer. The clapback was strong. She made sure he won’t do it again, at least not to her.
The degree to which high court fees stop people from pursuing legitimate claims and defenses in court is not known. What is known is that filing and other fees are relatively high. While most people can handle simple one-time fees for documents or copying costs, filing and related fees might influence people’s decisions about going to court. That makes them an access to justice problem.
The right to a jury trial is part of the U.S. Constitution. So why don’t most cases reach a jury? Sure, many cases are settled, and some are frivolous, not worthy of being considered. But there are enough meritorious claims to keep our courthouses busy. Or maybe not, according to the nation’s judges. They are dismissing cases left and right. You won’t believe how few cases reach a jury.
When you’re sued and you want to avoid a default judgment, one of the first things you must do is respond. You can respond in a motion or pleading that essentially says, “Yo! I’m here, and I don’t agree with everything you say,” or “You might be right, but I’m not liable,” or “You can’t sue me because you done screwed everything up.” The first is an answer. The second is an answer and affirmative defenses. The third is a motion to dismiss. Here, we’re concerned with the second, the answer and affirmative defense.
The long-awaited first book from Brian Vukadinovich — Motion for Justice: I Rest My Case — is now available at fine bookstores everywhere. It chronicles his long fight with the U.S. justice system and shines a new light on the biases, unfairness and corrupt motivations of the nation’s courts. It’s a wake-up call for anyone seeking justice in the courts.
Equitable estoppel, waiver, and ratification all stop a person from reneging on a contract or taking legal action that conflicts with previous conduct or behavior. The three affirmative defenses all prevent someone from going back on their word.
Despite the millions of open legal cases in America’s courts, the average person does not do litigation often. So, it’s not surprising that many myths have formed around real litigation. We present a list of common myths about real court that should be eradicated for the sake of real justice.
Litigation documents are not the first thing the average person thinks about when they hear the term “legal documents”. Wills, deeds, powers of attorney, tax forms, come to mind first. These are legal documents, but they’re not for the purposes of litigation.
Litigation documents are less formulaic and more intimidating than these. Their purpose is to move a lawsuit along. In that sense, they’re more powerful than documents written on pre-printed forms.
A motion to dismiss asks or “moves” a judge to end a case because of deficient claims, improper service of summons, or for some other procedural error. A motion to dismiss will result in (1) a denial of the motion, (2) a dismissal “without prejudice”, allowing the plaintiff to amend the complaint, or (3) a dismissal “with prejudice”, which ends the case. “I didn’t do it” does not satisfy the requirements of a motion to dismiss for the defendant, and a simple “I did it right” might not suffice to keep a complaint afloat. Learn what to look for and address what matters in a motion to dismiss.