A tort is defined as a "private or civil wrong or injury." It is distinguished from criminal law because it is an injury against an individual and not the state (city, county, or state government). If a person ran a stoplight and hit your car, the state would ticket the driver for running the stoplight but it would not be able to sue the driver for the injuries received by the victim of the other car. That is considered a private wrong or injury and it is the right of the victim to file a civil suit against the driver seeking damages for the injuries received.

Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to a history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal.
Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to hear and decide certain cases. The United States Supreme Court is given its authority by Article III of the United States Constitution. There may be instances when the United States Supreme Court might review a judgment rendered by a state court, but those instances are rare, occurring only when there has been a final judgment or decree of the highest court of the state in which a decision could be had involving a substantial federal question. Normally, the United States Supreme Court reviews judgments rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The United States Supreme Court has original jurisdiction over matters involving treason and presidential impeachment.
Pursuant to its order, a three judge panel of the Ninth Circuit, made up of Chief Justice Sidney Thomas, and Circuit Justices Alex Kozinski and Marsha Barzon heard oral arguments on December 11, 2017. Watch a video recording of the oral arguments below. Eric Grant, representing the Trump administration and the U.S. government, argued that the case be dismissed. Justice Kozinski subsequently resigned and was replaced on the panel by Circuit Justice Michelle Friedland.
@Jake, just telling Karen “nope” doesn’t cut it, especially as it means you ignore a factual detail from the story. This guy had no case. Think about it: the show premiered in summer 2016. That means they had to develop a “stolen” idea into treatment form, break it into individual scripts, find someone willing to finance them, come up with a distribution source, cast the series, secure crew and resources, do location scouting, film it, edit it, and then submit it for premiere. Films can indeed go from the spit-balling phase to completed product in a mere eight weeks; I knew a guy who did just that with a $150k 35mm production. The results are almost always junk (like my friend’s), and ST is television at a high quality, near-cinema level. That takes a much longer time to develop. Note also that ST is very similar to Super 8, which also channeled King and Spielberg, yet Abrams et al never sued the Duffers nor this Kessler guy. For that matter, King has never sued any of them. Kessler had as much leg to stand on as the person who sued JK Rowling for Harry Potter (while Neil Gaiman could have sued both–but did not–since his Tim Hunter appeared in 1990, ahead of both parties).
Austinite Cody Wilson first published plans for a 3D-printable single-shot pistol online in 2013. The gun is mostly plastic, with a few small metal parts that can be bought at a hardware store. Shortly after the plans were posted, the State Department told Wilson that doing so likely violated federal arms export rules — and ordered him to take them down.

Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
Let’s say you go to court and a court reporter is not present. You argue very strong points against an attorney with weak ones. Despite both the law and facts on your side, you lose. Think an appellate court will understand what went wrong and overturn the ruling? Probably not. Appellate courts will find many excuses not to overturn a lower court ruling. Without a court reporter’s transcript, an appellate court will say that the lower court was in the best position to evaluate the arguments made. Then, they’ll let the lower court decision stand. A court reporter, on the other hand, creates an official record of proceedings that can be sent to the appellate court. In the lower court, the simple presence of a court reporter greatly curtails judicial bias and bad behavior from lawyers. With that, you have a better chance of getting a fair hearing. To learn more about the effect of court reporters on judges and lawyers see, A Court Reporter Stops All Foolishness.
Paul Bergman is a Professor of Law at the UCLA School of Law and a recipient of two University Distinguished Teaching Awards. His books include Nolo’s Deposition Handbook (with Moore, Nolo); Reel Justice: The Courtroom Goes to the Movies (Andrews & McMeel); Trial Advocacy: Inferences, Arguments, Techniques (with Moore and Binder, West Publishing Co.); Trial Advocacy in a Nutshell (West Publishing Co.); Represent Yourself in Court: How to Prepare & Try a Winning Case (with Berman, Nolo); Depositions in a Nutshell (with Moore, Binder, and Light, West Publishing); Lawyers as Counselors: A Client-Centered Approach (with Binder, Tremblay, and Weinstein, West Publishing); and Cracking the Case Method (Vandeplas Publishing). He has also published numerous articles in law journals.

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Does Courtroom5 apply to Ilinois ? I’m trying to accept the Judges recommendation fir division of property in a divorce case and avoid trial but my lawyer is trying to go to trial to Tim up the fees … I know I can dismiss lawyer but how do I tell the judge that I want to accept her recommendation for division of property ? Do I 1st file pro se and attach a motion to it simply telling the judge this ? My lawyer is telling me that the judge may not let me out of the case, etc. to discourage me. I need this case to close. No children are involved and this case resulted from a Bifurcated Divorce. I need to get some advice as soon as possible and feel confident about filing the documents. Trial is set for June 2019.
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
I am a member iPod this website and a Pro Se litigant. I do not feel pitted against opposing counsel at all. I have four attorneys representing defendants in my suit. I can clearly see those ethically defending their clients to the best of their ability and I also see two of them reverting to sneaky tricks, underestimating me as a Pro Se litigant and not following the law. The articles on this site that you seem to think are misguiding people are very helpful in understanding the behavior of those, less ethical, of your colleagues than you may be! This is a resource for people with sixth amendment rights. If you would like to represent me, pro bono, in my multi million dollar defamation suit, please contact me!
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On November 2, 2018 the United States Supreme Court denied the Trump administration’s application for stay. On November 5, the Department of Justice filed a motion for stay with the U.S. District Court for the District of Oregon and hours later filed an application for stay and another petition for a writ of mandamus with the Ninth Circuit Court of Appeals. On November 8, a panel of the Ninth Circuit Court of Appeals granted, in part, the Trump administration’s motion for a temporary stay of District Court proceedings. The Court only placed a stay on trial, so trial preparations continue. During a status conference between U.S. District Court Judge Ann Aiken and the parties in Juliana v. United States, Judge Aiken indicated she would promptly issue a trial date once the Ninth Circuit lifts the temporary stay it placed on trial.
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The news provides the first instance of individual telco customers pushing to be awarded damages after Motherboard revealed in January that AT&T, T-Mobile, and Sprint had all sold access to the real-time location of their customers’ phones to a network of middlemen companies, before ending up in the hands of bounty hunters. Motherboard previously paid a source $300 to successfully geolocate a T-Mobile phone through this supply chain of data.

However, before such a petition can be filed in the federal court, the petitioner must pursue and exhaust all available state law remedies. This means that if you want to challenge a conviction or a sentence, you must pursue your right of appeal under Idaho law. This may be accomplished in two ways: (1) the direct right of appeal to the Idaho Supreme Court, or (2) by filing a petition for post-conviction relief in the state district court followed by an appeal to the Idaho Supreme Court. Only after you have fully pursued the available state law remedies will you be eligible to pursue a federal petition for writ of habeas corpus.


For instance, they argue the State Department failed to give Congress 30-days’ notice of the proposed changes to the arms export regulations, as required by law. They also argue that the changes did not have the requisite approval of the secretary of defense. Finally, the states argue that federal law gives the president authority over arms exports — and that President Trump disagrees with the State Department’s actions. Trump tweeted on July 31 that it “doesn’t seem to make much sense!”

Against this background, it doesn’t normally make sense to interpret your adversary’s offer to “talk settlement” as a sign of weakness. Nor should you be reluctant to be the one to suggest a negotiated settlement. In fact, judges, arbitrators, and mediators routinely urge adversaries to explore settlement even if previous attempts have failed. It’s a wise person who never closes the door to a reasonable settlement.

There is virtually no way this guy decided to give it all up at the 11:59th hour for nothing in return. He’d never be able to afford to pay off his attorney, and his attorney wouldn’t take a case that wasn’t collectible this far. We will never known for sure — that’s the nature of confidential settlements — but it’s likely that an attorney and his client got paid VERY well this weekend.
4. Objections: During the examination of a witness, one side may “object” to the questioning or testimony of a witness or presentation of evidence if the attorney feels the testimony or evidence about to be given should be excluded. If the objection is sustained by the judge, that particular testimony or evidence is excluded. If the objection is overruled by the judge, the testimony or evidence may be given. A ruling on an objection may be the basis for appeal; however, in order to preserve the right to appeal, a party must ask the court recorder that that portion of the trial--the question/evidence, the objection, and the ruling-- be transcribed in order to preserve the record for later appeal.
The LII Supreme Court Bulletin is LII's free Supreme Court email-based subscriber and web-based publication service.[17] The Bulletin provides subscribers with two distinct services.[18] The first is a notification service. LII Bulletin emails subscribers with timely notification of when the US Supreme Court has handed down a decision.[19] It also provides subscribers links to the full opinions of those cases on the LII site.[19]

The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online at law.cornell.edu. The organization is a pioneer in the delivery of legal information online.[2] Founded in 1992 by Peter Martin and Tom Bruce,[3][4] LII was the first law site developed on the internet.[2] LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules,[5] and a variety of other American primary law materials.[6] LII also provides access to other national and international sources, such as treaties and United Nations materials.[7] According to its website, the LII serves over 30 million unique visitors per year.[8]
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Nor do you need to be intimidated by the difficulty of the law or legal reasoning. Your trial will probably be concerned with facts, not abstract legal issues. For the most part, you can look up the law you need to know. (See Chapter 23 for information on how to do this.) Legal reasoning is not so different from everyday rational thinking. Forget the silly notion that you have to act or sound like an experienced lawyer to be successful in court. Both lawyers and nonlawyers with extremely varied personal styles can succeed in court. The advice to “be yourself” is as appropriate inside the courtroom as outside.

When Motherboard reported in January that AT&T, T-Mobile, and Sprint had sold their customer data to companies that ultimately provided it to bounty hunters and other people unauthorized to handle it, each telco said they were stopping the sale of phone location data to third-parties altogether. AT&T and T-Mobile previously told Motherboard they have already done so, and Sprint said it plans to by the end of May. Verizon made its own commitment after the 2018 Securus scandal.


The attorney will do his or her best to either answer your question or point you in the direction you need to go to get an answer (e.g., retain an attorney or give you the number of an agency that may help). Legal issues come in all shapes and sizes, and LegalLine is intended only to provide assistance to common or general legal questions. If your matter concerns complex matters or facts, you may need to talk to a lawyer in person.
Understanding the procedures and techniques described here will help you present a persuasive, legally proper case whether you are a plaintiff (meaning that you have filed a lawsuit yourself) or a defendant (meaning that you have been sued). Illustrated with sample forms, pleadings, and courtroom dialogues, the book will take you through the litigation process step by step, from deciding whether you have a valid legal claim or defense to preparing an appeal if you lose.

San Francisco, CA The settlement in O’Connor v. Uber, if approved, will end a 6-year class action California labor lawsuit over worker misclassification. The affected drivers will receive approximately 37 cents per mile driven for Uber. Significantly, however, Uber has not agreed to re-classify drivers as employees for benefit, minimum wage and overtime protections under California labor law. The settlement occurs as Uber moves toward an initial public offering that could value the company at $100 billion.
Finally, the book devotes separate chapters to two types of specialized court proceedings. Chapter 21 provides information about hearings in divorce and related family law matters, such as spousal abuse, child custody, child support, and spousal support. Chapter 22 provides information for debtors and creditors about contested hearings that often occur in bankruptcy cases.
Kessler had alleged that the Duffer brothers stole his idea for the series after the trio got to talking at a reception for a 2014 screening of “Honeymoon” at the Tribeca Film Festival. Kessler said he pitched the brothers an idea for a project based on urban legends about a decommissioned military installation in Montauk, New York. He said he was stunned a year later when Netflix announced the Duffer brothers’ show, which contained similar themes and was originally titled “Montauk.”

Remember, in Chapter II we discussed the five required elements of a lawsuit. Before filing a case in a federal court, you must decide if the court has jurisdiction. Jurisdiction is the authority given a court to hear and decide certain cases. The United States Supreme Court is given its authority by Article III of the United States Constitution. There may be instances when the United States Supreme Court might review a judgment rendered by a state court, but those instances are rare, occurring only when there has been a final judgment or decree of the highest court of the state in which a decision could be had involving a substantial federal question. Normally, the United States Supreme Court reviews judgments rendered by the United States Courts of Appeals, of which there are thirteen federal judicial circuits. The United States Supreme Court has original jurisdiction over matters involving treason and presidential impeachment.


Over 90% of all lawsuits are resolved without a trial. If you and your adversary can arrive at a fair resolution without going to trial, you can save yourself time and money. By showing you how to prove and disprove legal claims, this book can help you arrive at a fair resolution of your dispute using settlement procedures. For a complete discussion of settlement, see Chapter 6.

If you make a big purchase and later decide you to return the item, what can you do if the store refuses to refund your money? You can file a lawsuit and proceed with litigation, but the process can be costly and time-consuming. The law provides several other methods to resolve disputes and all offer unique advantages. A lawyer who specializes in disputes reviews your paperwork and tells you what method will best serve your needs and budget.
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