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FAQs sv court
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I’m being sued and I’m representing myself in court. How do I fill out the form called “answer to complaint”?
You can represent yourself. Each form is different per state or county but generally an answer is simply a written document which presents a synopsis of your story to the court. The answer is not your defense, just written notice to the court that you intend to contest the suit. The blank forms are available at the court clerk’s office and are pretty much self explanatoryThere will be a space calling for the signature of an attorney. You should sign your name on the space and write the words “Pro se” after your signature. This lets the court know you are acting as your own attorney.
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Why did the US Supreme Court decline to hear a case on the right of concealed carry out of California, James Rothery v. Lou Blanas?
My suspicion is that the U.S. Supreme Court agreed with the lower court’s decision that FRCP 12(b)(6) applied.“Failure to State a Claim for which Relief can be Granted”If you read the actual writ of certiorari, which is available at a number of sites, including the following one:ROTHERY v. BLANASYou’ll see that the claimed cause of action is a RICO violation based on a failure to issue a CCW (Concealed Carry Weapon) permit, with a further allegation that the failure to issue was a result of a conspiracy involving local election fraud and corruption, not under federal jurisdiction.Specifically, one of the claims alleged was:Plaintiffs alleged they were denied CCW permits by the Sacramento County Sheriff's Department because they had not contributed to the Sheriff's election campaign, and that if they had contributed to the campaign, they would have been granted CCW permits.This is a matter solely for state jurisdiction, as election of count officials is based on elections managed by the Secretary of State for the state in which the elections are held.The federal government has no jurisdiction in local election disputes not rising to the level of a violation of federal law.While this was also alleged:Plaintiffs also claimed that County Defendants were involved in RICO activities which affected their rights.That’s really a separate motion, and needed to be adjudicated separately.The Supreme Court is unlikely to hear questions unless they turn on a single Constitutional turning point, and they are unlikely to hear matters of law, unless they regard matters of Constitutional interpretation of the law in question.FRCP 12(b)(6) is often used to turn down such cases in lower courts, and that turn-down is usually upheld.The problem in this specific case is that it is not fully “baked”.Specifically, all of the other matters at law really needed to be adjudicated in other courts, leaving on the constitutional issue.This was not done, and therefore, the case, as presented, was not a matter of Constitutional Interpretation of either the cause of action, or of a law under which the cause of action was being presented, and whose Constitutionality was therefore being brought into question.This case, on the face of it, has some merit, although the RICO motion substantially muddies the water, and seems like a “Hail Mary” to keep the case alive locally.This case could be petitioned again, should the other matters of law be adjudicated, and it still not fall in the plaintiffs favor.More “baking” is required, in other words.As it stands, the case is, at best, “half baked”.Personally, I would not have granted the petition, either, and I would have expected it to be turned around at the level of a Supreme Court clerk, before even rising to the attention of a justice.That’s typically how these things are handled.
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For a case in the United States court of appeals, how are the three judges selected out of all the court's current judges to hear the case?
It's not always a panel of three judges. The U.S. Courts of Appeals can also hear and decide an appeal en banc or per curiam. It depends on the procedures of the particular court, but since appeals are generally as of right than entirely permissive as with the Supreme Court, and their subject-matter jurisdiction is wider in terms of the courts and tribunals below that are the sources of appeals, their caseload is greater, and so the caseload must be apportioned appropriately.Page on fjc.gov - A Primer on the Jurisdiction of the U.S. Courts of Appeals
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After filling the form of court marriage, is there any notice or information that will be sent to our home or somewhere else? Can anybody know about our marriage?
I can only speak for Arizona, but here, the person conducting the marriage files the marriage certificate with the county's records department and once filed it is sent to the couple. Your marriage becomes part of the public record and here anyone can search online for it. I would ask why it is so important to keep this a secret? There is a lot of questions about this that should be a priority before you actually go through with this marriage.
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If you suspect that a wealthy individual is filing for bankruptcy and hiding assets to attempt to get out of paying you damages ordered by the California court, how can you get the court to investigate this further?
Prior to a lawsuit, most plaintiff litigation lawyers always file motions against such person(s) before a judge expressing concerns of the defendant actually hiding assets and declaring bankruptcy. Most judges dismiss the motions as frivolousIf after a verdict the defendant is about to transfer assets overseas, the plaintiff has to bring up such actions before a judge and get orders to cease the transfer. Practically so the Plaintiff has little else options, but the litigators are canny enough to prevent this to a certain extent.
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What forms do I need to fill out to sue a police officer for civil rights violations? Where do I collect these forms, which court do I submit them to, and how do I actually submit those forms? If relevant, the state is Virginia.
What is relevant, is that you need a lawyer to do this successfully. Civil rights is an area of law that for practical purposes cannot be understood without training. The police officer will have several experts defending if you sue. Unless you have a lawyer you will be out of luck. If you post details on line, the LEO's lawyers will be able to use this for their purpose. You need a lawyer who knows civil rights in your jurisdiction.Don't try this by yourself.Get a lawyer. Most of the time initial consultations are free.
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How can I have the court grant me an emergency hearing? I am moving out of state as a custodial parent in a high-conflict divorce (moving to a state where my spouse lives).
Courts everywhere are slow, They want both parents in the children’s life and depending on age and circumstances move aways are often a long and drawn out process. Having an attorney that will give you good advise and working with a good divorce/custody coach is also advised. In the mean time it is important to stay positive and keep getting on with your life where you are so you don’t continue to stay stuck and deplete your resources.The link below may help give you some perspective.Good luck and if you want to talk a bit more you can signNow outThe High Conflict Co-Parenting Podcast: HCCP Episode 003-Taking 100% responsibility
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How common is it for a plaintiff to win a partial Lanham legal claim of false advertising but not the original trademark infringement? CA federal court recently granted partial summary judgment for In-N-Out Burger v. Smashburger.
As I read it, they’re totally separate and independent claims. First, whether Smashburger Doubles have twice the beef of Smashburger Singles. Second and unrelated, whether Smashburger’s “double the beef” would be confused with In-N-Out’s “double the beef.” The court ruled the first was false, nor even worth a trial by jury (which type of rulings they do in California), but that doesn’t involve In-N-Out or influence or be influenced by whether the two phrases would be confused by customers. The second is a separate claim and has not been addressed.
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