“Law of Precedent”
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Collecting Money from a Small Claims Judgment
If the defendant is not present at the fies the defendant and his/her property. trial, the court will send a copy of the small claims judgment to the defendant. The • If you have the information described judgment will order the defendant to pay above, you can start the process for an you in full within 21 days or tell you and the order to seize property or for garnishment. court where s/he works and the location of his/her bank accounts. • If you don't have the information described above, you will need to order the 3. If the defendant doesn't pay the defendant to appear in court for questioning judgment as ordered, you will have to through a process called discovery. You can collect your money through a seizure of start this process by filing a discovery subpoena. property or a garnishment. Filing a Discovery Subpoena COLLECTING MONEY FROM A What Is Seizure of Property? You must wait 21 days after your small SMALL CLAIMS JUDGMENT Seizure of property is a court procedure claims judgment was signed before you can allowing a court officer to seize property file a discovery subpoena. Form MC 11, If you sued someone for money and belonging to the defendant which can be sold Subpoena (Order to Appear), can be used. received a judgment against that person, you to pay for your judgment. If you want to file a have the right to collect the money. request to seize property, you may use form Contact the court for an appearance date MC 19, Request and Order to Seize Property. -
Examples of Meritorious Summary Judgment Motions
Examples of meritorious summary judgment motions By: Douglas H. Wilkins and Daniel I. Small February 13, 2020 Our last two columns addressed the real problem of overuse of summary judgment. Underuse is vanishingly rare. Even rarer (perhaps non-existent) is the case in which underuse ends up making a difference in the long run. But there are lessons to be learned by identifying cases in which you really should move for summary judgment. It is important to provide a reference point for evaluating the wisdom of filing a summary judgment motion. Here are some non-exclusive examples of good summary judgment candidates. Unambiguous written document: Perhaps the most common subject matter for a successful summary judgment motion is the contracts case or collections matter in which the whole dispute turns upon the unambiguous terms of a written note, contract, lease, insurance policy, trust or other document. See, e.g. United States Trust Co. of New York v. Herriott, 10 Mass. App. Ct. 131 (1980). The courts have said, quite generally, that “interpretation of the meaning of a term in a contract” is a question of law for the court. EventMonitor, Inc. v. Leness, 473 Mass. 540, 549 (2016). That doesn’t mean all questions of contract interpretation — just the unambiguous language. When the language of a contract is ambiguous, it is for the fact-finder to ascertain and give effect to the intention of the parties. See Acushnet Company v. Beam, Inc., 92 Mass. App. Ct. 687, 697 (2018). Ambiguous contracts are therefore not fodder for summary judgment. Ironically, there may be some confusion about what “unambiguous” means. -
The Supreme Court and the New Equity
Vanderbilt Law Review Volume 68 | Issue 4 Article 1 5-2015 The uprS eme Court and the New Equity Samuel L. Bray Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Samuel L. Bray, The uS preme Court and the New Equity, 68 Vanderbilt Law Review 997 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol68/iss4/1 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 68 MAY 2015 NUMBER 4 ARTICLES The Supreme Court and the New Equity Samuel L. Bray* The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprisinghas happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has treated equitable remedies as having distinctive powers and limitations. This Article describes and begins to evaluate the Court's new equity cases. -
What Is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer
What is a Summary Judgment Motion? Notice for Parties Who Do Not Have a Lawyer A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial. Here are some important things to know. What is summary judgment? Summary judgment is a way for one party to win their case without a trial. The party can ask for summary judgment for part of the case or for the whole case. What happens if I ignore the motion? If you do not respond to the summary judgment motion, you can lose your case without the judge hearing from you. If you are the plaintiff or petitioner in the case, that means that your case can be dismissed. If you are the defendant or respondent, that means the plaintiff or petitioner can get everything they asked for in the complaint. How do I respond to a summary judgment motion? You can file a brief and tell the judge about the law and the facts that support your side of the case. A brief is not evidence and the facts that you write about in your brief need to be supported by evidence. You can file sworn affidavits, declarations, and other paperwork to support your case. An affidavit or declaration is a sworn statement of fact that is based on personal knowledge and is admissible as evidence. If you are a plaintiff or petitioner, you cannot win a summary judgment motion just by saying what is in your complaint. Instead, you need to give evidence such as affidavits or declarations. -
Plaintiff Must Prove Service on Motion to Vacate Default Judgment by Erin Louise Palmer , Litigation News Contributing Editor – May 12, 2015
Plaintiff Must Prove Service on Motion to Vacate Default Judgment By Erin Louise Palmer , Litigation News Contributing Editor – May 12, 2015 Service by certified mail is insufficient to satisfy the plaintiff’s burden in a motion to vacate a default judgment, according to the U.S. District Court for the Eastern District of Pennsylvania . In Myers v. Moore , the district court granted the defendants’ motion to vacate a default judgment of more than $1 million where the plaintiff failed to demonstrate that the defendants had actual knowledge of the lawsuit and where the plaintiff failed to establish that she properly served the complaint on defendants or their authorized agents. Observers question how a plaintiff would satisfy these evidentiary hurdles. Plaintiff Awarded $1 Million Default Judgment The lawsuit arises out of a stage-diving incident at a music venue in Philadelphia, Pennsylvania. During a performance, the lead singer of the band Fishbone, Angelo C. Moore, dove into the crowd and knocked over the plaintiff, causing her serious injuries. The plaintiff sued Moore, John Noorwood Fisher (Fishbone’s bass player), Fishbone, Fishbone’s manager, and other parties associated with the venue for negligence and civil conspiracy in producing the concert and failing to warn the audience that the concert would feature stage diving. The plaintiff also sued Moore, Fisher, and Fishbone for assault and battery. After the plaintiff reached settlements with some of the defendants, the court dismissed the plaintiff’s claims against the non-settling defendants, including Moore and Fisher. The plaintiff brought another action on February 3, 2012, against the non-settling defendants for negligence, civil conspiracy, and assault and battery. -
Texas Rules of Appellate Procedure
TEXAS RULES OF APPELLATE PROCEDURE Table of Contents SECTION ONE. (c) Where to File. GENERAL PROVISIONS (d) Order of the Court. Rule 1. Scope of Rules; Local Rules of Courts of Rule 5. Fees in Civil Cases Appeals Rule 6. Representation by Counsel 1.1. Scope. 6.1. Lead Counsel 1.2. Local Rules (a) For Appellant. (a) Promulgation. (b) For a Party Other Than Appellant. (b) Copies. (c) How to Designate. (c) Party's Noncompliance. 6.2. Appearance of Other Attorneys Rule 2. Suspension of Rules 6.3. To Whom Communications Sent Rule 3. Definitions; Uniform Terminology 6.4. Nonrepresentation Notice 3.1. Definitions (a) In General. (b) Appointed Counsel. 3.2. Uniform Terminology in Criminal Cases 6.5. Withdrawal (a) Contents of Motion. Rule 4. Time and Notice Provisions (b) Delivery to Party. (c) If Motion Granted. 4.1. Computing Time (d) Exception for Substitution of (a) In General. Counsel. (b) Clerk's Office Closed or Inaccessible. 6.6. Agreements of Parties or Counsel 4.2. No Notice of Trial Court’s Judgment Rule 7. Substituting Parties in Civil Case (a) Additional Time to File Documents. 7.1. Parties Who Are Not Public Officers (1) In general. (a) Death of a Party. (2) Exception for restricted appeal. (1) Civil Cases. (b) Procedure to Gain Additional Time. (2) Criminal Cases. (c) The Court’s Order. (b) Substitution for Other Reasons. 4.3. Periods Affected by Modified 7.2. Public Officers Judgment in Civil Case (a) Automatic Substitution of Officer. (a) During Plenary-Power Period. (b) Abatement. (b) After Plenary Power Expires. -
Equity in the American Courts and in the World Court: Does the End Justify the Means?
EQUITY IN THE AMERICAN COURTS AND IN THE WORLD COURT: DOES THE END JUSTIFY THE MEANS? I. INTRODUCTION Equity, as a legal concept, has enjoyed sustained acceptance by lawyers throughout history. It has been present in the law of ancient civilizations' and continues to exist in modem legal systems.2 But equity is no longer a concept confined exclusively to local or national adjudication. Today, equity shows itself to be a vital part of international law.' The International Court of Justice--"the most visible, and perhaps hegemonic, tribunal in the sphere of public international law" 4-has made a significant contribution to the delimitation,5 development of equity. Particularly in cases involving maritime 6 equity has frequently been applied by the Court to adjudicate disputes. Equity is prominent in national legal systems and has become increas- ingly important in international law. It is useful, perhaps essential, for the international lawyer to have a proper understanding of it. Yet the meaning of equity remains elusive. "A lawyer asked to define 'equity' will not have an easy time of it; the defimition of equity, let alone the term's application in the field of international law, is notoriously uncertain, though its use is rife."7 Through a comparative analysis, this note seeks to provide a more precise understanding of the legal concept of equity as it relates to two distinct systems oflaw: the American and the international. To compare the equity administered by the American courts with that administered by the World Court, this note 1. See sources cited infra notes 10, 22. -
Origin and Principles of Equity
chapter 9 Origin and Principles of Equity Historically equity emanated from the Crown assuming powers to remedy in- justice. In due course the grant of equitable relief was assigned to the Lord Chancellor who in turn set up courts endowed with jurisdiction to administer equity. By the Judicature Acts of 1873 and 1876 courts of equity became part of the structure of ordinary courts enhancing the role of equity in the administra- tion of justice. In fact one of the divisions of the High Court – the Chancery Division – primarily deals with cases referable to the principles of equity. As earlier indicated, equity incorporates pananthropic law. Secular law ad- dresses as a rule societal order conferring rights and imposing duties on mem- bers of society, a process that led to the formation and sequential application of the common law. With the development of the democratic system of gov- ernment and allocation of legislative powers to representatives of the people the common and statute law established a comprehensive code of rights, du- ties and governmental powers. Yet it is difficult, if not impossible, to address apriori all the needs of justice, many of which emerge in unforeseeable cir- cumstances. Equity is meant to fill the gaps enabling the court to do justice whenever existing rules make no provision for remedying what is perceived as unjust. In other words, equity is akin to natural law, that is to say, the law that befits justice. Hence acts contrary to justice are likely to be declared void but until so declared, the decision is heeded by law – Calvin v. -
Oklahoma Statutes Title 12. Civil Procedure
OKLAHOMA STATUTES TITLE 12. CIVIL PROCEDURE §12-1. Title of chapter...........................................................................................................................30 §12-2. Force of common law.................................................................................................................30 §12-3. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-4. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-5. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-6. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-7. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-8. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................30 §12-9. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.............................................................31 §12-10. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-11. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 §12-12. Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984...........................................................31 -
Admiralty Jurisdiction of High Court-Damage by British Ship To
[Vol. 95 RECENT CASES Admiralty-Jurisdiction of High Court-Damage by British Ship to Foreign Wharf-Action in rem was brought against the owners of a British vessel for damage done to a wharf in South Africa through negli- gent navigation of the vessel. Vessel owners contended High Court I had no jurisdiction. Held, the High Court has jurisdiction. The Tolten [1946] P. 135. Though the factual situation of trespass on foreign land has been before the High Court on the propriety of a common law action 2 (in which jurisdiction was denied), there has been no similar case raised on the possibility of an admiralty action.3 The British rule of maritime jurisdic- tion is that the High Court shall have jurisdiction in any claim for damages by a ship,4 and this is directly opposed to the common law doctrine ex- pressed in the Mocacmbique5 case. This case, however, involved an in- vasion of land rights in which the owner was ejected from his property and sued in personam to recover for the trespass. Even if the application of the Mocambique case would bar a suit in personam, the very nature of admiralty law is so different from that of the common law that it would be incompatible with the general law of the sea and English admiralty statutes to bar an action in rem in the instant case. The American courts have reached the opposite conclusion, but for different reasons: since our maritime jurisdiction does not extend to damage by vessels to land struc- tures." This principle is well defined in the United States 7 and has been established by a long line of cases,8 all of which refuse to grant jurisdic- tion for damages to land structures, whether in the United States or abroad. -
Judicial Branch: the COURTS
Know Your Government Factsheet Series No. 5 of 8 Judicial Branch: THE COURTS his judicial branch includes all of the courts of law in Namibia, namely the “The Courts shall be independent and TSupreme Court, the High Court and the Lower Courts. These courts can decide subject only to this Constitution criminal cases (when someone has been arrested for committing a crime) and and the law.” civil cases (disputes between two individuals, such as a divorce or an argument about who should pay for a car accident). They also interpret the law by saying how to apply the law to everyday life. The courts also interpret and apply the Constitution. All the courts are independent. This means that they follow only the Constitution and the law. No one can tell the courts how to decide a case, not even someone from one of the other branches of the government. Supreme Court The highest court in Namibia is the Supreme Court, which is located in Windhoek. The head of this court is called the Chief Justice. At least three judges must work together to decide any case in the Supreme Court. A decision of the Supreme Court must be obeyed by all the other courts and by all people in Namibia. The Supreme Court can hear cases which are appeals from the High Court. An appeal is when one party to a court case is unhappy with the outcome and asks another higher court to say if the decision was really correct. It also has the JUDICIARY special duty of making final decisions on any questions about the Constitution. -
Republic of Trinidad and Tobago
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE Claim No. CV 2016-03339 IN THE MATTER OF THE ESTATE OF ANNETTELENA ELTINE CHARLES late of No. 12 Pearl Avenue, Battoo Lands, Marabella, in the City of San Fernando, Trinidad, who died on the 26th day of August, 2014. BETWEEN GEMMA ATTALE Claimant AND MICHELLE PAULINE RUSSELL LWISEH Defendant Before the Honourable Madame Justice Margaret Y Mohammed Dated this 25th September, 2018 APPEARANCES: Mr. Edwin K. Roopnarine instructed by Ms. Candice Deen Attorneys at law for the Claimant. Mr. Mark Seepersad Attorney at law for the Defendant. JUDGMENT 1. The Claimant was the only child of Annettelena Eltine Charles (“the Deceased”) who passed away at the age of 98 years on the 26th August 2014. At the time of the Deceased’s passing there were two Wills purportedly made by the Deceased. A Will dated the 5th January 1972 (“the 1972 Will”) where the Deceased left the bulk of her estate to the Claimant, her only child and a Will dated the 12th August 2014 (“the 2014 Will”) where the Deceased purportedly left her entire estate which consisted of a house and land situated Page 1 of 37 at Battoo Lands, Marabella (“the Marabella property”) to the Defendant and her two children, persons whom she first met on a bus in 2011. The Defendant applied for a Grant of Probate of the 2014 Will in August 2015 and the Claimant filed a caveat in March 2016 indicating that she has an interest in the Deceased’s estate. In the instant action, the Claimant seeks to have the 2014 Will set aside, and for the Court to propound the 1972 Will in solemn form.