Indicated Legal Action
When filing a claim in court for an appeal against another party (the “Claim”), the claim is generally based on allegations of misconduct caused by one or more parties (the “Defendants”) that caused harm to the aggrieved party (“the Plaintiff”). The colloquial term for filing such a lawsuit is “filing a lawsuit” or “bringing a lawsuit.” The vast majority of these claims allege unlawful activity based on negligence or willful misconduct (an act known as “tort” discussed in a separate section) or breach of a written or oral agreement between the parties (“breach of contract”). A contract is a binding obligation between two or more persons based on a mutual agreement (“agreement”) between the parties. If one of the parties fails to comply with the obligations arising from the contract, this is called breach of contract. Such agreements may be entered into orally or in writing and may even be “implied” by the court in certain circumstances discussed later in this article. This article explains the normal requirements for creating and performing a binding contract in California. This website contains more detailed articles that deal with specific types of contractual situations that the reader may wish to visit after reading this basic article. See commercial contracts; Promissory note; contracts for the drafting of wills; Real estate and transactions and rentals in the San Francisco and Bay Area communities. Legal proceedings to enforce the payment of a debt by the sale of immovable property over which the creditor has a lien. The right as set out in previous court decisions.
Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. A collective term that refers to all of a person`s property, including real and personal property and other legal rights. A request by a creditor to give the creditor the creditor`s opportunity to bring an action against the debtor or its assets, which would otherwise be prohibited by the automatic stay. The act or practice of lending money at an exorbitant or illegal interest rate. Action based on private harm, as opposed to a crime, or to enforce rights through remedies, private or non-criminal.
All legal proceedings that are not criminal acts are civil actions. A person who requests in writing that the court take a specific action. Injunction – Prohibits a person from engaging in any act that is likely to cause irreparable harm. This differs from an injunction in that it can be issued immediately, without notifying the opposing party and without being heard. It should last only until the oral proceedings can take place. An immediate order, upon application and for the reason set out above, prohibiting a particular act of another party to a dispute. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. A legal action or proceeding against the person based on personal liability.
Consent of the respondent to cease activities deemed illegal by the government. Also a decree in a case of equity, registered by agreement of both parties. An order made by a court that orders a person to do a particular thing (mandatory injunction) or to prohibit certain actions (injunction). The person on whom an attachment is served is usually a debtor of the defendant in the claim. An application to a court or judge for a rule or order ordering action in favour of the plaintiff. Usually as part of an existing action and usually with termination. Claims made without notice are called ex parte applications. A civil or criminal action, suit or litigation. Often used as a synonym for “case”.
An action that prevents the subsequent filing of an identical action. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. A remedy based on a system of equity, natural law or justice, as opposed to common law remedies. The Department of Child and Family Services (DCFS) handles reports of child abuse and neglect. If you have been “reported” for child abuse or neglect, it means that DCFS believes there is good evidence that a child has been abused.
