Civil procedure

form part of the civil pre-trial procedure as it will speed up the procedure, as well as reduce the litigation fee. However, the formality of civil pre-trial procedure ensures that both parties have an equal opportunity to present their case. Mediation, on the other hand, encourages informality. Therefore, sometimes a weaker party…

INTRODUCTION Defendants’ Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) seek to dismiss Plaintiff’s complaint on the following grounds: failure to state a claim upon which relief can be granted for, negligence, vicarious liability, and punitive damages. All of these arguments lack support and should be immediately rejected. In respect to Defendant's…

Discovery Introduction Discovery is the pretrial process in a lawsuit whereby each party is given the opportunity to employ civil procedure in order to obtain evidence that it deems pertinent to its arguments in the case. Litigation is meant to be a fair process in which every party that is before the court is given the best possible chance to defend their arguments by the use of evidence. In civil law, discovery is employed to help even the ground during trial and to ensure that as much as…

in line with the Article 14 of the International Covenant on Civil and Political Rights (McLachlin, 2003). In practice, given the access to the operation of the court and the implementation of justice, the public is able to be informed and educated about how their civil rights, individual liberty, and social rightness could be ensured by the social justice system. Meanwhile, it could facilitate the fairness, accurateness and effectiveness of the judicial process since it provides an essential…

overwhelmed by bankruptcy law, which is why we’ll take the time to answer your questions and explain the procedures. We’re Here to Represent You We understand that facing harassment and the threat of losing assets and basic utilities is stressful. We’ll examine your financial concerns and explore…

Case Citation: SWATCH AG v. Beehive Wholesale, LLC, 739 F. 3d 150 - Court of Appeals, 4th Circuit 2014 Background of case: Swatch was the appellant and Beehive Wholesale is the respondent. This case was being located in the Court of Appeals of the 4th Circuit located in Richmond, Virginia. The case was argued on October 30,2013 and was decided on January 7, 2014. This case is a civil case that Swatch AG filed to “seek cancelation for trademark infringement and federal…

Litigation is defined as a lawsuit. Hence, criminal litigation (or lawsuit/action) means taking legal action against a criminal claim or prosecuting a criminal case. Civil litigation means taking legal action against a non-criminal case, most likely to reimburse wrong doing by the means of money. Civil actions include products liability actions, personal injury suits, probate actions, environmental law, education law, and domestic relations. Most cases in the country are variations of civil…

As Tenants correctly note, a prevailing party is entitled to recover costs in any action. (Code Civ. Proc. § 1032, subd. (b).) Where provided by a fee-shifting contractual provision, attorney’s fees qualify as “costs” for that purpose. (Code Civ. Proc. § 1033.5, subd. (a)(10)(A); Civ. Code § 1717, subd. (a).) However, Code of Civil Procedure section 1033 (“Section 1033”), subdivision (b)(1), provides the trial court discretion to deny or limit a prevailing party’s costs where “the party could…

Case: - FutureSelect v. Tremont Group Holdings, Inc., 180 Wash.2d 954, 331 P.3d 29. (2014). This case takes place in the Supreme Court of Washington. This is a state court case. It is a civil case, appealed by the defendants, from the court of appeals decision. The Court of Appeals reversed the trial court’s decision. The Supreme Court affirmed the decision of the Court of Appeals. This case was decided in 2014. Issue: Did the Court of Appeals err in determining that plaintiffs may hold Tremont…

Also the court structure is different. In the present case, the facts show it's a business matter, thus, the authority is under New York state level for the commercial cases which called The Commercial Division court, while in the federal it called The Court of Appeal. Moreover, selecting judges and type of cases heard are different, too. In the federal court the judges are for life while in state they are appointed or elected. In the discovery devises side, the basic standards for discoverable…