Table of Contents
How many times can you sue someone for the same thing?
It is not legal to sue the same person multiple times over the same cause or issue. Double jeopardy is abhorrent to the best principle of law and justice. However, there is no impediment in suing the same person multiple times, if the causes or the reasons are different and independent of each other.
Can you sue someone for wrongfully suing you?
First and foremost, it is important to understand that one cannot sue somebody for suing them. This is a common mistake made by angry litigants who represent themselves. One must have a valid legal theory when suing another party, and simply being angry over a lawsuit does not qualify.
How does a judge decide who is liable in a lawsuit?
In a civil trial, a judge or jury examines the evidence to decide whether, by a “preponderance of the evidence,” the defendant should be held legally responsible for the damages alleged by the plaintiff.
How do you prove a lawsuit is frivolous?
Typically, courts find that a claim or defense is frivolous when it conflicts with a judicially noticeable fact or is logically impossible. The Supreme Court has weighed in on defining a frivolous lawsuit as well. In Denton v. Hernandez, the Court said that a frivolous claim is one that is meritless or irrational.
What is considered a frivolous lawsuit?
A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition. A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989).
How many times will a process server try to serve you?
Generally, process servers make at least three attempts to serve somebody. These attempts are normally made at different times of day and on different days to maximize our chance of serving the papers.
What are the three most common types of civil cases?
These are some of the most common types of cases to appear in civil court.
- Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations.
- Property Disputes.
- Torts.
- Class Action Cases.
- Complaints Against the City.