What is the diff in a civil action an criminaial action ?
Civil action is where they sue you in court in an attempt to get money out of you. Criminal is where they turn the matter over to the police to seek criminal charges. No, a warrant won't just be issued. You will get letters from lawyers before a law suit. And the police will contact you or just come arrest you if they have enough evidence. My advice is to contact the company and work this out before either happens.
What is a civil action?
A lawsuit, in layman's terms.
I was wrongfully named in a civil action?
By 'wrongfully named' do you mean that someone else probably did those things, but they sent the papers to you by mistake? Or do you mean that you don't agree that what you did was actually those things? In either situation, if you have been served, you should get a lawyer to file a response. Failure to respond can be grounds for default. If you don't think you are the correct person being named, because someone else did the actions being identified, then have your lawyer tell that to the court. Odds are, if you are correct and you really weren't involved, the court will allow you to prove that fairly easily. Counter-suing (a cross-complaint is only between two defendants) if you are not actually involved will only drag out the legal action, and cost you lots of money. Further, ask your lawyer about the concept of judicial immunity and litigation privilege with regard to defamation. Basically, most states do not allow the person being sued to file defamation based only on the suit. The exception is called abuse of process, if the defendant first wins the suit on the merits and then is able to prove that the plaintiff filed the suit in bad faith, knowing that the accusation wasn't valid. Either way, its long expensive legal battle. If you were actually involved, but disagree with how the situation and your actions are being characterized, then also prepare yourself for a long drawn out legal battle. Or offer to settle.
During what phase of a civil action would a lawyer conduct a deposition?
During what phase of a civil action would a lawyer conduct a deposition? a.) Opening statements b.) Discovery c.) Plaintiff's evidence d.) Defendant's evidence
In the movie, A Civil Action, how were statistics and math used? did statistics affect the results of the case
to show the effect of contamination nope in the end they found the person that cleaned it up
What was the most memorable scene or character in A Civil Action. why?
I like this scene near the end of the movie: Kathy Bates played the second judge, i.e, the bankruptcy judge. We don't see her until the last 5 minutes of the movie. John Travolta (Jan Schlichtmann) is in her courtroom and here's how the dialog goes: Kathy Bates (the Bankruptcy Judge): Mr. Schlichtmann,? Mr. Schlichtmann? John Travolta: I'm sorry. Yes? Kathy Bates: The purpose of these questions is not to embarrass or humiliate you but, rather, to verify the information that you have declared as your assets. John Travolta: I understand. Kathy Bates: Because what you are asking your creditors to believe with this petition. Well...well, it's hard to believe... John Travolta (with a chuckle): I know. Kathy Bates: ...that after seventeen years of practicing law, all you have to show for it is $14 in a checking account and a portable radio? John Travolta: That's correct. Kathy Bates: Where did it all go? John Travolta: The money? Kathy Bates: The money, the property, the personal belongings? The things one acquires in one's life, Mr.Schlichtmann. The things by which one measures one's life? [Long, silent pause with the camera focused on Travolta] Kathy Bates (sighing): What happened? [Another long, non-verbal pause and then the screen fades to black] It was a rather sad but poignant moment in the film. John Travolta's character had lost just about EVERYTHING he owned, including his once-lucrative law practice with three other lawyers. At the peak of his career, he thought nothing of spending a $100 on a single tie, for example. But he had to face his dire financial situation and start over, and he did. It took him several years to get out of debt to all his creditors.
Who know what the theme is for the movie "A Civil Action" ?
Jan Schlichtmann, a tenacious lawyer, is addressed by a group of families. When investigating the seemingly non-profiting case, he finds it to be a major environmental issue that has a lot of impact potential. A leather production company could be responsible for several deadly cases of leukemia, but also is the main employer for the area. Schlichtmann and his three colleagues set out to have the company forced to decontaminate the affected areas, and of course to sue for a major sum of compensation. But the lawyers of the leather company's mother company are not easy to get to, and soon Schlichtmann and his friends find themselves in a battle of mere survival. In the end you learn that there are some battles worth fighting inspite of the cost. That is why in the end the lawyer is penniless and his files are given to the government to help them win a case he could not.