Court

Question: How do you know if the defendant's counterclaim has actually been filed? I am currently in the process of taking my previous landlord to small claims for their bad faith retention of my security deposit. Today via regular mail I rec'd their Defendant's Claim and Order to Go to Small Claims Court. I know they have the right to counterclaim, but I think these documents have been sent to me to scare me to drop the case. In the area where the court clerk stamps date here when the form is filed is blank. I plan on calling the court on Monday to discuss but wanted to get the community's opinion of this. Based on my research before filing my claim there are guidelines one must follow to properly serve the claim. My question is I believe the defendant sent these forms as a scare tactic for me to drop my claim. I have met with a lawyer as well as CA Consumer Board who have all verified I have a very strong case to win.

Answer: You are right, they are most likely trying to scare you. Most smart landlords would just try to settle out of court. Now they are going to pay for a lawyer, take time to go to multiple court appearances, and they might lose anyways?? Contact the court secretary if you have any questions. And if you believe you are right and have evidence to prove so, then don't drop the case, you would be silly to do that.

Question: What are interesting court cases where students take their school to court? Can anybody tell me some recent (within this decade) of interesting court cases, where the student(s) take their school to court dealing with the 1st amendment? Thanks!

Answer: I can't think of any off hand because the 1st Amendment stuff and the schools is such settled law and it was all settled more than a decade ago. The only 1st amendment cases dealing with schools that I can think that might have happened in the last 10 years would be religion cases and I don't think that is what you are looking for.

Question: What supreme court cases are involved with the 24th amendment? Harper vs. Virginia Board of Elections seems to be the biggest one, but I need one more, and google does not seem to be helping. Must be supreme court, not a district court.

Answer: Well, you might look at Breedlove v. Suttles (1937) as one which precipitated it.

Question: Can the court garnish my disability check to satisfy a debt judgment? This is a follow-up question to the one that I asked a few minutes ago. One person says that the court can garnish my check and another says that they cannot. What is the law and where can I get a definitive answer? My check is only $700/month and is not enough for me to live on as it is. How could the court take some of it away?

Answer: I found this question answered by a lawyer online. The lawyer offers advice. http://www.dearesq.com/can-disability-check-be-garnished/ Social Security and Garnishment: Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation. Section 207 of the Social Security Act provides: "The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law." However, section 6331 of the Internal Revenue Code of 1954 (26 U.S.C. 6331) which was enacted into law on August 16, 1954, after the enactment of section 207, gives the Secretary of the Treasury the right to levy or seize for collection of delinquent Federal taxes, property, rights to property, whether real or personal, tangible, or intangible and the right to make successive levies and seizures until the amount due, together with all expenses, is fully paid. References: SSR 79-4: SECTIONS 207, 452(b), 459 and 462(f) (42 U.S.C. 407, 652(b), 659 and 662(f)) LEVY AND GARNISHMENT OF BENEFITS 20 CFR 404.970 SSR 79-4 http://www.ssa.gov/OP_Home/rulings/oasi/41/SSR79-04-oasi-41.html

Question: What is the average court reporting salary in Texas? What schools or classes are required for a license? I have so many questions about this. I hear that court reporters in California can make up to $100,000, but what is the average income of court reporters in Texas, specifically Houston and surrounding areas? What is the starting salary and the average maximum? How much experience is needed to make the maximum? How demanding is this job as far as work hours? And lastly, what schools or classes are needed to become licensed? I've been researching the income and usually end up with mixed results anywhere from $40,000 to $80,000. There is a pretty big gap there. I currently make around $40K/year, but $80K is ideal. I don't know how big of a demand there is for court reporters in Texas, but it seems like something I'd enjoy doing, although living on a nice income is my main concern. Any advice or personal experience is appreciated.

Answer: Court reporters had median annual earnings of $42,920 in May 2004. The middle 50 percent earned between $30,680 and $60,760. The lowest paid 10 percent earned less than $23,690, and the highest paid 10 percent earned more than $80,300. Median annual earnings in May 2004 were $41,070 for court reporters working in local government. Both compensation and compensation methods for court reporters vary with the type of reporting job, the experience of the individual reporter, the level of certification achieved, and the region of the country. Official court reporters earn a salary and a per-page fee for transcripts. Many salaried court reporters supplement their income by doing freelance work. Freelance court reporters are paid per job and receive a per-page fee for transcripts. CART providers are paid by the hour. Stenocaptioners receive a salary and benefits if they work as employees of a captioning company; stenocaptioners working as independent contractors are paid by the hour. That being said, it depends on the sector of government for which you work. Education can be obtained through a number of on-line schools. There are also community colleges that offer a certificate program for court reporting. To earn the maximum salary, typically 8 - 10 years experience or more is needed. The amount of training required to become a court reporter varies with the type of reporting chosen. It usually takes less than a year to become a voice writer, while electronic reporters and transcribers learn their skills on the job. In contrast, the average length of time it takes to become a stenotypist is 33 months. Training is offered by about 160 postsecondary vocational and technical schools and colleges. The National Court Reporters Association (NCRA) has approved about 70 programs, all of which offer courses in stenotype computer-aided transcription and real-time reporting. NCRA-approved programs require students to capture a minimum of 225 words per minute, a requirement for Federal Government employment as well.

Question: How did the Judicial court help end the Salem Witch Trials? And what is the Judicial court? I don't really understand clearly on how the Judicial court help salem. I know it ended it somehow. I also don't know what the Judicial court is. Do they decide stuff?

Answer: You are referring, of course, to the 'Supreme Judicial Court' of Massachusetts, which was formed in November 1692, though it was then called the "Superior Court of Judicature". (The name, but not the basic function, was changed by the Massachusetts State Constitution of 1780, which went into effect in 1782.) The timing of the formation of this court and its connection with the Salem Witch Trials is almost an accident of history. James II had suspended the colony's charter in 1684 (for failure to pay duties under the Navigation Acts). After he was deposed in the Glorious Revolution of 1689 an effort was made to obtain a NEW charter. One finally went into effect in May 1692 -- new Governor William Phipps and prominent clergyman Increase Mather, who had worked to gain it, brought it to Boston at the time. The new charter meant government institutions would now need to be set up -- some new, some like the old ones. One of the FIRST orders of business turned out to be setting up SOME sort of court to try to witch cases, because even the jails of Boston were starting to be filled with the accused -- quite a surprise for Phipps. The first court he set up specifically to try these cases -- a "Court of Oyer and Terminer" -- met from June to October, and ended up executing 20 convicted of witchcraft. But during the summer doubts and opposition grew, and several influential leaders (esp. Richard Brattle and Increase Mather) wrote and counseled Phipps to stop the trials, at least in the form they were following, which included a large role for dubious "spectral evidence". He suspended the court, but needed to decide what to do the accused (indicted) who had not been tried. At this point the decision to continue the building of the judiciary (court system), including the setting up of a special court for particularly serious cases and for appeals. This was named the Superior Court of Judicature. Though the Chief Justice of this court, William Stoughton (also the Deputy Governor), was one who had sat on the earlier Court of Oyer and Terminer, others who had seemed too quick to convict (such as Hathorne) were not included. ALSO, this court was specifically instructed NOT to consider "spectral evidence" -- the sort that had been the key to nearly all the earlier convictions. (When the later cases were tried early in 1693 almost all were not convicted, or had their cases dismissed. Phipss pardoned the few convicted.... and the trials came to an end.) The following page provides a very helpful summary of the FUNCTIONS of this court, as well as its history http://www.mass.gov/courts/sjc/supreme-judicial-court.html If you wish to see a little about both this and EARLIER history of the Massachusetts judiciary, check the first four pages of this pdf: http://www.rootsweb.com/~mabarnst/hbch11.pdf

Question: What is the difference between municipal court and regular court? I was just charged with a whole slew of misdemeanors for underage drinking, disorderly conduct, etc. and my ticket says that I'm to appear in municipal court. I heard from someone that it is better and doesn't go on your record, and you only have to pay a fine, is that true? They said it's because it's through the city vs. the state. Is this true? What's the difference between this kind of court and regular court?

Answer: Your friend is filling you with false info. Municipal court is for offenses that break the law. It can give you a criminal record if found guilty. There is n0 "regular court". Civil court will not give you a record. There is also federal court and the Supreme court. You will be probably get a large fine , community service and probation.

Question: What exactly allows the court to set aside laws passed by the legislature and the President? What is it called when a supreme court agrees with the lower court ruling? What do you call a decision that sends a case back to the lower court? 10 points!!!!

Answer: The courts are (supposedly) bound by their jurisdiction's constitutions. Regardless of what lawmakers or voters say, if the state/US Supreme Courts deems that it violates the constitution, they will strike it down. To agree with the lower court is "Affirm," to send it back down for a re-hearing is "remand." The courts can either outright reverse a decision (no further hearings, the decision is simply reversed) or they can reverse and remand, meaning they disagree with at least part of the reasoning and order the lower court to re-hear it.

Question: What will court be like and what could the consequences be like for my situation? Im 18 years old and live in New York. I was arrested for petit larceny for taking $22 in goods from k-mart. The cops came and took me to the police station. They took fingerprints and photos and gave me a court date for jan. 8. This is my first offense. What can i expect in court and for the consequences of it? Do you have any advice for me such as if i need a lawyer, what to say, etc.? Anything will help.

Answer: If this is a first offence, especially, get an attorney! Many attorneys specialize in low level misdomeanor cases, and are inexpensive. Here's why you need an attorney. Larceny is theft. Many jobs will be instantly unavailable to you forever, if you are found guilty. Many states even consider the crime of writing a hot check theft. You will never be able to serve on a jury. You might like that idea, but citizen juries are our greatest protection against an unjust government. This crime will follow you until you die. Pay for an attorney, who could get you deferred adjudication, and eventual release from the charge. If you go to court alone, you will probably only have to pay a fine. Its the ramifications of that conviction that will really hurt you. Nothing stated here should be construed as legal advice. Get an Attorney! Get an Attorney! (Repeat 1000 times)

Question: How can the courts reject bringing Obama to court for his citizenship? How can the law determine which cases to take and not take? That doesn't seem fair. I am ready to support Obama when he becomes our President, especially now with these terrible economy times, but taking a person to court or not seem unfair.

Answer: They shouldn't be able to. The rule of law and the constitution are at stake here. We just weakened the constitution today and its a shame all these suits were thrown out on a technicality. How can they say the person bringing the suit wasn't harmed. Unbelievable. The lower courts delayed until after the election was over because they knew the supreme court would never hear the case if it effected a black candidate. If he were white, they would have heard the case. Blacks would burn every major city to the ground if this election was overturned and the supreme court knows this would be the case. That's the only reason they wouldn't hear the case. Sad !!!

Question: How many Supreme Court justices will President Obama have the opportunity to appoint? A. Obama will have the chance to appoint two in his first term and two more in his second term if he is reelected. B. Supreme Court justices serve lifetime appointments, so it is impossible to know in advance how many vacancies any one president will get to fill. C. Obama will be able to appoint a new justice for every member of the Court over the age of 65. D. Obama will be able to replace as many justices as he chooses.

Answer: "B" is the correct answer (do your homework, this stuff is actually kind of important). However Justice John Paul Stevens is like 90 years old and supposedly retiring, so it's safe to say Obama is on deck for at least one Supreme Court nomination in his first term. There were rumors that Bill Clinton was going to get picked but he personally denied them and recommended a younger person be nominated.

Question: How many Supreme court justices are conservative and how many are liberal? If the health care bill came to the Supreme court would it be ruled unconstitutional based on how many judges are conservative and how many judges are liberal? Because we all know that this countries court decisions, are not based on what the law says but rather on what Ideology you have. Just look at Bush v. Gore. O wait we can't.

Answer: 4 and 2/3s are conservatives, while 4 and 1/3 are liberal. I'm referring to the fact that Justice Kennedy is a crucial "swing vote," but that he usually swings rightward more often than leftward.

Question: Can a county court judgement stop you moving country? I have a friend who is planning to move to Australia next year but he has a debt he hasn't paid off and may be taken to court over it and would then get a county court judgement. He is already a citizen of Australia but living here in the UK. Would the CCJ stop him from moving to Australia? He has every intension of paying the debt off once he starts his new life in Australia, thanks in advance for your answers.

Answer: If he is a citizen of Australia they cannot stop him from going home. A county court judgement is a civil judgement and has no effect outside UK. I feel he should be honest with the debtor and make arrangements to pay off the debt bit by bit. Take no notice of the amateur advice you have been given ( most of it is spelt wrong anyway.)

Question: What was the first state to create a court of appeals? Which was the first state to create a court (below its supreme court) that decided only questions of law? i.e. not a trial court that also heard appeals from inferior courts?

Answer: Texas -1891 http://www.1stcoa.courts.state.tx.us/court/history.asp

Question: How can I write a realistic court scene? I'm writing a novel. In this novel I want to have a scene of a court case where the defendant is charged with domestic violence. I've been having a really hard time finding any court records or anything that would be useful in making this scene realistic. Is there some sort of "here is what happens in court" outline for writers? I am writer, not a lawyer, but I want the scene to be as realistic as possible. All I know I get from watching movies or episodes of Law and Order. Thank you!

Answer: The type of court case you describe sounds common enough. Courts are public places. Find out where in your locality such cases would be heard, and then go to the Court for a day or so and watch the cases in real life.

Question: What's the difference between county court and district court? I'm in Nebraska. Brother got called for jury duty for district court and we're trying to decide the difference between county and district courts.

Answer: county is local state govt. the county you live District is an area of the country, that may cross state borders

Question: How can I get out of going to court for a car accident that was my fault? I stopped at a stop sign and didn't see the other car coming, and I hit it. My citation says "failure to yield after stopping at a stop sign". I called the municipal court (this is in Georgia, by the way) and was told that I have to appear in court because I was in an accident. The thing is that going to court is extremely inconvenient for me since I live a few hours away from where the accident happened, and I know of plenty of times where an accident was settled out of court. How can I just pay a fine and get on with my life? I do have insurance, by the way.

Answer: Seems to me you have already done the logical thing and called the Clerk of the Court....and were given the answer that you cannot fail to appear without another legal problem.

Question: What does the Family Court expect in a submittal prior to the hearing for Ancillary Relief? My husband is being taken to family Court for Ancillary relief by his ex-wife. We have been requested by solicitors to draft a "Submittal" to the court prior to the hearing. Evidently both parties must do so, and exchange between themselves as well. Our solicitors gave us little instruction to the form and format of the submittal. Obviously the more they have to work on it, the higher our legal bills go. Questions we have concerning a submittal are: What is the Submittal expected to contain? Is there a specific format? Should it be a detailed document or a summary statement of pertinent facts? What is the normal length of a Submittal? Are there any specific examples to be found on the web? Thank you for responding. Update; Would The Great Escape let us know contact details to buy book and arrange shipment.

Answer: You dont have to fill that in just bung a substantial blank cheque in there... ; )

Question: How do i start school during a court process? Long story short I moved in with my aunt and I need to start school in a different school district. We're going through the court process for guardianship. The court date will most likely be in 2 months. Does this mean I have to be out of school for 2 months or is it possible that the court and school will work something out until everyone is finalized? PLEASE HELP! Will give best answer :)

Answer: Go enroll in School where you live. There should be no problem unless your parents are fighting the Guardianship or even your living with your Aunt. You don't say how old you are or the circumstances of your living arrangement. If your parents are fighting it and you are under 18 then you will have to abide with what they say until the court decides otherwise. At any rate You should not stay out of school. If the "Adults" can't work this out, then, neither should have Guardianship. All these decisions must be made with your best interest placed first. Proud Vet

Question: Why are some cases tried in federal court while others are tried in state court? Here's what I want to know. If a drug company sells a drug for say antiarthritic pain and it causes all these problems like death and major cardiovascular side effects, why would some of the cases be tried in state court and some be tried in federal court?

Answer: Federal Courts are for issues involving Federal Law. State Courts are for issues involving State Law.