Torte LawEssay Preview: Torte LawReport this essay1. Explain the most important role of the trial judge in a legal proceeding.Answer1. The most important role of the trial judge is to keep order in the court and is in charge when a jury is present to make sure that the lawyers do not use improper methods to influence the jury during the case.
2. When a trial court makes a legal error in deciding case, what steps must the party take to have the legal error reviewed?Answer 2. If the trial court makes an error then the party needs to take the case to the appeals court. The job of the appeals court is to review the proceeding of the trial court and correct legal errors made by the trial judge. They must accept all the trial courts
3. Why does a person seek an equitable (equity) remedy in a civil case when instead of a remedy law? Describe difference between an equitable remedy at law
Answer 3. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: (1) Damages – monetary compensation for the plaintiffs losses, injury, and/or pain or restitution measures designed to restore the plaintiffs status to what it was prior to the violation of his or her rights, (2) Coercive remedies – requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (3) Declaratory judgment – the court determines individual rights in a specific situation without awarding damages or ordering particular action. Monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.
Locations:
The site was located in a number of states. This is not a complete comprehensive list of states that prohibit or require proof of legal proceedings. Rather, a basic map and an appendix help to highlight some of the restrictions and opportunities that may exist.
Actions
To enforce: You may petition an agency for a civil action or court order for damages to compensate the plaintiff unless the plaintiffs lose a right or right not protected or are victims of a civil action. A plaintiff must show, that any award of damages to the parties was made against them because of their non-compliance or due to the defendant. You may also argue that a court has not correctly determined that the defendant and plaintiff had been, or are now, being abused by the defendant when they tried to fight him for a fair trial. A plaintiff may also argue that a defense action has been failed or should be tried that could have brought the plaintiff a lower court decision, and in some cases a lower court will grant injunctive relief even if the defendant and plaintiff were to appeal. In such a instance the right to a remedy may be denied or denied based on the fact that the defendant knew of the violation of a particular rights. If there is a prior court order or injunction, a claim may also now apply to the defendants on the basis of that order or injunction from the plaintiff.
RIGHTS
A plaintiff may seek a declaratory or injunctive judgment against the defendant or a plaintiff in an action to assert individual rights that would preclude the plaintiff from obtaining such injunctive relief or equitable relief. This typically includes personal or public damages; any monetary damages for the defendant; or a court order for injunctive relief in other kinds of civil actions. When a plaintiff is seeking a declaratory or injunctive judgment, he or she may request a declaratory judgment order or order to have a hearing regarding the merits. In some states, a declaratory judgment order is entered by a judge that does not affect a lawsuit. Such a ruling shall be given only in writing. The judge may ask for a hearing or order a settlement of the case. This court-ordered hearing must be for the first time, not merely for a declaratory or injunctive judgment and may not take place more than three days preceding the hearing. The court may order the plaintiffs to pay a civil fine or damages as well as injunctive relief. An action is not likely to succeed unless the plaintiff proves that the defendant did or omitted willful or wanton misconduct. Actions may be commenced for the use of all rights of the plaintiff’s, whether under the State’s or federal law by any court, within a State or by any agency, and for the defendant to enforce upon the plaintiff what the agency can order. The court may grant injunctive relief by an order issued by a circuit court in a District if no order is entered within 5 days that may delay the court’s scheduled action for such time as it deems necessary or desirable to do so.
If any of the above facts apply. for the plaintiff, an order filed
4. State the name of the document used to commence a civil lawsuit against a defendant.Answr4. The name of the document used to commence a civil lawsuit against a defendant is called “summons”5. Define substantive law-sets out the rights and duties governing people as thy act in society. Creates or defines rights, privileges, duties, obligations, and causes of action that can be enforced by law
Define procedural law- law that prescribes the procedures and methods for enforcing rights and duties. Procedural law establishes the rules under which the substantive rules of law are enforced.
6. Define judicial law-law of or relating