a lawyer who can deal with civil dispute that is between two states

Do I need a civil lawyer to settle a dispute?

Jun 11, 2018 · What Is a Civil Attorney? Civil attorneys are more popularly known as litigators. These professionals work primarily on civil lawsuits filed in civil courts but they may also participate in arbitration and mediation processes. These trials and processes may take place aren't always found in the courtroom. They may take place in:

Can the same action be tried both in civil and Criminal Court?

Civil Litigation. Civil litigation is a legal dispute between two or more parties that seeks money damages, specific performance of some duty or some declaration of rights rather than criminal sanctions. Our trial attorneys at BMAKG specialize in civil litigation and represent parties, both plaintiffs (those who seek a recovery) and defendants (those being sued), in trials, hearings, …

What happens in a civil case in the US?

Clause 1. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall …

What kind of cases do civil lawyers work on?

Correct option is D) The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if ...

Who handles disputes between states?

Disputes between States decided by the Judiciary. The Constitution, as implementation through the Judiciary Act, provides for the judicial settlement of State disputes, thus retaining Stste sovereignty without necessitating homogenity under a centralized government with blanket powers of legislation.

What court settles disputes between two states?

The judicial branch also settles disputes about the laws. justice A member of the supreme court of a state or of the United States.

What is the court role in disputes between states?

The Supreme Court also has "original jurisdiction" in a very small number of cases arising out of disputes between States or between a State and the Federal Government.

Where would a case between two states begin?

When two states have a controversy between each other, the case is filed for original jurisdiction of the Supreme Court of the United States.

Can states sue other states?

The Eleventh Amendment prevents federal courts from exercising jurisdiction over state defendants--the federal court will not even hear the case if a state is the defendant. A state may not be sued in federal court by its own citizen or a citizen of another state, unless the state consents to jurisdiction.

Does the Supreme Court handle disputes between states?

Under federal law, the Supreme Court's jurisdiction over state versus state legal conflicts is also considered to be "exclusive," meaning states can't go to another court to resolve their differences. These days, it's relatively rare that the Supreme Court takes up original jurisdiction cases.Sep 14, 2021

Who hears cases involving 2 states?

Federal courts hear cases involving the constitutionality of a law, cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases.

Who holds sovereign power in the United States?

the American peopleSovereignty is a simple idea: the United States is an independent nation, governed by the American people, that controls its own affairs. The American people adopted the Constitution and created the government. They elect their representatives and make their own laws.Dec 3, 2010

Where are disputes around state law taken?

Most criminal cases involve violations of state law and are tried in state court, but criminal cases involving federal laws can be tried only in federal court.

What is a complaint in a court case?

The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief. A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm.

How does the judge determine the facts of a trial?

By applying rules of evidence, the judge determines which information may be presented in the courtroom. So that witnesses speak from their own knowledge and do not change their story based on what they hear another witness say, they are kept out of the courtroom until they testify. A court reporter keeps a record of the trial proceedings, and a deputy clerk of court keeps a record of each person who testifies and any documents, photographs, or other items introduced into evidence.

What is the purpose of discovery?

The purpose of discovery is to prepare for trial by requiring the litigants to assemble their evidence and prepare to call witnesses . Each side also may file requests, or “motions,” with the court seeking rulings on the discovery of evidence, or on the procedures to be followed at trial.

What is alternative dispute resolution?

The courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, designed to produce a resolution of a dispute without the need for trial or other court proceedings. As a result, litigants often agree to a “settlement.”. Absent a settlement, the court will schedule a trial.

What happens if an objection is sustained?

If the objection is sustained, the witness does not answer the question, and the attorney must move on to his next question. The court reporter records the objections so that a court of appeals can review the arguments later if necessary.

What is a civil case?

Civil Cases. A federal civil case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fee is waived.

What happens after a jury trial?

In a jury trial, the judge will explain the law that is relevant to the case and the decisions the jury needs to make . The jury generally is asked to determine whether the defendant is responsible for harming the plaintiff in some way, and then to determine the amount of damages that the defendant will be required to pay. If the case is tried before a judge without a jury, known as a “bench” trial, the judge will decide these issues or order some kind of relief to the prevailing party. In a civil case, the plaintiff must convince the jury by a “preponderance of the evidence” (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.

What is civil court?

Civil court is a government institution that settles disputes between two or more entities, typically in the same courthouse that also tries criminal cases. Sometimes, the same action (such as assault) will be tried both in civil and criminal court. Civil court cases may involve any combination of private citizens, businesses, government institutions, or other parties. Typically, the function of a civil court is to determine liability of one party for the injuries, which do not necessarily need to be of a physical nature, that are suffered by another party. FindLaw's Civil Court Basics section includes articles about class action lawsuits, the role of courts in government, a glossary of terms used in courts, and other related information and resources.

What is the purpose of civil court?

Typically, the function of a civil court is to determine liability of one party for the injuries, which do not necessarily need to be of a physical nature, that are suffered by another party.

What is class action lawsuit?

A class action lawsuit is procedurally different from a typical civil court case, so it's important to contact a lawyer that is experienced in class action lawsuits. For example, there is a notice requirement in which potential class members must be notified of the class action lawsuit and have the option to opt in or out of the lawsuit. ...

What do you need to know about civil court?

Civil court cases can be complex. They not only require knowledge of the law but also knowledge of court rules and procedures. If you are interested in filing a lawsuit against someone, or a lawsuit has been filed against you, you may want to contact an experienced litigation attorney in your area.

Why do co-owners have disputes?

Disputes often arise between co-owners when they cannot agree on how to manage their property or when one co-owner pays more of the expenses than the other. To avoid a future legal battle, it’s a good idea to create a contract that spells out how to resolve future disputes, as well as each party’s rights and obligations.

What happens when you sell a house?

Whenever real estate is purchased, sold, or leased, there is a contract involved. Landlords agree to provide repairs and allow the tenant to use the property; tenants agree to pay their rent on time and follow the rules outlined in the lease; homebuyers agree to pay a specific price to the seller in exchange for rights to the property. If someone does not live up to their obligation, they may be found in breach of contract, and the other party can pursue damages for their losses.

What is real estate fraud?

Fraud can happen in any industry, including real estate. When a party to a negotiation falsely represents their property and causes another party injury, such as by withholding information about the state of the property, this is considered real estate fraud.

What is a dispute between neighbors?

Disputes often arise between neighbors when there is a disagreement about where the property line lies. Often, the property boundaries were never clearly registered, or a practical property line supersedes the legal line.

What is specific performance in real estate?

Specific performance property disputes can arise when a party to a real estate contract does not perform a material action outlined in the agreement. Unlike other types of breach of contract disputes, specific performance forces the party in breach to do what they promised rather than merely attempting to resolve the issue with money. Courts usually grant specific performance when the subject of the contract is unique or when the true amount of damage is unclear.

What to do if you have no will and no inheritance?

Ideally, the property will have been transferred with proof of inheritance such as a will, probate, letter of administration, or succession certificate. In situations where there is no will, you should make sure the property was distributed according to succession laws.

What is civil law?

To put it simply, civil law deals with disputes between one entity and another. The guidelines for these disputes are outlined in official documents like the Business and Professions Code, the Health and Safety Code and other governmental rules and regulations.

Who is Braden Perry?

How an attorney approaches a case can also vary greatly in the two different fields, according to Braden Perry, a former federal enforcement attorney. “The burden of proof, rules of evidence, litigation strategy and overall philosophy of a case is different between the two,” Perry explains.

Can civil and criminal cases be the same?

Civil law and criminal law in the same case. In some instances, both a civil suit and a criminal case can stem from the same incident. Likely the most prominent example of this scenario is the OJ Simpson case—his criminal charges were dismissed, but the family of the victim was able to successfully sue him in civil court.

What is an offense against the state?

It may sound literal—like someone assaulting a government official—but an offense against the state essentially means breaking a criminal law established by government. “In simple terms, the difference between civil and criminal laws lies in the codes and statutes used in the practice of each,” Odell says.

What is the difference between civil and criminal law?

In a criminal case, if the individual charged with a crime loses the case, they’re likely facing incarceration or some type of probation. For civil cases, the resolution to a case doesn’t result in the “losing” party going to jail. Often the judgement results in a financial penalty or an order to change behavior.

What is the burden of proof in civil cases?

For civil cases, the burden of proof is lower—usually based on the “ Preponderance of evidence ” or “ Clear and convincing ” standards. These different standards can seem a bit frustrating to those who aren’t familiar with them.

What is a community group?

Sometimes, a group of individuals lacking official title to land can form community organisations or trusts to advance a claim for the benefit of all. Organisations such as NGOs or conservation groups. Local and national government.

Do women have rights to land?

Women usually have fewer legally-recognised rights to land than men. Land disputes often involve discrimination against women, infringement of their rights and other gender issues. In many developing countries, it is women who work on the land and gather food and water from it.

What are some examples of indigenous peoples?

Yet, they may be denied rights of ownership or tenure under customs and customary law. Indigenous peoples, for example, India’s Adivasi, the ethnic and tribal groups considered the aboriginal population of India. Mobile communities, travellers or nomads. Forest peoples.

What is an insurance company?

Insurers. Those who have taken or bought produce from the land. For example, if land is seized illegally to grow palm oil, which is then sold to a foreign company, you may be able to claim against that company in its home country.

What can a court order do?

If you go to court and you are successful, the court may be able to do all or any of the following: Declare that you are owner of the land or that you are entitled to occupy, use, or enjoy the land. Quash or annul a law, permit, or decree legitimising a land “grab”.

How to file a complaint against a landlord?

Legal counsel can help with the following: 1 Investigating the incident (don’t wait for the resident to complain if you already have a source) 2 Sending the perpetrator a cease and desist notice 3 Holding a hearing before the board 4 Charging fines 5 Filing a lawsuit against the perpetrator

What is hostile environment harassment?

Hostile Environment Harassment: When a homeowner is subjected to unwelcome conduct so severe or pervasive it interferes with or deprives the owner the right to use and enjoy their home. When the elements below are present in a case of harassment, the association is liable.

How to stop harassment in a home?

For other forms of harassment prohibited in the governing documents, mailing letter with a return receipt to confirm the homeowner received it will do. Inform the homeowner their behavior has violated the law and/or association’s governing documents. Be specific about the occurrences and describe the behavior in detail. Warn that if the perpetrator fails to discontinue the harassment, they will be subject to consequences such as fines, other specified sanctions, or legal action.

What are protected classes in FHA?

These are the protected classes by the FHA, but it’s important to note that many states have additional protected classes, such as sexual orientation, age, and student status. If a neighbor is harassing another simply because they don’t like the other person or due to another kind of dispute, the association is probably off the hook. However, if the harassment involves things like racial slurs, targeted insults, discriminatory actions, obscene gestures relating to physical characteristics, etc., the interaction has crossed the line into hostile environment harassment.

How to resolve harassment of a business?

This approach is particularly helpful if the harassment began over a minor dispute like borrowing and not returning an item, but grew to a point of aggressive attacks. Use your association’s legal counsel as a facilitator to resolve the issue and avoid a lawsuit. If an informal mediation is unsuccessful or unrealistic, try a formal mediation and split the cost evenly between the three parties present. Confer with your attorney before pursuing mediation to make sure it follows protocol and adequately protects the association.

What is a third party liable for harassment?

You have the power to enforce that prohibition by whatever means you outline in your CC&Rs, declarations, bylaws, rules and regulations, etc. Per the Third Party Liability rule, an association can be liable as a third party if you can exercise control to stop the harassment but fail to do so. The association is responsible for taking prompt action to correct any type of harassment or discriminatory behavior against residents. Again, this applies to both kinds of harassment.

How to prevent harassment in a COA?

Bring in an industry expert to provide training sessions with your residents and board members to recognize and prevent harassment. Continue the momentum by adopting specific anti-harassment rules (including measures to prevent retaliation). Specify how to report the alleged harassment as well as procedures for investigation and action. Additionally, make complaint forms available to residents. Consult with your attorney or an association manager to determine what’s right for your COA or HOA.

The Process

See more on uscourts.gov

Case Preparation

Settling Differences

Trial Process

Closing