-
Posts
99 -
Joined
-
Last visited
Content Type
Profiles
Blogs
Forums
Calendar
News
Everything posted by Kebab
-
for the first time in ages, i felt real sadness.
- 84 replies
-
- 1
-
-
hell yeah.
-
good shit.
-
oh. must be something wrong with eyes again.
-
the man, the myth, the legend.
-
Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Attorney Name NOTICE OF APPEAL _______________________________________________ This notice of appeal should be filed with the lower court prior to filing a brief. 1. Are you the Plaintiff or Defendant? (Check one) [ ] Plaintiff [ ] Defendant 2. Which parts of this ruling are you intending to appeal? (Check one or more) [ ] Verdict or Disposition [ ] Civil Award or Criminal Sentence _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures
-
Appellee v. Appellant Case Number: YY-XNNN Prepared by: Attorney Name AFFIDAVIT FOR [APPELLANT/APPELLEE] _______________________________________________ Answer the questions posed by the Judges in this area, with each question bolded and the answers provided in sections. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures
-
Appellant v. Appellee Case Number: YY-XNNN Prepared by: Name of Attorney APPELLATE BRIEF FOR [APPELLANT/APPELLEE] _______________________________________________ Argument 1. Appellant: Describe the grounds for this appeal, and why this appeal is allowed. 2. Both parties: Describe the argument you have on appeal. Appellee may also describe why this appeal is not allowed. 3. Continue sequential numbering and lay out your argument piece by piece. ... Authorities 1. Case Title Here - If you are referencing any additional case law above, please list each case here. 2. Continue the list... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures
-
San Andreas Court of Appeals Filing an Appeal An appeal can be filed when there are questions of law arising from the decision of a lower court. Appeals are not an opportunity to re-try the facts of a case - the lower court is a fact-finder with original jurisdiction over such cases. The Court of Appeals hears cases where a party has grounds for appeal, or a legal right to appeal and be heard. These can be situations of judicial abuse, or an argument that certain evidence should have been allowed, or perhaps a judge has applied the law incorrectly leading to a wrongful decision. The Standards of Appellate Review can be helpful in determining if grounds for appeal are present. Instructions for Filing an Appeal Notify the lower court with a Notice of Appeal. Wait for a docket number for the appeal to be assigned by a member of court staff. File an Appellate Brief (for Appellant) under the assigned docket number (( Post a topic in this section )) A three-judge panel will oversee each appeal, with one acting as chairperson over the hearing. Procedure for Appellate Cases Submission of Briefs Once a case is accepted for hearing on appeal, both sides may submit an Appellate Brief describing their arguments. The court will review whether or not there are grounds for appeal present and, if such grounds do not exist, the case will be dismissed. Otherwise, the case will proceed to the Hearing Phase. In this phase, each party may introduce various questions of law to be answered by the court, and must explain why the Appeals Court has jurisdiction to answer such questions. Information about this can be found in the Standards of Appellate Review. Using the questions, the scope of the appeal will be determined. If it is subject to de novo review, then facts may be re-examined using the process defined by Civil Procedure or Criminal Procedure (respectively). Hearing During this phase of the appeal, the judges will ask each party a series of questions when trying to explore the questions of law. Each party should do their best to answer the questions. Answers to the judges should be filed as an Affidavit for the respective side. (( For OOC purposes, parties in this phase are not required to be experts in legal precedents or to make perfect arguments - Judges will do a lot of this type of debating behind the scenes in an attempt to determine who has the best legal argument. )) Decision Phase In this phase, the three judge panel will determine an outcome of the appeal by answering the questions identified previously. Some of the possible outcomes at this step are: - Decision Upheld: The trial court decision can be upheld. - Decision Reversed: The trial court decision can be reversed, and a new verdict entered. - Decision Modified: The trial court decision can be modified, such as changing the award amounts. - Decision Vacated: The trial court decision can be vacated, removing its effect entirely. This sometimes comes with a grant for a new trial. After this step, the losing party may submit their intention to appeal the verdict to the Supreme Court of San Andreas, which must be done by filing a Petition for Writ of Certiorari.
-
People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name RECORD OF DEPOSITION Witness Name: Name of Witness Date and Time of Deposition: DD/MMM/YYYY HH:mm _______________________________________________ Question: Question and context stated by the person taking deposition... Answer: Full, unabridged answer given by the witness. ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures
-
Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name AFFIDAVIT FOR [PLAINTIFF/DEFENDANT] _______________________________________________ Narrative here, including references to evidence and witnesses. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures
-
Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name [NAME OF MOTION] _______________________________________________ Describe your motion here. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures
-
Plaintiff v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name CIVIL CASE BRIEF FOR [PLAINTIFF/DEFENDANT] _______________________________________________ Argument 1. Describe who the parties to this case are in relation to each other. 2. Describe why your case has standing, or why you are allowed to sue for this matter. 3. Continue sequential numbering and lay out your case piece by piece. ... Exhibits 1. Describe the exhibit (( Link to OOC Proof )) 2. Describe the exhibit (( Link to OOC Proof )) ... Witness List 1. Name of Witness (( Link to Forum Profile )) 2. Name of Witness (( Link to Forum Profile )) ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures
-
SUPERIOR COURT OF SAN ANDREAS COUNTY OF LOS SANTOS CIVIL DIVISION Case Name: Plaintiff v. Defendant Plaintiff Attorney: Name CIVIL CASE COVER SHEET _______________________________________________ 1. Check one box below that best describes this case: Personal Torts [ ] Assault, battery, or unlawful contact [ ] False imprisonment [ ] Intentional infliction of emotional distress [ ] Deprivation of rights under color of law Negligent Torts [ ] Breach of duty [ ] Negligent infliction of emotional distress [ ] Professional or Medical Negligence Property Torts [ ] Trespassing or Conversion [ ] Nuisance [ ] Theft [ ] Detainder Dignitary Torts [ ] Defamation (Slander or Libel) [ ] Invasion of privacy [ ] Breach of confidence [ ] Abuse of process [ ] Malicious prosecution [ ] Alienation of affections Business Torts [ ] Fraud [ ] Tortious interference [ ] Conspiracy [ ] Restraint of trade [ ] Passing off Contracts [ ] Breach of Contract [ ] Collections Judicial Review [ ] Denial or Revocation of Business License [ ] Denial or Revocation of Firearms License 2. List any damages sustained or fees accrued. Include billing rate for attorneys, expert witnesses, etc. List _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of _________, 20__ by: /S/ NAME OF PLAINTIFF Name of Plaintiff Plaintiff /S/ NAME OF ATTORNEY Name of Attorney Attorney for Plaintiff
-
Superior Court of San Andreas CIVIL DIVISION Filing a Civil Case A civil case, civil action, or civil complaint is a type of lawsuit where one party (or group of parties) alleges that another party has committed a civil wrong or violation of law against them. The Plaintiff, or party bringing the case, may make an allegation that the Defendant, or party alleged to have committed the act, has committed a tort or violated statutory law. In a civil case, the Plaintiff is asking the court to award damages, which can be money or other items, to them as a result of sustaining injury, such as some physical or economic loss. Instructions for Filing a Civil Case Complete a Civil Case Cover Sheet and file it with the Clerk of Courts (( post in this section )). Wait for a docket number to be assigned by a member of court staff. File a Civil Case Brief (for Plaintiff) under the assigned docket number. A Judge will be assigned and review whether cause of action exists, or whether the person has a right to sue. If cause of action exists, a the case will be scheduled for trial and the Defendant will be issued a summons. Procedure for Civil Cases Answer During this phase of the trial, the Defendant answers the summons. This phase begins when the Plaintiff provides proof of service, or proof that the Defendant has received the summons and is aware of the case. The Defendant (on his own or through an attorney) will have 5 days from the date proof of service is submitted to submit one of the following (( as a post in the case topic )): Civil Case Brief (for Defendant) (if the Defendant wishes to defend against the allegations) Motion for Summary Judgment (if the Defendant does not wish to defend against the allegations) Discovery and Pre-trial Motions During this phase, both parties will exchange evidence and witness lists. The attorneys for both sides should be in direct contact via electronic or postal mail (( Forum PM )). Both parties are entitled to view any and all evidence and to review any witness lists in advance of the trial phase - if a party refuses to disclose certain information, the other party may inform the judge who may issue an order to enforce this rule. Much of this information will be disclosed by the Plaintiff in the Civil Case Brief. During this phase, the Plaintiff and Defendant both have a right to interview any supporting witnesses and to examine all evidence. If additional time is needed to perform these tasks, the Judge should be notified. If a witness cannot be reached by both parties (( including for OOC reasons )), the witness will be excluded from the case. (( Additionally, if either party wishes to report any part of this case to server administration via Forum Report, this is the time to do so - the trial phase will not be paused for petty squabbles unless so instructed by an Administrator. )) In this phase, the following motions can be filed: Motion to Dismiss - Can be filed by the defense if cause of action for the crime clearly does not exist. The judge will only be able to sustain this motion if there is a significant likelihood that the defense will prevail. If cause of action exists, this motion cannot be sustained by the judge. Motion to Compel - Can be filed by either party to request that the court order the other party to take some lawfully-required action, such as disclosing evidence or witness lists they intend to use as support to the Criminal Complaint. Motion to Suppress in limine - Can be filed by either party to request that the court not permit certain evidence or witnesses to testify. Trial Phase During this phase of the trial, both parties will present the supporting evidence for their case as well as their arguments. Each step in this phase should be filed as an Affidavit for Plaintiff or Affidavit for Defendant. 1. The Plaintiff will present the testimony of any witnesses and any evidence they have had analyzed. 2. The Defendant will present the testimony of any witnesses and any evidence they have had analyzed. 3. The Plaintiff will submit an affidavit arguing their case and how the evidence presented proves the defendant is guilty of certain offenses. 4. The Defendant will submit an affidavit arguing their case and how the evidence presented proves the defendant is not guilty of certain offenses. 5. The Plaintiff will make a closing argument addressing any defenses that have been presented. At this step, new arguments may not be introduced unless to counter arguments made by the defense. 6. The Defendant will make a closing argument addressing any counter-arguments that have been made to the defense. At this step, new arguments may not be introduced unless to counter arguments made by the Plaintiff. At the conclusion of this step, the judge will close the trial proceeding and the case will advance into the decision phase. In this phase, the following motions can be filed: Motion to Suppress - Can be filed by either party to suppress the presentation of some evidence or witness testimony that was not disclosed during the Discovery process. Motion to Strike - Can be filed by either party seeking to remove some information from the record, perhaps due to badgering a witness not identified as hostile or due to improper foundations of a question. This is the standard motion to file for most objections. Decision Phase In this phase, the judicial officer will review the evidence, witness testimony, arguments, and counter-arguments presented to make a determination of guilt. The standard the Plaintiff must prove is that the charged person is Liable by a preponderance of the evidence. A preponderance of the evidence means that the evidence suggests that the Defendant is more likely liable than not. Put simply, this means there is a 51% chance the Defendant has committed the act and is liable. In this phase, the following verdicts or dispositions will be determined for each charge: Liable - The person has committed the act, and is legally liable for damages. Not Liable - The person has not committed the act, or is legally not liable. Post-Trial Phase In this phase, the Judicial Officer will consider all relevant evidence, arguments, and the disposition to determine an award, or the amount one side is required to pay the other. This may also entail some actions that must be taken and, if necessary, the Court may appoint a Special Master to ensure any such actions are performed. Monetary awards come in two types: Compensatory Damages and Punitive Damages. Compensatory Damages are a type of monetary award that compensate the injured party for any economic losses they have endured. For example, if business was lost or the act resulted in the loss of revenue the injured party will be entitled to compensatory damages in the amount they have lost. The Plaintiff may be required to provide evidence of their losses, such as receipts, financial statements, or other calculations for reasonable losses. Punitive Damages are a type of monetary award reserved for egregious actions and serve as a punishment or deterrent. These are often 2x or 3x the amount in compensatory damages, however are only available when statute or precedent permits the granting of punitive damages. Appealing a Verdict or Sentence Either party may appeal a verdict or award if they have grounds. Grounds for appeal are based on whether a party has standing. Examples of reasons to appeal are explained in the court's guidance on Standards of Appellate Review. Parties may not appeal a verdict simply because they do not like the outcome of the trial – they must demonstrate that the court has made a clear error, an abuse of discretion, a mistake in interpreting or answering a question of law, or a mistake in understanding a question of fact that resulted in irreparable impact to the case at hand. An appeal can be initiated in the lower court by either party by filing a Notice of Appeal. (( Post as a reply to this topic ))
-
Guide: Filing a Criminal Case or Challenging an Arrest
Kebab replied to Kebab's topic in Criminal Division
People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name RECORD OF DEPOSITION Witness Name: Name of Witness Date and Time of Deposition: DD/MMM/YYYY HH:mm _______________________________________________ Question: Question and context stated by the person taking deposition... Answer: Full, unabridged answer given by the witness. ... _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures -
Guide: Filing a Criminal Case or Challenging an Arrest
Kebab replied to Kebab's topic in Criminal Division
People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name AFFIDAVIT FOR DEFENSE _______________________________________________ Narrative here, including references to evidence and witnesses. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures -
Guide: Filing a Criminal Case or Challenging an Arrest
Kebab replied to Kebab's topic in Criminal Division
People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name AFFIDAVIT FOR PROSECUTION _______________________________________________ Narrative here, including references to evidence and witnesses. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures -
Guide: Filing a Criminal Case or Challenging an Arrest
Kebab replied to Kebab's topic in Criminal Division
People v. Defendant Case Number: YY-XNNN Prepared by: Plaintiff or Attorney Name MOTION TO/FOR [NAME OF MOTION] _______________________________________________ Describe your motion here. _______________________________________________ Certification. The undersigned swears or affirms, under penalty of perjury, that the information contained herein is truthful to the best of his knowledge. Sworn this __ day of ___________, 20__ by: /s/ NAME OF ATTORNEY Name of Attorney ... Additional Attorney Signatures