Civil Law

What Does It Mean to Be Judgment Proof?

Published in Civil Law on December 29, 2017

Creditors can use various methods to seek payment on past due debts, including real estate liens, bank account levies, and wage garnishment. Once a creditor obtains a money judgment on an owed debt, the creditor will use whatever means it deems fit to secure payment. However, some individuals will qualify as “judgment proof” for various…

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Basic Pleadings and Motions

Published in Civil Law on October 18, 2017

Civil cases vary in nature, but they all have similar pleadings and motions. A pleading is the process of filing a document, while a motion is a request either party makes to a judge. The following are some of the most common pleadings and motions in any civil trial or case: The Complaint A civil…

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What is Pro Se Litigation?

Published in Civil Law on September 29, 2017

The Latin phrase pro se literally translates to, “on behalf of themselves.” Pro se litigation is another way to refer to self-representation during a legal claim. To appear pro se before the court means to appear without representation from an attorney. With a few limitations, anyone can appear before the court pro se. This is…

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What is Contempt of Court?

Published in Civil Law on May 30, 2017

You may have heard the phrase “contempt of court” during the public broadcasting of a trial or television show that depicts a dramatic courtroom scene. While you may grasp the idea that it is not a positive thing, you may not fully understand what it means. There are two types of contempt of court: civil…

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What is Alternative Dispute Resolution?

Published in Civil Law on May 23, 2017

If you are involved in any kind of litigation in Massachusetts, you may come across the phrase “alternative dispute resolution,” or ADR. The Massachusetts Trial Court offers ADR as a substitute for traditional trial litigation. ADR describes any process in which two parties come to an agreeable resolution using an impartial third party judge or…

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Good Samaritan Laws and Negligence

Published in Civil Law on October 25, 2016

There is an unfortunate phenomenon occurring around America. In an age where people are threatening lawsuits left and right for even the smallest infractions, citizens have become overly afraid of being sued. This has led to a harmful reverse effect in which citizens fail to perform their duties as responsible members of society due to…

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The Basics of Defamation Lawsuits

Published in Civil Law on October 13, 2016

When someone accuses another person of defamation, the transgression in question is one of reputation. Defamation is any statement that damages the victim’s reputation, whether it’s an individual’s good standing or one of a business. Defamation lawsuits strike a careful balance between one’s constitutional right to freedom of speech and another’s right to protect his…

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What is Legal Malpractice?

Published in Civil Law on August 29, 2016

Legal malpractice defines any situation in which an attorney fails in his or her duty to provide competent legal counsel to a client. This may include negligence, breach of contract, or a breach of a fiduciary duty that causes measurable harm to the client. A client who has been harmed in such a way by…

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What Are Motions in Limine?

Published in Civil Law on August 22, 2016

Litigation is a complex process, and motions in limine are powerful tools in a trial lawyer’s arsenal if he or she uses them correctly. Essentially, a motion in limine is a motion one side files that aims to prevent the other side from presenting certain evidence during a trial. How Do Motions in Limine Work?…

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10 Etiquette Tips for Testifying in Court

Published in Civil Law on June 28, 2016

Anytime someone is called to the witness stand in a courtroom to testify, he or she is under scrutiny. The judge, attorneys, jury, and attendees closely examine what you say and how you say it. Understanding the appropriate etiquette in the courtroom can alleviate nerves and give you the confidence needed to speak clearly and…

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