Question: What is “venue” in a civil case? Answer: The location of the court where the case will be hear. Any case may be venued, commenced and decided in any court in any county, except, ...
Are there people in our society that are not required to testify?
Question: Are there people in our society that are not required to testify as to communications with another person? Answer: Yes, but they are limited and may be waived by certain conduct. Under India...
How does breaking news affect the “Bystander Rule”?
Question: How does breaking news affect the “Bystander Rule”? Answer: The “Bystander Rule” allows recovery for negligent infliction of emotional distress if a claimant can esta...
Can you overturn a default judgment?
Question: Can you overturn a default judgment? Answer: Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered th...
What does an “Act of God” mean in civil cases?
Question: What does an “Act of God” mean in civil cases? Answer: Acts of God may negate liability. An act of God is the manifestation of a superhuman power which breaks the chain of causat...
What exposure is there for carrying out an “inherently dangerous activity”
Question: What exposure is there for carrying out an “inherently dangerous activity”? Answer: Strict liability for damages caused. See below. This doctrine, provides: (1) One who carries o...
Can an insurance company require an insured to go through arbitration?
Question: Can an insurance company require an insured to go through arbitration instead of having their case filed in a trial court and heard by a jury? Answer: Yes, if policy allows for arbitration. ...
If two people are involved in a car accident in the State of Illinois, but both parties live in the State of Indiana which state’s law would govern the car accident?
Question: If two people are involved in a car accident in the State of Illinois, but both parties live in the State of Indiana which state’s law would govern the car accident? Answer: Usually, l...
Who Is The “13th Juror” in a civil case?
Question: Who Is The “13th Juror” in a civil case? Answer: It Is the trial judge who is basically being asked to determine whether in the minds of reasonable jurors a contrary verdict shou...
What do you have to show to get an award of punitive damages against a drunk driver?
Question: What do you have to show to get an award of punitive damages against a drunk driver? Answer: Unlike compensatory damages, which are intended to make the plaintiff whole, punitive damages ...