Massachusetts G.L.c. 207, § 47A states that a “[b]reach of contract to marry shall not constitute an injury or wrong recognized by law, and no action, suit or proceeding shall be maintained therefor.” At first blush, it would seem that the rightful owner of the engagement ring would be the donee. However, Massachusetts courts have recognized that equitable principles could justify returning the ring to the donor. In De Cicco v. Barker, 339 Mass. 457 (1959), the plaintiff sued the defendant...
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Your question is very general and I am not certain whether all of the material facts have been disclosed. I assume for purposes of your question that both you and your ex-girlfriend reside in Connecticut. The law in Connecticut regarding your situation is in flux. About 50 years ago, the Court of Common Pleas decided that whether the donee had to return the engagement ring depended on the relative fault of the parties. Thus, if you did not carry through with your promise to marry her,...
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At your first appearance, you should ask for a continuance so that you can contact a criminal lawyer. The motor vehicle and criminal dockets in Connecticut are very much controlled by the state's attorneys. They are usually fair about requests for continuances and will allow the first one. You likely will not even have to appear before the judge and enter a plea at your first appearance. In Connecticut, the prosecutors will meet with criminal defendants and their attorneys, if they have...
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In Connecticut, a warrant can be issued by a Court if the court determines that the application for the warrant filed by the prosecuting authority demonstrates probable cause that a crime has been committed. The warrant is not the "charging" document. By charging document, I mean the statement of the prosecuting authority's allegations against your boyfriend---what offense/crime he is alleged to have committed. All misdemeanors, violations and infractions must be prosecuted by Information or...
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Individuals have certian rights including a right to have certain claims adjudicated by a jury (rather than a judge), including most civil actions. In order to exercise that right in a civil action pending in Connecticut Superior Court, one of the parties to the litigation has to claim the matter for a trial and pay the required jury claim fee within 7 days of the joining of the issues that are to be tried. Typically, parties desiring a jury trial will file the Claim for Jury at the time of...
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There is insufficient information in your question for a fully informed and complete response. Essentially, if your lawyer was suspended from the practice of law, he/she cannot represent you during the period of the suspension. A primary purpose of a suspension is to protect the public and the administration of justice from lawyers who are not and/or are lunlikely to properly discharge their professional responsibilities to the clients and/or the legal system. It is usually a very serious...
1 person marked this answer as helpful
Individuals have certian rights including a right to have certain claims adjudicated by a jury (rather than a judge), including most civil actions. In order to exercise that right in a civil action pending in Connecticut Superior Court, one of the parties to the litigation has to claim the matter for a trial and pay the required jury claim fee within 7 days of the joining of the issues that are to be tried. Typically, parties desiring a jury trial will file the Claim for Jury at the time of the...
Yes. You are still required to appear. In Connecticut, the subpoena power is broad and encompassing. The attorney who subpoenaed you probably used the form language as suggested by statute: "By authority of the state of Connecticut, you are hereby commanded to appear before the .... court, to be held at .... on the .... day of .... or to such day thereafter and within sixty days hereof on which the action is legally to be tried, to testify what you know in a certain civil action pending in...
Barbara, In Connecticut, the procedural rules governing depositions allow for parties to conduct videotaped depositions. The party who is seeking your deposition has to pay for the deposition to be videotaped as well as the court reporter's appearance fee. That requesting party also has to pay for the transcript from the court reporter for every other adverse party. You can get penalized for not doing the deposition. If you are a party to a lawsuit, the notice of deposition is the...
There is insufficient information in your question for a fully informed and complete response. Essentially, if your lawyer was suspended from the practice of law, he/she cannot represent you during the period of the suspension. A primary purpose of a suspension is to protect the public and the administration of justice from lawyers who are not and/or are lunlikely to properly discharge their professional responsibilities to the clients and/or the legal system. It is usually a very serious...