Archived
Is this considered malpractice or negligence? What is the statue of limitation for these types of cases if there is one?
Kelvin's answer
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Answered on January 28, 2021
Statute of Limitations 1 year from the date plaintiff knows or should have known about the injury, 3 years from the date of injury whichever is...
How does one win preponderance of the evidence if testimony and exhibits aren't enough for a Judge?
Kelvin's answer
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Answered on January 28, 2021
Your exhibits have to be relevant. Your exhibits have to be admissible. Some of what you list may not be admissible and the judge may not have...
Archived
Can you sue Facebook for violating your state created right to free speech?
Kelvin's answer
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Answered on January 28, 2021
Please read your Terms of Service. You will be required to sue in Northern California for a maximum of $100 in damages. Based on the terms....
Archived
What is admissible evidence for residential burglary in AR
Kelvin's answer
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Answered on January 28, 2021
Your son need an attorney and not us speculating. Evidence can be challenged but the attorney will know what to do.
Archived
Is it legal malpractice for my attorney to forgive a default from refusal to answer, then try settling for fractions of demand?
Kelvin's answer
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Answered on January 28, 2021
Not sure what a refuse to answer is but ok you agreed to extend the answer (of something) out. I guess you could always enforced the default and...
Archived
This this is a question regarding civil cases as it relates to which court a a complaint is filed in
Kelvin's answer
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Answered on January 28, 2021
It seems that the differences between limited and unlimited is the amount of the suit and damages. For small claims there is the limit. Looks like...
Does my appeal brief have to contain citations?
Kelvin's answer
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Answered on January 28, 2021
Yes you must include citations. The Court is not your attorney and doesn’t look up your cases. In an appeal you are arguing there is legal error....
Do I NEED to MOTION for a STAY? FEDERAL COURT CASE 3:20-CV-6083-RJB-JRC
Kelvin's answer
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Answered on January 28, 2021
You need to step back and take a look at the case objectively. The “invasion of privacy” claim ( that you want to appeal) was dismissed by the...
Can I use Marbury v Madison and the 2nd amendment to successfully get my gun rights reinstated ?
Kelvin's answer
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Answered on January 27, 2021
You probably ought to read District of a Columbia v Heller. The court generally held “Like most rights, the Second Amendment right is not...
Archived
If a minute order covers more than one motion, how do you specify which motion you're appealing?
Kelvin's answer
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Answered on January 27, 2021
California subscribes to the final judgment rule. Interlocutory Appeals are frowned on because they interfere with case and smooth administration...
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