when a lawyer says there is no diversity therefore a case may be removed to a federal court from superior court, why do they use that term ?
124435
diversity means diversity of citizenship.  This is with respect to removal FROM fedearl court.  If the matter at hand is not federal subject matter, the federal court will lack jurisdiction to hear the matter if there is a lack of diversity.  Diversity, in this context, means the parties are from 2 different states.  So, for example, if the action is a basic tort action, or contract breach, the fedearl court will not have subject matter jurisdiction.  If, then, the parties are from the same state, diversity is lacking, and therefore there is no fed court jurisdiction and the case must be heard in state court.
440455
Because the reality is that if there is no incentive, then plaintiff will not make a claim for punitive damages.  It takes money to prosecute a claim, and most people will not do so for free.
179469
separate case; standards for being awarded a prelim. injunction are different
11975
The two groups are actually called solicitors and barristers, and they are both lawyers. The distinction is erroding, because the differences between them have been removed. Originally, solicitors could only plead before the inferior courts (the courts of first impression), and the barristers could plead before any court in the country. Also, clients could not directly ask a barrister for assistance; a solicitor had to do it for them. Now solicitors can be allowed to plead before superior courts and clients can seek out barristers without a solicitor, but both of those things still happen rarely anyway.
350297
It means that there would be no further hearings or court action... to complete the thought you'd need the context - it could be deferral pending some event or time ... you didn't give enough facts to fully answer.
87838
It was Federal District court.  You're confusing the NY state court system with the US Federal Court system. There's no such thing as superior court in the Federal system.  For the Federal level it goes \nDistrict Court->Court of Appeals->US Supreme Court.
55733
I would contact a lawyer and see if there is any federal regulations against that type of discrimination and if there is sue them under that.
496362
It's a "restraining order."  Some courts may also term it an "injunction."
51457
I don't get what you are asking - what do you mean by affirmative actions?  I need more info!  If the contract didn't exist - what is the plaintiff basing the claim off of - i.e. quasi contract or implied in fact contract etc etc. Or are you representing the defendant and want to get out of the contract because the plainitff induced you to creat one with fraud?
202983
It means the plaintiff won't show up, but they usually can't arbitrarily waive their appearance. You or your attorney if you have one would have to consent. If the plaintiff's attorney will be there, it really doesn't help you at all. It means you won't have anyone to cross-examine. I'd recommend asking for summary judgment in your favor. End of story.
612417
I don't know where you are from or what exactly you are referring to but as defined by websters dictionary discrimination is:\n\n1: The act, practice, or an instance of discriminating categorically rather than individually. B: Prejudiced or prejudicial outlook, action, or treatment.\n\nNormally when used it refers to (as you probably know) discrimination against someone based on something other than their character. (Skin color, handicapped, ect) In the united states it is illegal to discriminate in the work place or in any public service.\n\nFor example your boss couldn't fire you just because you are mexican or black ect. This has to do with equal opportunity laws. I know atleast the US and the UK have these laws in place, however; I can't be sure about any other countries. I hope I have answered your question.
87636
Federal laws overrides state law which overrides local law as long as the higher law does not touch areas that are exclusively regulated by the lower levels. \nA school board cannot override either "Title VII of the Civil Rights Act of 1964" or "New Jersey Law Against Discrimination", but depending on the situation these laws might not be applicable. If federal and state law do not agree on a specific case it might make sense to ask the courts which one is applicable and to challenge the other.
314471
It legalized seperating blacks from whites in public places and left blacks at substandard living conditions.  It was not just...and was over turned in brown vs. Topeka board of education.  Plessy is one of the worst surpreme court decision in our nations history we now recognize.  It goes to show how the law can be interpreted differently at different times.  It has implications now for the marriage laws and discrimination against gays.
473807
Sometimes judges had personal experiences in the past with similar situations in cases that they try.  Thus, they decide in such a manner the way they experienced the case which should not be the case.  Appeal your case by a petition for review by the higher court citing the bias of the judge.
629504
It means that you may file a new suit on the same cause of action.\n\nYou may file a motion to reconsider the ruling.  This usually requires that you have new information that you did not at the time of your last hearing.\n\nYou may appeal the ruling to a higher court.  In an appeal you need to show that the judge had faulty legal reasoning.   They do not re-evaluate findings of facts on appeal.  You will need an attorney to do an appeal properly.
136776
A Public defender can't just deny taking a case.  They can request it be reassigned if there's a conflict of interest, ethical problem, etc, but not simply I don't like the defendant or I don't think I'll win, etc.  Of course they are paid for the time they worked.  The case work they've generated though must be transfered to the new attorney.  \n\nAlso remember one doesn't need to be a public defender to be assigned a case.  Most states a judge can assign any person admited to the bar to a case and require them to handle it.  This is normally only done in rare cases nowadays with public defender offices, but can be done.
346759
its called self incrimination, and its when what you say would hurt your case. Take the 5th amendment in order to not incriminate yourself or others.