what is a amendment complaint? what does it mean? i heard this from a judge in court.?
613329
"Amended" complaint... a complaint that has been changed, whether added to or taken from. Amended just means something was changed, and in your case it was a complaint.
915370
Hello,\n\nIs this a real case? I am sure this happens all the time, right? \nSo, only the defendants know the truth and better tell his/her attorney what is going on.\n\nThis complaint should be withdraw for filing a false claim.\n\nHope this helps you................................................   : - O
732546
It's in reference to a courtroom, where a judge bangs his/her gavel and tells someone they're "out of order."
976415
I am of the opinion that the presiding judge is well within his right to record a fiding exparte and it is not in violation of the principle of natural justice, so long as the respondent was given due notice of the proceedings according him an opportunity to be heard. The principle of natural justice does not mean that no order can be passed without hearing the parties concerned. It only requires that the parties before the forum should be given an opportunity to being heard. If the respondent had any difficulty in appearing before the judicial forum, like paucity of funds or threat to life, that is an entirely different matter. There were several options before him to meet such situations. Paucity of funds cannot be a valid ground for non-appearance. It is upto him to fend for himself to protect his own interests. I am sure there are provisions in the law prevailing in the USA, as it is in many other countries, for free legal aid for the indigent citizens. He could have availed of free legal aid. As regards the intimidation, which purportedlty detained him from appearance, it was open to him to lodge a criminal complaint against the petitioner and a copy of the complaint, if produced before the judge, would have weighed in his favour, for further adjournemetnt of his case. \n\nNow, that the matter has come to an end, before the learned judge, he has got two options. One is that he file a petition for review before the very same judge who passed the order and the second one is preferring an appeal before the appeallate authoruity. You may do this through a legal aid forum, if any available.
775093
Judicial review refers to the Judiciary's right to examine any law that someone claims is unconstitutional and, concomitantly, to issue a decree striking it down if it is not.  Judicial restraint is a more general term refering to a court's supposed reluctance to interfere with the legislature unless it has clearly overstepped its constitutional authority.  Hope this helps.
562800
Fourth Amendment – Protection from unreasonable search and seizure. \nThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. \n\nFifth Amendment – Due process, double jeopardy, self-incrimination, private property. \nNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. \n\nSixth Amendment – Trial by jury and other rights of the accused. \nIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.\n\nSeventh Amendment – Civil trial by jury. \nIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. \nEighth Amendment – Prohibition of excessive bail, as well as cruel or unusual punishment. \nExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. \n\nThese are all considered "criminal ammendments".\n\nRegards,\n\nArmus
266260
The First Amendment reads:\n\nCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.\n\nThat means that criticism of the Government or of individuals is generally allowed. If it is libellous, then public officials can take legal action to defend their reputation. \n\nIn the world wars, the Supreme Court upheld laws against sedition. However, since the second world war, the Supreme Court has generally found in favour of free speech. In Yates vs Smith, the Supreme Court ruled that the Smith Act was aimed at "the advocacy of action, not ideas". In other words, a person would have to specifically have to advocate violent action against the US Government in order to be seditious.
820003
Jennifer \n#1 You need to get a lawyer. A corporation cannot represent itself in a judicial proceeding.  \n#2 -- If this was a JUDGMENT, that means that they went through some process and it's enforceable as a matter of law.  Most likely, they filed a lawsuit against you, you didn't respond, so the court entered a "default judgment" for the relief requested by the Court.  This could have happened in Ill. OR in Florida. If the latter, then they have merely filed or registered the judgment in Illinois so that they may collect it. \nDid you ever receive a summons and complaint from these people? Did you ignore it, believing that it would go away?  If so, it will be hard to get the judgment vacated.  You usually need some excuse or good reason to have a judgment vacated (although in Cook County, you may get a sympathetic judge, who wants to adjudicate the merits, who will vacate and set the litigation going). See #1.\n#3 They have already "taken it to court" if, indeed there was a "judgment" filed against you. See #2.  If they merely have filed a complaint seeking judgment, that's a different story, and you have a short amount of time to respond to their allegations.  Get to a lawyer ASAP, otherwise you will be faced with a default judgment.\n#4 -- you won't get good legal advice for this issue here because of the fact-specific nature of your problem (exactly what was filed, the underlying dispute between the parties, etc.) Then you need to think about cost.  How much is the judgment for (or is the Complaint alleging?)? A good lawyer in Chicago will set you back $250.00 an hour at a minimum plus expenses.  If this is something you want to fight, expect $20,000 in fees for litigation at a minimum.  If this is a small matter, expect at least $2,000 in fees to reach an amicable settlement.\n\nThe Illinois State Bar Association should have a referral service on their website if you do not have a lawyer.  If you're willing to pay the going rate ($250.00 for associates, $400-500 for partners) in Chicago, I have some referrals for you.\n\nGood luck.
1073901
The 4th Amendment of the Constitution of the United States;\n\nThe right of the people to be secure in thier persons, house, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.\n\nThats how it reads, however it has been left to interpretation by any number of authorities. In my interpretation probable cause was required to obtain a warrant in order to search , not cause for search.......\n\nHowever there have been so many other changes to our Constitution that the original bill of rights is mostly just a memory, and has been used and abused by the crooked, the greedy and the power hungry for too long\n\nVOTE CONSTITUTIONAL CONVENTION....\nso that "We the People" can retake our country and reinstate our freedoms\n\nPeace to all...now more than ever...
501905
The format of your questions is confusing but here is what I think you are looking for:\n\nArticle 3-Section 1 salaries of judges protected\n\n1st & 4th Amendment - right to be silent - protected\n\nArticle 4 - Section 3 talks about Treason (I don't know what you mean "for politics" however, Article 1 - Section 6 says "congressmen cannot be arrested during time the house or senate is in session" - protected\n\nSo, I think right to Appeal is a legislative/judicial procedure and  is not a constitutional protection... except it is mentioned at Article Section 2 next to last paragraph.. \n\nThanks,\nmphill56\nMichael\nhttp://expert-seo.net
914342
First Amendment of the Constitution\nCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. \n\nThe Amendment was meant to protect all citizens from censorship, particularly when criticizing the government.\n\nHowever, the Bush Administration attempted to violate these rights during anti-war protests but when thousands of activists were brought to court on charges of raising their voices up against the war, the judges had to overturn the charges citing the first Amendment.\n\nThe Bush Administration keeps many civil liberties attorneys quite busy protecting the rights of citizens.\n\nThe Constitution was being dismantled by the Bush piece by piece as he instituted amendments against many basic rights. Voting people feared these rights were being lost forever so they voted the Republicans out in large numbers during the last election.
1159068
No, the concept of the phrase is recognized as negative and that is all it does.\n\nThe second question will be answered by the trial court - once it returns there.\n\nThis is not a separation of church and state since the document was distributed to non-members of the church.  \n\nOn a sidenote, the Supreme Court of Iowa said it could go forward, it didn't however decided the case.  Now the US Supreme Court must determine if it wants to hear the case.  If they disagree with the Iowa court, then it returns for trial.  If they disagree, then the case will be dropped since there is no legal standing.\n\nThe point is that a ruling hasn't been made on the merits of the original case - this is just the finer points of the law being argued at this point.  In general, you can't just go out and smear somebody in writing without justification.  And that issue is for the trial court to decide eventually.
396024
The next step depends on whether the complaint was answered, or a demurrer was filed. A demurrer is a pleading that the judge dismiss the case - arguing that "even if the allegations alleged in the complaint are true" there is no legal basis for the suit. When a demurrer has been filed, a hearing must be held before a judge, who will rule on the validity of the demurrer.\n\nIf the demurrer alleges that the complaint is vague, the judge may accept (sustain) the demurrer, with "leave to amend". If the amendment does not cure the problems with the original complaint, the judge may (and often will) sustain the demurrer and dismiss the case.\n\nBesides (or after) a demurrer, the defendant can file "an answer" - a written statement of defense, which indicates which of the allegations the defendant has elected to contest. One form of answer is the general denial, in which the defendant claims that "everything the plaintiff has alleged is false". A defendant may also ask that the judge grant a motion to strike (a request that the court delete some or all of the allegations in a complaint). A motion to strike may be granted if allegations are repetitive, insufficient, beyond the jurisdiction of the court, etc. The answer is important because it states all of the defenses that the sued party intends to use in his/her/its defense.\n\nThe defendant may also file an affirmative defense, which essentially argues that there are reasons that the defendant's liability should be limited or excused - even if the defendant has done all of the things that the plaintiff alleged.\n\n(The court may order a "reply", but that's rarely done. The most common occurrence of a "reply" is when the defendant has filed a counterclaim against the plaintiff.)\n\nOnce the court has a complaint and some form of answer, the case will be calendared for further proceedings. The first step is almost always "discovery" - the exchange of information between the parties. Each side will probably use a combination of "interrogatories" (written questions) and/or "depositions" (a face-to-face question and answer session), and the lawyers may well exchange "requests to produce", meaning that each side is asking the other to provide certain documents or records.\n\nYour lawyer should be able to advise you on the step-by-step routine - it's both standard and essential.\n\nGood luck!
240404
Hello:\n\nWell, it kinda looks like this but each jurisdiction has different requirements.  And, even after I show you what it looks like, you're still not gonna know what to put in the motion.  \n\nSo, my advice to you is hire an attorney, or the evidence you want to supress, AIN'T gonna be suppressed:\n\n                     IN THE STATE OF _____ \n                     COUNTY OF _______\n\nThe State of ______ )\n                    )     \n     vs.            )  Cause #\n                    )  MOTION TO SUPRESS EVIDENCE \nYou                 ) \n____________________)\n\n\nexcon\n\nPS>  So, the HTML caused everthing to not line up, but  you get the idea.
778020
The only way Constitutional laws apply to your case is in theory, by the spirit of natural laws contained in the First Amendment, if you equate the situation you are in with a form of "due process" or "petitioning" to redress grievances and to establish justice. \n\nThis same First Amendment that proclaims the freedom of speech, or of the press (written or spoken communication) also protects the right of the people "peaceably" to assemble and to petition for redress of grievances.  So any abuse of freedom of speech, press or religion to cause disruption or "breach of the peace" actually violates the same set of laws that naturally check and balance each other when considered together in context.  \n\nThis inherent balance between First Amendment rights can be seen in Oliver Wendell Holmes' famous example, that you cannot abuse freedom of speech to the point of yelling fire in a crowded theatre.  My point is that since this would cause an undue disturbance or breach of the peace, it abridges the right of the people "peaceably" to assembly in the theatre, and thus violates the very same law used to invoke free speech.\n\nToday, more specific legislation has been written concerning hate\ncrimes and harassment, which also concern this same natural check on personal freedoms.\n\nOnly if both parties in a dialogue agree to abide by the same rules and respect the peace while they "petition" each other, can these Constitutional laws be used to protect you from invasion or infringement of your equal right to peace and freedom and protection.  If the other party does not seem to respect your rights equally, you can peacefully "petition" to do so by addressing them directly as a peer to correct the problem between you as amicably as possible, and advising them that failure to resolve this civilly will force you to report this to authorities as a criminal threat issued over the internet.  If the person has published false or damaging statements about you, to do so in spoken word is slander and to do so in written word is libel; and both are unlawful and are grounds for lawsuit.  However, given the expense of a lawsuit, I would rather pursue mediation instead.  It tends to resolve the issue more effectively, without the high cost or risk of legal action, and restores the dignity to both parties.\n\nIf this person has any respect for the very same Constitutional laws by which we invoke freedom of speech and press to communicate, he or she should be compelled to answer your petition as long as you are equally answering their grievances.  Indeed, since the First Amendment reflects natural laws that govern all human nature, I have found most people do respond favorably when asked to help correct a grievance peacefully out of respect for the very laws that they enjoy exercising so freely.\n\nBoth sides would have to agree to stop the threatening behavior and to restore civil communications; or the resulting breach or disruption of the peace is, itself, infringing on the rights and freedom of both parties to petition each other peacefully, through spoken or written word, as equally respectful human beings.
178667
I am assuming that you mean in his official capacity.  If you want to overturn a ruling than you'll have to file an appeal.  If the Judge did something illegal than you can take it to the D.A.  If he has done something unethical than you can file a complaint with your local bar association.
423250
Michigan Court Rules: \nUnless otherwise specified by these rules, a judgment of conviction and sentence entered by the circuit court or the Recorder's Court for the City of Detroit not subject to appellate review under subchapters 7.200 or 7.300 may be reviewed only in accordance with the provisions of this subchapter.\n\nThe subsection defines different motions that can be filed with the court, and also the right to counsel.\n\nAs for the adequacy of representation, I couldn't find a direct definition. I did find Michgan Court Rule 6.508(D). Rule 6.508(D)(3)(b) (below) talks about an irregularity that prejudices the outcome. That would mean that there is an error, other than a jurisdictional error since those are specficially excluded, that causes the court to make a ruling that it wouldn't make without the error. So, you'd have to show a mistake that changed the outcome of the procedure.\n\nAs the other poster said, these are questions best addressed by a lawyer. If you require help, I'd suggest contacting the Michigan bar or your local public defender or legal aid for assistance.\n\n"(D) Entitlement to Relief. The defendant has the burden of establishing entitlement to the relief requested. The court may not grant relief to the defendant if the motion\n\n(1) seeks relief from a judgment of conviction and sentence that still is subject to challenge on appeal pursuant to subchapter 7.200 or subchapter 7.300;\n\n(2) alleges grounds for relief which were decided against the defendant in a prior appeal or proceeding under this subchapter, unless the defendant establishes that a retroactive change in the law has undermined the prior decision;\n\n(3) alleges grounds for relief, other than jurisdictional defects, which could have been raised on appeal from the conviction and sentence or in a prior motion under this subchapter, unless the defendant demonstrates\n\n(a) good cause for failure to raise such grounds on appeal or in the prior motion, and\n\n(b) actual prejudice from the alleged irregularities that support the claim for relief. As used in this subrule, "actual prejudice" means that,\n\n(i) in a conviction following a trial, but for the alleged error, the defendant would have had a reasonably likely chance of acquittal;\n\n(ii) in a conviction entered on a plea of guilty, guilty but mentally ill, or nolo contendere, the defect in the proceedings was such that it renders the plea an involuntary one to a degree that it would be manifestly unjust to allow the conviction to stand;\n\n(iii) in any case, the irregularity was so offensive to the maintenance of a sound judicial process that the conviction should not be allowed to stand \nregardless of its effect on the outcome of the case;\n\n(iv) in the case of a challenge to the sentence, the sentence is invalid."