I Was Taken But I Cant Afford An Attorney .... Essay - 1,643 words

I was taken but I cant afford an attorney . . . what can I do? Cases brought by persons without counsel typically fall into two categories: civil rights violations and tort claims. A civil rights case involves a claim seeking redress for the violation of a person's constitutional rights. This type of claim is often brought under the federal statute, 42 U.S.C. S 1983. Under this law, a person who acts under color of state law to violate another's constitutional rights may be liable for damages.


A tort is defined as a "private or civil wrong or injury." It is distinguished from criminal law because it is an injury against an individual and not the state (city, county, or state government). If a person ran a stoplight and hit your car, the state would ticket the driver for running the stoplight but it would not be able to sue the driver for the injuries received by the victim of the other car. That is considered a private wrong or injury and it is the right of the victim to file a civil suit against the driver seeking damages for the injuries received. There are three types of torts: intentional, negligence, and strict liability. You cannot sue someone just because you are angry at them; you have to have been injured in some way. You can bring a tort action in federal court if a violation of a federal law has occurred. Jurisdiction is the authority given a court to hear and decide certain cases. For a court to render a valid judgment, it must have both jurisdiction over the subject matter of the controversy and jurisdiction over the persons or entities involved. The court system is described more fully later on in this paper; however, to file a case in federal court, you must meet at least one of two important criteria: 1.


The case must deal with a "federal question" of law; or 2. The parties to the case must be residents of different states (known as diversity of citizenship) and the monetary amount in controversy must exceed $75,000. Federal courts enforce "federal law," that is, the United States Constitution and federal statutes enacted by Congress. State courts enforce state laws. Sometimes they overlap, such as in diversity cases. This is why it is important that legal counsel is obtained as often as possible. A statute of limitations is that part of the statute that sets a particular period of time within which a suit can be filed. It begins to run when the injury or right has been violated.


Some examples are as follows: 1. Car accident or other personal injury: 2 years 2. Civil rights violation: 2 years 3. Contract dispute: 6 years 4. Medical malpractice: 2 1/2 years Immunity prohibits you from suing a person who is performing his/her duties as prescribed by law. When a judge decides a case, he is immune from suit because he is performing the duties directed by law.


However, if a judge has operated his car illegally and caused you to be harmed, you can sue him for damages because driving his car does not fall under the duties of being a judge. Most government employees are immune from suit if they are performing their assigned duties and are not aware of a violation of the law. You should realize that immunity may be a defense that prevents a person who is sued from being liable. There may be other legal defenses that the person can assert which will also protect them from liability. All judges are subject to the Code of Conduct for United States Judges. The Clerk of Court and Clerk's Office staff members are subject to the Code of Conduct for Judicial Employees.


Part of the codes of conduct prohibit Clerk's Office employees from accepting any gift, without exception, from anyone seeking official action from or doing business with the court or from anyone whose interests may be substantially affected by the performance or nonperformance of official duties. This prohibition includes accepting any sort of holiday gift, whether intended for the Clerk's Office as a whole or for a specific individual. Complaints about the performance or behavior of Clerk's Office staff should be made to the Clerk of Court or to one of the judges. Complaints about judges' decisions on procedural matters or the merits of disputes can only be addressed through the regular appellate process. Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or that a judge is unable to discharge all the duties of the office by reason of mental or physical disability may file a complaint pursuant to the Rules of the Tenth Circuit Judicial Council Governing Complaints of Judicial Misconduct or Disability. You cannot sue someone because you believe or you have a feeling the person has violated your rights.


You must have facts to support your lawsuit such as the tim ...................................................................................................................................................................................................................................................................................................................................................................

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Essay Tags: united state, federal court, united states, habeas corpus, state court

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