Civil Remedies
This is FindLaw’s collection of Civil Remedies articles, part of the Litigation and Disputes section of the Corporate Counsel Center. A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits. A civil remedy is generally separate form a criminal remedy, although in certain situations the civil and criminal remedy may be related. Civil remedies require the cooperation of the victim and are voluntary. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Remedies Articles
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What Is A Living Trust?
A living trust is a trust in which you have complete power of control during your lifetime and only takes effect at your death. You have many advantages that you do not otherwise have including: Probate is the legal process used to transfer your ...
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The Small Business Investment Company Program
Why, since 1994, have more than 150 investment firms (venture capitalists, merchant banks, investment banks, private investors, mezzanine lenders) applied for licenses to become small business investment companies ("SBICs")? Why have more SBIC ...
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The Contract You Thought You Made: Forfeitures and Penalties
Read The Contract You Thought You Made: The Express Negligence Doctrine (Part 1) The petroleum industry has had its share of companies fall into cash flow problems or, worse, go bankrupt, especially in the 1980s after the oil price crash of ...
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The ABC’s of Divorce
When a client enters a divorce lawyer's office for the first time, the client's natural tendency is to ask about what he or she to know. The client should, instead, first learn what the client to know. Remember: divorce is usually backwards. For ...
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Surety Liability for “Insurance Bad Faith”
In a March 28, 1997 decision, the Second Appellate District held that surety bonds are sufficiently like insurance that a surety may be held liable for punitive damages for tortious breach of the implied covenant of good faith and fair dealing. In ...
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Sufficiency Of Evidence To Establish A Claim For Severe Emotional Distress
In a per curiam decision, the Texas Supreme Court found that there was more than a scintilla of evidence regarding the severe emotional distress sustained as a result of the intention infliction of emotional distress in Deborah Morgan v. Mack ...
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Subrogating For More than Your Lien?
Imagine subrogating for damages an insurance carrier didn't pay for. What's more, imagine subrogating for and actually recovering more than the amount of the claim you paid. Amazingly, both scenarios are now possible for subrogating worker's ...
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Ninth Circuit: Bankruptcy Court’s Allowance of an Attachment Lien Claim is not equivalent to Perfection of Lien
A creditor must obtain a state court judgment in order to perfect an attachment lien notwithstanding a post-attachment bankruptcy filing by the debtor and the bankruptcy court's allowance of the attachment lien claim. Recently, in reversing the ...
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NEW YORK UPDATE: Arbitration Agreements May Not Protect You From Punitive Damages
As businesses embrace alternative dispute resolution instead of trial litigation, private contracts increasingly call for arbitration of commercial conflicts. Under New York law, parties can enter into a written agreement to submit any controversy ...
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Verdicts & Settlements
Where a dispute to be mediated pertains to an ongoing relationship (e.g., a disagreement over parental visitation rights or an employee grievance over working conditions), the parties are often willing to be highly creative in the crafting of a ...
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