A Property Sale by Court Order

Jointly owned properties can create legal problems if one owner wants to sell. Consider this example. A house or cottage is owned by two or more people. The owners may be family members or business partners. One of them wants to sell because there is a rift in the...

Judgments Binding on the World at Large

A judgment in a lawsuit is typically only binding on the parties to the lawsuit. Such a judgment is called a judgment in personam or inter partes. There is, however, another kind of judgment which is not only binding on the parties to the lawsuit but is also binding...

Double Satisfaction

It’s a long way from Mick Jagger’s early rock’n roll hit “I can’t get no satisfaction” to the exciting doctrine of double satisfaction but here is the story. First of all, there has to be a lawsuit to get some satisfaction. If the claim in the lawsuit or the judgment...

Default Judgments

Someone knocks on your door and hands you court papers – a statement of claim. You are sued by the bank for $25,000 because you guaranteed a friend’s loan. The friend is also sued. He tells you not to worry and that he will take care of it. Two months later, the...

Criminal Decisions in Civil Proceedings

Consider this scenario. A person is convicted of assault and battery after an argument in a tavern. The convicted person is then sued in the civil courts by the victim of the assault for personal injury. May the victim rely upon the conviction as proof that the...