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Nebraska Civil Litigation Legal Questions

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4 legal questions have been posted about civil litigation by real users in Nebraska. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.

we lost a civil trial where we were the defendant but found out after that the judge knew my mother from his own custody battle for his kids.

Answered 11 years and 10 months ago by attorney Bruce Robins   |   1 Answer
If the Judge knew of the connection, he absolutely should have recused himself from presiding over your case. 
If the Judge knew of the connection, he absolutely should have recused himself from presiding over your case. 

My boyfreind and I lived together for 2 yrs. We just seperated and he is telling me that he is going to sue me for a bill he paid of mine. Do I owe

Answered 12 years and 6 months ago by attorney Bruce Robins   |   1 Answer
It depends on whether paying the bill for you is considered a gift or a loan.  Since he never said anything about a loan, and never asked for the money until the two of you separated, it is likely that a judge or jury will consider it to be a gift he made to you, which you are not obligated to repay.  If you have no evidence other than your word against his, however, there is a risk that you  will not be believed.... Read More
It depends on whether paying the bill for you is considered a gift or a loan.  Since he never said anything about a loan, and never asked for... Read More

third party checks

Answered 12 years and 9 months ago by attorney Bruce Robins   |   1 Answer
It depends.  Why did she sign the check over to you?  Did she owe you money, or was she just doing it for convenience so that you could cash the check and give the money to her?  There is a rule (the "Parole Evidence Rule") which might prevent your girlfriend from submitting any evidence to contradict what is written on the check (i.e. testifying that you were supposed to give the money back to her when it doesn't say that on the check), but I don't think it applies in this situation, where it is a small claim between two people who were in an intimate relationship, particularly if the check doesn't say what it is for.  If the check actually said "repayment of loan", for example, that would be a different story, and your girlfriend might be barred from submitting evidence to contradict that the check was signed over in repayment of a loan.... Read More
It depends.  Why did she sign the check over to you?  Did she owe you money, or was she just doing it for convenience so that you could... Read More

can i appeal or have a new trial

Answered 13 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer
Generally speaking, you get one bite of the apple. The purpose of an appeal is to correct the court's mistake, not the defendant's. On appeal, you do not have an opportunity to raise issues that you failed to raise at trial. You have not, in your inquiry, set forth any facts entitling you to relief from the judgment entered against you.... Read More
Generally speaking, you get one bite of the apple. The purpose of an appeal is to correct the court's mistake, not the defendant's. On appeal, you do... Read More
Civil Litigation
Nebraska

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