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80-510: The Fishman Affidavit is a set of court documents submitted by self-professed ex-Scientologist Steven Fishman in 1993 in the federal case, Church of Scientology International v. Fishman and Geertz (Case No. CV 91-6426 (HLH (Tx) United States District Court for the Central District of California ). The affidavit contained criticisms of the Church of Scientology and substantial portions of

160-436: A jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. Usually, lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with

240-413: A voluntary dismissal , so that the settlement agreement is never entered into the court record. The decisions that the jury makes are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records. In a civil case, the judge is allowed at this time to make changes to the verdict that the jury came up with by either adding on or reducing

320-528: A "civil action." In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant . England and Wales began to turn away from traditional common law terminology with the Rules of the Supreme Court (1883), in which the "statement of claim" and "defence" replaced the traditional complaint and answer as the pleadings by which parties placed their case at issue before

400-502: A Scientologist, but a nutcase who had amassed a huge library of Scientology materials which he studied closely so he could talk as though he knew what he was talking about — at least to the uninitiated." In addition to there being no historical Scientology completions for Steven Fishman listed, produced, or published, many since- apostatized Scientologists named in Fishman's self-published memoir, Lonesome Squirrel , have categorically refuted

480-409: A copy of the complaint to notify the defendants of the nature of the claims. Once the defendants are served with the summons and complaint, they are subject to a time limit to file an answer stating their defenses to the plaintiff's claims, which includes any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff. In a handful of jurisdictions (notably,

560-819: A court filing led to the first public confirmation by the Church of Scientology of its doctrines regarding Xenu and the Wall of Fire. Fishman was serving a 21-year sentence on charges of wire fraud and money laundering, and was scheduled to be released on October 28, 2028. He was released on January 8, 2021. The origins of Fishman's dispute with the Church of Scientology lay in a fraud scheme he conducted from 1983 to 1988. Fishman joined dozens of class action lawsuits by presenting stock purchase confirmations he had stolen from his employer and forged. In this manner, he made approximately one million dollars, as much as 30 percent of which he spent on Scientology materials and services. Fishman

640-405: A declaration on behalf of Lawrence Wollersheim in 1993, claiming firsthand knowledge of tactics the Church had used to interfere with Wollersheim's lawsuit against the church. In the declaration (affidavit), Fishman alleged the Church had drowned the trial judge's dog and made harassing phone calls to Wollersheim at night. A substantial amount of controversy regarding Fishman's involvement with

720-492: A fellow Scientologist, and Richard Ofshe , an expert witness for his defense. The Church says the documents were stolen and considers them to be copyrighted and a trade secret . Among other materials, the affidavit contains 61 pages of the allegedly trade-secret and copyrighted story of Xenu . The Fishman Affidavit contains much text from the old versions of the Operating Thetan levels. The versions of OT I to OT VII in

800-491: A forgery. Fishman stated that he had obtained his copy of OT VIII from Ofshe, a different source than his copies of the other OT Levels, purchased from a fellow Scientologist. The Church of Scientology dropped its libel case against Fishman and Geertz in 1994. An important side aspect of the case was the fact that several high-ranking Scientology officials and lead attorneys for the organization and former high-ranking Scientologists submitted declarations on their activities for

880-401: A history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal. When

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960-408: A reply to this counterclaim. The defendant may also file a " third party complaint ", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for

1040-495: A series of documents to a motion to reconsider venue . This filing has since become known as the Fishman Affidavit . It included purported Scientology documents describing obstructionist tactics to use in the event of an arrest, as well as versions of Operating Thetan levels I through VII and purported excerpts of OT VIII . Fishman's filing placed the advanced materials on record at the district court, available for viewing by

1120-407: A share of the ultimate settlement or award. If the case ultimately loses, the litigant does not have to pay any of the money funded back. Legal financing is different from a typical bank loan in that the legal financing company does not look at credit history or employment history. Litigants do not have to repay the cash advance with monthly payments, but do have to fill out an application so that

1200-415: A trial. It is sometimes said that 95% of cases end in settlement; few jurisdictions report settlements, but empirical analysis suggests that the settlement rate varies by type of lawsuit, with torts settling around 90% of the time and overall civil cases settling 50% of the time; other cases end due to default judgment , lack of a valid claim, and other reasons. At trial, each person presents witnesses and

1280-415: Is a generalized description of how a lawsuit may proceed in a common law jurisdiction: A lawsuit begins when a complaint or petition, known as a pleading, is filed with the court. A complaint should explicitly state that one or more plaintiffs seek(s) damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by

1360-416: Is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending

1440-588: Is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have

1520-486: Is called appearing pro se . Many courts have a pro se clerk to assist people without lawyers. A pretrial discovery can be defined as "the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial" and allows for the evidence of the trial to be presented to the parties before the initial trial begins. The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery , which

1600-437: Is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are being sued and that they are limited in the amount of time to reply. The service provides

1680-399: Is no reasonable way that the other party could legally win and therefore there is no sense in continuing with the trial. Motions for summary judgment , for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict contrary to law or against the weight of the evidence, or to convince

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1760-404: Is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims or defenses. At this point, the parties may also engage in pretrial motions to exclude or include particular legal or factual issues before trial. There is also

1840-453: The Fishman Case ; in which he characterizes Steven Fishman as a "squirrel" (or Independent Scientologist ). He describes Fishman as follows: "Actual longtime Scientologists will tell you that the material in [Fishman's] book, as well as Fishman's statements on his notorious set of videos (recorded by his attorney to prove to the court that Fishman was a lunatic) prove that Fishman was never

1920-493: The Operating Thetan auditing and course materials. The documents were brought as exhibits attached to a declaration by Steven Fishman on 9 April 1993 as part of Church of Scientology International v. Fishman and Geertz . Along with Kendrick Moxon and Laurie Bartilson, Timothy Bowles was one of the lead attorneys for the Church of Scientology in the case. Fishman told the court that he had committed crimes on behalf of

2000-469: The U.S. state of New York ) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendants. In such jurisdictions, nothing must be filed with the court until a dispute develops requiring actual judicial intervention. If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to

2080-519: The Church of Scientology has arisen in the decades following the case. Initially, the allegations questioning Fishman's involvement came solely from the Church itself and their legal team, who pursued the libel suit recognizing that he was not in their records. In 2015, notable Scientology critic Tony Ortega published an exposé on the affair; in which he characterizes Fishman as a “squirrel” or Independent Scientologist . He describes Fishman as follows: “Actual longtime Scientologists will tell you that

2160-411: The Church of Scientology has emerged in the decades since the affair. The allegations calling Fishman's involvement into question initially came solely from the Church (CoS) itself and their legal representation, who pursued the libel suit after discovering that he was not in their member data or records. In August 2015, prolific Scientology critic and investigator Tony Ortega published an exposé on

2240-575: The Church of Scientology, giving thereby insight into the internal ongoings of the Scientology management. Among others, declarations were submitted by: Although the Church of Scientology attempted to prevent others from receiving the document by continuously borrowing it, the text of this declaration and its exhibits were scanned, converted to text , and posted onto the Usenet newsgroup alt.religion.scientology by ex-Scientologist Arnie Lerma . The material

2320-499: The Church. He also attested that he was assigned to murder his psychologist, Dr. Uwe Geertz, and then commit suicide . Fishman received a mail fraud conviction three years earlier, and he claimed being brainwashed by the Church and that he had committed the crime to cover the cost of his Scientology sessions. The court rejected Fishman's defense and he was soon after sued for libel by Scientology. As evidence, Fishman submitted course materials he said that he purchased from Ellie Bolger,

2400-639: The Fishman Affidavit are considered authentic as the church's Religious Technology Center (RTC) brought copyright lawsuits over their release on the Internet . Fishman's description of OT VIII contains what many interpret as the accusation that Jesus was a pedophile . After initially asserting copyright to all the OT level descriptions in the affidavit, RTC amended its claim to remove the OT VIII description, calling it

2480-412: The ability of one to make an under-oath statement during the pretrial, also known as a deposition. The deposition can be used in the trial or just in the pretrial, but this allows for both parties to be aware of the arguments or claims that are going to be made by the other party in the trial. It is notable that the depositions can be written or oral. At the close of discovery, the parties may either pick

Fishman Affidavit - Misplaced Pages Continue

2560-478: The ability of one to present claims or defenses at any subsequent trial, or even lead to the dismissal of the lawsuit altogether. Though the majority of lawsuits are settled before ever reaching trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine , for example in the United States ), or vice versa. It

2640-486: The ability to enforce a judgment if the defendant's assets are theoretically outside their reach. Lawsuits can become additionally complicated as more parties become involved (see joinder ). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants. Each of these participants can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into

2720-414: The allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against

2800-481: The approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment. Particularly in the United States, plaintiffs and defendants who lack financial resources for litigation or other attorney's fees may be able to obtain legal financing . Legal financing companies can provide a cash advance to litigants in return for

2880-471: The attorneys representing them are called litigators. The term litigation may also refer to the conducting of criminal actions (see criminal procedure ). The word "lawsuit" derives from the combination of law and suit. Suit derives from the old French "suite, sieute" meaning to pursue or follow. This term was derived from the Latin "secutus", the past participle of "sequi" meaning to attend or follow. Similarly,

2960-514: The basis of their theories in this and other cases. In 1991, while Fishman was still incarcerated, Time magazine published a highly critical cover story on Scientology by Richard Behar . The story mentioned Fishman's fraud conviction and the alleged plot to eliminate him and Geertz. The church responded by filing libel lawsuits against Time Warner , Behar, and Fishman and Geertz jointly. In support of his contention that he had been brainwashed and ordered to murder Geertz, Fishman attached

3040-431: The church have accused it of intentionally using lawsuits in these and other cases as SLAPP suits, intended to silence their opposition. Critics of Steven Fishman have produced the affidavit of Kenneth D. Long, a Scientology executive, which states that Fishman received services from a Scientology mission, did a few introductory courses, never worked for the Church or CCHR , and did not get any auditing or do any courses at

3120-468: The church hired Scientologist inmate Luis Martinez to kill him in prison. He was paroled in mid-1993. According to Anthony, who had opposed Ofshe and Singer, Fishman's criminal case was one of several in which they had attempted to introduce their ideas of coercive persuasion by religious groups. The court's admissibility ruling came as a setback to American critics of cults . Ofshe and Singer sued Anthony unsuccessfully, claiming that he mischaracterized

3200-461: The church to prove it was actually the copyright holder of the disputed documents. The other notable case in connection with this was against Dutch writer Karin Spaink . The Church brought suit on copyright violation grounds for reproducing the source material, and claimed rewordings would reveal a trade secret. In 2003, Spaink won the case, with the court holding that her quotation of Scientology works

3280-421: The church's claims against Time Warner and Behar, finding that they had not acted with actual malice insofar as the church was concerned. The church dropped its claims against Fishman and Geertz after Geertz's legal team served subpoenas upon such Scientologist celebrities as Kelly Preston , Juliette Lewis and Isaac Hayes . The court record in the Fishman case remained open to the public. Fishman submitted

Fishman Affidavit - Misplaced Pages Continue

3360-475: The church. So we reached out to them and they confirmed for us that nothing in the book associated with them actually happened. “Lonesome Squirrel” is an incredibly creative work of fiction that has enough actual names and locations and quotations from L. Ron Hubbard’s work that it has a veneer of authenticity. Steven Fishman Steven Fishman (born 1949) is an American former Scientologist whose inclusion of Scientology's secret Operating Thetan levels in

3440-505: The claimant, policyholder, or applicant files a lawsuit with the courts to seek review of that decision, and from that point forward participates in the lawsuit as a plaintiff. In other words, the terms "claimant" and "plaintiff" carry substantially different connotations of formality in American English, in that only the latter risks an award of costs in favor of an adversary in a lawsuit. In medieval times, both "action" and "suit" had

3520-642: The codified text of the Ku Klux Klan Act . The fusion of common law and equity in England in the Judicature Acts of 1873 and 1875 led to the collapse of that distinction, so it became possible to speak of a "lawsuit." In the United States , the Federal Rules of Civil Procedure (1938) abolished the distinction between actions at law and suits in equity in federal practice, in favor of a single form referred to as

3600-421: The costs of litigation and attorneys' fees, and for this reason, many litigants turn to reputable legal financing companies to apply for a cash advance to help pay for bills. Defendants, civil rights organizations, public interest organizations, and government public officials can all set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where

3680-413: The doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction, such as: If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of

3760-430: The events of the book mentioning them, and denied having known him altogether. Fishman has long asserted that he received OT levels I-VII and VIII respectively from two Sea Org members. Although Ortega professes skepticism regarding this, he states he believes the document to be authentic nonetheless. As we began reading “Lonesome Squirrel,” we realized that some of the people named in it have, 20 years later, come out of

3840-468: The events of the book mentioning them, and denied having known him altogether. Fishman himself has long asserted that he received OT levels I to VII and VIII respectively from two Sea Org members on separate instances. Ortega, though professing skepticism regarding this, states that he believes the OT-VIII document to be authentic nonetheless. As we began reading "Lonesome Squirrel," we realized that some of

3920-414: The evidence collected is recorded. After this occurs, the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, however, the defendant may have the burden of proof on other issues, such as affirmative defenses . The attorneys are held responsible in devising a trial strategy that ensures they meet the necessary elements of their case or (when

4000-461: The general public. Despite an unsuccessful church motion to seal the court record and efforts to keep the court files continuously checked out, former Scientologist Arnaldo Lerma obtained the affidavit and posted it on the internet , after which it spread uncontrollably. In the process of suing Lerma for copyright infringement , the church confirmed that the copies of levels I through VII were accurate. A federal district court summarily dismissed

4080-603: The internet. For example, in the case of William J. Ralph Jr. v. Lind-Waldock & Company (September 1999), one would assume that Ralph lost the case when in fact, upon review of the evidence, it was found that Ralph was correct in his assertion that improper activity took place on the part of Lind-Waldock, and Ralph settled with Lind-Waldock. Cases such as this illustrate the need for more comprehensive information than mere internet searches when researching legal decisions. While online searches are appropriate for many legal situations, they are not appropriate for all. The following

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4160-562: The interview, he discussed in detail various aspects of Scientology doctrine, his own Scientology involvement, and the church's response to his arrest. Fishman claimed that church staff had ordered him to murder his psychologist , Uwe Geertz, who had knowledge of his Scientology involvement, and then to commit suicide . At the same time, according to Fishman, he participated in a conspiracy with church staff to deflect accusations of church involvement, by submitting fake documents and making false statements to his defense team. For these acts he

4240-416: The judge to change the decision or grant a new trial. Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw the complaint and end the whole matter, or the defendant may agree to a settlement. If the case settles, the parties might choose to enter into a stipulated judgment with the settlement agreement attached, or the plaintiff may simply file

4320-416: The lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution. The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear. The initial step in making an appeal consists of

4400-408: The lawsuit is finally resolved, or the allotted time to appeal has expired, the matter is res judicata , meaning the plaintiff may not bring another action based on the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled on in a previous lawsuit will be estopped from doing so. When a final judgment is entered, the plaintiff is usually barred under

4480-467: The legal financing company can review the merits of the case. Legal financing can be a practical means for litigants to obtain financing while they wait for a monetary settlement or an award in their personal injury , workers' compensation , or civil rights lawsuit. Often, plaintiffs who were injured or forced to leave their jobs still have mortgages , rent, medical expenses, or other bills to pay. Other times, litigants may simply need money to pay for

4560-405: The lower court. There were no errors made, the case would then end, but if the decision was reversed, the appellate court would then send the case back down to the lower court level. There, a new trial will be held and new information taken into account. Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to

4640-611: The main Miami church, which would conflict with his claims. Vicki Aznaran, a former Scientologist who was involved in anti-Scientology litigation before retracting her claims as part of a settlement with Scientology, gave a declaration through Scientology attorneys in which she states various allegations made by Steven Fishman and other church critics are untrue, contradicting her previous declaration given in CSI v. Fishman and Geertz . A great deal of controversy with regards to Fishman's involvement with

4720-601: The material in [Fishman’s] book, as well as Fishman’s statements on his notorious set of videos (recorded by his attorney to prove to the court that Fishman was a lunatic) prove that Fishman was never a Scientologist, but a nutcase who had amassed a huge library of Scientology materials which he studied closely so he could talk as though he knew what he was talking about — at least to the uninitiated.” In addition to there being no listed Scientology completions for Steven Fishman ever published, many now ex-Scientologists mentioned in his book, Lonesome Squirrel , have categorically refuted

4800-486: The members contribute to the fund. Unlike legal financing from legal financing companies, legal defense funds provide a separate account for litigation rather than a one-time cash advancement, nevertheless, both are used for purposes of financing litigation and legal costs. There was a study conducted in the Supreme Court Economic Review that shows why litigation financing can be practical and beneficial to

4880-406: The motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer. Usually the pleadings are drafted by a lawyer , but in many courts persons can file papers and represent themselves, which

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4960-399: The opposing party has the burden of proof) to ensure the opponent will not be able to meet his or her burden. There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely"—before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that there

5040-572: The other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, however, courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be " judgment-proof ." The term is generally a colloquialism to describe an impecunious defendant. Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in

5120-592: The people named in it have, 20 years later, come out of the church. So we reached out to them and they confirmed for us that nothing in the book associated with them actually happened. "Lonesome Squirrel" is an incredibly creative work of fiction that has enough actual names and locations and quotations from L. Ron Hubbard's work that it has a veneer of authenticity. Lawsuit A lawsuit may involve resolution of disputes involving issues of private law between individuals, business entities or non-profit organizations . A lawsuit may also involve issues of public law in

5200-410: The petitioner filing a notice of appeal and then sending in a brief, a written document stating reason for appeal, to the court. Decisions of the court can be made immediately after just reading the written brief, or there can also be oral arguments made by both parties involved in the appeal. The appellate court then makes the decision about what errors were made when the law was looked at more closely in

5280-451: The plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make

5360-400: The plaintiffs. As the initial pleading, a complaint is the most important step in a civil case because a complaint sets the factual and legal foundation for the entirety of a case. While complaints and other pleadings may ordinarily be amended by a motion with the court, the complaint sets the framework for the entire case and the claims that will be asserted throughout the entire lawsuit. It

5440-400: The plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase. Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that

5520-421: The punishment. In criminal cases the situation is a little different, because in this case the judge does not have the authority to change the jury decision. After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It is not necessarily an automatic appeal after every judgment has been made, however, if there

5600-485: The same jurisdiction. It is important for litigants to be aware of all relevant procedural rules (or to hire competent counsel who can either comply with such rules on their behalf or explain the rules to them), because the litigants ultimately dictate the timing and progression of the lawsuit. Litigants are responsible for obtaining the desired result and the timing of reaching this result. Failure to comply with procedural rules may result in serious limitations that can affect

5680-411: The sense that the state is treated as if it were a private party in a civil case, either as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for injuries caused by agents of the state. Conducting a civil action is called litigation. The plaintiffs and defendants are called litigants and

5760-451: The suit on either side after it progresses. In reality, however, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so. A court can do this if there is not a sufficient overlap of factual issues between the various associates, separating the issues into different lawsuits. The official ruling of a lawsuit can be somewhat misleading because post-ruling outcomes are often not listed on

5840-400: The trial court. American terminology is slightly different, in that the term "claim" refers only to a particular count or cause of action alleged in a complaint. Similarly, "defense" refers to only one or more affirmative defenses alleged in an answer. Americans also use "claim" to describe an extrajudicial demand filed with an insurer or administrative agency. If the claim is denied, then

5920-422: The vast majority of common law jurisdictions. Scholars in law, economics and management have studied why firms involved in a dispute choose between private dispute resolution—such as negotiation, mediation, and arbitration—and litigation. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity . An example of that distinction survives today in

6000-545: The word "sue", derives from the old French "suir, sivre" meaning to pursue or follow after. This was also derived from the Latin word "sequi". Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules arise from statutory law , case law , and constitutional provisions (especially the right to due process ). The details of each kind of legal procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within

6080-593: Was acceptable and expressing concern about Scientology's attempts to prevent discussion of its doctrines. The Church appealed but dropped the case after a negative advice on the appeal from the Attorney-General to the court in March 2005. In December 2005, the court dismissed the appeal, making the previous ruling final. The Church has no further possibility for appeal due to their dropping the case. The ruling also reversed earlier decisions affecting hyperlinking . Critics of

6160-464: Was arrested in July 1988 and charged with several counts of fraud. The FBI also investigated the possibility of church involvement in the scheme. Fishman's attorney, Marc Nurik, had planned to use an insanity defense , offering false memory syndrome theorist Richard Ofshe and psychologist Margaret Singer as expert witnesses . Fishman sat for a seven-part videotaped interview with Ofshe and Nurik. In

6240-512: Was further charged with obstruction of justice . The court ultimately blocked Nurik's defense strategy by rejecting both expert witnesses, based on the testimony of opposing expert Dick Anthony . Fishman pleaded guilty to one count of mail fraud and one count of obstruction, and the court sentenced him on July 20, 1990, to five years imprisonment in the Butner Federal Correctional Institution . Fishman later claimed that

6320-493: Was liable and fined $ 2,500 but with no costs awarded to Scientology. Judge Brinkema also stated that the primary motivation for the case was "to stifle criticism of Scientology in general and to harass its critics." After being posted to the newsgroup, the documents were mirrored on hundreds of websites worldwide. The Church of Scientology responded by suing a number of people and their Internet service providers for copyright infringement . The defendants responded by challenging

6400-599: Was then placed on the World Wide Web by David S. Touretzky . Lerma's newsgroup posting resulted in the August 1995 raid of his home for copyright violation on the materials, and the resulting lawsuit Religious Technology Center (Scientology) vs Arnaldo Lerma, Richard Leiby, and The Washington Post . U.S. Federal Judge Leonie Brinkema ruled that while Richard Leiby and the Washington Post had not violated copyright, Lerma

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