A lawsuit or (much less commonly) "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.

A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.

The conduct of a lawsuit is called litigation. One who has a tendency to litigate rather than seek non-judicial remedies is called litigious.^[1] The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators.^[2]

Rules of procedure and complications in lawsuits[link]

Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are additionally constrained/informed by separate statutory laws, case law, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules will generally reflect this legal context on their face. The details of procedure differ greatly from jurisdiction to jurisdiction, and often from court to court within the same jurisdiction. The rules are very important for litigants to know, however, because they dictate the timing and progression of the lawsuit—what may be filed and when, to obtain what result. Failure to comply with the procedural rules may result in serious limitations upon the ability to present claims or defenses at any subsequent trial, or even dismissal of the lawsuit.

Though the majority of lawsuits are settled and never reach trial,^[3] they can 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 in the United States) or vice versa, or one state applying the law of another, and where it additionally may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant. For example, 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, as a practical matter, even have the ability to enforce a judgment if the defendant's assets are outside their reach.

Lawsuits 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 whom can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. However, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so, such as if there is not a sufficient overlap of factual issues between the various associates.

The progress of a lawsuit[link]

The following is a generalized description of how a lawsuit may proceed in a common law jurisdiction:

Pleading[link]

A lawsuit begins when a complaint is filed with the court. This complaint will state that one or more plaintiffs is seeking damages or equitable relief from one or more stated defendants, and will identify the legal and factual bases for doing so. It is important that the "plaintiff selects the proper venue with the proper jurisdiction to bring his lawsuit." The clerk of a court signs or stamps the court seal upon a summons, 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 have a specific time limit to file a response. By providing a copy of the complaint, the service also notifies 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, including any challenges to the court's jurisdiction, and any counterclaims they wish to assert against the plaintiff.

In a handful of jurisdictions (notably, the U.S. state of New York) a lawsuit begins when one or more plaintiffs properly serve a summons and complaint upon the defendant(s). In such jurisdictions, nothing needs to 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 by admitting the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California, still authorize general denials of each and every allegation in the complaint. At the time she or he files an answer, the defendant will also raise all "affirmative" defenses she or he may have. She or he may also assert any counterclaims for damages or equitable relief against the plaintiff, and in the case of "compulsory counterclaims," must do so or risk having the counterclaim barred in any subsequent proceeding. The defendant may also file a "third party complaint" in which she or he seeks to join another party or parties in the action if she or he believes those parties may be liable for some or all of the plaintiff's damages. 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. The motion must be filed within the time period specified in the summons for an answer. If all such motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), then 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 is called appearing pro se. Many courts have a pro se clerk to assist people without lawyers.

Pretrial discovery[link]

The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and to make the parties realize they should settle or drop frivolous claims and defenses. At this point the parties may also engage in pretrial motion practice in order to exclude or include particular legal or factual issues before trial.

At the close of discovery, the parties may either pick a jury and then have a trial by jury or the case may proceed as a bench trial heard only 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.

Trial and judgment[link]

At trial, each person presents witnesses and enters evidence into the record, at the close of which the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims. The defendant may have the burden of proof on other issues, however, such as affirmative defenses.

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 because there is no reasonable way that the other party could legally win, 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 that is contrary to law or against the weight of the evidence, or to convince the judge that she or he should change his 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 his or her 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 a voluntary dismissal, so that the settlement agreement is never entered into the court record.

Appeal[link]

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. Even the prevailing party may appeal, if, for example, 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 will then affirm the judgment, decline to hear it (which effectively affirms it), reverse, or vacate and remand, which involves sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before finally being resolved.

Some jurisdictions, notably the United States, prevent parties from relitigating the facts on appeal due to a history of unscrupulous lawyers deliberately reserving such issues (the "invited error" problem) in order to ambush each other in the appellate courts. 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, if a party does not raise an issue of fact at the trial court level, he or she generally cannot raise it upon appeal. Furthermore, appellate courts in such jurisdictions will not question the facts as found by a judge or jury in the trial court as long as there was some evidence in the record to support such findings, even if the appellate judge himself or herself would not have personally believed the underlying evidence if he or she had been present in the trial court when such evidence was entered into the record.

When the lawsuit has finally been resolved, or the allotted time to file an appeal has expired, the matter is res judicata. The plaintiff is precluded from bringing an action resulting from the same claim again. In addition, other parties who later attempt to re-litigate a matter already ruled upon from a previous lawsuit will be estopped from doing so.^[4]

Enforcement[link]

When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from trying to bring the same or similar claim again against that defendant, or from relitigating any of the issues, even under different legal claims or theories. This prevents a new trial of the same case with a different result, or if the plaintiff won, a repeat trial that merely multiplies the judgment against the defendant.

If the judgment is for the plaintiff, then the defendant must comply under penalty of law with the judgment, which will usually be 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:

• Writ of execution
• Bank account garnishment
• Liens
• Wage garnishment

If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, though 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."^[5] 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 the vast majority of common law jurisdictions.

History of the term "lawsuit"[link]

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 which survives today may be found in the text of the Civil Rights Act of 1871. 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 a "civil action."

In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant.

American terminology is slightly different, in that the term "claim" refers only to a particular count (or cause of action) in a lawsuit. Americans also use "claim" to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant (or policyholder or applicant) files a lawsuit with the courts and becomes a plaintiff.

In medieval times, both "action" and "suit" had 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.

Financing for Lawsuits[link]

In the United States, plaintiffs and defendants that lack financial resources for litigation or other legal expenses may be able to obtain legal financing. Legal financing companies can provide a cash advance to litigants in return for 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. 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 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. Oftentimes, 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 the costs of litigation and attorneys' fees. 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 set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where 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, though both are used for purposes of financing litigation and legal costs.

See also[link]

Look up lawsuit or actio popularis in Wiktionary, the free dictionary.

• Actio popularis
• compensation culture
• divorce lawsuit

• frivolous litigation
• Jonathan Lee Riches
• lawyer
• legal defense fund
• legal financing
• list of environmental lawsuits
• personal injury
• Power (philosophy)
• restorative justice
• revenge
• Thirteenth stroke of the clock
• Tort reform

References[link]

Greg Stokes

No. 41
Power forward / Center
Personal information
Born	(1963-08-05) August 5, 1963 (age 48) New Haven, Connecticut
Nationality	American
High school	Hamilton (Hamilton, Ohio)
Listed height	6 ft 10 in (2.08 m)
Listed weight	220 lb (100 kg)
Career information
College	Iowa (1981–1985)
NBA Draft	1985 / Round: 2 / Pick: 33rd overall
Selected by the Philadelphia 76ers
Pro career	1985–1992
Career history
1985–1986	Philadelphia 76ers
1986–1988	Dietor Bologna (Italy)
1988–1989	Joventut Badalona (Spain)
1989	Vismara Cantù (Italy)
1989	Sacramento Kings
1989–1990	Glaxo Verona (Italy)
1991	Southern Melbourne Saints (Australia)
1991–1992	Sioux Falls Skyforce (CBA)
Stats at Basketball-Reference.com
Medals Men's basketball Competitor for  United States Pan American Games Gold 1983 Caracas Team competition

Gregory Lewis "Greg" Stokes (born August 5, 1963, in New Haven, Connecticut) is a retired American professional basketball player who was selected by the Philadelphia 76ers in the 2nd round (33rd overall) of the 1985 NBA Draft. A 6'10" forward-center from the University of Iowa, Stokes played in 2 NBA seasons for the 76ers and Sacramento Kings. In his NBA career, Stokes played in 42 games and scored a total of 130 points. He played at Hamilton High School in Hamilton, Ohio in 1980-1981 and help lead team to a 25-1 record and regional finals appearance. He also played professionally in Italy and Australia.

References[link]

External links[link]

• Assistant Coach - Greg Stokes
• Greg Stokes - Hawkeye Sports News
• [1]

This biographical article relating to a United States basketball player, coach, or other figure born in the 1960s is a stub. You can help Wikipedia by expanding it. v t e

This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (February 2009)

Biz Markie
Background information
Birth name	Marcel Theo Hall
Also known as	The Diabolical Biz Markie, The Markie Kidd
Born	(1964-04-08) April 8, 1964 (age 48) Harlem, New York
Origin	Long Island, New York
Genres	Hip hop, comedy music
Occupations	Singer-songwriter, actor, producer
Years active	1983–present
Labels	Cold Chillin'/Warner Bros., Tommy Boy Entertainment
Associated acts	Juice Crew, Beastie Boys, Digital Underground
Website	www.bizmarkie.com

Marcel Theo Hall (born April 8, 1964,^[1] Harlem, New York) better known by his stage name, Biz Markie, is an American rapper, beatboxer, DJ, comedian, singer, reality television personality, and commercial spokesperson. He is best known for his single "Just a Friend", an American Top 10 hit in 1989. In 2008, "Just a Friend" made #100 on VH1's list of the 100 greatest hip hop songs of all time.

Markie has been called "the Clown Prince of Hip Hop."^[2][3]

Life and career[link]

Biz Markie's career began on Long Island, New York ^[4] in the early 1980s, where he established his reputation for beat-boxing and rapping. MC Shan and Roxanne Shante were part of Marley Marl's Cold Chillin' Records, and Biz beatboxed on Shante's underground hit "Def Fresh Crew" (1986). This lent credibility to his recording career and put Cold Chillin' on the map. In the same year, Biz Markie's debut single, "Make the Music With Your Mouth, Biz", was released on Prism Records. He released his debut album, Goin' Off, which attracted a fair amount of attention, largely due to the lead single, "Make the Music With Your Mouth, Biz". The album also featured the underground hit singles "Nobody Beats The Biz", "The Vapors" and "Pickin' Boogers".^[5]

I Need a Haircut sales were already low when Markie was served a lawsuit by Gilbert O'Sullivan, who claimed that the album's Alone Again featured an unauthorized sample from his hit "Alone Again (Naturally)". O'Sullivan's claim was upheld in a landmark ruling, Grand Upright Music, Ltd. v. Warner Bros. Records, Inc.,^[6] that altered the landscape of hip-hop, finding that all samples must be cleared with the original artist before being used. In accordance with the ruling, Warner Bros., the parent company of Cold Chillin', had to pull I Need a Haircut from circulation, and all companies had to clear samples with the samples' creators before releasing the records. This development reflected the increasing popularity of hip-hop and the financial stakes over which releases were set. Biz responded in 1993 with the mischievously titled All Samples Cleared!, but his career had been hurt by the publicity emanating from the lawsuit, and the record suffered accordingly. For the remainder of the decade, he occasionally made television appearances, including guest appearances on In Living Color (including as contestant Damian "Foosball" Franklin in the recurring game show sketch "The Dirty Dozens" and as Marlon Cain in "Ed Bacon: Guidance Counselor") and in a 1996 freestyle rap commercial on MTV2. He also made numerous guest appearances with the Beastie Boys, "Check Your Head" (1992), "Ill Communication" (1994), "Hello Nasty" (1998), and their anthology The Sounds of Science (1999). He also rapped on the song "Schizo Jam", on Don Byron's 1998 release, "Nu Blaxploitation" (Blue Note/Capitol) and worked with Canibus on the first track on the Office Space soundtrack (1999). He also rapped on the track "So Fresh" alongside Slick Rick on Will Smith's 1999 album "Willennium".

In 1996, he appeared on the Red Hot Organization's compilation CD, America is Dying Slowly, alongside Wu-Tang Clan, Coolio, and Fat Joe, among others. The CD, meant to raise awareness of the AIDS epidemic among African American men, was heralded as a masterpiece by The Source magazine.

In 1997 he appeared on the Rolling Stones' song Anybody Seen My Baby? on their album Bridges to Babylon. His part was shortened on some radio versions.

In 1999 he appeared on Len's song Beautiful Day on their album You Can't Stop the Bum Rush.

In 2002, he appeared as an alien in Men in Black II with Will Smith and Tommy Lee Jones, essentially playing an alien parody of himself, whose native language sounded exactly like beatboxing. Between 2002 and 2003 he appeared in episode 5 of the TV series Fastlane playing himself as a nightclub DJ. In 2003 he appeared in the international television series titled Kung Faux performing a series of voice over characters featured in a variety of episodes. In 2004, his song The Vapors appeared on the soundtrack of Rockstar's popular videogame Grand Theft Auto: San Andreas which featured an old school hip hop radio station, Playback FM. In 2005, Biz detoured from his recording duties to appear on the first season of the television show Celebrity Fit Club which challenged celebrities to lose weight by a combination of diet and exercise. Biz Markie lost more weight than anybody else in the competition. That year, he was also in an episode of The Andy Milonakis Show.

Biz Markie was a cast member on Nick Cannon's Wild 'n Out, seasons 1 and 3. Biz also does the beatboxing segment, Biz's Beat of the Day on the Nick Jr. show Yo Gabba Gabba!.

Biz Markie began 2008 opening for Chris Rock's "No Apologies" tour. Biz Markie's act includes spinning records ranging from old school hip hop to Lynyrd Skynyrd and then performing "Just a Friend".^[7] Biz Markie's playlist includes the following: "Children's Story" by Slick Rick, "Rapper's Delight" by The Sugarhill Gang, "Billie Jean" by Michael Jackson, "Holiday" by Madonna, "Wake Me Up Before You Go-Go" by Wham!, "It Takes Two" by Rob Base and DJ E-Z Rock, "The Breaks" by Kurtis Blow and "Robot Rock" by Daft Punk.

In December 2009, Biz Markie appeared in a RadioShack commercial, repeating the line: "Oh Snap! Guess what I saw!" from his song "Just A Friend".^[8] That same year saw his debut with Andy Milonakis in television commercials for the commercial Internet service, Tune Up.^[9]

In 2010, Biz Markie appeared on VH1's 100 Greatest Artists of All Time, providing commentary throughout the series. Biz Markie himself was not included on the list. On November 9, 2010, Biz appeared on The Aquabats! new EP, Radio Down! in the title track. On November 11, 2010, Biz sat in with The Roots on Late Night with Jimmy Fallon and performed "Just a Friend" with actor Jeff Goldblum.^[10]

Biz Markie also appeared in the Adventure Time season two episode Slow Love,^[11] which aired on November 15, 2010.

Discography[link]

Studio albums[link]

• 1988: Goin' Off
• 1989: The Biz Never Sleeps
• 1991: I Need a Haircut
• 1993: All Samples Cleared!
• 2003: Weekend Warrior

Compilations[link]

• 1994: Biz's Baddest Beats
• 1996: Schoolhouse Rock! Rocks
• 1998: On the Turntable
• 2000: On the Turntable 2
• 2002: Greatest Hits
• 2006: Make the Music with Your Mouth, Biz
• 2009: Ultimate Diabolical^[12]
• 2009: "Yo Gabba Gabba Music is Awesome!"
• 2010: The Aquabats Radio Down!

Singles[link]

References[link]

External links[link]

Wikimedia Commons has media related to: Biz Markie

• Biz Markie Official Website
• In-depth Biz Markie Interview
• VH-1 Biography
• Biz Markie at the Internet Movie Database

Alan Gura
Born	(1971-01-02) January 2, 1971 (age 41) Tel Aviv, Israel

Alan Gura (born January 2, 1971)^[1] is an American litigator practicing in the areas of civil litigation, intellectual property, and civil rights law at Gura & Possessky, P.L.L.C.

On March 18, 2008, he represented Dick Heller in the United States Supreme Court in District of Columbia v. Heller. Mr. Gura successfully argued that portions of D.C.'s Firearms Control Regulations Act of 1975 violate the individual right to keep and bear arms protected by the Second Amendment.^[2]

Gura was lead counsel in McDonald v. Chicago, an United States Supreme Court decision released June 28, 2010 that incorporated the Second Amendment against state and local governments.^[3]

On July 13, 2009 Legal Times named Mr. Gura to the list of “40 Under 40” of Washington D.C.’s rising legal stars.^[4]

Personal history[link]

Gura was born in Israel and came to the United States with his family when he was 7, settling in Los Angeles.^[5]

Gura graduated from Cornell University and the Georgetown University Law Center. He was admitted to the State Bar of California in 1995.

Prior to founding Gura & Possessky, PLLC, Gura began his career by serving as a law clerk to the Honorable Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. Subsequently, as a Deputy Attorney General for the State of California, Gura defended the State of California and its employees in state and federal courts. Thereafter, Gura entered the private practice of law with the Washington, D.C. offices of Sidley & Austin. In February 2000, he left the firm to serve for a year as Counsel to the United States Senate Committee on the Judiciary, Subcommittee on Criminal Justice Oversight.

Gura is admitted as an active member in good standing in the District of Columbia Bar, the Virginia State Bar, and the State Bar of California. He is also admitted to practice before the United States Supreme Court; the United States Courts of Appeals for the Second, Fourth, Fifth, Sixth, Ninth, Eleventh, Federal, and District of Columbia Circuits; and the United States District Courts for the District of Columbia, the Eastern District of Virginia, and the Central, Southern, Eastern and Northern Districts of California.

Gura lives in Alexandria, Virginia with his family. He is a gun owner and considers himself a libertarian. He argues that self-protection is a fundamental right, because citizens in general cannot always depend on the government to protect them from criminals or tyrannical rulers.^[5]

References[link]

External links[link]

Wikimedia Commons has media related to: Alan Gura

• Gura & Possessky, P.L.L.C.
• D.C. Gun Case Blog
• Chicago Gun Case Blog