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ONLY: Q. When & where do I use “Petitioner” & “Respondent”

For Wendy ONLY: Q. When &...
For Wendy ONLY:
Q. When & where do I use “Petitioner” & “Respondent” vs. “Appellant” & “Appellee”?
Q. Which words are plural: a.) Finding or Fact? b.) Conclusion or Law?
Q. Do I always need to use “where” instead of “when” in my issue statements, for example: “Did the X Court err in its Finding of Facts where (not “when”?) such findings ...?”
Q. Is it correct that my point as appellant is that the findings by the court were incorrect on their face and, therefore, the rendering of the judgments was incorrect as well since the judgments were based on such factually incorrect findings by the trial court?
Q. What are the differences among all of these: Questions of Law vs. Questions of Fact; Issues of law vs. Issues of Fact; and Actions at Law vs. Actions in Equity?
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Answered in 9 hours by:
6/28/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,403
Experience: Member at Keefer & Keefer LLC
Verified

Hello again! I have attempted to answer each of your questions below:

1) You can opt to use Appellant (as the one appealing) and Appellee (as the one responding to the appeal) or Petitioner/Respondent. For the court's ease in following your discussion, you will likely want to pick one or the other to use and sometimes people will pick Petitioner/Respondent or Appellant/Respondent rather than Appellant/Appellee, because Appellant/Appellee can get confusing.

2) The first of each of these phrases is made plural if there is more than one - Findings of Fact and Conclusions of Law.

3) You can use any question introduction for your issues - When, Where, How, Did, whichever one works best for the issue. There is no right or wrong here.

4) If you can say that there was no evidence on which the court could have found the facts it did, then that is the error. If there is evidence, you just dispute the evidence, then you may be arguing more the legal application to the facts or whether certain evidence should have been considered at all.

5) Questions and Issues of Law are the same thing - this is where there is an issue about how the law applies to a certain situation or what the law actually means or is; Questions and Issues of Fact are the same thing - this is where there is a dispute about what the facts are or whether there was sufficient evidence to find the facts as the lower court did; Actions at law are cases that involve application of clear legal standards (e.g., criminal cases, breach of contract, personal injury, etc.). Actions in equity involve those courts (in S.C. the family courts and the Masters in Equity) that apply the law but also consider whether an outcome is equitable/fair. There are also some defenses that are equitable in nature (e.g., in a claim in a business dispute, a defense may be that the other side waived compliance with a contractual term and thus cannot fairly now seek to enforce it or that the other side comes to the court with "unclean hands" having itself broken a promise in a contract, for example).

I hope this helps. Let me know if you need anything further. If I answered your questions and provided excellent service, I would greatly appreciate another 5 star rating.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,403
Experience: Member at Keefer & Keefer LLC
Verified
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Customer reply replied 1 month ago
Thank you.
So the words "fact" & "law" are always singular, correct?
Did my Statement of Issues file show up as an attachment to my above questions? I just now attached it to this and I will try to get it to you another way b/c it contains the most important questions.
When I rate ur answer, it seems like I lose the thread we had been on, so please check each of our past threads for other questions, ok?

See my thoughts on the attached.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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And, yes fact and law remain singular.

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Customer reply replied 1 month ago
1-W. Did the Probate Court lack subject matter jurisdiction to interpret and to rule on issues related to the marital estate of the Petitioner and Decedent where such matters related specifically to enforcement of the Family Court’s orders and other matters which are exclusively within the jurisdiction of the Family Courts of this State and where the Probate Court’s rulings on such issues denied Petitioner’s substantial right to her property?
WENDY, HOW DOES THIS SOUND?
DID THE PROBATE COURT LACK SUBJECT MATTER JURISDICTION TO RULE ON ISSUES RELATED TO THE FRAUDULENTLY [OR ILLEGALLY OR UNLAWFULLY] TRANSFERRED AND CONCEALED MARITAL ESTATE ASSETS AND OTHER MATTERS OF THE PETITIONER AND DECEDENT AND TO [OR INCLUDING] THE ENFORCEMENT OF THEIR DIVORCE ORDERS WHERE SUCH MATTERS ARE EXCLUSIVELY WITHIN THE JURISDICTION OF THE FAMILY COURTS OF THIS STATE AND WHERE THE PROBATE COURT’S RULINGS ON SUCH ISSUES DENIED PETITIONER’S SUBSTANTIAL RIGHT TO HER PROPERTY?
Did the Probate Court lack subject matter jurisdiction to rule on issues related to the marital estate and to the divorce orders of the Petitioner and Decedent where such matters are exclusively reserved for identification, division and enforcement by the Family Courts of South Carolina and where the Probate Court’s rulings on such issues denied Petitioner’s substantial right to her property?OK 2-W. Should the Probate Court have subject matter jurisdiction over any of these issues, which Petitioner contests, did it err in granting summary judgment where the Probate Court failed to consider each hidden asset separately, failed to rule on each such asset, and ignored the genuine issues of material fact related to the hidden assets?RE: 3-W Wendy, DOES “CONSIDERING” MEAN THINKING AHEAD OF TIME ABOUT WHETHER OR NOT THE CT. OUGHT TO HEAR THE MOTION AT THAT STAGE OF THE PROCEEDINGS or DOES IT MEAN ACTUALLY HEARING THE MOTION? IF THE LATTER, THEN WHAT ABOUT ADDING AT THE END: “AND WHERE THAT RULING DEPRIVED PETITIONER OF HER RIGHT TO DUE PROCESS OR RT. TO A FAIR TRIAL?
3-W. Did the Probate Court err in prematurely considering the motion for summary judgment
where that court was informed of and had full knowledge that relevant information had been improperly concealed [FROM THE PETITIONER AND THE COURT?] such that the information existing and necessary for opposition to the motion could not be properly put forward AND WHERE THAT RULING DEPRIVED PETITIONER OF HER RIGHT TO DUE PROCESS OR RT. TO A FAIR TRIAL?
3A-W. Did the Probate Court, in refusing to compel the opposing party to produce PETITIONER‘S REQUESTED DOCUMENTS AND OTHER relevant information, which information would have shown clear issues of material fact such that summary judgment was inappropriate, deprive Petitioner of her Right to Due Process? OR RT. TO A FAIR TRIAL?
OK 4-W. Did the Probate Court err in failing to apply the proper standard in granting summary judgment, by failing to recognize the existence of clear and genuine issues of material fact relating to the relevant assets?Did the Probate Court err (OR Is the P.Ct. liable where it told opposing counsel that he did not need to reiterate all his points ( have to check exact words) during the SJH where there was no judicial notice? Not sure I understand this issue/what happened here. EXPLATION
DURING SUM. J’MENT HEARING (SJH ), THE JUDGE TOLD THE MOVANT (ESTATE ATTY.) THAT IT WAS NOT NECESSARY FOR HIM TO REITERATE, DURING THE HEARING, ALL HIS POINTS FROM HIS MEMORANDUM IN SUPPORT OF HIS MOTION 4 S.J. I DIDN’T HAVE VERY MUCH IN MY OPPOSITION 2 SUMMARY JUDGMENT B/C I WAS SO-O INTIMIDATED AS I HAD READ IN SEVERAL ARTICLES ONLINE THAT ONE BETTER GET THE FORMAT AND EVERYTHING ELSE CORRECT OR FORGET ABOUT IT. IT WOULD HAVE BEEN VERY HELPFUL TO HAVE HAD MOVANT PRESENT ALL HIS POINTS (EVIDENCE) VERBALLY AT THE HEARING. I NOW WONDER IF THE JUDGE SAID THAT SO I WOULDN’T HAVE A CHANCE TO REFRESH MY MEMORY AND BE BETTER ABLE TO PROTEST EVEN THO I HAD ZERO TO BACK UP ANYTHING I SAID. DOES A JUDGE HAVE SUCH DISCRETION??? WAS THAT AN ABUSE OF JUDICIAL DISCRETION AND BIAS?? OH THAT JUDGE IS BIASED. HE MADE A REMARK AT AN EARLY HEARING SOMETHING TO THE EFFECT THAT WELL, WHY DIDN’T YOU FILE THIS SUIT UP NORTH OR IN MY HOMETOWN. I’LL HAVE TO LET YOU KNOW HIS WORDS WHEN I HEAR THE CDS OF THE HEARINGS WHICH I NOW HAVE
5. Did the opposing party commit fraud on the Court where it concealed Petitioner’s timely-filed Response to Respondent’s Request for Admission, and other concealed probative evidence from the Court? [DO I LIST ANYTHING ELSE HERE?]Q DID U MEAN 2 KEEP “FRAUD” IN THIS? 5. Did the opposing party’s lack of frankness and fraud on the Court, where it concealed Petitioner’s timely-filed Response to the Request for Admission, and other probative evidence from the Court, in violation of ethical responsibilities to be honest with the court, deprive Petitioner of Due Process and a fair, full and impartial hearing on?
Customer reply replied 1 month ago
Please review my Ques. and comments which are in bold font b/c color doesn't show up when I copy n paste.
Please see file named "Oh.docx"Atty. motioned 4 a dismissal of my appeal and of my m. 4 a time extension. He said that the req. 4 the latter is only 4 filing of briefs and Designation of Matter, NOT for filing a Statement of Issues. Can circuit judge deny atty's motions?
There's an entrenched "good-ole-boys" mind-set in that small town, plus the probate judge worked at same law firm as estate's atty. I wonder if I ought to request that this appeal be transferred to another city in SC. Judge is biased vs. Pro se litigants, women, and non-South Carolinians, in particular, I think, Northerners. He let slip a comment early on that I should have filed this up north.

Issue one looks good.

Regarding issue 3 - considering in this context means that summary judgment should not even be entertained until all information has been exchanged.

Due process may be a better claim than "fair trial" in this situation; though due process is essentially the guarantee of a full and fair opportunity to be heard.

In connection with issue 4, the statement by the court that the points in the memorandum need not be reiterated was not actually an error but a way to save time. Essentially, this happens where the court has read the memo and does not need an attorney to stand there and essentially read those issues or points to the court. That doesn't mean he handled everything correctly, but this is a common approach by judges who do not want to sit there and listen to any more than necessary.

The wrongdoing of the opposing attorney is not typically a basis for appeal, but instead may better be part of the argument under the discussion of your not yet having all the information due to the fraud. What is an issue is the erroneous statement that you did not respond to requests to admit. So, framed as a court error: Did the probate court err in accepting facts as true based solely on the erroneous representation of counsel that Petitioner had not timely responded to requests to admit, which representation was false?

You can request an extension of any deadline; I am not aware of any reason you could not request it for statement of issues, as well as briefs.

You may want to consider adding as an issue - "Did the probate court err in not recusing himself from consideration of this case given his prior employment with the estate attorney's law firm?"

I hope this addressed your questions; let me know if I missed anything.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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