Was the State of Georgia authorized to dismiss an Answer to a Complaint, if the respondent’s Answer failed to include all the statutory legal and factual requirements required by law?

Was the State of Georgia authorized to dismiss an Answer to a Complaint, if the respondent’s Answer failed to include all the statutory legal and factual requirements required by law?
May 25, 2021 No Comments Assignment Assignment help

How to Brief a Case The basic elements of a case brief are: Case TitleCitation and Year decidedFactsMain issueCourt decisionHoldingRationaleThe case of State of Georgia v. Alford, 264 Ga. 243 (1994) could be briefed in the following way: Case Title: State of Georgia v. AlfordCitation: 264 Ga. 243; Year decided: 1994Note: This means the case of State of Georgia v. Alford is found in volume 264 of the Georgia Reporter, starting at page 243 and it was decided in 1994. Facts: The State filed an in rem complaint for forfeiture of certain property belonging to Rickey and Sarah Alford based on seizing 12.9 grams of cocaine, and a handgun in their mobile home. The action was filed under the Civil Practice Act. The respondents, Rickey and Sarah Alford file a cursory Answer to the State’s complaint of forfeiture. They later and untimely filed an amended Answer which merely alleged their innocent ownership, without specifying any legal and factual basis thereof. The State of Georgia moved to dismiss the amended Answer since their Answer was not in compliance with the statue. The Georgia Court of Appeals ruled that the respondent’s pleading was sufficient.Note: You must determine what minimum facts must be included in your brief so that somebody who has not read the whole case will nonetheless understand the major issue of the case. Main issue: Was the State of Georgia authorized to dismiss an Answer to a Complaint, if the respondent’s Answer failed to include all the statutory legal and factual requirements required by law?Note: The issue statement must always be in question form. What are the parties fighting about? The main issue is not the procedural decision to affirm or reverse the lower court’s decision. The main issue is the legal issue of the case. Court decision: The Georgia Supreme Court ruled in favor of the State’s action and affirmed the State’s civil forfeiture of the property.Note: The court decision answers two questions: Did the court affirm or reverse the decision. The court may also return the case for further development or order a lower court to make factual findings on certain issues. Holding: The Supreme Court ruled that in civil forfeiture proceedings the respondent must set forth facts and legal defenses in compliance with the statute to allege their innocent ownership. This Answer must be filed in a timely manner to be considered by the court. A bare allegation of innocent ownership is insufficient under the Civil Practice Act. The Appellate Court is reversed and the forfeiture is affirmed. Rationale: The legal reasoning for the court’s decision. This is taken from the judge’s opinion. It answers the question “Legally, why did the court decide the way it did. This is based on the facts of the case as they are applied to the precedence of previous case decisions.