Questions tagged [civil]

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3 answers
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How far does legal gymnastics go to remove liability?

Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all ...
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1 vote
2 answers
111 views

Cheapest Way To Sue Over Breach of Loan Contract?

6 months ago, I loaned a business friend $15000 to be repaid as $18,000 in a week. I have a complete contract which also includes the following section regarding lawyer fees for defaulting “Borrower ...
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0 votes
1 answer
27 views

Gave Loan After Due Date on a Contract. Is the contract still enforceable? [closed]

I loaned someone a sum of money on a contract that was dated on January 5th by both parties. The contract, however states the loan was to be sent on January 2nd and the money was sent on January 5th. ...
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  • 19
1 vote
1 answer
64 views

Is it possible to claim civil compensation for assault with video evidence available?

Obviously assault is a criminal matter, but what provisions are available that govern claiming civil compensation for assault for which indisputable video evidence exists? Is a police report required ...
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8 votes
1 answer
2k views

Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders?

Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order ...
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2 votes
1 answer
108 views

Gaslighting on verbal agreements... who is legally "right"?

Gaslighting on verbal agreements... who is legally "right"? Suppose that a party A agrees to hire party B for a job, and at the moment party B seems like the most viable candidate available, ...
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2 votes
1 answer
83 views

What are a debtor's risks in a small claims action

Suppose that several people share an apartment in Massachusetts. Suppose that the utility bills for that appartment were in the name of one resident, A, and A collected shares of the amounts due from ...
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1 vote
1 answer
94 views

How can you reference a fictitious business on the front page of a complaint?

Say you are about to sue a bunch of people who fancy looking like a legitimate business, and they pop up stores all over the place. Turns out, the DBA they run by has zero connection to a corporation ...
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2 votes
1 answer
57 views

Can a waiver of court cost include printing costs or fees?

Information Sheet on Fee Waiver of Superior Court Fees and Costs states that “If you ... want to sue someone ... and cannot afford to pay court fees and costs, you may not have to pay them in order to ...
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1 vote
2 answers
30 views

Power of Attorney Process Between 2 Individuals residing in Different states

Can my brother in Florida give me his Power of Attorney when I reside in North Carolina, not Florida?
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0 votes
1 answer
43 views

Are there any forms in California that brings two defendants to court?

Or do I just file for a case regularly and name the case name "person vs defendant 1 vs defendant 2". Then I give a summons sheet to both defendants respectively. Case type: Civil State: ...
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0 votes
0 answers
66 views

Is it illegally discriminatory for the Hospital Authority to dispense prescription drugs for free to just certain clusters?

"The Hospital Authority is a statutory body established under the Hospital Authority Ordinance in 1990. We have been responsible for managing Hong Kong's public hospitals services since December ...
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-1 votes
1 answer
64 views

will an attorney handle a case that involves taking the county of which he serves to court? [closed]

Will an attorney handle a case that involves taking the county he serves to court?? State of Washington county of Lewis.
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-1 votes
1 answer
65 views

Can I use the court report to show false statements? [closed]

I have filed a Motion for New trial in Texas. Lots of prejudice and bias on my end (not just me - all involved agree, of course). I had 5 hearings in 1 day, attorney quit week before (I caught her ...
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1 vote
3 answers
3k views

Do judges really care about perjury?

Much of what I have read gives the impression that Judges expect the parties in a divorce to lie. But if the lie is persuasive, it prejudices the Court. I do not see pointing this out to a Judge ...
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  • 39
2 votes
4 answers
94 views

Why is a jury trial more often used in criminal, rather than civil trails, in many countries?

This is the case in most common law countries. What is the commonly cited justification for this? Are jury trials shown to be more accurate than bench trials (particularly for criminal cases)?
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-1 votes
1 answer
70 views

Someone forged a bill of sale for my truck and sold it [closed]

I had a 1983 ford f150, my son and his ex friend were supposed to be working on it, well my son moved to another state due to trying to separate himself from the bad influence he was around. So when I ...
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2 votes
1 answer
73 views

What happens if service is not clear?

Suppose that I have issued a civil claim against a defendant under the UK's Civil Procedure Rules [CPR] §8, which is a simplified procedure often used if no material disputes of fact are involved. The ...
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15 votes
4 answers
4k views

Do police have a civil duty to do their job?

If someone steals my car and the police refuse to respond, and in fact prevent me from taking action to recover the car. Can police be sued for not doing their job? I.e., if I spend millions of ...
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1 vote
2 answers
77 views

can police officer advocate for the state or argue underlying law in a civil infraction with no prosecutor

Can a police officer advocate for the state or argue underlying law in a civil infraction with no prosecutor? I recently came across this statement by an attorney and was wondering its origins in case ...
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0 votes
1 answer
42 views

Paying for slightly more than claim amount after small court arbitration

I was wondering if there is a disposition for small claims court that was settled via arbitration (no appeal is allowed and the decision is final) - then would it be unlawful to pay more than the ...
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  • 101
1 vote
1 answer
95 views

Why didn't Nicholas Sandman name any individuals in his lawsuit against the Washington Post?

Why didn't Nicholas Sandman (Sandmann v. WP Company LLC, Dist. Court, ED Kentucky 2019) name the individuals working at the Washington Post who published the alleged libelous statements, as parties to ...
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0 votes
1 answer
50 views

Going to trial on civil conspiracy claim when underlying tort claim is settled?

If a fraud claim for example is settled against a certain party defendant, can a dependent civil conspiracy claim still stand against another defendant that did not commit the tort but conspired to do ...
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1 vote
1 answer
188 views

Reissue summons if service fails?

If a Plaintiff fails to serve a Defendant at the address listed in the Summons, does the Summons have to be reissued with the accurate address before service can take place or can service of process ...
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1 vote
1 answer
45 views

Negligent supervision in a Canadian graduate university program - legal remedy?

The Faculty of Graduate Studies handbook at my Canadian university provides clear guidelines for what supervisors and committees are expected to do. The supervisor in question has been delinquent with ...
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1 vote
2 answers
86 views

Why are some complaints accompanied by affidavits by the Plaintiff parties verifying the complaint's accuracy?

I assumed that the factual allegation in a complaint were always assumed true so an affidavit by the Plaintiff verifying the accuracy of the factual allegation would appear unnecessary, or? Why is ...
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0 votes
1 answer
43 views

Naming cause of action against business d/b/a/ "business name"

Can a plaintiff suing a business d/b/a/ "business name" assert a cause of action as follows: Count I Fraud (against "business name") or must he/she state: Count I Fraud (against "business")
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1 vote
2 answers
109 views

Can a single false statement give rise to two separate causes of action i.e. counts in a lawsuit?

Is it possible under US libel for a single false statement to give rise to two separate causes of action (i.e. counts) in a lawsuit? If the answer is yes, what would be some examples of this?
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0 votes
0 answers
124 views

Risky if Plaintiff does not sue all possible co-conspirators?

Is there a danger that if a Plaintiff in a civil case does not sue all co-conspirators but calls these unnamed conspirators as witnesses, that a jury might attribute less fault or no fault to the ...
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0 votes
2 answers
66 views

What plaintiff Pro -se can do if a Federal judge in civil personal injury case denied all her requests for subpoenas? [closed]

I am a Pro-Se Plaintiff in civil personal injury case against Walmart where I was badly injured. Since beginning of 2018 I am not able to receive subpoenas and Open Records from Atlanta Federal Court. ...
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21 votes
3 answers
8k views

Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?

I'm going to be changing some identifying details here. Alice attends Omega University. OU has a policy which restricts guests’ access to dorms to only certain hours on certain days. The day ...
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  • 1,534
1 vote
1 answer
252 views

What would someone be charged with if they did this as the patient before surgery?

In 2000 I had surgery. I had three wisdom teeth out in hospital. Two weeks before it I saw the surgeon. He handed me a form to fill out. It had about 50 checkboxes. Did I have AIDS, hepatitis or ...
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0 votes
1 answer
152 views

Escort receives prepayment for services and client sues [closed]

Can I be arrested in civil court pertaining to my ex-profession as an escort? I received a lump sum from a client to cover 150 services. I satisfied the loan but foolishly signed paperwork saying I ...
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-1 votes
1 answer
30 views

Revesal of Tax Preparation fee [closed]

I feel like this is a fraud from one of the Indian tax consulting firm called universal financials. They are supposed to do a reversal of fee they charged on my card by April 2018. I did many follow ...
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0 votes
1 answer
115 views

Police Officers Knocking at your door

When a police officer is knocking at your door, do they have to tell you or introduce themselves as police officers??
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2 votes
2 answers
3k views

Metropolitan District vs HOA in Colorado?

I am looking at purchasing new property in Colorado that is not part of a HOA but is part of a "metropolitan district". I had never heard of these before and tried to do research but they appear to be ...
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