Questions tagged [civil-law]
For questions relating to non-criminal legal branch of [common-law] legal systems. Not to be confused with [civil-legal-system], relating to civilian or Roman law.
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What is the rationale for two-party consent laws? [closed]
In most US states, recording a conversation requires consent by one party to the conversation. But eleven states run on "two-party consent" laws, meaning that if both parties to the ...
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3
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Why is it called Civil Law? What's "civil" about it?
Why is a civil legal system referred to as a system of “civil” law? In what sense is it “civil”? Does the name derive from origins in or association with the civil code or code civil? In this case, ...
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Does a purely accidental act preclude civil liability for its resulting damages?
A recent answer by Dale M. States that:
A pure accident without any negligence on your part does not expose you to liability.
Is this the general rule? What is the basis for that being so if it is? ...
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Merchandise damaged prior to purchase
Imagine one is browsing items in the aisles of a grocery store and drops one of them accidentally on the floor so it breaks.
Must any grocery store would generally write it off and tell a customer not ...
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Property developers buying shared freehold blocks of flats (UK)
If a block of flats is shared freehold, say 20 flats and a developer buys a load, if they buy more than a certain % can they force the sale of the remaining flats?
The block is located in England and ...
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Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
If a landlord enters residential premises without receiving a judgment for possession and without the presence of a Special Civil Part Officer what recourse does the tenant have (in NJ)?
Can they be ...
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How did Dominion justify the 1.6 billion value they're suing Fox News for?
Dominion is suing for 1.6 billion in their defamation case against Fox News. Google tells me they make an annual income of less then 100 million and their entire company is only valued at 80 million. ...
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In the Dominion lawsuit at what point does a statement implying, but not explicitly stating, fraud occurred rise to the level of defamation?
It seems the primary defense Fox News' lawyers are making in the Dominion defamation lawsuit seems to be that Fox was only sharing alleged allegations and expressing opinion, but they never explicitly ...
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How did the “American rule” as to legal costs originate?
At some point the US diverged from its common law ancestor, the English system, and the respective divergences came to be known as the American and English rules. The American rule is that parties ...
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when are attorney’s fees recoverable by a prevailing party?
In the American rule it is only in certain infrequently occurring circumstances that a prevailing party can recover legal costs. What are these circumstances?
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Can litigants in person claim other costs than their time?
Suppose an in person litigant wins their case. Now suppose they wish to seek costs from their counterpart. Typically this is assessed at £19ph. But what if this litigant was disabled, for example ...
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Why is the standard for proof of guilt much lower in civil law systems? [closed]
and a lot of guarantees like right against self incrimination are also not available in civil law systems. What is the reason behind this? It is said that the stakes are much lower in civil cases, but ...
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How did Dominion legally obtain text messages from Fox News hosts?
In the current case of Dominion v Fox News, we saw that text messages from Fox News hosts have been admitted as legal evidence in court.
My understanding was that text messages either had to be turned ...
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Where do bailiffs store seized goods prior to auction?
Is the answer to this legally regulated? I would expect yes quite closely so, but do not Know.
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Is TfL bound By their pledged fare freezes?
Is TfL bound in any way to honour their pledged fare freezes to the public on advertising billboards even though there is no contractual loss or consideration? What are the pledges legal status and ...
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Why must claims against the police for human rights act breaches be brought within 1 year? [closed]
The standard limiation period is 6 years. So why are human rights act breaches - supposedly more serious than other matters - confined to one year?
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Does common law encompass criminal law?
A recent answer distinguishes the two but I had always thought that common law includes both civil and criminal components. Does it not?
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Economic Duress Induced Illegally Makes a Contract Void or Voidable?
This answer explains the difference between a void and voidable contract:
Void means it never happened
Voidable means someone has the right to declare it void (q.v.)
If a contract was signed due to ...
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Is it illegal to threaten to present criminal charges in a civil lawsuit?
New Jersey Rule of Professional Conduct 3.4(g) provides that an attorney “shall not … present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a ...
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Collateral damage when an atttorney lies in civil court?
When an attorney knowingly makes a false statement in civil court in an attempt to tip the scale in his client's favor, what are the possible ramifications?
I'm aware that a lie under oath can be ...
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Waiver of a Right During Appeal When the Lower Court Rules that such a Right Does Not Exist?
Let's say two parties enter into an arbitration agreement and one of the parties seeks to enforce the arbitration agreement while the second party seeks to annul it. The two parties appear in court ...
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Can a Lower Court Claim to be "Smarter" than the Supreme Court?
In Coinbase, Inc. v. Bielski the Supreme Court agreed to review as to whether a denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending ...
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What are the possible copyright and other legal issues faced by an individual in the US running a Mastodon server?
What are the possible copyright and other legal issues faced by an individual in the US running a Mastodon server?
The social network Mastodon https://en.wikipedia.org/wiki/Mastodon_(social_network) ...
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Interpretation of 'wrongly detained' goods in English law
If a party applying for a court order alleges that another party has 'wrongly detained' goods, how can/should this be interpreted. It was written in the context of:
Given that defendant has wrongly ...
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What type of legal action could be used to assert one's rights to funds held by a brokerage firm?
A previous question was insufficiently focused, and this is the third part (see also part 1, on establishing an appropriate jurisdiction, and part 2, on establishing the type of claim and appropriate ...
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What is the cost to the school to handle a parental complain under Florida's 'don't say gay' bill?
Florida's so called 'Don't say gay' has been a bit controversial. Most of the debate seems to be what it actually outlaws, and I get that since the actual bill is not very clear on what is and isn't ...
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Peanut butter - may contain peanuts
Some products have disclaimers that serve no apparent purpose or which are obviously redundant. For example, a peanut butter jar that lists the ingredients as peanuts, and then provides a warning ...
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What sort of lawyer can help enforce unconventional non-business oral contracts?
Assume two individuals A and B make an oral contract, say A waives unpaid child support in exchange for B buying a house for their children to live at in perpetuity. Both parties follow through, but ...
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What are the regulatory equivalents of "prosecute" and "convict"?
If I understand correctly, the terms "prosecute," "convict," "guilty," and "innocent" are only used in criminal cases. What are the equivalents in cases of ...
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Arbitration : The Severability Doctrine
User Dale M. wrote the following response on SE:
An arbitration agreement in a contract is severable I.e. it is an
independent contract and remains valid (assuming it is valid) even if
the primary ...
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Could an employee be held liable for taking parts meant for another assembly line?
If foreman A of assembly line AA took parts meant for a different assembly line BB for their own crews to use, which would help them meet their production quota but hurt foreman B and their crew, ...
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Counter suing in the same lawsuit?
Party A sues Party B in court for $10,000 due to breach of contract. Party B denies the claim and holds that Party A owes them $5,000 due to breach of the same contract.
Can Party B counter sue Party ...
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Why can’t claims under s214 Housing Act 2004 be issued in the small claims track?
Accordingly myriad materials online including as authoritative as Shelter, section 214 claims must be brought under the Part 8 procedure, even where the maximum possible award would fall well within ...
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Does a contract become null and void if some or most of its terms were not followed by one (or both) of the parties?
If two parties sign an agreement and one party can prove that the other party did not demand that the terms be enforced when it could have, can the other party argue that the entire contract is void ...
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How does one budget when deciding to commence legal action?
Is there a way to predict how much a lawsuit will cost before it is started? I am deciding if it's worth it to hire a lawyer. At a high level I would like another party to stop doing what it's doing. ...
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Signing a contract as an agent - should the agent sign his name or the principal's name?
Suppose a husband authorizes his wife to act as an agent on his behalf to enter into a contract agreement with another party: Would she sign her own name on the contract or that of her husband's (the ...
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Can a Party Introduce a New Contract as Evidence that Conflicts with Previous Submission?
Suppose Party A & Party B have a disagreement about the terms a contract and Party A presents a contract written in 2010 as evidence against the other party.
Party B presents a different contract ...
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Is a residential lease signed by one's spouse valid?
Suppose a landlord and tenant enter into a lease agreement where the landlord is named in the lease agreement but the landlord's spouse signs the lease. Is such a lease enforceable in court?
For ...
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Can a Lease with Missing Pages be used as Evidence in Court?
Suppose a 10 page lease agreement is signed by a landlord and tenant. After a number of years, some of the pages were misplaced but each of the parties signed the bottom of each of the 10 pages (not ...
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General Question about Last Will and Testament in India [closed]
I have few question on how to write Last will and is it valid under Indian Law.
Do i have to register my Last will (Eg, Affidavit, Notary, Stamp, etc)
Can Last will over ride nomination? (Eg, Mutual ...
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*Buecking* holding finds that cooling-off days for decrees of transitory legal separation do not count for in rem decrees of divorce
The Buecking holding unambiguously finds that cooling off days for transitory decrees of legal separation do not count for cooling off days in rem decrees of divorce.
The Dissolution Act of 1973 ...
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Where is the line between civil and criminal breach of copyright?
My understanding is that acts can be a breach of copyright and can result in being held liable in civil courts (a civil wrong?) without being criminal and result in being found guilty in criminal ...
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Filling a double lawsuit to compel arbitration in both state and federal court?
Federal courts are authorized to hear cases when the case involves federal question jurisdiction. State courts, on the other hand, are authorized to hear civil cases when the case involves state law. ...
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What are the possible penalties for the misuse of a coat of arms?
As far as I'm aware, disputes about the misuse of heraldry in England and Wales are dealt with in the first instance by the High Court of Chivalry, which hasn't convened since the mid-twentieth ...
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How much do I owe my lawyer? [closed]
I'm the Plaintiff in a civil case. The Opponent has made a non-Part 36 offer of an all-inclusive settlement.
I have a conditional fee agreement (CFA) with my solicitor. The Client Care Letter (CCL) ...
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What does this fuzzy court clerk stamp say? It's from a very old case in 1995 in the state of Washington
At first I thought it says "MAILED" but that doesn't seem to work...or does it? If you're familiar with court clerk stamps perhaps you can give advice as to what this is? Thank you.
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Are civil law cases precedents in common law states?
So, Louisiana is a bit of an odd-ball state in that it observes civil law (Napoleonic law). The big difference between common law and civil law is that in civil law, the judge is expected to base his ...
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Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?
Alice and Bob, both unmarried adults, engage in consensual intercourse. Alice lies to Bob about her use of contraception or sabotages Bob's use of contraception, and as a result, Alice becomes ...
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In civil court what happens when two cases overlap?
What happens when there are two pending / overlapping court cases where the decision in one case effects the outcome of the other case. Would the court allow the second case to be heard/filed before a ...
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Filling a complaint to compel arbitration?
The concept of filling a motion to compel arbitration in response to a lawsuit is well known. Less known is the option of filling court proceedings to compel arbitration as a complaint - even when no ...
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