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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2answers
107 views

Can a person who have been pardoned still be held liable for the same offense in a civil court?

This answer indicates that accepting, for example, a presidential pardon, is considered an admission of guilt. If a person were to accept such a pardon, can they then still be held liable in a civil ...
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317 views

If Trump's legal challenges to the 2020 elections are so bad, why haven't the courts ruled them as frivolous?

(Not sure if this should be on the Law.SE) Per title. Most of the news coverage I've seen have said the challenges are bad, such as this recent one on the result of a challenge in Pennsylvania. "...
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5answers
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Is there any limit to the rate at which court cases can be filed?

Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or ...
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1answer
29 views

Contradictory information in nevada credit card statute of limitations

https://www.solosuit.com/posts/145 I am using Nevada because it has the longes statute of any state. It says the written contract is 6 years. Yet open accounts are 4. Which one is it? Are credit card ...
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1answer
67 views

Tenants access to perform repairs after vacating

Jurisdiction: Victoria, Australia I had a tenant who recently, legally and voluntarily ended a tenancy and formally vacated (handed back the keys, etc). There are some relatively minor repairs that ...
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35 views

What are the difference in obfuscated contract laws between Indonesia and other Countries?

In general, people can write any contract they want. In practice, many people agree to a contract without even reading. Even those that read carefully may miss important terms if the writers of the ...
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2answers
98 views

Can I initiate a civil lawsuit in order to get the answer to a legal hypothetical?

Suppose that I and a friend of mine are interested in resolving a particular legal hypothetical within the realm of civil law. The exact details are not important here, but no party of the ...
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3answers
8k views

Is it a real legal principle that any ambiguity in a contract is interpreted to the benefit of the side that did not write the contract?

I have heard that there is a legal principle where any ambiguity in the contract is interpreted to the benefit of the side that did not draw up or suggest the contract text. This was presented to me ...
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1answer
102 views

Unprofessional behaviour during interview

A friend of mine was in a job interview during Covid-times, therefore it was all done remotely. At half-way through the interview, an unprofessional incident happened which made that friend believe, ...
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4answers
9k views

Can a person purposely provoke someone to hit him and then report a crime?

Say someone purposely provokes another person by insulting him, knowing that this person is easily provoked. The provoked person then hits him. Can the person then report a crime or even file a civil ...
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1answer
81 views

Do I have standing to sue a credit bureau or lender after being approved for a loan but being prevented from signing due to their error?

I'm in New York. So, what happened was that I applied for a loan from a loan agency. My credit was good, I was making good income, and my loan was approved. I need to stress that last point. My loan ...
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1answer
64 views

Can an estate sue for defamation over statement made before decedent died?

According to the answers to this question you can't be (successfully) sued for statements you make about someone who is already dead. But what if you said something defamatory about John Doe while he ...
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30 views

Is President Trump exposed to civil liability by releasing a (presumably) surreptitiously recorded version of his interview with 60 Minutes? [duplicate]

Here is a version of President Trump's interview with 60 Minutes. Assume President Trump or someone working for President Trump recorded this video with an I-Phone without knowledge by 60 Minutes. Is ...
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1answer
52 views

By what laws can the DoJ be the plaintiff for breaking confidentiality of the First Lady?

Quoting Techdirt: On Tuesday, the Justice Department sued Stephanie Winston Wolkoff, a former close friend of the First Lady, Melania Trump, who recently published a book about her relationship with ...
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1answer
83 views

A plaintiff's “not guilty” verdict in a defamation suit

Scenario: John Doe is charged with murder, tried before a jury, and gets a "not guilty" verdict. After the verdict I publish commentary saying that the jury got it wrong and Doe is ...
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1answer
83 views

What Legal rights and or Legal actions can I take against a company who sold me something different from what I ordered

I ordered Ridged Brand 3' fence slats from a sub-company who claimed on line that they had them in stock. When I received my order I found that the Company sent me the 5' Ridged slats, which they ...
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Thailand; relationship between defamation lawsuit and criminal defamation procedure

Bangkok Post's The Sea View Resort released a five-page statement on Saturday after news of its legal action against Wesley Barnes attracted widespread attention. The statement was posted on the ...
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1answer
70 views

How does one meet the “serious harm” threshold in libel cases (UK)?

I'm trying to sue someone in the UK for libel. (I'm in the US.) I've had some UK attorneys willing to take my case, but not on conditional fee. I recently contacted a pro bono organization there, and ...
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2answers
111 views

On what grounds can I sue someone who intimidates and verbally abuses another?

There is this guy in my community who is known to be very nasty, always intimidates and verbally abuses people. He is what we can imagine a narcissistic person. We have SMS, video and audio records ...
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45 views

Is it okay not to refund token money?

Last week we had a verbal commitment with our prospective buyer regarding our 3BHK apartment in Bangalore and we were happy that they were interested to buy our house. We did not took any token money ...
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0answers
60 views

How is an American citizen expected to know how to live lawfully? [duplicate]

I am looking for a resource(s) to learn "The laws of daily living", and trying to understand what the U.S government had in mind for the layperson who may not be able to read the law codes ...
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4answers
218 views

Can a question of law be taken to a civil court, while not naming a specific defendant? [closed]

There exist known methods of surveilling people within their homes and elsewhere and even harassing them there that provide complete anonymity for the surveillor/harasser. If those means afford such ...
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1answer
75 views

Do police officers in the USA have to carry the law/code book?

I have seen several videos recently where police officers in the USA approach or detain someone, and then open a binder with laws/codes of the area and show the people what they violated. Question is, ...
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Bait and switch selling

I purchased an 11-piece cabinet at a ridiculously low price and the order was confirmed by the corporate retailer. Few days after reviewing my order they have swapped out the item for a different item....
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How does one prove damages in an emotional distress case when they can't afford treatment?

I was doing some legal research online, and I learned that in emotional distress cases, "...if the defendant's conduct is not so extreme, the plaintiff may need additional evidence that his or ...
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2answers
169 views

Isn't statute of limitations irrelevant in real life?

Say someone steals a property title or somehow obtains property fraudulently. Since the transfer of property was never legitimate, didn't the actual title never change, and therefore, the statute ...
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1answer
345 views

What is the difference between applicable law and governing law?

there: I have a question about what the difference is between applicable law and governing law. Are they the same (one) concept or different? In addition, what is choice of law? Does it mean the ...
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1answer
58 views

Self defense damages

Someone attacks me. I punch them in self defense. During the punch I dislocate my shoulder. Are there civil damages incurred when I injured myself in self defense and got a medical bill?
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A question regarding becoming European and German patent attorney

I'm thinking about becoming an European and German patent attorney. I'm right now studying electronics, but consider myself closer to informatics, and software development. As far as I have researched,...
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0answers
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How does false advertisment regulation apply to games claiming your IQ is determined by your success in the game?

I've seen a number of mobile game advertisements which will hover an IQ score above the game with it going up or down based off of rather the player makes a correct move in the game. While they don't ...
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1answer
60 views

Is incurring taxes on someone a damage?

Imagine this scenario. Person A owns a investment account managed by broker B. A tries to sell an investment in a tax advantaged way. B maliciously does the transaction wrong, causing A to incur taxes....
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1answer
71 views

Why has a domestic violence case made public online? (California)

According to my understanding California law prohibits the courts from giving online access to the documents in a domestic violence cases (for example through websites such as unicourt). Is that ...
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5answers
3k views

What can happen if you violate a cease and desist letter?

A few months ago, my alma mater emailed me a cease and desist letter for repeatedly trying to have a grievance against a former professor dismissed and complaining about how the dept. chair handled ...
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1answer
103 views

I'm an engineer. Can I build something that is patented asuming I don't share, sell or profit off the item?

I found a few posts but they were a bit ambigous a a lot was left to the uneducated imagination of mine. Title says it all really. Say I wanted to build a special type of laser, I do NOT want to sell ...
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2answers
85 views

Could a poll's claimed results be defamatory?

In the Trump campaign's letter demanding that CNN retract its poll claiming Biden leads Trump, the letter claims: The poll is intentionally false, defamatory and misleading, and designed to harm ...
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Update a dead person's situation in Italy - Who can do it?

My great-grandfather was born in Italy and emmigrated from there when he was 16 years old. He married and died in Brazil, and his daughter (also born in Brazil) is my grandmother. To obtain an ...
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118 views

Sandy Hook defamation case and opinions based on disclosed facts

(Note that I 100% think the Sandy Hook shootings were 100% real.) From a BBC article: In June a Wisconsin judge ruled that James Fetzer had defamed Leonard Pozner by claiming he had fabricated the ...
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1answer
276 views

Is a grievance filed during an acute episode of mental illness valid? [closed]

During an acute mental health episode last year, I emailed my department chair complaining about the "tone" (and wording choice) of some of my former professor's communications, accusing her ...
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2answers
97 views

Has any legal system ever enforced all of its laws?

A recent Travel Stack Exchange question about an immigration provision in the federal code lead to a bunch of respondents noting that the law in question is simply not enforced, with one person openly ...
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39 views

Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
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1answer
45 views

Liability and Responsibility what is the importance of the distinction in common Law

In Civil Law( legal system) there is no distinction between Liability and Responsibility. One can only seek(judicially) the cessation of an illegal act if they have suffered damages. One can only ...
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1answer
37 views

What tenant laws apply if there is a non-code compliant living situation in CA?

I'm living in an RV in El Dorado County, CA where like in many counties, it is illegal to occupy a motorhome on residential property. Of course, El Dorado County is so rural that many people do it. ...
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1answer
55 views

When (if ever) is it a tort for a reporter to reveal “off the record” info?

Outside of NDAs and other confidentiality contracts, are there any circumstances where it would be a tort for a reporter to reveal information that was shared under an "off the record" condition?
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1answer
92 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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0answers
56 views

Pictures of people breaking the law in Facebook

Within this COVID19 pandemic various activities were forbidden in Portugal, like spearfishing or catching crabs in rocks. Yet, some people insist on doing them (let's call them rebels) but in a "...
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1answer
30 views

Neighbour dispute

If any visitor comes to my home, then when they return from my home, my neighbour comes near the fence and starts talking with my visitors. I feel it as a disturbance for my privacy and for ...
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1answer
58 views

What happens when someone sells a found item?

I got into a discussion about finder's law yesterday. I live in Canada, so that's the law we were looking at, but I'd be interested in law from any jurisdiction. Most of our discussion was based on ...
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48 views

What do I do after found out the neighbor didn't have the permit for their loud spa?

My neighbor has a spa and its equipment is located next to our joint property line, the equipment is less than 1 ft to our fence. I tried to communicate with the neighbor, they expressed them clearly ...
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3answers
3k views

Does the New York State Governor have the authority to impose fines?

The New York State Governor has allegedly declared a "fine for violations of the state's social distancing protocol from $500 to $1,000...." The government website claiming that declaration ...
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1answer
45 views

How do plaintiffs get emails relating to companies they are suing?

For example in the case of IBM getting sued over age discrimination, the plaintiff somehow got emails showing that upper management instructed his director manager not to transfer him but to fire him. ...

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