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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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Duty of care dilemma when reporting Web vulnerabilities to both Stakeholders and Web Service owner

Ok, I am going to ask this question with an Analogy. A Locksmith is walking in the street and comes across a door. The door seems to be well secured to a normal user and is actually a door to safe ...
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2answers
63 views

Is it very difficult to collect a debt if the defendant cannot be served? [closed]

Small claims generally do not allow service by publication. If the defendant cannot be found you have to pursue a real lawsuit. This will not be worthwhile unless there is tens of thousands of dollars ...
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1answer
101 views

Prior to a divorce, can a spouse prevent the use of any saved assets?

Lets say Bob and Mary are about to get separated and divorced. Bob has a 401K and a savings account that Mary can not access. To prevent having to give Mary half when they divorce, Bob decides he ...
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1answer
111 views

Liability of online service provider for illegal user content?

Suppose someone develops a chat app where you can send messages and pictures. Messages are stored in a database. The developer, who is also the site owner, would have pretty much access to every ...
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1answer
86 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
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1answer
146 views

Liability from attaching a note with tape to an improperly parked car?

I am a security officer for a private estate. I frequently deal with cars parking in a way that obstructs other vehicles. On a recent occasion I asked the various tenants of the estate and each ...
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1answer
134 views

Are marketplace lenders subject to fair lending laws?

Are 'marketplace' lenders, such as those using Lending Club or Funding Circle, etc., subject to fair lending provisions, such as the Equal Credit Opportunity Act or the Fair Lending provisions of the ...
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1answer
65 views

Position statement claiming that something is evidence

In the family law proceedings I'm dealing with the following sentence written by the solicitors of the respondent: "This Statement is true to the best of my knowledge and belief and I make it known ...
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1answer
98 views

Sue the Girl Scouts

Some Girl Scouts have rebranded their Samoa cookies into Momoas. Could Jason Momoa sue the Girl Scouts for using his likeness without his permission? Or would this constitute some fair use or public ...
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4answers
5k views

Equivalent of “illegal” for violating civil law

If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
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1answer
36 views

Can a defendent travel overseas if served with a claim/summons to UK civil court?

If i have am served a claim form by the claimant, can I travel overseas? Also, if I am overseas and receive the claim form whilst overseas, can I ignore it if I am not a citizen of the country which ...
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2answers
796 views

Can a LGBT person sue the parents of a child who refuses to sell lemonade to them?

According to Wikipedia, running a lemonade stand is a business. If a child has been instructed by his/her parents not to sell lemonade to a LGBT person, can the LGBT person sue the child's parents ...
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1answer
58 views

Suing a Cellular Company that Charged Me for Years Without My Knowledge

I am planning to sue a cellular company for charging me (for two phone numbers) for 10 years after a cutoff request. I contacted the company, and they admitted to wrongly charging me but only for one ...
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0answers
75 views

What are the regulations regarding position statements?

"By 4pm on 7 August 2018 both parties must send a written statement to each other" Everyone knows what is expected and what to do. Other Court orders are not so specific, they only mention a ...
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1answer
65 views

Can a litigant in person prepare the bundle?

https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a Responsibility for the preparation of the bundle 3.1 A bundle for the use of the court at the ...
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1answer
128 views

What can happend if I am sexting with an underage girl from another country? [duplicate]

So I met this girl on the internet and I told her I am 19 and she told me she is 17. We started talking for a while and she sent me me a pic in underwear.. We started texting and all that.. we did ...
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1answer
28 views

Criminal Liability for judges under 42 USC 290-dd2(f) and 42 CFR 2.63 [Confidentiality of Substance Abuse Patient Records]

42 USC 290-dd2 establishes heightened confidentiality requirements for certain (really most) substance abuse treatment records. The statute grants authority to HHS to interpret the law and create ...
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1answer
62 views

What can a city do for parking tickets

I have read the question and answer here: Are parking tickets enforcable But I would like to know that if a person got a parking ticket in Pennsylvania for a street sweeper violation and didn't know ...
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2answers
52 views

Legally enforceable contract?

I told my landlord that I will only be living in the apartment for half a school year because of my early graduation. I told him that my girlfriend would be taking over the other half of the school ...
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1answer
50 views

Undisclosed Cancelation Fees

I Paid $600 to a pet transportation company and after some talks in which due to some wrong information we were asked to pay an additional $300 i asked to cancel and was told that they would withhold ...
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1answer
118 views

Can a Federal Actor, through coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right?

Can a Federal Actor, through the use of coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right? Specifically: On the date of March 19, 2010, an ...
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1answer
126 views

Can a woman sue a person who informs her child about the abortions she has had?

If an adult has knowledge of how many abortions that a woman has had in her lifetime and that adult was to inform a child of that woman about her abortions and this leads to that child suffering ...
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3answers
159 views

How do I tell if a settlement offer is good enough?

Is there a formula to tell if an out-of-court settlement offer should be accepted for a civil claim, instead of taking the claim to a trial? (In economics there is something called an expected value ...
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3answers
618 views

Is there a minimum speed limit on US hwy 60 in OK? Are bicycles legal on US hwy 60 in OK?

I had this experience about 4 years ago (which actually culminated a series of many similar experiences) where I was cycling my way back home (Missouri) from a bicycle trip to Cancun MX. In ...
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1answer
140 views

Car was registered and insured but proof wasn't in the car

This occurred in California. Can the police give you a ticket for $1,200 for a first time violation with no registration or insurance paperwork in the vehicle? The vehicle was registered and had ...
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0answers
38 views

What standards must US ISPs currently uphold in the quality of their speed and ping?

I'm curious. After a generous amount of googling, I couldn't find any laws or codes from the FCC regarding the standards of quality regarding internet speed and access. What laws are currently in ...
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3answers
526 views

Are Satanists legal in the US?

I heard that Satanists in USA are legal and are even represented in the counsil of the churches and have "study books" used in school. In Russia there is a law that acts which are done to harm ...
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2answers
65 views

Will I get in legal trouble if I use somebody else’s picture?

I was banned from a site. To evade it, I plan on impersonating a fictional cousin of mine with a fictional name, but if people suspect that it is a sock puppet account, I plan on uploading a picture ...
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1answer
46 views

Are civil ICE detainees unconstitutionally punished, if the conditions in ICE centers are more restrictive(punitive) than maximum security prison?

Jurisdiction: Texas Facts: Juan Martinez at 19 years of age pleaded guilty to distribution of undisclosed controlled substance in exchange for 5 years of probation.( Lets say violation of Texas ...
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1answer
597 views

Is everything legal for me due to psychiatric reasons? [closed]

I witness that I did some things which are considered a rave by most people (and most psychiatrists): fought with aliens, was transformed for a period of time into a superman able to tear steel and ...
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2answers
68 views

How to ensure that the order drawn by a party is checked by another party?

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b#1.1 Drawing up and filing of judgments and orders 1.1 Rule 40.2 sets out the standard requirements for judgments ...
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0answers
22 views

Can I make changes to my initial writ after getting it warranted but not served?

What is the name of your state? Scotland, United Kingdom Can I make changes to my initial writ after getting it warranted but ''not'' served in an Ordinary Procedure case of the Sheriff court of ...
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1answer
30 views

How to deal with patents that others hold? [closed]

I am an aspiring inventor and in the best case scenario I will be developing smartphones but something that is a huge hurdle for me are the patents that other people hold. I mean one company patented ...
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1answer
30 views

Property lien expiration and removal in North Carolina

I live in North Carolina and had hired a contractor to work on my house. I'd paid them 50% in advance. They did a terrible job and were a nightmare to work with. I have refused to pay for the ...
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1answer
106 views

What are “non-union states”?

I'm watching a lecture by Robert B Reich. He's talking about a hypothetical case in which Bob, a CEO of some corporation, wants to "move the US plant to a non-union state" to reduce wages. I ...
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2answers
121 views

Is there any federal law in the US that protects its citizens from police harassment? Or is it up to the states [duplicate]

Can police officers legally stop and ask you for your id (not driving, but cycling cross country) or question you about your travels (where are you going, why.. etc) if they cannot articulate any ...
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2answers
76 views

Company stole my IP. Are there costless remedies?

If a well-funded company steals an individual's intellectual property, are there any means to sue or otherwise enforce the IP rights without costing the victim anything? (I.e., if the victim does not ...
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1answer
56 views

Mobile home park in California charging extra fees for television service

I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly. ...
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1answer
53 views

Tenancy - definition of “The Property” and exceptions

So I'm having a small issue with my landlord who has changed the lock on my garage, and says that "I never rented the garage". Wondering if anyone is able to confirm my understanding, the below ...
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1answer
77 views

Can a state agency, asserting “equal footing”, ignore an order from a state court

Awhile back I had to hire an attorney when the state of California was erroneously notified from another state that I had been convicted of a DUI...resulting in a suspension of my California Driver's ...
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1answer
112 views

Is an agreement enforcable that makes parents liable for a child’s behavior at school?

Hypothetical facts Alice is 17 (a legal minor). Alice attends the 12th grade at Bob High School (BHS), a California public high school. BHS loans Alice a laptop to do her school work. As a condition ...
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3answers
2k views

Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?

If someone was in the process of kidnapping your baby and you were chasing after that person, if you have a gun on you and you use it to shoot that person and then that person dies, would you be ...
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1answer
106 views

Sue a restaurant for serving food against religion [duplicate]

I ordered food from a Mexican restaurant through Uber eats . I ordered chicken burrito but they made it beef burrito. I called the restaurant but they said sorry and hung up. What should I do about it ...
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2answers
111 views

Can all members of a group be civilly liable when some are provably innocent?

Scenario: A crime involving property damage is committed. Suppose that it can be proven beyond reasonable doubt that of a group of 3 people, 2 of them were involved and one was not. However, there's ...
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1answer
111 views

Can a real-life example be used to describe the difference between common and civil law?

I've done a lot of research into trying to understand the difference between the two systems, but their definitions are so verbose, and without examples it's more challenging. The only thing I was ...
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3answers
387 views

Terms for torts committed under theory of promissory estoppel?

The promissory estoppel doctrine allows an injured party to recover on a promise upon which he relied, and then suffered a loss as a result. ... All that must be proven is that a promise was made, and ...
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3answers
75 views

Under U.S. law, can an estate's executor be penalized for accidentally losing a document before the estate is closed?

What legal penalty might apply in a situation where documents were lost by accident before settling or closing an estate? Would there be civil or criminal penalties if, some but not all, documents (...
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2answers
122 views

Should I fight City Trash Citation for tenants trash

I own a quadplex in Cincinnati. Only 2 of the 4 units were occupied, but a tenant moved out on Monday, so I'm down to 1. The one that just moved out put all their trash by the road, not in a bin. My ...
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2answers
991 views

why is a person allowed to lie in court and get away with it?

In a court of law, the defendant can tell as much lies as she wants in order to vindicate herself of the charges. But if the court finds them guilty, the false explanations that the person had given ...
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2answers
351 views

Could the USA abandon common law?

I understand that the USA has a "common law" system and that ambiguous written legislation is turned into unambiguous law by courts, such as has happened in many famous Supreme Court rulings. My ...