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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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Are parents liable for a child’s behavior at school? (in loco parentis)

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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2answers
108 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
75 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
66 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 ...
2
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1answer
40 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
43 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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2answers
53 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
104 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
205 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
117 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 ...
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1answer
38 views

Can a Guardian (parent) force a 17 year old to move out of their house in Colorado?

My Father, who has custody of me, has threatened to force me to move out of his house. If I am 17, and live in Colorado can he make me move out? He doesn't seem to care who I move in with but I think ...
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2answers
56 views

Can you pursue legal action for a potential user who keeps coming back even after being banned from an internet platform?

I run my own web site and I've also been part of a few social media platforms owned by private citizens and small business owners. They usually have administrative rules to prevent bullying, ...
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1answer
75 views

How long can someone keep my server?

Ex employer has a server with their website and archive on it. I bought that server and have receipts. Employer claims they need time to wipe their info from my server. It's been a month already, and ...
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2answers
72 views

Should I pursue a lawsuit for legal misconduct? [closed]

This question is about a complex situation that I will try to keep as concise as possible. I was named trustee for a moderate sized trust. The attorney who drafted the trust did so in such a way as to ...
0
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1answer
49 views

U.S (mississippi?) illegal to write offensive erotic fiction

Is it true that it's illegal (in mississippi I think) in some states to write 'offensive' erotic fiction? Regardless of whether or not it's published or meant for public consumption. I read something ...
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1answer
41 views

legal research question

I would like to read civil litigants constitutional challenges. Where would such filings be filed? I have read several appeal court and supreme court opinions on constitutional challenges on google ...
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1answer
49 views

Were laws broken, can I use in civil or small claims?

Long story short my girlfriend of 5 years how to debit card to my savings account and every payday I would deposit $500 into the savings account for her to use and this went on for approximately the ...
5
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2answers
94 views

Can I disclose terms of a settlement when I don't accept it?

I've been involved in a Mass Tort lawsuit against a drug company for several years. Recently, a confidential settlement agreement was reached between the law firm representing me and the drug company. ...
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0answers
98 views

Can a paratransit company refuse to reimburse you even if you had a medical situation?

I'm asking on behalf of a friend of mine who is not on this site. They are blind and have a guide dog. We are both in Oregon, and we sometimes take the TriMet Lift paratransit service. Last Sunday, ...
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1answer
60 views

Is the formalism “I put you on notice” important, in UK law, or can a less formal wording be equivalent?

Example case: a high value car specialist/expert sold me a car with a serious defect they should have known of and disclosed (such as past accident history) while warranting the condition was good/...
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0answers
59 views

California Legal Ethics: Attorney Bringing On Co-Counsel w/o Client Knowledge?

Is is a breach of ethics in California for an attorney representing a client in a civil matter to discuss their client's case in detail with potential co-counsel without the client's knowledge or ...
2
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2answers
116 views

What is the process for obtaining an anonymous internet poster's identity for a civil lawsuit?

An anonymous person can, given some effort and a minimum of expertise, ruin a person's life on the internet through defamation. (The popular method currently is to forge authentic looking screenshots ...
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1answer
85 views

Public Trespass

The Town Adminstrator of my town has issued a NO TRESPASS order on me personally. I'm a Private Citizen with no history criminal past. The No Trespass order is telling to stay off of Senior Center ...
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0answers
31 views

To what extent would a civil court defer to a criminal court (jury) decision?

To what extent does the doctrine of stare decisis bind civil courts to the decisions, especially the jury determinations, of criminal courts? If someone was convicted of an act that was both a crime ...
15
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1answer
3k views

What did Colorado say in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that Kennedy found to be “neither tolerant or respectful”?

In today's decision by the Supreme Court in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission Justice Kennedy said the treatment of the baker was "neither tolerant or respectful". ...
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0answers
23 views

Home Appraisal Law Suit [duplicate]

I'm in San Antonio Texas and think the appraiser way undervalued my home to the tune of approx $60K. Is there a way to hold this person accountable for their actions?
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1answer
166 views

What are the legal requirements in the United States for being recognized under federal law as “white” or a “white” person?

Primary resource: [Hefny v. _ (1997) (citation needed, appears to have been dismissed by the U.S. District Court)] Secondary sources: Egyptian Immigrant Wants to be Reclassified as Black Race, ...
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0answers
29 views

Can an accountant back charge for services that were labeled as free before?

An accountant's client required an advice. The accountant did not charge for a quick consultation and claimed it was a courtesy to the client. A year later, the client discontinues the relationship ...
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0answers
25 views

Is it illegal to provide leads to a data broker/vendors?

I have client who is a data vendor, I do not know the legality of the data he provides to customers. However, I do run campaigns and provide marketing tools to this client. My question is if he get ...
3
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0answers
42 views

Laws regarding amateur chemistry sets for lawful and safe exploration of science [closed]

Last week a squad of 20 members of the weapons of mass destruction division of the FBI shut down my block and raided my apartment. They didn't find what they'd expected to find (basically they found a ...
1
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1answer
66 views

Is a fraudster liable for losses in this situation?

The usual rule of law is that a fraudster is liable for all losses/restitution, due to their fraud, whether or not reasonably foreseeable. Suppose a fraudster's deception causes a person to take a ...
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0answers
57 views

What potential litigation could a corporation face if you made your personal phone number public on social media?

I saw on someone's Facebook page that they were hired at a major corporation who told them that they needed to delete their phone number, and ask that every one of their friends delete the phone ...
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5answers
10k views

Would I have a reasonable cause of action to consider suing a science centre for violating disability rights law?

As someone who is both totally blind and hard-of-hearing, I rely on tactile feedback a lot. I live in Oregon, and I heard that a new exhibit was going to be stationed permanently, so I wouldn't have ...
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4answers
95 views

Is an employee of a company personally liable if they violate the law on behalf of the company?

In essentially any interaction between customers and businesses, there are people on the business end who are communicating with customers on the business's behalf. This might mean customer service ...
2
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3answers
91 views

Am I required/permitted to disclose a security risk at a company I do not work for?

Scenario: I shop at a local retail store. While I am there, I notice that store staff have printed out and placed a long list of cleartext credentials for major internal and external business systems, ...
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1answer
66 views

What are the laws regarding compiling SE answers and selling them for money?

Thanks to user @Abcd for pointing this out. It seems that there are some books floating around the internet, selling for $4.61, that are compilations of SE answers. What are the laws regarding this, ...
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1answer
55 views

What does it mean that Scotland is a civil law jurisdiction?

I have learnt recently that Scotland is a civil law jurisdiction (when it comes to private law at least), but one that doesn't have a civil code. I have also been taught that the main difference ...
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1answer
60 views

What action USA's IRS is likely to take for failing to respond to audit? [closed]

Assume a person earning $120k makes $40k charitable contributions and has all proof of contributions. IRS suspecting high charity, sends out an audit. The person has relocated and never receives an ...
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1answer
86 views

Traffic Violation Question

If a police officer stops someone for a traffic violation and they don't have a driver's license and no identification at all, what is the charge?
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1answer
135 views

Is Ambush by New Parking Sign legal unless prohibited?

I came across the following NYC article from on the internets whilst researching the situation for ATX: https://newyorkparkingticket.com/proposed-nyc-parking-law-relieves-pain-new-parking-sign/ ...
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2answers
27k views

Can I sue a restaurant for serving me meat in vegetarian dish?

I am a vegetarian for religious reasons. I was at Chipotle on Saturday and ordered a sofritas rice bowl which is "vegan approved". To my surprise, I found a chunk of chicken in my bowl when I was ...
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0answers
39 views

Noise from the apartment basement

I live in an apartment in Montréal. There's an old woman living in the basement who intermittently makes noise from her room. The noise sounds like knocking the wall or something hard indoor. I know ...
0
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1answer
64 views

Why haven't jurists corrected the ambiguity of 'civil law'?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 39 Bottom. Box 2.3. "Common Law" and "Civil Law": Alternate Meanings As we have seen, some legal expressions have different ...
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1answer
73 views

Are lawsuit records publicly available?

I was a witness in a trial back in 2012, representing the plaintiff who was fired illegally. https://www.kafourymcdougal.com/a-washington-county-jury-awards-nearly-1-million-to-esd-whistleblower-2012-...
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0answers
32 views

If the testimony of an expert witness has been impeached, what is the legal effect?

For example, is that mandatory or advisory on a jury or judge as decider of fact? Do most U.S. states and the Federal government agree on this or does this vary much by jurisdiction? I'm curious, ...
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1answer
61 views

In the US, who decides whether an offense is criminal or civil?

Evidently protection against sexual harassment dates to Article 7 of the Civil Rights Act, which makes it "unlawful" for employers to discriminate on the basis of sex. Is there something in the ...
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2answers
45 views

What Travel Expenses are Allowed in a Civil Suit?

In a civil suit involving repossession of a car in a remote city in California, it seems obvious that I can sue for the airfare to that remote city. But, what about hotel and meal expenses (or other "...
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1answer
58 views

What does “shall not dismiss … merely” mean in Arizona?

Legislatures of most states consider "expired registration" violation to be "fix-it" tickets, where promptly renewing the registration after the issuance of the citation is grounds for complete ...
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2answers
142 views

Can a landlord demand that a house rented when new be returned to “new” condition?

We are living in California. In our lease agreement, it states under the "condition" section: Tenant acknowledges these items are clean and operable condition, with the following exceptions: ...
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1answer
37 views

Can I demand partial deposit back on a joint lease?

I am living in California. I am currently on a joint lease of a house for a little more than two years. The lease is on a monthly basis (used to be a one-year lease but continued as month-to-month). ...