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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1answer
112 views

If someone is wrongfully chasing a child and the child knocks into something and is injured is the person that is pursuing the child responsible?

If two adults set out to pursue a child that didn't do anything wrong but was in the company of other children one of of whom may have done something, and the child flees and in being pursued trips ...
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2answers
2k views

How do you dispute a large bill for damages?

Suppose that a person T (for tenant) had a year ago rented an apartment that had some water damage due to a pipe bursting inside the building. There was a lot of back and forth between T and the ...
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1answer
53 views

Does a case continue if class certifcation is denied?

If a Motion for Class Certification is denied by the court, does the case continue? I'm trying to research litigation against a specific US company and I've come across some cases in which the court ...
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2answers
53 views

How does the court distinguish between plagiarism and inspiration in songs?

https://www.youtube.com/watch?v=8JL4JXEv-RY https://www.youtube.com/watch?v=zqqq8uqSDnk How does the court distinguish between plagiarism and inspiration in songs? I heard these two and I found they ...
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1answer
91 views

Can I legally force an ex to refinance?

Suppose that a person A signed a loan for his ex gf B to buy a new car when they were together, but later they broke up. She moved to California with said car. Both of their names are on the title and ...
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0answers
22 views

US federal court: The correct timeline of filing a request for entry of default

In a US federal court, assuming that the defendant, namely a US government official, failed to respond to a civil complaint within the 60-day period following the service of the compliant — When ...
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0answers
21 views

Filing a motion/request with US federal court when one or more of the defendants were replaced since the original complaint

A complaint was filed with a US federal court. If there is a need for the plaintiff to file a motion or request (e.g. a request for entry of default) related to the original complaint, the motion or ...
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1answer
93 views

Texas Abortion Law - Are Utilities, Licensing Bodies and Local Government subject to liability under the law

Under the new Texas Abortion Law would the following be liable for a $10,000 fine Utility Companies such as Power, Phone Broadband providing power to the clinics Local Government for providing ...
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1answer
85 views

May one have an affirmative defense to the ‘Texas Heartbeat Act’, SB8, if they require reimbursement from the patient for any statutory damages?

Example: A provider (and/or others, such as an insurance company or Uber driver) requires a patient seeking a potential abortion to sign a contract agreeing to reimburse them for any potential costs ...
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1answer
55 views

If a copyrighted image is used multiple times, how many infringements are there?

If I used a copyrighted image in 4 item listings on a selling platform (all using the same image), would this constitute 1 infringement, 4 infringements, or a number of infringements equal to the ...
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1answer
93 views

Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them in the UK?

Son confronts salesman for 'selling confused mum £6k doors' Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them? I am wondering if ...
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1answer
46 views

Does the statute of limitations apply if the company to be sued wasn't operating in the U.S.?

A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case.[5] If the statute of limitations expires before a lawsuit is filed, the defendant may raise ...
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2answers
126 views

Are there other laws that are (1) enforced only by the general public and (2) enforceable by someone not directly involved?

Typically you need some sort of standing like demonstrating potential damages for a court to listen to any request for action. For example, I can't bring a copyright suit for work where I do not own ...
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2answers
62 views

I live in a city and I walk my dog on community college campus they come out say that it is policy not to have dogs on campus

The retort I had is that this is not posted anywhere, and even if it was what legal enforcement does the campus have against me. They can't find out who I am, They can't detain me. They can't hold me ...
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1answer
89 views

Would a Surrogate Parent's Right to Abortion Supersede Parental Rights?

Would a Surrogate Parent's Right to Abortion Supersede Parental Rights? Under the Hague Convention, Parental Rights are determined via the last shared and well-settled intents of the parents. (At ...
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1answer
106 views

Can Someone Sue me For Lawyer Costs If I File a Police Report and they are Found Not Guilty?

The question is in the title, but I'm wondering if there's any risk to filing a police report against someone who broke a contract and stole $10,500 from me. The police report is being filed in ...
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1answer
158 views

Can a state make a law that deputizes individuals to sue individuals in other states?

I've read briefly about the recently in-effect Texas anti-abortion law, and I'm perplexed at how it supposedly is difficult to challenge in court. If I understood correctly, it deputizes private Texan ...
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3answers
4k views

How does California (CA) have standing in CA vs Activision Blizzard?

It's been reported that the state of California (CA) has sued Activision Blizzard as a result of its two-year-long investigation. The alleged actions are not alleged to be ongoing. It's been reported ...
4
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1answer
56 views

Are US courts less likely to enforce the repayment of a loan if it is (ceteris paribus) without interest?

Apparently, in common law, a loan given without an interest being specified/demanded is at procedural disadvantage, in that a court may not recognize it as a contract, the plaintiff having to rely on ...
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1answer
124 views

Why TVs / laptops etc. do not warn about too brirght screen whereas many smartphones warn about too loud sound amplification?

I'm trying to comfortably use my laptop at night and now could not find an answer by web-search to the following: Why TVs / laptops etc. do not warn about too bright screen whereas many smartphones ...
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2answers
118 views

If a person keeps making business promises to deliver but does not deliver (Scams), could this be considered a Crime?

I know one person who approaches many business for services and defaults on his promise to deliver. Basically he takes the money and simply runs away. This has happened multiple times and people say ...
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1answer
144 views

What can I do about the trash?

I live at the corner of a 4 way intersection. There are houses on 3 corners, one being mine. The 4th corner used to be an open field, owned by the 7/11 that was on the street behind me. A few years ...
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1answer
67 views

In Australia, how do I send a letter of demand to a person but don't know his physical address, only email address?

I need to send a letter of demand to a person but I don't know his address. I only know his work address. This for a Small Claims Dispute (Less then $10K). I am in Australia. I have his email and can ...
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1answer
129 views

How do news outlets avoid defamation lawsuits when they publish articles about alleged criminals?

News outlets are always publishing sensational stories about people who have not yet been convicted but just suspected of a crime..... The person loses his job and at worst, creates a 'Trial by Media' ...
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2answers
39 views

How is damage calculated in a civil suit against a company where there is said to be widespread gender-based discrimination and sexual harassment?

California’s Department of Fair Employment and Housing (DFEH) says that renowned game publishing studio Blizzard Entertainment, and its owner Activision Blizzard, have created a culture of “constant ...
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1answer
110 views

Can you get sued for putting a real person's number in a novel in the United States?

Can you get sued for putting a real person's number in a novel? I see a lot of shows where they make up names like Boogle, instead of using Google, and I also often sees number being read as XXX-XXX-...
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4answers
8k views

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

There is an alleged scammer in my community. An article about him was published by our local news site. As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is ...
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2answers
75 views

Does qualified immunity protect p. officers from civil liability if found to have abetted conspiracy or maliciously falsified a criminal report?

Is there any cases that decided this question? Can the DA be sued if they know or should know and maliciously prosecute regardless in such a case? Primarily interested in the State of California.
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2answers
72 views

Can Right to Chattel be Challenged during Pre-Trial Phase?

Suppose the plaintiff has filed a trespass/conversion tort in federal court, but the chattel they are asserting a right to is not actually theirs. I understand that in some sense, and to some extent (...
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1answer
64 views

Can you sue a foreign company in a civil suit even if it doesn't operate within the country in the United States?

Can you sue a foreign company in a civil suit even if it doesn't operate within the country in the United States? Let's say you decide to sue a company headquartered in another country and that only ...
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1answer
31 views

Analyzing the complaint and answer in federal civil case

I'm interested in understanding how lawyers and judges analyze the pleadings provided in the answer to a civil complaint. Therefore, I'll choose an interesting case I'm not involved in and provide a ...
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2answers
93 views

Can the board of a company gamble on bitcoins without the consent of the shareholders?

Can the board of a company invest in bitcoins without the consent of the shareholders? Is it allowed in privately owned companies as well as publically traded companies and in what situations can the ...
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1answer
4k views

Can you sue someone for parodying your character?

Can you sue someone for parodying your character? Or is this part of free speech? One thing I am always wondering is why people won't use "Google" in movies, especially cartoons, but parody ...
2
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1answer
113 views

Can a hedge fund manager in the United States be sued for taking on too much risk?

Can a hedge fund manager in the United States be sued for taking on too much risk? I am wondering if a hedge fund manager can take extremely bold risks with his fund as long as they state that such a ...
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1answer
34 views

Can a Federal law allow suits in a US state court?

If a US federal law creates a private right of action, say for a privacy or consumer protection tort, can the law authorize suit to be brought in a state court, particularly a small-claims court? If ...
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1answer
105 views

Reservation category of people born out of inter-caste marriages

Background In India there is reservation (for government employment and admissions etc) based on caste and income among other types. For caste based reservation mainly following categories are there — ...
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1answer
51 views

Serving summons on a defendant who is a U.S. Federal Government official: original or copy?

A civil lawsuit against federal government officials is served by certified mail. This is in accordance with Fed. R. Civ. P. 4 (i): (i) Serving the United States and Its Agencies, Corporations, ...
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3answers
99 views

Filing Civil Complaints at the Last Minute

I started working for a personal injury firm a few months ago and am responsible for filing civil lawsuits with the court. In most cases, we filed them right before the statute of limitations is about ...
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2answers
114 views

Is it legal to film someone and upload it to YouTube?

Is it legal to film someone and upload it to YouTube? I keep seeing videos of people throwing racial slurs or doing something bad on YouTube. I am wondering if it's even legal to post people doing ...
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1answer
153 views

Can you sue the CIA for civil damages if it killed one of your relatives?

Can you sue the CIA for civil damages if it killed one of your relatives? I am wondering if a U.S. citizen can sue the CIA for civil damages and whether it can sue only if documents are declassified ...
2
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1answer
52 views

What happens when a federal government Defendant who is sued in his official capacity is being replaced shortly after the civil complaint was filed?

A civil lawsuit is filed against several federal government officials. The officials are specified in the complaint by their names as defendants, however they are sued in their official capacity. What ...
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1answer
22 views

In a Civil Cover Sheet, what would be the right "Nature of Suit" Code for lawsuit due to Fed Gov't's failure to adjudicate Naturalization Application?

In a civil lawsuit, the cover sheet that accompanies the complaint usually requires to select the "Nature of Suit". The US Courts website provides a document called "Nature of Suit ...
2
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1answer
32 views

In a Civil Case Complaint, does "Demand $" in Civil Cover Sheet (JS44) also apply to refund of legal fees through EAJA (Equal Access to Justice Act)

In a Civil Case Complaint against the US Federal Government, it is possible for the plaintiff in certain circumstances to get a refund of his attorney fees and other expenses. As explained on a ...
2
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1answer
75 views

What is the latest case law defining the time frame reasonable for an insurance company to settle a claim?

Bob, a California resident, is a claimant in an auto accident where Cobb sideswiped his vehicle in the same State with a vehicle registered also in the same State. Cobb leaves the scene without ...
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4answers
3k views

Can one use a personal injury lawyer when the police won't act?

Based on a true story: Bob's car is parked in the street. Ted is driving down the street recklessly with Alan as a passenger. Ted sideswipes Bob's car doing quite a lot of damage, but takes off. ...
3
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1answer
108 views

Can an employee in the UK (England) be imposed a contractual duty to subject themselves to marijuana tests?

Bob, a citizen of the UK, is a white collar employee of a UK construction company. They never engage in hazardous work or work that is, within the scope of its risk, can endanger others. Can the ...
0
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1answer
85 views

Can you sue a company for civil damages if fired without just cause?

Can you sue a company for civil damages if fired without just cause? Let's say that a company fires me because the CEO doesn't like me. In what situation would I be able to sue a company for firing me ...
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1answer
72 views

In which United States District Court should a permanent resident file a lawsuit against the USCIS?

A US permanent resident has recently moved to western VA. VA has two United States District Courts: Western and Eastern. The permanent resident would like to file a lawsuit against the USCIS. One of ...
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0answers
44 views

Can illegal immigrants sue the U.S. government if they got injured while being detained?

Can illegal immigrants sue the U.S. government if they got injured while being detained? In my knowledge, legal immigrants can sue the U.S. government if they got injured while being detained, but I ...
2
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1answer
101 views

Should Bob sue a company on his home field?

Bob uncovers and obtains overwhelming evidence of several, major consumer exploitation ploys consisting of several distinct schemes, practices and policies of a major auto manufacturer of his new ...

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