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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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4 views

How to obtain a US court order from a different country?

My brother died a few months ago. I requested Google via an online form for the email data of my brother. Now they have replied and told that they need a court order (which contains few information. I ...
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7 views

How do I find more info about these cases on a county court website?

https://www.saccourt.ca.gov/search.aspx?q=kb%20homes I tried looking up the case numbers, but couldn't find anything
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1answer
76 views

Sued outside a country

What happens when you get sued for civil matters such as breaching employment contract in one country, after you have already left to another country for good? What is the general protocol for these ...
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24 views

Legal theory of standing behind state attorney generals suing companies/organizations?

My understanding of things is that a state attorney general can sue a private company or organization, not just on behalf of the state government, but also on behalf of the state's citizenry. On what ...
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27 views

What happens if a regular lawsuit procedure hits presidential immunity?

Scenario: A sitting president of the U.S. sues somebody for something (what doesn't really matter). The defendant makes a motion for a subpoena/deposition/whatever. The President objects on grounds ...
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2answers
128 views

Can I steal a car back that’s registered to me?

So I made the mistake of co singing for someone that isn’t making payments or even attempting to make payments. The car is registered to both of us so I was thinking what if I get them to pick me up ...
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34 views

Meaning of “costs throughout to” in a court case?

A judge said, "I would therefore dismiss the appeal with costs throughout to the respondent." Excuse my simple post here. I looked for an answer on google, but could not find any. I would like to ...
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1answer
48 views

Are criminal and civil cases pursued differently if the victim is a celebrity?

If a person attacks a famous footballer/soccer player, who is worth millions of dollars, by causing him severe physical damage, and the perpetrator happens to be identified and tried, will this ...
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58 views

Is it legal to OWN a machete in New Jersey? (Decor purposes only)

I bought a machete online about 2 hours ago because I thought it looked cool and I figured it would be nice to display it on my wall. I have no intentions to carry it, use it for illegal purposes, or ...
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67 views

Being a barrier to the right of another

I am in the North Western Province of Sri Lanka. It is a racially mixed country that the people of the world know. Here I run a business in a small town. Someone runs a small restaurant next to my ...
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42 views

Original Jurisdiction of the Supreme Court via congressional abrogation of Sovereign Immunity

In United States v. Georgia the U.S. Supreme Court held that Title II of the ADA validly abrogrates sovereign immunity under the 11th Amendment. A Title II Plaintiff may name a state or one of its ...
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44 views

Can I post email correspondence between myself and my apartment community Property Manager online?

I live in a fairly upscale apartment community in a major city in Florida. I've been having major issues concerning building security and another matters that I tried to address with our property ...
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What would happen if Protagoras v Euathlus were heard in court today?

So, I was browsing Wikipedia today, and I came across this article, detailing a lawsuit in Ancient Greece. Basically, what had occurred was that a man, Protagoras, had entered into a contract with ...
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61 views

tampering with food and drink

Is it illegal if someone put something in an ice maker at work. I brought it up to someone and we KNOW who did it. And can prove it. But there was a metallic taste to it and was stuff floating in the ...
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1answer
109 views

Can a fan be considered an “air conditioning unit”?

Saw this apparently ridiculous statement from Airbnb on social media today, A fan legally constitutes an air conditioner It's unclear by what law that might be the case - the situation took place ...
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2answers
102 views

Does Double Jeopardy apply to civil cases?

Once upon a time I was issued TWO citations for the same instance of illegally parking my car. One citation came from the property owner (it was a private pay-to-park lot), and the other came from the ...
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2answers
51 views

Gag order in reference to a Criminal Investigation

Lets say you reach terms with a party "B" about a dispute and they specify a gag order. That is you cannot disclose the nature of the settlement, or disparage party "B". The settlement is in ...
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42 views

Speed bumps on private non-hoa road (California)

I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job ...
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1answer
59 views

Total dollar amount of damages sought outstanding in US courts?

Is there any report that sheds some light on how much damages are sought in civil cases in total in the US (or another major jurisdiction, e.g. the EU, UK, etc.) at any given point in time in recent ...
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242 views

How long are schools allowed to confiscate items from students?

According to this question and the corresponding answer, schools are legally allowed to confiscate items from students. This is not considered theft, as the intent is not to permanently take the item ...
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3answers
149 views

I lent someone money then they moved out of state and stopped communicating. How do I track down this individual for prosecution?

Against my better judgement I tried to help a fellow renter, my housemate, in a time of need. I had him sign a promissory note and lent him $1200 in Virginia. After the deadline passed I followed up ...
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2answers
73 views

Public disclosure of private conversation

If I am party to a private conversation with a public figure, and that person either records (legally) the audio, a transcript, or if communication occurs via text, does that person have a legal right ...
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112 views

Would I expose myself to liability by verbally abusing a debt collector?

I recently started receiving calls from a debt collector about a debt that I disputed and refused to pay 13 years ago. All the other debt collectors gave up around 10 years ago. They told me right up ...
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1answer
119 views

When can you avoid libel by preceding a false statement with “Sources say” or “I heard”?

Suppose the New York Times writes "Sources say the celebrity John Doe raped his daughter" and they truly found two anonymous people (i.e., two sources) beforehand with that claim. How responsible is ...
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1answer
95 views

Is it legal to sell a used mattress in Westport, CT?

I live in Westport, Connecticut, United States, and want to sell my bed. As a consumer, am I allowed to sell my mattress, even though I've used it? If so, are there any restrictions/regulations I ...
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319 views

How can a person with a similar experience with the defendant, help the plaintiff in a lawsuit?

I lived in a house that was shared with the landlord and other tenants in common. I have now moved out and have a lawsuit started against the landlord. From "rumors" I heard that a previous tenant who ...
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1answer
79 views

How can new villages and cities be formed or incorporated within various states? [closed]

What is the process for creating new villages and/or incorporating cities within the following states? Colorado Washington Pennsylvania Kentucky Missouri New Mexico
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1answer
170 views

Possibility of credit card trolling strategy

Let's say I owe 100k in CC debt. The cc company goes to sue. Correct me but civil trials take months, more.for low priority crap like debt collection. Just before the trial date, I find one of the ...
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2answers
51 views

Giving live streamed video as date stamped evidence of an event in court (UK)

I am planning on serving a notice to quit directly to my landlord soon, and the plan is to live stream putting the letter in the envelope and posting it at their address, so it's very clear that the ...
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1answer
100 views

If a law doesn't exist prohibiting something, does that mean it's legal to do?

My question about is how does the law work in general. If someone does something, and no one can find a law that is being broken, then is the person free to do that thing? Or must a law give ...
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1answer
29 views

What is the optimal form of business, if you are living in Austria and want to minimize legal and tax burden? [closed]

I have a day job and in my leisure write a book. When the book is complete, I want to sell it. Thereafter, I will write another book. The first couple of books will, most likely, be sold at a loss. ...
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28 views

Triple Talaq Bill introduced in Indian Parliament

From an article in a leading newspaper: Mr. Shashi Tharoor said he was against triple talaq, already voided by the Supreme Court, but opposed the Bill as it conflated civil and criminal laws. How ...
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1answer
72 views

What are the consequences of forging a will, in common law and in civil law?

In any legal system (in which individuals can transfer property ownership upon their death through wills), there are probably criteria for when a will is admissible (e.g. the deceased was cognitively ...
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1answer
50 views

Value of parts on a totaled car [MO, US]

Suppose I was driving a totaled car and hit by someone, damaging one side mirror. The mirror was in good condition before this accident, although the car was totaled. Can I file a claim against his ...
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1answer
135 views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
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1answer
80 views

Do corporations have any legal liability for XSS exploits that can harvest private/payment info?

So let's say there's a website that is made up of crowd sourced articles (let's say it's about politics). The website has users from around the world. All articles have to be approved by an editor, ...
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1answer
39 views

Impersonation - promoting contents to make it look like it's coming from someone else

We have 2 people, person A and person B. Let's say person A decides to fabricate contents and made it look like it came from person B and promoted it to anyone and everyone. Person A made it look to ...
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3answers
82 views

Are there any legal restrictions to practicing law over video conference like there is with medicine?

For example in medicine, you have requirements in many states for what constitutes a valid patient / client relationship and that this requires some in-person visits etc. does something exist like ...
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1answer
73 views

Big Data - Analysis from the entire population - Disparate impact

I am reading Barocas, S., & Selbst, A. D. (2016). Big Data’s Disparate Impact. California Law Review. https://doi.org/10.2139/ssrn.2477899 Among other things, the article talks about the ...
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84 views

Saving a parking spot and legal recourse

I have seen others, and may have once or twice, stepped into an open parking spot to "reserve it" for my friend who is coming by, say within a minutes. What laws if any are those "saving a spot" ...
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3answers
120 views

Can I be sued if if the law says I am not liable?

A recent answer had this law quote shall not be liable for damages in any action brought in a Federal or State court and this explanation they cannot be sued over their actions I posted a ...
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2answers
42 views

How can one document a conversation?

When someone gets themselves into a situation where legal action is likely imminent, common legal advice is to document as much as possible. For example, to get copies of letters, to save backups of ...
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2answers
61 views

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
72 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
142 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
128 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
154 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
165 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
350 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
102 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 ...