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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Deriving Benefit from a Resource vs Paying For Resource

This question has to do with making use of FHWA funds. In their terminology the FTA provides funds to state agency STAs and in turn to local agency LTAs. All money from the FTA have specific laws/...
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1 answer
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Is it rightly understood that any termination without just cause are unjust practices

Let's assume a Telco has terminated a consumer's lines without just cause. The disconnection is due to their failure of rectifying a billing issue. They didn't provide any customer support during the ...
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What's the consumer's rights in a Telco billing dispute?

My aunt has a billing dispute with a Telco. Telco apologises and promises to resolve the billing issues but nothing has been done. Her lines are disconnected twice in a month because of the ...
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7 votes
2 answers
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Can one's personal electronic accounts be forced to be made accessible in a civil case like divorce?

If there's a criminal case, the police can get a warrant to access someone's electronic communications without the suspect's consent. What about a civil case (if it makes a difference, let's say ...
5 votes
1 answer
250 views

In what cases is a U.S. Federal Executive Official named in a lawsuit in their official capacity as a defendant and when is the US itself named?

I was curious under what situations the United States is named as the defendant in a lawsuit as opposed to when a U.S. Federal Executive Official (or agency) is named (in their official capacity) as ...
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What is the term for when a person or company tries to avoid liability by not responding to legal proceedings or requests for information?

For instance, let's say there is a law that requires social media companies to delete personal user account information upon request. Hypothetically, to avoid openly defying the law that requires them ...
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The Social Action Responsibility and Heroism Act (England and Wales)

Is there an equivalent law in SCOTLAND and NORTHERN IRELAND to The Social Action Responsibility and Heroism Act 2015 (England and Wales)?
5 votes
2 answers
178 views

What entity is legally obliged to compensate for damage accidentally inflicted at a non-belligerent state territory during military conflict?

The question is based on recent events: Yesterday (15th Nov 2022) a supposedly stray missile hit Polish territory, causing loss of life (2 fatalities) and property damage. Poland is non-belligerent ...
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1 vote
1 answer
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Incorrectly Filing a Civil Case

What happens if a civil case is incorrectly filed? Is there recourse to request that the case be dropped and make the petitioner refile the case? For example, in Indiana, a petition for a protective ...
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1 answer
125 views

Is it possible to sue a UK national from the USA?

Plaintiff is a U.S. citizen living who spent a year as a student living in the United Kingdom. During that year she was the victim of a sex crime. There may have been a criminal trial, and the outcome ...
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2 answers
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What is the legal basis or standing of Transport for London (TfL) charging a driver's award for returning items lost in taxis?

Is it lawful to charge someone more than postage and storage fees for example, in order to reunite them with their lawful property? Is it even legal to charge them storage fees? If so then what is the ...
3 votes
1 answer
128 views

Is a response to a N5B section 21 accelerated claim required to be given on the dedicated form N11B?

Alice has received an accelerated section 21 claim from the court on form N5B, which legally is invalid. There exists a long and quite involved form intended for use in answering N5B accelerated ...
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1 answer
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Law about adult video websites retaining actors' PII

Pretend there is a British person in the United Kingdom (England & Wales jurisdiction), that for some legally justifiable reason needs to obtain the name (and other information) of a female adult ...
12 votes
2 answers
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What kind of civil action is created by the Texas Heartbeat Act?

Section 171.208 of the Texas Heartbeat Act of 2021 allows "[a]ny person, other than an officer or employee of a state or local governmental entity in this state" to "bring a civil ...
2 votes
1 answer
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Does absence of legal advice affect litigation of a written agreement?

It is common for parties to a contract to adapt templates (in a generally misguided effort to avoid legal costs). In such cases, the Written Agreement may not reflect the parties' Actual Agreement. ...
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21 votes
7 answers
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When does silence imply consent?

Does the saying qui tacet consentire videtur (silence implies consent) carry any weight in civil litigation? For example, suppose that Alice emails Bob, "When I began work we agreed that the rate ...
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5 votes
2 answers
690 views

Assaulted by store employee: who is liable?

Meet Bob. Bob was egregiously assaulted by a stores security guard who damages his phone and vehicle. One of the other employees grabs his phone out of his hand on retribution for attempting to ...
3 votes
1 answer
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When do Section 33D notices actually get used?

Section 8 of the Housing Act 1988 describes the effect of such a notice being issued upon landlords by the Home Office, and the content of such notices makes obvious when it can be sent and might be ...
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1 answer
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Can a defaulted debt negatively affect one's credit without being affirmed by a court judgment?

If so, then how? Can creditors report defaults directly to credit rating agencies? What is required for them to be believed if they don't have a CCJ to back them?
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Costs orders when liabilities offset against counterclaims

Meet Bob. Bob owes Alice £800, which she sues him for. The court affirms the validity of the debt and agrees to enforce it, however, Bob counterclaims £1200 from Alice on which he also prevails, ...
2 votes
1 answer
281 views

Failing to return hired goods: criminal offence or civil matter?

Meet Bob. Bob hired a TfL/Santander bicycle for £1.65/30minutes and lost it. Bob has presumably committed a breach of contract, but has he committed a criminal offence? Now meet Alice. Alice hired a ...
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1 answer
74 views

Does the general procedure of law vary from one country to another [closed]

I am sure the statutes and other legal terminologies vary quite significantly from one country to another. But does the general procedure of enforcing law, litigation vary significantly from one ...
-2 votes
2 answers
207 views

Sitting in first class with a standard class ticket

Sitting in first class with a standard class ticket Meet Bob. Bob purchased a ticket from Bristol to Exeter on a standard class seat. However, upon boarding the train he conveniently finds that the ...
21 votes
7 answers
9k views

Why doesn't law take into account probability?

My question is based on my layman understanding, I'm not in law When I think of "[damages]"* I think of "what is the expected liability from an interaction," as opposed to "...
1 vote
1 answer
93 views

Not returning a refund for a car purchase

Imagine someone pays a deposit for an out of state “classic” car, with an agreement that the balance would be payable when the car is collected - although no time frame was agreed between the two ...
1 vote
1 answer
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I am trying to find a case that contained language about campaign promises about legislation being actively legislated

I had simply searched for cases that dealt with campaign promises and when they are legally binding or illegal. I have tried to find the case again because it did a good job of explaining why unkept ...
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court appearance when stay order from higher court

In India for a relative's divorce case, a petition is filed in high court against a case in lower court. The higher court has issued a stay order. But my relative's lawyer in lower court says he still ...
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Finding detailed information about Civil Legal Advice remit

Civil Legal Advice (formerly community legal advice) offers advice to those qualifying for legal aid on a handful of different types of matters: If you're eligible, you can get help from CLA for ...
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2 answers
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Are Name, Image and Likeness (NIL) of public athletes protected by copyright?

Assume the following facts: Jurisdiction: Ohio Alice is a professional athlete, well known to the public. Bob makes "fan art" of Alice and attempts to sell his art to the public. Question: ...
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0 answers
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Which US States Allow Pre-litigation Civil Supoenas?

In which US States are pre-litigation civil subpoenas allowed? Thank you, James Pedersen
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Can Administrative Subpoenas be Issued by Local Government Agencies in the US?

In the U.S. do local government agencies such as police departments or superior courts have the ability to issue administrative subpoenas, or is this power restricted to only federal government ...
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1 answer
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How to conserve digital proof?

There is some statement, put in digital form on the internet, wich I would like to conserve. The issue is its not available freely but rather after a login,so Internet Archive isn't an Option. How do ...
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1 answer
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Landscaping contractor not removing bin from driveway

I recently hired a contractor to do my house's landscaping. For this purpose my contractor rented a bin from a third party and placed it on my driveway ( of course with my permission) . Now the ...
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13 votes
5 answers
7k views

Getting paid by mistake after leaving a company?

Pretend someone worked at a company and was paid monthly. A month after leaving they are paid their severance, and should not receive any payment in the future. A month later, they are contacted by ...
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1 answer
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In civil claims is there any requirment for the claimant to prove ownership of assets in question?

As title, in a civil claim is there any general requirement for the claimant to positively demonstrate ownership over the assets in question? Or any specific rules that apply to car claims after an ...
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2 answers
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How are statutes cited in a trial?

When an argument in a court case relies on the specifics of a statute, and that case goes to trial, how does that statute typically get presented to the opposing party and the judge? Does the ...
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1 answer
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How do courts value cars in civil claims?

If a car accident claim was heard in a court via the Money Claims service, and the value of the car was lower than the cost of repair, how would the court determine a suitable level for the ...
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2 answers
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In civil cases, how are allegations of fraud handled?

Fraud is, of course, a criminal charge. However, in some civil cases there might be an allegation of fraud. The problem here is that one is essentially trying to prove a criminal act in a civil ...
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2 votes
0 answers
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Is there any authority that says a federal case is considered final upon entry on the civil docket?

So I have a federal case where the decision was made on a Monday (let us call it January 19) but the order was not entered on the federal civil docket until Wednesday (January 21). When is the case ...
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2 answers
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A dual civil lawsuit & criminal case

This one pertains to Canadian Law: Can one have a case in which an employee for a company performed an act in malice that caused injury to a party. Then that party puts forward a criminal case against ...
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3 votes
1 answer
329 views

What if you cannot pay the damages in a civil law suit?

This question is in response to the defamation case between Mr Johnny Depp and Miss Amber Heard. Mr Depp claims that the defamation damages amount to 50 million dollars. Now suppose that the jury ...
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5 votes
3 answers
254 views

What is actually the difference between a *crime* and a *civil wrong*?

I have two questions I'd like some help on, the answers to which potentially depend on each other. The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
1 vote
3 answers
121 views

The burden of proof in UK civil trials

In UK civil trials, it is said that The burden of proof is on the claimant. The case will be decided ‘on the balance of probabilities’. Are these assertions consistent? Based on the second statement,...
6 votes
1 answer
214 views

Is there any branch of the law, where a foetus is given legal personality separate to that of the mother?

If the rights or wrongs of abortion are a judicial matter rather than political, central to it would seem to be the question of what defines a "person". Critical to the idea that abortion ...
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9 votes
1 answer
626 views

What is tort law and how does it differ from civil law?

Is there any difference or overlap between the two? Does one more broadly encompass the other? Are torts defined in statute or do they exist alongside statute in some way more fundamentally and less ...
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1 answer
47 views

Spanish Will Office?

Imagine somebody writes a will in Spain, and later on dies. For some reason, this has not been posted, nor was the beneficiary notified through any other means. Is there a central government office, ...
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0 answers
47 views

Can testimony from a mistrial be used in succeeding trials?

On the 12th of August 2012, 15-year-old Bobby Moore III was shot and killed by Little Rock (AR) PD officer Joshua Hastings. I highly recommend reading this article that covers the case pretty well, as ...
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10 votes
3 answers
4k views

Does the USA actually have debtors prison or jail after a court order?

Okay, I know officially the answer is "no, there is no such thing as debtors jail for civil debts in the USA", however let's explore this. Suppose a person is sued by a creditor for a debt. ...
1 vote
1 answer
95 views

While stopping an active shooter, if I accidentally shoot a bystander, could I be held criminally and/or civilly liable?

The question pretty much covers it, but I will elaborate. Let's imagine I am in a public place, such as a mall, or some other large gathering of people, when I hear gunshots ring out. Let's say that I ...
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2 answers
115 views

What makes a lawsuit reasonable?

I often hear it said on this site that, in the U.S., you can sue anyone for anything at anytime; it's just a question of whether your lawsuit will be taken seriously and whether you stand a chance of ...
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