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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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-3 votes
0 answers
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Can an employer extend a start date for a job after it has already been agreed upon and signed? [closed]

I am supposed to be starting my new job in 4 days and my employer reached out to me telling me that they were told by the president of the company to extend all management trainees start date until ...
John Smith's user avatar
10 votes
3 answers
5k views

Is the “civil shield” for employees a real thing?

I have heard people speaking about a supposed “civil shield” for employees, but I can’t find anything that proves or disproves it. The theory is something like, if an employee is following the ...
SegNerd's user avatar
  • 5,163
0 votes
0 answers
149 views

Moneyless Winner wins at Small Claims Court. Loaded Loser appeals, but how can Winner protect against any adverse cost?

After commencing lawsuit at a forum where he could afford any adverse costs†, Impoverished Winner won. But the moneyed Loser can afford, and appeals to, a court that can award costs. Winner doesn't ...
user109440's user avatar
0 votes
0 answers
46 views

Nominate or Innominate?

got this question for my assignment. some of my friends are saying this is nominate contract specifically, a contract of agency. but i believe it to be an innominate contract of do ut facias. would ...
sperebs's user avatar
0 votes
1 answer
82 views

Questions related to confidentiality obligations [closed]

If I accidentally find out that someone else committed a crime, and I don't sue him, will I be punished if it later turns out that I knew in some way? In the above example, what happens if it is not ‘...
sjh's user avatar
  • 3
1 vote
1 answer
108 views

Can I be sued for defamation where the subject of the defamation became provable after the alleged defamation?

Suppose I write in a public Facebook post that Joe the Roofer is a liar and a dishonest person. My post causes Joe to lose customers and his revenue decreases. Joe sues me for defamation. Shortly ...
CodyBugstein's user avatar
-1 votes
1 answer
153 views

A third-party turned over information about me to a party in a case that I am not involved in. What recourse do I have?

A civil lawsuit is going on that I am not a party to. The Plaintiff in that case issued a subpoena to a third-party company whose services I use. The third-party company contacted me and informed me ...
lgshost's user avatar
  • 53
-1 votes
3 answers
163 views

Winning a lawsuit vs. criminal record

In the US, if a wife calls the police for domestic violence by her husband and charged with felony, but the husband prevails in the lawsuit because his wife was accused of perjury and fabricated ...
HelloDarkWorld's user avatar
4 votes
2 answers
889 views

What are the similarities and differences between civil settlements and criminal plea deals?

Except for the type of cases in which they are used, settlements and plea deals seem quite similar. In both cases, the two parties reach an agreement, and they avoid the cost and inconvenience of a ...
Someone's user avatar
  • 17k
2 votes
2 answers
213 views

Does the legal definition of prostitution exclude gifts as a type of “fee”?

This is a really interesting and great question: Hypothetically walking the line between pornography and prostitution I wanted to add one question to the general one of where the conceptual “boundary” ...
Julius Hamilton's user avatar
19 votes
3 answers
6k views

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

As far as I understand the situation between Donald Trump and EJ Carroll she has, very publicly, accused him of rape but there is no conviction or anything else "supporting" that accusation (...
d-b's user avatar
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0 votes
0 answers
172 views

What is current status of Trump's Carroll II payment?

In 2023 a court/jury ruled that Trump should pay $5 million dollars to EJ Carroll. I understand he has submitted that money to the court which is holding it pending an appeal. But I can find no ...
Simd's user avatar
  • 712
10 votes
1 answer
2k views

Can a civil court impose criminal contempt charges?

For a 2nd time, Donald Trump is being sued by E. Jean Carroll for defamation charges relating to his ongoing defamatory actions towards her. The 1st lawsuit relating to these litigants occurred in May ...
Pyrotechnical's user avatar
-4 votes
1 answer
81 views

How can someone exercise their right to a copy of their data from a company? [closed]

I’m familiar with GDPR; in Utah it appears the analogous law is the Consumer Protection Act. In principle, I thought that GDPR gives anyone the right to request a copy of the data a company has about ...
Julius Hamilton's user avatar
-3 votes
1 answer
153 views

Can damages be claimed for the value of items already recovered by other means?

Alicia stole Bob’s £2000 Segway and puts it up on eBay. Alice sees it on eBay for quite cheap (let’s say £150) and decides to buy it on a whim, which she does. She suddenly then finds that she must ...
TylerDurden's user avatar
3 votes
0 answers
53 views

How might I defend or promote more legal allowance to lie down in public? [closed]

I am a person with a history of intermittent homelessness, due to a combination of factors, some part of which being a personal interest in frugality, generally low standards or needs for material ...
Julius Hamilton's user avatar
-6 votes
2 answers
162 views

Going after investors

Now that companies are on the verge of collapse from PFAS litigation, is it okay to go after investors? If Blackrock invests in Exxon then are they liable for anything Exxon does?
user avatar
3 votes
1 answer
1k views

Can a judge make the plaintiff pay defender's legal costs?

Two related questions. Situation is, Bob sues Alice, but has zero evidence (basically, extortion, hoping Alice settles to avoid legal costs and a trial). Alice decides to take things to court. In the ...
user0306's user avatar
  • 1,661
-1 votes
2 answers
162 views

What counts as a good faith effort?

Please consider the following hypothetical situation: The trustee of a trust is reviewing a monthly brokerage of the trust in her home. She lives alone. She leaves the statement in her kitchen. A ...
Bob's user avatar
  • 1,203
8 votes
2 answers
4k views

Is a mistakenly sent bank transfer a cause for unjust enrichment?

Bob meant to send a bank transfer to to his friend Boris Johnson, but instead sent it to Doris Johnson. Does he have a cause of unjust enrolment against the latter?
TylerDurden's user avatar
-4 votes
1 answer
133 views

I am looking for mutual exclusivity examples in law [closed]

This is where, A is legal, B is legal, but they're not both legal, at the same time. Can there be examples in criminal law, across jurisdictions? I can only think of 2 examples in civil law, but only ...
Neal Conroy's user avatar
2 votes
2 answers
274 views

Is it illegal to act against the parents' wishes when taking care of a minor?

When taking care of a minor with permission of the parents, what is the legal force of any rules the parents set? For example, if I look after someone's child, and they tell me the child may not ...
sleske's user avatar
  • 8,235
-1 votes
1 answer
132 views

Why - and when - are some torts actionable per se (vs needing to demonstrate actual damages)? [duplicate]

According to this article: Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects. This tort is actionable per ...
TylerDurden's user avatar
1 vote
1 answer
77 views

Where can I read detailed sequence of events in court cases?

I am a graduate student but not a lawyer, so I have access to databases that might be needed for this through the university library website. I am looking for fun reading, mostly. I was once told that ...
Frank Booth's user avatar
2 votes
1 answer
44 views

Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?

Alice was assaulted by Bob, but suffered no injuries (thus incurred no medical expenses) or other damages or loss. She complains to police, who eventually charge Bob. Bob is convicted, and sentenced ...
TylerDurden's user avatar
0 votes
2 answers
94 views

How does direct action result in a civil claims?

Greenpeace has been involved in direct action from around or before it was officially founded in 1969 - 71. Before this month I have not heard of civil cases being brought against them. Earlier this ...
User65535's user avatar
  • 6,824
5 votes
1 answer
198 views

If one person's illegal act causes another person to unintentionally commit an infraction punished by a fine, can the second person sue the first?

Suppose that Bob steals Alice's wallet, which contains her driver license, from her purse. She does not notice that he did this. Alice, thinking that her wallet is still in her purse (she has no ...
Someone's user avatar
  • 17k
-2 votes
1 answer
97 views

is setting up customer company as a merchant processing agent and paying them with profits legal? [closed]

Say I am selling a service and I sign up a corporate customer for my services(Principal not employee). I then sign that customer to a contract as an agent under my company and the compensation is 30% ...
Doc101's user avatar
  • 11
1 vote
0 answers
61 views

Why is it tradition that a motion to re-open a case occur before filing any other motion in said case?

I've been contemplating the filing a motion to expunge in multiple cases that I'm dealing with. However, I'm under the presumption that it might be necessary for me to file a motion to re-open any ...
Dennis Francis Blewett's user avatar
8 votes
1 answer
924 views

What court in Kentucky, USA handles cases between $2500 and $5000?

I'm not the OP on that Reddit thread, nor have I commented on it, so I'm not trying to spam it. A comment on r/LegalAdvice mentioned Kentucky's small claims limit is $2500 [...] so if the value is ...
cocomac's user avatar
  • 364
-1 votes
1 answer
219 views

What consumer protection laws apply for toll roads that don't make change?

In California there are several toll roads where you "pay to exit." There is a light and a license plate camera if you fail to pay. A vending machine accepts only cash and only exact change. ...
hobs's user avatar
  • 117
9 votes
4 answers
2k views

Renting a car and liability

Let's say someone (Person A) rents out a car to someone else (Person B). They sign a contract that states that the renter of the car (Person B) cannot hold the owner (Person A) financially liable for ...
user55665484375's user avatar
0 votes
2 answers
159 views

What happens when a wrongful death charge turns into murder charge?

If the family of the victim files a wrongful death lawsuit against a person, which to my understanding they can do even with zero evidence, and that same person is the suspect in the murder of that ...
Reverent Lapwing's user avatar
-4 votes
1 answer
100 views

Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?

Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights? Alice assaulted Bob at a demonstration by grabbing his placards ...
TylerDurden's user avatar
1 vote
2 answers
317 views

Is it legal to share digital copies of copyrighted material by allowing access to my cloud drive?

I was watching a YouTube video on an academic subject, and at the end, the creator said that they left a link to their Google Drive with all the sources listed in the video. In that drive, which was ...
Curious Layman's user avatar
30 votes
2 answers
14k views

Why is Trump's alleged fraud in New York not prosecuted as a criminal offense?

The New York Attorney General has filed a civil "complaint" against Donald Trump as well as some family members and companies. The allegations are centering around fraud by inflating ...
Peter - Reinstate Monica's user avatar
12 votes
2 answers
3k views

Civil liability for criminal punishment

Eve, as a practical joke, asks Mark to go to a place she describes as a “public park” to fetch a hat she had supposedly left behind. Unbeknownst to Mark (but beknownst to Eve) the area is actually an ...
Sneftel's user avatar
  • 1,932
-5 votes
1 answer
144 views

the whole judiciary is based on abductive reasoning [closed]

"In abductive arguments, focus on the inference. When a conclusion relies upon an inference and contains new information not found in the premises, the reasoning is inductive. For example, if ...
quanity's user avatar
  • 87
2 votes
3 answers
346 views

Which law rules polygraphs inadmissible in UK?

Where does it say that polygraph tests (lie detector tests) are inadmissible under law in England and Wales? I am mostly interested in their usage being disallowed for criminal (both Magistrates' ...
user5623335's user avatar
  • 1,154
2 votes
1 answer
73 views

What is the threshold of disruption caused necessary to establish an aggravated trespass?

Section 68 Criminal Justice and Public Order Act 1994 creates the offence of aggravated trespass turning the act into a crime from a mere civil tort. But the line seems rather fuzzy. So which ...
TylerDurden's user avatar
0 votes
2 answers
249 views

Why don't victims often sue perpetrators / suspects? [closed]

Famously, although O.J. Simpson was acquitted of the murders of Nicole Brown and Ron Goldman, he was later sued by their families and found to be liable for the deaths in a civil court. The difference ...
komodosp's user avatar
  • 797
0 votes
2 answers
113 views

Are attorneys legally or ethically bound to share evidence in civil cases before complaints are filed?

Are attorneys legally or ethically bound to share evidence or discovery materials in civil matters before actual complaints are filed? Let's say Person A (a non-public figure) suspects Person B (a non-...
BlueDogRanch's user avatar
  • 18.8k
9 votes
2 answers
1k views

Burden of Proof for Reprinting a Book

You republish a book from 1923 without asking anyone. The original publisher (or its successor) sues you. Do you need to proof that the author is 70 years dead already, or lies the burden of proof on ...
J Fabian Meier's user avatar
1 vote
3 answers
97 views

Serving as a trustee of a trust

A person serves as a trustee of an asset protection trust without compensation. Suppose there is a problem and some of the money is missing from the trust. Could the trustee be sued and have to pay ...
Bob's user avatar
  • 1,203
2 votes
0 answers
108 views

Prevailing party is partially successful and there is an agreement regarding attorney's fees [closed]

There is an agreement between two parties that in the event of a lawsuit to recover fees, the prevailing party is to be awarded attorney's fees. A lawsuit results in the plaintiff being awarded only ...
TGK's user avatar
  • 21
-1 votes
1 answer
157 views

Is an exact match necessary to prove trademark infringement?

For the sake of example, let's use Robert E. Howard's character "Conan, the Barbarian". The author died in June 11, 1936, Cross Plains, Texas, United States. As seen above, it's been almost ...
Mindwin Remember Monica's user avatar
4 votes
0 answers
110 views

Can I issue a lawsuit against my city for having unsafe air quality?

I live in Ljubljana, the capital city of Slovenia(EU). In many parts of my city, there are many times a high level of air pollution because of cars, especially in the area where I'm currently living. ...
user avatar
3 votes
1 answer
165 views

Do reward-seekers have a duty to minimize loss or harm to a third party?

Alice repeatedly commits some tortious act against Bob (say, defamation, or copyright infringement, or breach of contract). Under the principle of mitigation, Bob must take reasonable action to ...
Psychonaut's user avatar
1 vote
1 answer
141 views

Decoding and publishing lock combination

Many combination locks can easily have their combinations decoded, even while the lock is shut. Suppose someone decoded the combination to a lock, wrote down the combination on a piece of paper, and ...
isaacg's user avatar
  • 181
9 votes
4 answers
2k views

Is it possible for a court to adjust damages awards upward beyond what is asked for?

When a plaintiff (or counter-claimant) has only sought $1 in relief, do courts ever adjust that upward to reflect the true value of damages?
TylerDurden's user avatar

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