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
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2answers
85 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 ...
7
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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 ...
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1answer
39 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 ...
3
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1answer
32 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 ...
4
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1answer
90 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 — ...
1
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1answer
39 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
96 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
110 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 ...
1
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1answer
90 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 ...
1
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1answer
20 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
73 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 ...
11
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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. ...
2
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1answer
97 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
69 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 ...
1
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1answer
70 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
99 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 ...
3
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2answers
895 views

Will res judicata kill Bob's case before its advent?

Bob, an unsuspecting auto buyer of the State of California, purchases a new motor vehicle with a balance on its new car warranty ("Cab"). Rob is the previous buyer also within the State of ...
1
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1answer
34 views

Filed each actions at once, could you move the court to conclude one or more actions for relief before moving to other actions?

18 U.S.C. 1915 (f)(1) "Judgment may be rendered for costs at the conclusion of the suit or action [...]" This strikes me as one action may be obtained summary of judgement or other forms of ...
1
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1answer
25 views

Do you make two or more different paragraphs, subdivisions or sections of a statute in the table of authorities separately or how do you go about it?

Say you want to list 3 sections of the same statute in the table of authorities in your pleading including §123 and §124 as well as §125(a) and §125(b); will you list them each or will you list one ...
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2answers
64 views

Can you use definitions for adverbs instead of nouns and personal nouns in a legal context?

Legal definitions where nouns and persons are defined are common place reality of legal writing. We also see often times events and conduct be subject to definitions, and be referred to by a shortened ...
3
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2answers
88 views

What is the definition of “retail” or “at retail” for the purposes of the Song-Beverly Consumer Warranty Act?

Bob, a private individual, visits a store in California — where Corp, the manufacturer, maintains a showroom — and proceeds to purchase a consumer goods. Bob, after explaining his needs relevant to ...
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1answer
52 views

Can China be sued in U.S. court for torts related to COVID?

Does U.S. law allow a U.S. plaintiff to sue China for damages stemming from COVID? (I am not asking whether there is sufficient evidence to support such an allegation; only whether U.S. courts assert ...
14
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1answer
2k views

Are there references to generally known public knowledge under U.S. law?

Under some European jurisdictions, the concept of information known by the broad public hence it requires no proof before the court exist and is accepted to be true unless proven otherwise. Does a ...
2
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1answer
35 views

What state or country can have criminal or civil proceedings?

The hypothetical scenario below occurs in the United States. Suppose I live in State A, but am on vacation to State B. While on vacation, suppose someone living in State C, but currently in State D, ...
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2answers
146 views

Can/shall I sue Domino's if I felt the manager was being racist?

Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist? When I called Domino's for an order that was delayed by 20 minutes, instead of apologizing he ...
2
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1answer
105 views

What was the longest not stricken complaint filed in any U.S. court in the history of the U.S.?

Might sound like a trivia question, but it may have practical implications, too. If there is a different number for "with Exhibits" and "without Exhibits", that would also be ...
4
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4answers
468 views

Are there digital copies of the Restatements of Torts or the Concise Restatement of Torts you can purchase or read online?

I hope to find something searchable to efficiently work with, and so far I could only find paperback copies.
5
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2answers
407 views

Are “evidentiary” standards similar or different in a civil versus criminal case?

In one important respect, civil and criminal cases differ in the required level of proof. That is civil claims need to be proved by a "preponderance of evidence," while criminal charges need ...
3
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2answers
105 views

Is there any case law for written replies to letters or emails satisfying service of process requirements?

Hypo... Bob is required to serve a pre-court proceedings’ notice [or complaint/other filing even] on Cob. Bob and Cob are both [U.S./California] citizens. Bob sends all documents required to Cob in a ...
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2answers
88 views

Under US law, is it illegal to write a self propagating computer worm

Suppose a person creates a self-propagating computer worm that: does not modify or delete any of the victim's files rather displays a funny message to the user scans other computers and spreads ...
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2answers
64 views

Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?

Let's say, in California, a Forbes 500 multi-billionaire wrongdoer has engaged and continues to engage in such fraudulent and/or malicious and oppressive conduct that has made plaintiff and continues ...
4
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2answers
81 views

Confusion about by-laws, unanimous member agreements, and appointment of directors in Canadian not-for-profit organizations

The starting point for my question is this by-law for a not-for-profit organization in Canada (the by-law is about the make-up of the board of directors): "(b) A majority of the Directors must ...
0
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1answer
87 views

Can a company be sued for reporting unpaid bills to lower credit score and send the bill to collections if their payment method doesn't work?

I'm trying to pay a bill but I exhausted all means to pay the bill using their payment methods. Now they sent me an email threatening to send the bill to collection since I have an unpaid bill. I have ...
0
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0answers
13 views

The extent to which probate proceedings impact the timeline for payouts to beneficiaries of (ir)revocable living trusts upon the death of the settlor

In the State of Texas, Settler creates a revocable living trust which, among other things, provides for certain GST-exempt cash payouts to be made upon her death. The trust also provides that ...
1
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1answer
50 views

How far does liability extend in a civil conspiracy?

Acme LLC makes widgets. Bob is a member of Acme. Bob tries to take Acme's widget maker, thinking he can operate the machine himself, but breaks it in the process. Of course Bob has also violated his ...
2
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0answers
72 views

Legality of intentionally sending patches with security vulnerabilities to open source projects

Referring to no one and no incident in particular, imagine that some individuals, interested in performing a social/technical experiment, designed some changes to an open source project, knowing that ...
1
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4answers
101 views

Is there some well known or established principle for this situation? Unfair jurisdictions and un-equal parties

Imagine a situation where an employer offers an employee a contract that stipulates that all disputes should be resolved by some arbitration panel in a tax haven. I don't know about America but I am ...
1
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1answer
52 views

Can Indian Company file a Civil Suit against a Foreigner

A common foreign client is simultaneously in discussion with Company A and Company B in India. The so called client states that Company B product is a copy of Company A's product during the demo ...
70
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6answers
14k views

Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Here is the full question with all the context and details: In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is ...
1
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1answer
70 views

Is there a legal definition of maintaining another (paying maintenance) in English law?

In the legislation for Inheritance (Provision for Dependants) Act 1975 it states that "any person (not being a person included in the foregoing paragraphs of this subsection) who immediately ...
0
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1answer
83 views

Civil Case- Tricky Eviction

Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home. Only problem is that this son has never ...
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3answers
2k views

Discrimination arguments against the Ministry of Education that imposes an ethnicity to pupil

Imagine the fictional Republic of Tratatoria is ethnically composed from Barmaliens, Turariens and Gluzariens. The Minister of Education of the Republic of Tratatoria considers himself as Gluzarien. ...
1
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1answer
188 views

Is it legal for Steam to disable content on my PC?

Some time ago I've downloaded the Demo for the game "Observer" on the Steam platform. I didn't play it immediately though. A few weeks ago I wanted to give it a try and was shocked to find a ...
1
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1answer
87 views

What is the process if a debt collector is unable to identify someone?

What is the process if a debt collector is unable to identify an individual of which they have purchased debt on? I am aware that many of these debt collectors often don't get much information to go ...
2
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2answers
191 views

Are companies at sexual discrimination risk for using whiteboard interviews during the job interview?

Background Currently, many companies hiring software development engineers use a whiteboard algorithms interview technique. This involves asking the job candidate to code a solution to an algorithm ...
1
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2answers
48 views

Question about corporations established through legislation in Canada

PART I of BILL C-93 from February 1997 described the establishment of a corporation and some definitions related to it. The concept of a corporation being established in legislation is new to me, so I ...
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2answers
144 views

Stochastic legal liability

I am trying to understand how do legal systems handle situation where there is no clear causal responsibility of a person, but a well established stochastic relation. I am aware of the "beyond ...

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