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
26 views

Self defense damages

Someone attacks me. I punch them in self defense. During the punch I dislocate my shoulder. Are there civil damages incurred when I injured myself in self defense and got a medical bill?
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A question regarding becoming European and German patent attorney

I'm thinking about becoming an European and German patent attorney. I'm right now studying electronics, but consider myself closer to informatics, and software development. As far as I have researched,...
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How does false advertisment regulation apply to games claiming your IQ is determined by your success in the game?

I've seen a number of mobile game advertisements which will hover an IQ score above the game with it going up or down based off of rather the player makes a correct move in the game. While they don't ...
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Stripper garnishments

Say I have a money judgment against a stripper. She reports 5000 monthly income but its obvious (camera, witnesses, car and rent etc) that she made several times that. Can a judge impute income and ...
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1answer
54 views

Is incurring taxes on someone a damage?

Imagine this scenario. Person A owns a investment account managed by broker B. A tries to sell an investment in a tax advantaged way. B maliciously does the transaction wrong, causing A to incur taxes....
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Why has a domestic violence case made public online? (California)

According to my understanding California law prohibits the courts from giving online access to the documents in a domestic violence cases (for example through websites such as unicourt). Is that ...
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4answers
2k views

What can happen if you violate a cease and desist letter?

A few months ago, my alma mater emailed me a cease and desist letter for repeatedly trying to have a grievance against a former professor dismissed and complaining about how the dept. chair handled ...
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1answer
87 views

I'm an engineer. Can I build something that is patented asuming I don't share, sell or profit off the item?

I found a few posts but they were a bit ambigous a a lot was left to the uneducated imagination of mine. Title says it all really. Say I wanted to build a special type of laser, I do NOT want to sell ...
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81 views

Could a poll's claimed results be defamatory?

In the Trump campaign's letter demanding that CNN retract its poll claiming Biden leads Trump, the letter claims: The poll is intentionally false, defamatory and misleading, and designed to harm ...
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Update a dead person's situation in Italy - Who can do it?

My great-grandfather was born in Italy and emmigrated from there when he was 16 years old. He married and died in Brazil, and his daughter (also born in Brazil) is my grandmother. To obtain an ...
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Sandy Hook defamation case and opinions based on disclosed facts

(Note that I 100% think the Sandy Hook shootings were 100% real.) From a BBC article: In June a Wisconsin judge ruled that James Fetzer had defamed Leonard Pozner by claiming he had fabricated the ...
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249 views

Is a grievance filed during an acute episode of mental illness valid? [closed]

During an acute mental health episode last year, I emailed my department chair complaining about the "tone" (and wording choice) of some of my former professor's communications, accusing her ...
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Has any legal system ever enforced all of its laws?

A recent Travel Stack Exchange question about an immigration provision in the federal code lead to a bunch of respondents noting that the law in question is simply not enforced, with one person openly ...
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35 views

Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
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Liability and Responsibility what is the importance of the distinction in common Law

In Civil Law( legal system) there is no distinction between Liability and Responsibility. One can only seek(judicially) the cessation of an illegal act if they have suffered damages. One can only ...
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What tenant laws apply if there is a non-code compliant living situation in CA?

I'm living in an RV in El Dorado County, CA where like in many counties, it is illegal to occupy a motorhome on residential property. Of course, El Dorado County is so rural that many people do it. ...
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When (if ever) is it a tort for a reporter to reveal “off the record” info?

Outside of NDAs and other confidentiality contracts, are there any circumstances where it would be a tort for a reporter to reveal information that was shared under an "off the record" condition?
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What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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Pictures of people breaking the law in Facebook

Within this COVID19 pandemic various activities were forbidden in Portugal, like spearfishing or catching crabs in rocks. Yet, some people insist on doing them (let's call them rebels) but in a "...
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1answer
29 views

Neighbour dispute

If any visitor comes to my home, then when they return from my home, my neighbour comes near the fence and starts talking with my visitors. I feel it as a disturbance for my privacy and for ...
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1answer
55 views

What happens when someone sells a found item?

I got into a discussion about finder's law yesterday. I live in Canada, so that's the law we were looking at, but I'd be interested in law from any jurisdiction. Most of our discussion was based on ...
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What do I do after found out the neighbor didn't have the permit for their loud spa?

My neighbor has a spa and its equipment is located next to our joint property line, the equipment is less than 1 ft to our fence. I tried to communicate with the neighbor, they expressed them clearly ...
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3answers
3k views

Does the New York State Governor have the authority to impose fines?

The New York State Governor has allegedly declared a "fine for violations of the state's social distancing protocol from $500 to $1,000...." The government website claiming that declaration ...
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1answer
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How do plaintiffs get emails relating to companies they are suing?

For example in the case of IBM getting sued over age discrimination, the plaintiff somehow got emails showing that upper management instructed his director manager not to transfer him but to fire him. ...
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2answers
214 views

Can I sue my employer if they terminate my employment while I'm laid off during the Coronavirus outbreak?

I am currently laid off from my job due to the Coronavirus outbreak. My employer informed my coworkers and I in a group meeting on the day before the lay-off that we would all be brought back to work ...
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1answer
83 views

Does the Trump campaign have standing to sue over defamation against Trump?

The NY Times, the Washington Post and, most recently, CNN, are being sued for defaming Trump. However: As with the other two cases, this one is being brought on behalf of the campaign, rather than ...
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1answer
101 views

Would conditioning wildlife to harrass someone playing music too loud risk legal repercussions?

This XKCD comic jokingly suggest training wildlife to harass people playing music too loud in their car: I'm pretty sure no one is actually considering a solution like this, but it made me curious ...
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79 views

If I find a meteorite do I get to keep it?

If I find a meteorite do I get to keep it? Does it make a difference if I find it in my own lawn or on public land? I am especially interested how law is in European countries.
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51 views

Quitclaim reversal in Washington state. Statue of limitations? Options? Legal recourse?

My question involves real estate located in the State of: Washington My home, has been hostilely taken over. It appears after my home was legally purchased and transferred into my name, that a ...
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Who decides the sale price of jointly owned property?

Two friends decide to purchase a condo 50/50 and become roommates. Foolishly, no agreement between the friends is entered. Shortly after, roommate A finds a girlfriend. The relationship rapidly ...
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2answers
78 views

How to find what arguments were used in a case?

Is there a public record of the arguments used in court cases? There is a news story in the UK at the moment about the Post Office prosecuting sub-postmasters for fraud, where it was the post office ...
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3answers
1k views

Simple Majority - Ignorance of the Law

My question is about ignorance of the law. My organization has used the term "simple majority" incorrectly for 70 years. We recently learned we use a plurality vote but called it "simple majority" in ...
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Who represents the State in Georgia for DFCS/CPS cases?

I currently live in Texas, and I know that here, when a family is involved in a Child Protective Services (CPS) case, CPS is represented by the County Attorney's office for larger areas, and are ...
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156 views

Is There a Legal Distance to Slow Down After Passing a Speed Limit Sign of a Lower Speed? [MA]

I recently moved to Western Massachusetts from New Hampshire, where speed limit changes of 10+ MPH are always marked with "reduced speed ahead" signs. According to the Massachusetts government website:...
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81 views

Is there an eventual legal obligation to return the Elgin Marbles to Greece?

Greece as a state was born in 1829 with the London Protocol so it would have to be a nasciturus for it to have ownership (retroactively) between 1801-1812 when the Elgin Marbles were being removed. ...
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Florida statute 790.053. Is daytime camping (hiking) covered under the open carry exception

Ideally I'd like to find a legal definition, statement, document to help interpret/answer my question. I have been combing through the definitions (790.001) and have not found anything that defines ...
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218 views

Is it legal to film and record in public areas in Sweden?

The title says it all: Is it legal to film and record anything in public areas in Sweden (e.g. using a mobile phone)? Starting from roads/trees/object to people and especially the police (e.g. in a ...
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83 views

If a retailer refuses to sell an item citing a state law are they required to prove the legitimacy of the law?

A convenience store clerk refused to sell me tobacco when I declined her request to scan my ID. I did allow her to inspect my picture ID which clearly showed my age to be 63 (as if she couldn't tell ...
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1answer
23 views

Lawsuit over the breach of Terms and Services against a non-resident

So, there's an automation tool for a well-known US-based online platform. Can that platform sue a non-US-based company (or an individual residing outside of the USA) over a breach of its Terms of ...
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2answers
114 views

Is it damages to cause someone's premiums to increase?

I bought a car as an "or" title with someone. She signed it over to herself without telling me while I paid the insurance. So I think there are damages there. Additionally, which is what I am asking ...
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103 views

Preclusive effect of federal declaratory judgment in state court criminal proceedings

This question presumes the following circumstances: A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
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1answer
88 views

My car insurance company is taking a very long time to evaluate damage on my car — What are my rights?

I had an accident (not at my fault) about a month ago with my car. The car stopped working, and I had to tow the car to a shop. The insurance company said they would do their best to quickly evaluate ...
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How different is the French juristical system from the German one?

How different is the French juristical system from the German one? If you have studied French law, can you become a German lawyer, and vice versa (specifically an intellectual lawyer)?
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82 views

What responses can be filed against plaintiff's complaint that was filed with intent to harass?

Imagine that a plaintiff and his attorney both have acted in bad faith and sued you, and that: "facts" alleged by the plaintiff in the complaint are wrong and the plaintiff's attorney has not done ...
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1answer
86 views

Hotel charged me for damages, claimed I smoked in the room UK

I was going over my expenses and found a £200 charge from a hotel I stayed at over a month ago. I called to ask why, and they said that there was a "smell of smoke" and they "found something in the ...
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Precedent Request— Reasonable accommodations under the FHA in the context of eviction proceedings

I am looking for circuit court and/or supreme court cases (specifically 5th circuit but all are welcome) that state or refute: 1.) A landlords obligation under the fair housing act to make reasonable ...
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122 views

You must pay more just because you can

Suppose I win a civil lawsuit against two parties in California, one being wealthy and the other being poor (and unlikely to pay), but the poor party has clearly (according to the judge, any jury ...
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191 views

Can a man who owns a strip of land going through another's house extort the owner of the house with threat to build on the land?

There was a recent article on cracked.com discussing an individual who accidentally purchased a tiny strip of land, worth approximately 50 dollars, thinking he was purchasing the house it ran through. ...
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143 views

Missed flight, can we take the airline to court to claim money to rebook remaining flights?

A couple of weeks ago me and my partner went on holiday. We had booked with Thai Airways and had a multi-part ticket. London -> Bangkok, Bangkok -> Tokyo, Osaka -> London (via Bangkok) On the day of ...
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107 views

Does paying for other party's attorney fees have a chilling effect?

I understand and agree with the fairness in the losing party having to pay the other party's attorney fees. However, won't this foster a chilling effect on the "little guys" (we, the peasants) from ...

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