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
37 views

How does one meet the “serious harm” threshold in libel cases (UK)?

I'm trying to sue someone in the UK for libel. (I'm in the US.) I've had some UK attorneys willing to take my case, but not on conditional fee. I recently contacted a pro bono organization there, and ...
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61 views

On what grounds can I sue someone who intimidates and verbally abuses another?

There is this guy in my community who is known to be very nasty, always intimidates and verbally abuses people. He is what we can imagine a narcissistic person. We have SMS, video and audio records ...
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42 views

Is it okay not to refund token money?

Last week we had a verbal commitment with our prospective buyer regarding our 3BHK apartment in Bangalore and we were happy that they were interested to buy our house. We did not took any token money ...
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How is an American citizen expected to know how to live lawfully? [duplicate]

I am looking for a resource(s) to learn "The laws of daily living", and trying to understand what the U.S government had in mind for the layperson who may not be able to read the law codes ...
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215 views

Can a question of law be taken to a civil court, while not naming a specific defendant? [closed]

There exist known methods of surveilling people within their homes and elsewhere and even harassing them there that provide complete anonymity for the surveillor/harasser. If those means afford such ...
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65 views

Do police officers in the USA have to carry the law/code book?

I have seen several videos recently where police officers in the USA approach or detain someone, and then open a binder with laws/codes of the area and show the people what they violated. Question is, ...
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48 views

Bait and switch selling

I purchased an 11-piece cabinet at a ridiculously low price and the order was confirmed by the corporate retailer. Few days after reviewing my order they have swapped out the item for a different item....
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How does one prove damages in an emotional distress case when they can't afford treatment?

I was doing some legal research online, and I learned that in emotional distress cases, "...if the defendant's conduct is not so extreme, the plaintiff may need additional evidence that his or ...
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167 views

Isn't statute of limitations irrelevant in real life?

Say someone steals a property title or somehow obtains property fraudulently. Since the transfer of property was never legitimate, didn't the actual title never change, and therefore, the statute ...
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What is the difference between applicable law and governing law?

there: I have a question about what the difference is between applicable law and governing law. Are they the same (one) concept or different? In addition, what is choice of law? Does it mean the ...
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57 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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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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5answers
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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
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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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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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1answer
273 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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2answers
96 views

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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37 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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55 views

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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56 views

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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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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48 views

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
45 views

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
222 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
87 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
103 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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1answer
82 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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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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0answers
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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
80 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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1answer
166 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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1answer
82 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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2answers
272 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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1answer
86 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
24 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
116 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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112 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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