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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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 ...
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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 ...
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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 ...
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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% ...
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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 ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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' ...
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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 ...
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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 ...
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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-...
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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 ...
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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 ...
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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 ...
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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 ...
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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. ...
user50418
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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 ...
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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 ...
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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?
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Why was Gwyneth Paltrow‘s $1 not either adjusted upward or deemed frivolous?
Gwyneth Paltrow was subject to a merit less claim for however much, and she defended it while bringing a symbolic counter claim for $1, which I understood that she won on that order.
This brings up a ...
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Issues with asking if legal action have been taken? [closed]
I was working for a forum and have since left. To cut a long story short, I have an intrusive thought all day every day that he's going to take legal action against me, since we had a data breach(I've ...
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in India is there a code that defines civil offences the same way as there is indian penal code?
There is 3 main laws regarding offences , Indian penal code , Code of Criminal procedure and Code of Civil procedure. the third law only describes civil procedure but doesn't define what laws count as ...
user49663
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Can a judgment be appealed on grounds that it was moot? [duplicate]
It seems my previous question was misunderstood. A user suggested that I ask a new question instead of rewording the previous one.
The answers to that question addressed whether a decision that a case ...
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Can one appeal a moot judgement? [closed]
Coming on the heels of this question:
It seems like the action for possession would be moot under these
circumstances, prohibiting the court from entering judgment.
Accordingly, we ordinarily ...
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Under what rules may money judgments be granted during possession proceedings?
Money awards are regularly granted in the course of possession proceedings, but what rule or rules of law enable and govern this practice?
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Is it ever possible to "sell" the right to action a tort?
Suppose Bob discriminates against Alice on a date 1/1/2023. Alice has a right to sue Bob for this discrimination for some limited period, but she doesn't care to bother with the hassle of pursuing ...
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Why is it called Civil Law? What's "civil" about it?
Why is a civil legal system referred to as a system of “civil” law? In what sense is it “civil”? Does the name derive from origins in or association with the civil code or code civil? In this case, ...
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Does a purely accidental act preclude civil liability for its resulting damages?
A recent answer by Dale M. States that:
A pure accident without any negligence on your part does not expose you to liability.
Is this the general rule? What is the basis for that being so if it is? ...
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Merchandise damaged prior to purchase
Imagine one is browsing items in the aisles of a grocery store and drops one of them accidentally on the floor so it breaks.
Must any grocery store would generally write it off and tell a customer not ...
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Property developers buying shared freehold blocks of flats (UK)
If a block of flats is shared freehold, say 20 flats and a developer buys a load, if they buy more than a certain % can they force the sale of the remaining flats?
The block is located in England and ...
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Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
If a landlord enters residential premises without receiving a judgment for possession and without the presence of a Special Civil Part Officer what recourse does the tenant have USA?
Can they be ...
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How did Dominion justify the 1.6 billion value they're suing Fox News for?
Dominion is suing for 1.6 billion in their defamation case against Fox News. Google tells me they make an annual income of less then 100 million and their entire company is only valued at 80 million. ...
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In the Dominion lawsuit at what point does a statement implying, but not explicitly stating, fraud occurred rise to the level of defamation?
It seems the primary defense Fox News' lawyers are making in the Dominion defamation lawsuit seems to be that Fox was only sharing alleged allegations and expressing opinion, but they never explicitly ...
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How did the “American rule” as to legal costs originate?
At some point the US diverged from its common law ancestor, the English system, and the respective divergences came to be known as the American and English rules. The American rule is that parties ...
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when are attorney’s fees recoverable by a prevailing party?
In the American rule it is only in certain infrequently occurring circumstances that a prevailing party can recover legal costs. What are these circumstances?
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Can litigants in person claim other costs than their time?
Suppose an in person litigant wins their case. Now suppose they wish to seek costs from their counterpart. Typically this is assessed at £19ph. But what if this litigant was disabled, for example ...
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Why is the standard for proof of guilt much lower in civil law systems? [closed]
and a lot of guarantees like right against self incrimination are also not available in civil law systems. What is the reason behind this? It is said that the stakes are much lower in civil cases, but ...
user49663
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How did Dominion legally obtain text messages from Fox News hosts?
In the current case of Dominion v Fox News, we saw that text messages from Fox News hosts have been admitted as legal evidence in court.
My understanding was that text messages either had to be turned ...
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Where do bailiffs store seized goods prior to auction?
Is the answer to this legally regulated? I would expect yes quite closely so, but do not Know.
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Is TfL bound By their pledged fare freezes?
Is TfL bound in any way to honour their pledged fare freezes to the public on advertising billboards even though there is no contractual loss or consideration? What are the pledges legal status and ...
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Why must claims against the police for human rights act breaches be brought within 1 year? [closed]
The standard limiation period is 6 years. So why are human rights act breaches - supposedly more serious than other matters - confined to one year?
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Does common law encompass criminal law?
A recent answer distinguishes the two but I had always thought that common law includes both civil and criminal components. Does it not?
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Economic Duress Induced Illegally Makes a Contract Void or Voidable?
This answer explains the difference between a void and voidable contract:
Void means it never happened
Voidable means someone has the right to declare it void (q.v.)
If a contract was signed due to ...
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