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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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What are the consequences of forging a will, in common law and in civil law?

In any legal system (in which individuals can transfer property ownership upon their death through wills), there are probably criteria for when a will is admissible (e.g. the deceased was cognitively ...
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42 views

Value of parts on a totaled car [MO, US]

Suppose I was driving a totaled car and hit by someone, damaging one side mirror. The mirror was in good condition before this accident, although the car was totaled. Can I file a claim against his ...
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58 views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
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Do corporations have any legal liability for XSS exploits that can harvest private/payment info?

So let's say there's a website that is made up of crowd sourced articles (let's say it's about politics). The website has users from around the world. All articles have to be approved by an editor, ...
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Time line on the distribution of a will

My husbands aunt passed away 3 years ago this August. His older sister was changed to be the executor and has made a mess out of everything. She has not done any accounting of anything and has still ...
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1answer
34 views

Impersonation - promoting contents to make it look like it's coming from someone else

We have 2 people, person A and person B. Let's say person A decides to fabricate contents and made it look like it came from person B and promoted it to anyone and everyone. Person A made it look to ...
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3answers
77 views

Are there any legal restrictions to practicing law over video conference like there is with medicine?

For example in medicine, you have requirements in many states for what constitutes a valid patient / client relationship and that this requires some in-person visits etc. does something exist like ...
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41 views

Big Data - Analysis from the entire population - Disparate impact

I am reading Barocas, S., & Selbst, A. D. (2016). Big Data’s Disparate Impact. California Law Review. https://doi.org/10.2139/ssrn.2477899 Among other things, the article talks about the ...
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81 views

Saving a parking spot and legal recourse

I have seen others, and may have once or twice, stepped into an open parking spot to "reserve it" for my friend who is coming by, say within a minutes. What laws if any are those "saving a spot" ...
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third-party medical malpractice for lack of vaccination?

Suppose (this being hypothetical), a certain vaccine is not required by a government but is recommended by a government for people like J. Doe, J. Doe consults a doctor about whether to get the ...
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3answers
113 views

Can I be sued if if the law says I am not liable?

A recent answer had this law quote shall not be liable for damages in any action brought in a Federal or State court and this explanation they cannot be sued over their actions I posted a ...
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2answers
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How can one document a conversation?

When someone gets themselves into a situation where legal action is likely imminent, common legal advice is to document as much as possible. For example, to get copies of letters, to save backups of ...
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Duty of care dilemma when reporting Web vulnerabilities to both Stakeholders and Web Service owner

Ok, I am going to ask this question with an Analogy. A Locksmith is walking in the street and comes across a door. The door seems to be well secured to a normal user and is actually a door to safe ...
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2answers
67 views

Is it very difficult to collect a debt if the defendant cannot be served? [closed]

Small claims generally do not allow service by publication. If the defendant cannot be found you have to pursue a real lawsuit. This will not be worthwhile unless there is tens of thousands of dollars ...
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1answer
114 views

Prior to a divorce, can a spouse prevent the use of any saved assets?

Lets say Bob and Mary are about to get separated and divorced. Bob has a 401K and a savings account that Mary can not access. To prevent having to give Mary half when they divorce, Bob decides he ...
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1answer
116 views

Liability of online service provider for illegal user content?

Suppose someone develops a chat app where you can send messages and pictures. Messages are stored in a database. The developer, who is also the site owner, would have pretty much access to every ...
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1answer
98 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
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1answer
149 views

Liability from attaching a note with tape to an improperly parked car?

I am a security officer for a private estate. I frequently deal with cars parking in a way that obstructs other vehicles. On a recent occasion I asked the various tenants of the estate and each ...
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1answer
289 views

Are marketplace lenders subject to fair lending laws?

Are 'marketplace' lenders, such as those using Lending Club or Funding Circle, etc., subject to fair lending provisions, such as the Equal Credit Opportunity Act or the Fair Lending provisions of the ...
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1answer
86 views

Position statement claiming that something is evidence

In the family law proceedings I'm dealing with the following sentence written by the solicitors of the respondent: "This Statement is true to the best of my knowledge and belief and I make it known ...
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1answer
99 views

Sue the Girl Scouts

Some Girl Scouts have rebranded their Samoa cookies into Momoas. Could Jason Momoa sue the Girl Scouts for using his likeness without his permission? Or would this constitute some fair use or public ...
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4answers
5k views

Equivalent of “illegal” for violating civil law

If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
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Can a defendent travel overseas if served with a claim/summons to UK civil court?

If i have am served a claim form by the claimant, can I travel overseas? Also, if I am overseas and receive the claim form whilst overseas, can I ignore it if I am not a citizen of the country which ...
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2answers
802 views

Can a LGBT person sue the parents of a child who refuses to sell lemonade to them?

According to Wikipedia, running a lemonade stand is a business. If a child has been instructed by his/her parents not to sell lemonade to a LGBT person, can the LGBT person sue the child's parents ...
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1answer
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Suing a Cellular Company that Charged Me for Years Without My Knowledge

I am planning to sue a cellular company for charging me (for two phone numbers) for 10 years after a cutoff request. I contacted the company, and they admitted to wrongly charging me but only for one ...
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0answers
90 views

What are the regulations regarding position statements?

"By 4pm on 7 August 2018 both parties must send a written statement to each other" Everyone knows what is expected and what to do. Other Court orders are not so specific, they only mention a ...
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1answer
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Can a litigant in person prepare the bundle?

https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a Responsibility for the preparation of the bundle 3.1 A bundle for the use of the court at the ...
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1answer
246 views

What can happend if I am sexting with an underage girl from another country? [duplicate]

So I met this girl on the internet and I told her I am 19 and she told me she is 17. We started talking for a while and she sent me me a pic in underwear.. We started texting and all that.. we did ...
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1answer
37 views

Criminal Liability for judges under 42 USC 290-dd2(f) and 42 CFR 2.63 [Confidentiality of Substance Abuse Patient Records]

42 USC 290-dd2 establishes heightened confidentiality requirements for certain (really most) substance abuse treatment records. The statute grants authority to HHS to interpret the law and create ...
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1answer
66 views

What can a city do for parking tickets

I have read the question and answer here: Are parking tickets enforcable But I would like to know that if a person got a parking ticket in Pennsylvania for a street sweeper violation and didn't know ...
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2answers
55 views

Legally enforceable contract?

I told my landlord that I will only be living in the apartment for half a school year because of my early graduation. I told him that my girlfriend would be taking over the other half of the school ...
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1answer
50 views

Undisclosed Cancelation Fees

I Paid $600 to a pet transportation company and after some talks in which due to some wrong information we were asked to pay an additional $300 i asked to cancel and was told that they would withhold ...
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1answer
133 views

Can a Federal Actor, through coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right?

Can a Federal Actor, through the use of coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right? Specifically: On the date of March 19, 2010, an ...
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1answer
130 views

Can a woman sue a person who informs her child about the abortions she has had?

If an adult has knowledge of how many abortions that a woman has had in her lifetime and that adult was to inform a child of that woman about her abortions and this leads to that child suffering ...
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3answers
162 views

How do I tell if a settlement offer is good enough?

Is there a formula to tell if an out-of-court settlement offer should be accepted for a civil claim, instead of taking the claim to a trial? (In economics there is something called an expected value ...
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5answers
740 views

Is there a minimum speed limit on US hwy 60 in OK? Are bicycles legal on US hwy 60 in OK?

I had this experience about 4 years ago (which actually culminated a series of many similar experiences) where I was cycling my way back home (Missouri) from a bicycle trip to Cancun MX. In ...
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1answer
151 views

Car was registered and insured but proof wasn't in the car

This occurred in California. Can the police give you a ticket for $1,200 for a first time violation with no registration or insurance paperwork in the vehicle? The vehicle was registered and had ...
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0answers
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What standards must US ISPs currently uphold in the quality of their speed and ping?

I'm curious. After a generous amount of googling, I couldn't find any laws or codes from the FCC regarding the standards of quality regarding internet speed and access. What laws are currently in ...
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3answers
778 views

Are Satanists legal in the US?

I heard that Satanists in USA are legal and are even represented in the counsil of the churches and have "study books" used in school. In Russia there is a law that acts which are done to harm ...
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Will I get in legal trouble if I use somebody else’s picture?

I was banned from a site. To evade it, I plan on impersonating a fictional cousin of mine with a fictional name, but if people suspect that it is a sock puppet account, I plan on uploading a picture ...
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Are civil ICE detainees unconstitutionally punished, if the conditions in ICE centers are more restrictive(punitive) than maximum security prison?

Jurisdiction: Texas Facts: Juan Martinez at 19 years of age pleaded guilty to distribution of undisclosed controlled substance in exchange for 5 years of probation.( Lets say violation of Texas ...
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604 views

Is everything legal for me due to psychiatric reasons? [closed]

I witness that I did some things which are considered a rave by most people (and most psychiatrists): fought with aliens, was transformed for a period of time into a superman able to tear steel and ...
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2answers
83 views

How to ensure that the order drawn by a party is checked by another party?

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40/pd_part40b#1.1 Drawing up and filing of judgments and orders 1.1 Rule 40.2 sets out the standard requirements for judgments ...
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Can I make changes to my initial writ after getting it warranted but not served?

What is the name of your state? Scotland, United Kingdom Can I make changes to my initial writ after getting it warranted but ''not'' served in an Ordinary Procedure case of the Sheriff court of ...
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1answer
30 views

How to deal with patents that others hold? [closed]

I am an aspiring inventor and in the best case scenario I will be developing smartphones but something that is a huge hurdle for me are the patents that other people hold. I mean one company patented ...
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1answer
33 views

Property lien expiration and removal in North Carolina

I live in North Carolina and had hired a contractor to work on my house. I'd paid them 50% in advance. They did a terrible job and were a nightmare to work with. I have refused to pay for the ...
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145 views

What are “non-union states”?

I'm watching a lecture by Robert B Reich. He's talking about a hypothetical case in which Bob, a CEO of some corporation, wants to "move the US plant to a non-union state" to reduce wages. I ...
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2answers
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Is there any federal law in the US that protects its citizens from police harassment? Or is it up to the states [duplicate]

Can police officers legally stop and ask you for your id (not driving, but cycling cross country) or question you about your travels (where are you going, why.. etc) if they cannot articulate any ...
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2answers
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Company stole my IP. Are there costless remedies?

If a well-funded company steals an individual's intellectual property, are there any means to sue or otherwise enforce the IP rights without costing the victim anything? (I.e., if the victim does not ...
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58 views

Mobile home park in California charging extra fees for television service

I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly. ...