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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The burden of proof in UK civil trials

In UK civil trials, it is said that The burden of proof is on the claimant. The case will be decided ‘on the balance of probabilities’. Are these assertions consistent? Based on the second statement,...
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6 votes
1 answer
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Is there any branch of the law, where a foetus is given legal personality separate to that of the mother?

If the rights or wrongs of abortion are a judicial matter rather than political, central to it would seem to be the question of what defines a "person". Critical to the idea that abortion ...
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What is tort law and how does it differ from civil law?

Is there any difference or overlap between the two? Does one more broadly encompass the other? Are torts defined in statute or do they exist alongside statute in some way more fundamentally and less ...
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Spanish Will Office?

Imagine somebody writes a will in Spain, and later on dies. For some reason, this has not been posted, nor was the beneficiary notified through any other means. Is there a central government office, ...
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Can testimony from a mistrial be used in succeeding trials?

On the 12th of August 2012, 15-year-old Bobby Moore III was shot and killed by Little Rock (AR) PD officer Joshua Hastings. I highly recommend reading this article that covers the case pretty well, as ...
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3 answers
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Does the USA actually have debtors prison or jail after a court order?

Okay, I know officially the answer is "no, there is no such thing as debtors jail for civil debts in the USA", however let's explore this. Suppose a person is sued by a creditor for a debt. ...
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1 vote
1 answer
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While stopping an active shooter, if I accidentally shoot a bystander, could I be held criminally and/or civilly liable?

The question pretty much covers it, but I will elaborate. Let's imagine I am in a public place, such as a mall, or some other large gathering of people, when I hear gunshots ring out. Let's say that I ...
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What makes a lawsuit reasonable?

I often hear it said on this site that, in the U.S., you can sue anyone for anything at anytime; it's just a question of whether your lawsuit will be taken seriously and whether you stand a chance of ...
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2 votes
1 answer
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Does qualified immunity apply in this circumstance?

If a police officer wilfully disregards their department's code on how to act in a certain situation (e.g. when to shoot), can they still be entitled to qualified immunity? Is there any case law on ...
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How can I get a discovery subpoena without necessarily filing a civil complaint?

I may have been defamed on Facebook by a person who verbally threatened to put defamatory material about me on their page. I do not have access to this person's Facebook page. In order to determine ...
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7 votes
2 answers
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I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs

I am from Australia. In Australia, any civil claim below $10,000 is considered a small claim and one cannot use a solicitor to represent himself in the small claims court. One may also not claim the ...
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1 answer
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Eggshell skull rule in tort law

In the case Mustapha v Culligan of Canada Ltd., the plaintiff Mustapha had purchased bottled water from Culligan that contained dead flies. This image caused significant psychological harm leading ...
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1 answer
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What is the legislative history of 18 U.S.C. § 1595 on "Civil Remedy" for crimes in Chapter 77 on peonage, slaver & trafficking in persons?

Since its enactment, the Chapter has undergone substantial changes. Initially, for e.g., the lack of specific definitions of "serious harm" § 1589 (c)(1) and (2) halted effective prosecution ...
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-1 votes
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Who is at fault if people refuse to follow social norms or show common courtesy?

Some people do not move out of the way when walking even if it would be considered rude or socially unacceptable, like when the other person is much older, pregnant, or has small children. They expect ...
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7 votes
2 answers
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Who is responsible if a customer does not specify location to taxi driver?

At an airport a family decides to take a taxi and tells the driver they want to go to a particular road and the taxi driver tells them they know that road and feeds it into the GPS. Everything seems ...
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4 votes
2 answers
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Who to sue if hit by an autonomous vehicle?

My understanding is that if one has a collision with another vehicle in which the other driver is at fault then you can sue the other driver for the loss incurred. If the other driver was employed by ...
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3 votes
3 answers
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Can someone just sue anyone for anything?

I read in this article that a woman is suing Southwest airlines for $10 million because she was forced to wear a mask. This sounds absurd to me. Can someone just arbitrarily demand millions of dollars?...
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3 votes
1 answer
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Can I successfully sue a municipal consultant who prejudices a town official against me using false or incompetent advice?

Can I successfully sue a municipal consultant who prejudices a town official against me using false or incompetent advice? For example, let's suppose I am a developer and I want planning board ...
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-1 votes
2 answers
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Should I send a demand letter if I have no intention of filing suit or retained services from legal counsel?

I have a legal plan that allows me consultation from numerous lawyers in my area and I can also have lawyers write demand letters for me as part of my plan. However, the plan stops there. It doesn't ...
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1 answer
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Do civil courts have the power to force a criminal investigation after it finds evidence of fraud?

Say a person sues a fraudster in civil courts. Upon showing evidence of fraud, can the court, through request of the plaintiff, request a criminal investigation on the fraudster? I would presume such ...
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2 votes
1 answer
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Why does U.S. government have civil liability for the Parkland shooting?

The U.S. federal government has apparently entered a 9-figure financial settlement of civil claims by victims of the 2018 shooting in Parkland, Florida. (The civil lawsuit alleged government ...
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7 votes
4 answers
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Is time spent on litigation recoverable as lost wages?

Generally, pro se non-attorney litigants cannot recover attorney fees under a statute providing for attorney fees. Can a non-attorney recover for time spent on litigation (time preparing for trial, ...
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17 votes
2 answers
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Law Firm with one lawyer and hundreds of legal experts who haven't passed the bar

In this hypothetical scenario lets say there was a law firm that has only one lawyer to file all paper work, make all court room appearances to represent the firm. All of his work, however preparing ...
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0 votes
1 answer
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In UK law, are cladding product manufacturers and property developers, civilly liable for dangerously combustible cladding products? If not, why not?

The UK cladding scandal is a well known problem. Essentially it sounds like manufacturers either knew/should have known of product fire risks (or at least in some cases they knew/known about them over ...
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-4 votes
3 answers
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What legal strategy might be applied to successfully sue private companies over their own mask rules?

I asked recently about the mask rules in airports, but in my travels recently I'm more baffled that private companies are requiring masks under threat of refused service, and even permanent refusal ...
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2 answers
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How to claim inheritance if both the deceased and beneficiary are not US residents?

If both the deceased and beneficiary are not US resident, what is the procedure of claiming inheritance(the deceased has possibly held brokerage account in US)?
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1 answer
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If someone is wrongfully chasing a child and the child knocks into something and is injured is the person that is pursuing the child responsible?

If two adults set out to pursue a child that didn't do anything wrong but was in the company of other children one of of whom may have done something, and the child flees and in being pursued trips ...
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7 votes
2 answers
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How do you dispute a large bill for damages?

Suppose that a person T (for tenant) had a year ago rented an apartment that had some water damage due to a pipe bursting inside the building. There was a lot of back and forth between T and the ...
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2 votes
1 answer
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Does a case continue if class certifcation is denied?

If a Motion for Class Certification is denied by the court, does the case continue? I'm trying to research litigation against a specific US company and I've come across some cases in which the court ...
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0 votes
2 answers
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How does the court distinguish between plagiarism and inspiration in songs?

https://www.youtube.com/watch?v=8JL4JXEv-RY https://www.youtube.com/watch?v=zqqq8uqSDnk How does the court distinguish between plagiarism and inspiration in songs? I heard these two and I found they ...
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1 vote
1 answer
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Can I legally force an ex to refinance?

Suppose that a person A signed a loan for his ex gf B to buy a new car when they were together, but later they broke up. She moved to California with said car. Both of their names are on the title and ...
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0 votes
0 answers
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US federal court: The correct timeline of filing a request for entry of default

In a US federal court, assuming that the defendant, namely a US government official, failed to respond to a civil complaint within the 60-day period following the service of the compliant — When ...
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Filing a motion/request with US federal court when one or more of the defendants were replaced since the original complaint

A complaint was filed with a US federal court. If there is a need for the plaintiff to file a motion or request (e.g. a request for entry of default) related to the original complaint, the motion or ...
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2 votes
1 answer
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Texas Abortion Law - Are Utilities, Licensing Bodies and Local Government subject to liability under the law

Under the new Texas Abortion Law would the following be liable for a $10,000 fine Utility Companies such as Power, Phone Broadband providing power to the clinics Local Government for providing ...
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0 votes
1 answer
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May one have an affirmative defense to the ‘Texas Heartbeat Act’, SB8, if they require reimbursement from the patient for any statutory damages?

Example: A provider (and/or others, such as an insurance company or Uber driver) requires a patient seeking a potential abortion to sign a contract agreeing to reimburse them for any potential costs ...
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0 votes
1 answer
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If a copyrighted image is used multiple times, how many infringements are there?

If I used a copyrighted image in 4 item listings on a selling platform (all using the same image), would this constitute 1 infringement, 4 infringements, or a number of infringements equal to the ...
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0 votes
1 answer
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Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them in the UK?

Son confronts salesman for 'selling confused mum £6k doors' Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them? I am wondering if ...
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1 vote
1 answer
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Does the statute of limitations apply if the company to be sued wasn't operating in the U.S.?

A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case.[5] If the statute of limitations expires before a lawsuit is filed, the defendant may raise ...
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4 votes
2 answers
138 views

Are there other laws that are (1) enforced only by the general public and (2) enforceable by someone not directly involved?

Typically you need some sort of standing like demonstrating potential damages for a court to listen to any request for action. For example, I can't bring a copyright suit for work where I do not own ...
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-3 votes
2 answers
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I live in a city and I walk my dog on community college campus they come out say that it is policy not to have dogs on campus

The retort I had is that this is not posted anywhere, and even if it was what legal enforcement does the campus have against me. They can't find out who I am, They can't detain me. They can't hold me ...
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-1 votes
1 answer
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Would a Surrogate Parent's Right to Abortion Supersede Parental Rights?

Would a Surrogate Parent's Right to Abortion Supersede Parental Rights? Under the Hague Convention, Parental Rights are determined via the last shared and well-settled intents of the parents. (At ...
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0 votes
1 answer
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Can Someone Sue me For Lawyer Costs If I File a Police Report and they are Found Not Guilty?

The question is in the title, but I'm wondering if there's any risk to filing a police report against someone who broke a contract and stole $10,500 from me. The police report is being filed in ...
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5 votes
1 answer
241 views

Can a state make a law that deputizes individuals to sue individuals in other states?

I've read briefly about the recently in-effect Texas anti-abortion law, and I'm perplexed at how it supposedly is difficult to challenge in court. If I understood correctly, it deputizes private Texan ...
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8 votes
3 answers
4k views

How does California (CA) have standing in CA vs Activision Blizzard?

It's been reported that the state of California (CA) has sued Activision Blizzard as a result of its two-year-long investigation. The alleged actions are not alleged to be ongoing. It's been reported ...
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4 votes
1 answer
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Are US courts less likely to enforce the repayment of a loan if it is (ceteris paribus) without interest?

Apparently, in common law, a loan given without an interest being specified/demanded is at procedural disadvantage, in that a court may not recognize it as a contract, the plaintiff having to rely on ...
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0 votes
1 answer
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Why TVs / laptops etc. do not warn about too brirght screen whereas many smartphones warn about too loud sound amplification?

I'm trying to comfortably use my laptop at night and now could not find an answer by web-search to the following: Why TVs / laptops etc. do not warn about too bright screen whereas many smartphones ...
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1 vote
2 answers
125 views

If a person keeps making business promises to deliver but does not deliver (Scams), could this be considered a Crime?

I know one person who approaches many business for services and defaults on his promise to deliver. Basically he takes the money and simply runs away. This has happened multiple times and people say ...
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1 vote
1 answer
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What can I do about the trash?

I live at the corner of a 4 way intersection. There are houses on 3 corners, one being mine. The 4th corner used to be an open field, owned by the 7/11 that was on the street behind me. A few years ...
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1 answer
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In Australia, how do I send a letter of demand to a person but don't know his physical address, only email address?

I need to send a letter of demand to a person but I don't know his address. I only know his work address. This for a Small Claims Dispute (Less then $10K). I am in Australia. I have his email and can ...
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1 vote
1 answer
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How do news outlets avoid defamation lawsuits when they publish articles about alleged criminals?

News outlets are always publishing sensational stories about people who have not yet been convicted but just suspected of a crime..... The person loses his job and at worst, creates a 'Trial by Media' ...
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