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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30 views

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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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
60 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
21 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
98 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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9 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
81 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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15 views

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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72 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
81 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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14 views

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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113 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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3answers
164 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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122 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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105 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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1answer
64 views

Extortion, bribery or hush money?

Hypothetical: someone (Party A) hit or stole from another person (party B), and then a report was made to the police. Party A confesses to the police, but then offers money to the police detective (...
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56 views

What steps can common people take to be prepared to sue anyone that does something wrong to them? [closed]

Are there some things that we can make a habit of doing that are gonna help us in winning a lawsuit we file in case a situation unexpectedly arrives where we need to seek relief from the law? For ...
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1answer
70 views

How to obtain a US court order from outside the country?

My brother died a few months ago. I requested from Google, via an online form, the email data of my brother. Now they have replied and told that they need a court order from US to proceed further. ...
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How do I find more info about these cases on a county court website?

https://www.saccourt.ca.gov/search.aspx?q=kb%20homes I tried looking up the case numbers, but couldn't find anything
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1answer
79 views

Sued outside a country

What happens when you get sued for civil matters such as breaching employment contract in one country, after you have already left to another country for good? What is the general protocol for these ...
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24 views

Legal theory of standing behind state attorney generals suing companies/organizations?

My understanding of things is that a state attorney general can sue a private company or organization, not just on behalf of the state government, but also on behalf of the state's citizenry. On what ...
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29 views

What happens if a regular lawsuit procedure hits presidential immunity?

Scenario: A sitting president of the U.S. sues somebody for something (what doesn't really matter). The defendant makes a motion for a subpoena/deposition/whatever. The President objects on grounds ...
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2answers
129 views

Can I steal a car back that’s registered to me?

So I made the mistake of co singing for someone that isn’t making payments or even attempting to make payments. The car is registered to both of us so I was thinking what if I get them to pick me up ...
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Meaning of “costs throughout to” in a court case?

A judge said, "I would therefore dismiss the appeal with costs throughout to the respondent." Excuse my simple post here. I looked for an answer on google, but could not find any. I would like to ...
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48 views

Are criminal and civil cases pursued differently if the victim is a celebrity?

If a person attacks a famous footballer/soccer player, who is worth millions of dollars, by causing him severe physical damage, and the perpetrator happens to be identified and tried, will this ...
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Is it legal to OWN a machete in New Jersey? (Decor purposes only)

I bought a machete online about 2 hours ago because I thought it looked cool and I figured it would be nice to display it on my wall. I have no intentions to carry it, use it for illegal purposes, or ...
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67 views

Being a barrier to the right of another

I am in the North Western Province of Sri Lanka. It is a racially mixed country that the people of the world know. Here I run a business in a small town. Someone runs a small restaurant next to my ...
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Original Jurisdiction of the Supreme Court via congressional abrogation of Sovereign Immunity

In United States v. Georgia the U.S. Supreme Court held that Title II of the ADA validly abrogrates sovereign immunity under the 11th Amendment. A Title II Plaintiff may name a state or one of its ...
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45 views

Can I post email correspondence between myself and my apartment community Property Manager online?

I live in a fairly upscale apartment community in a major city in Florida. I've been having major issues concerning building security and another matters that I tried to address with our property ...
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What would happen if Protagoras v Euathlus were heard in court today?

So, I was browsing Wikipedia today, and I came across this article, detailing a lawsuit in Ancient Greece. Basically, what had occurred was that a man, Protagoras, had entered into a contract with ...
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64 views

tampering with food and drink

Is it illegal if someone put something in an ice maker at work. I brought it up to someone and we KNOW who did it. And can prove it. But there was a metallic taste to it and was stuff floating in the ...
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1answer
111 views

Can a fan be considered an “air conditioning unit”?

Saw this apparently ridiculous statement from Airbnb on social media today, A fan legally constitutes an air conditioner It's unclear by what law that might be the case - the situation took place ...
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111 views

Does Double Jeopardy apply to civil cases?

Once upon a time I was issued TWO citations for the same instance of illegally parking my car. One citation came from the property owner (it was a private pay-to-park lot), and the other came from the ...
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52 views

Gag order in reference to a Criminal Investigation

Lets say you reach terms with a party "B" about a dispute and they specify a gag order. That is you cannot disclose the nature of the settlement, or disparage party "B". The settlement is in ...
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49 views

Speed bumps on private non-hoa road (California)

I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job ...
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1answer
62 views

Total dollar amount of damages sought outstanding in US courts?

Is there any report that sheds some light on how much damages are sought in civil cases in total in the US (or another major jurisdiction, e.g. the EU, UK, etc.) at any given point in time in recent ...
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365 views

How long are schools allowed to confiscate items from students?

According to this question and the corresponding answer, schools are legally allowed to confiscate items from students. This is not considered theft, as the intent is not to permanently take the item ...
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3answers
155 views

I lent someone money then they moved out of state and stopped communicating. How do I track down this individual for prosecution?

Against my better judgement I tried to help a fellow renter, my housemate, in a time of need. I had him sign a promissory note and lent him $1200 in Virginia. After the deadline passed I followed up ...
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93 views

Public disclosure of private conversation

If I am party to a private conversation with a public figure, and that person either records (legally) the audio, a transcript, or if communication occurs via text, does that person have a legal right ...
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115 views

Would I expose myself to liability by verbally abusing a debt collector?

I recently started receiving calls from a debt collector about a debt that I disputed and refused to pay 13 years ago. All the other debt collectors gave up around 10 years ago. They told me right up ...
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1answer
129 views

When can you avoid libel by preceding a false statement with “Sources say” or “I heard”?

Suppose the New York Times writes "Sources say the celebrity John Doe raped his daughter" and they truly found two anonymous people (i.e., two sources) beforehand with that claim. How responsible is ...
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1answer
145 views

Is it legal to sell a used mattress in Westport, CT?

I live in Westport, Connecticut, United States, and want to sell my bed. As a consumer, am I allowed to sell my mattress, even though I've used it? If so, are there any restrictions/regulations I ...
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321 views

How can a person with a similar experience with the defendant, help the plaintiff in a lawsuit?

I lived in a house that was shared with the landlord and other tenants in common. I have now moved out and have a lawsuit started against the landlord. From "rumors" I heard that a previous tenant who ...
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79 views

How can new villages and cities be formed or incorporated within various states? [closed]

What is the process for creating new villages and/or incorporating cities within the following states? Colorado Washington Pennsylvania Kentucky Missouri New Mexico
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171 views

Possibility of credit card trolling strategy

Let's say I owe 100k in CC debt. The cc company goes to sue. Correct me but civil trials take months, more.for low priority crap like debt collection. Just before the trial date, I find one of the ...
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2answers
51 views

Giving live streamed video as date stamped evidence of an event in court (UK)

I am planning on serving a notice to quit directly to my landlord soon, and the plan is to live stream putting the letter in the envelope and posting it at their address, so it's very clear that the ...
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1answer
109 views

If a law doesn't exist prohibiting something, does that mean it's legal to do?

My question about is how does the law work in general. If someone does something, and no one can find a law that is being broken, then is the person free to do that thing? Or must a law give ...
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1answer
33 views

What is the optimal form of business, if you are living in Austria and want to minimize legal and tax burden? [closed]

I have a day job and in my leisure write a book. When the book is complete, I want to sell it. Thereafter, I will write another book. The first couple of books will, most likely, be sold at a loss. ...
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29 views

Triple Talaq Bill introduced in Indian Parliament

From an article in a leading newspaper: Mr. Shashi Tharoor said he was against triple talaq, already voided by the Supreme Court, but opposed the Bill as it conflated civil and criminal laws. How ...
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83 views

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 ...