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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2
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1answer
55 views

What is the definition of “retail” or “at retail” for the purposes of the Song-Beverly Consumer Warranty Act?

Bob, a private individual, visits a store in California — where Corp, the manufacturer, maintains a showroom — and proceeds to purchase a consumer goods. Bob, after explaining his needs, is brought ...
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2answers
45 views

Can you use definitions for adverbs instead of nouns and personal nouns in a legal context?

Legal definitions where nouns and persons are defined are common place reality of legal writing. We also see often times events and conduct be subject to definitions, and be referred to by a shortened ...
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1answer
46 views

Can China be sued in U.S. court for torts related to COVID?

Does U.S. law allow a U.S. plaintiff to sue China for damages stemming from COVID? (I am not asking whether there is sufficient evidence to support such an allegation; only whether U.S. courts assert ...
14
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1answer
2k views

Are there references to generally known public knowledge under U.S. law?

Under some European jurisdictions, the concept of information known by the broad public hence it requires no proof before the court exist and is accepted to be true unless proven otherwise. Does a ...
2
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1answer
32 views

What state or country can have criminal or civil proceedings?

The hypothetical scenario below occurs in the United States. Suppose I live in State A, but am on vacation to State B. While on vacation, suppose someone living in State C, but currently in State D, ...
2
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1answer
14k views

Can suits be filed in small claims courts from overseas?

I often see freelancers suggesting to other freelancers to use the small claim courts to get paid when the client is in another country. Already with the small claim court, there's a maximum amount ...
-7
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2answers
127 views

Can/shall I sue Domino's if I felt the manager was being racist?

Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist? When I called Domino's for an order that was delayed by 20 minutes, instead of apologizing he ...
2
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5answers
3k views

What can happen if you violate a cease and desist letter?

Are there any legal consequences for violating a cease and desist letter? I was sent a cease and desist letter from my university for annoying administration with a particular issue, and this letter ...
1
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1answer
123 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 ...
-4
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1answer
305 views

Is a grievance filed during an episode of mental or physical illness valid? [closed]

Will an organization retract a grievance at a complainant's request if said plaintiff claims to have filed it during an episode of mental or physical illness, or are the records kept regardless of ...
4
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2answers
690 views

Could the USA abandon common law?

I understand that the USA has a "common law" system and that ambiguous written legislation is turned into unambiguous law by courts, such as has happened in many famous Supreme Court rulings....
0
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1answer
83 views

Can a company be sued for reporting unpaid bills to lower credit score and send the bill to collections if their payment method doesn't work?

I'm trying to pay a bill but I exhausted all means to pay the bill using their payment methods. Now they sent me an email threatening to send the bill to collection since I have an unpaid bill. I have ...
2
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1answer
103 views

What was the longest not stricken complaint filed in any U.S. court in the history of the U.S.?

Might sound like a trivia question, but it may have practical implications, too. If there is a different number for "with Exhibits" and "without Exhibits", that would also be ...
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4answers
462 views

Are there digital copies of the Restatements of Torts or the Concise Restatement of Torts you can purchase or read online?

I hope to find something searchable to efficiently work with, and so far I could only find paperback copies.
3
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2answers
100 views

Is there any case law for written replies to letters or emails satisfying service of process requirements?

Hypo... Bob is required to serve a pre-court proceedings’ notice [or complaint/other filing even] on Cob. Bob and Cob are both [U.S./California] citizens. Bob sends all documents required to Cob in a ...
70
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5answers
13k views

Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Here is the full question with all the context and details: In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is ...
5
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2answers
402 views

Are “evidentiary” standards similar or different in a civil versus criminal case?

In one important respect, civil and criminal cases differ in the required level of proof. That is civil claims need to be proved by a "preponderance of evidence," while criminal charges need ...
0
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2answers
86 views

Under US law, is it illegal to write a self propagating computer worm

Suppose a person creates a self-propagating computer worm that: does not modify or delete any of the victim's files rather displays a funny message to the user scans other computers and spreads ...
0
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2answers
46 views

Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?

Let's say, in California, a Forbes 500 multi-billionaire wrongdoer has engaged and continues to engage in such fraudulent and/or malicious and oppressive conduct that has made plaintiff and continues ...
4
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2answers
77 views

Confusion about by-laws, unanimous member agreements, and appointment of directors in Canadian not-for-profit organizations

The starting point for my question is this by-law for a not-for-profit organization in Canada (the by-law is about the make-up of the board of directors): "(b) A majority of the Directors must ...
0
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0answers
12 views

The extent to which probate proceedings impact the timeline for payouts to beneficiaries of (ir)revocable living trusts upon the death of the settlor

In the State of Texas, Settler creates a revocable living trust which, among other things, provides for certain GST-exempt cash payouts to be made upon her death. The trust also provides that ...
1
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1answer
49 views

How far does liability extend in a civil conspiracy?

Acme LLC makes widgets. Bob is a member of Acme. Bob tries to take Acme's widget maker, thinking he can operate the machine himself, but breaks it in the process. Of course Bob has also violated his ...
2
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0answers
72 views

Legality of intentionally sending patches with security vulnerabilities to open source projects

Referring to no one and no incident in particular, imagine that some individuals, interested in performing a social/technical experiment, designed some changes to an open source project, knowing that ...
12
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5answers
5k views

Is there any limit to the rate at which court cases can be filed?

Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or ...
1
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1answer
69 views

Is there a legal definition of maintaining another (paying maintenance) in English law?

In the legislation for Inheritance (Provision for Dependants) Act 1975 it states that "any person (not being a person included in the foregoing paragraphs of this subsection) who immediately ...
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4answers
99 views

Is there some well known or established principle for this situation? Unfair jurisdictions and un-equal parties

Imagine a situation where an employer offers an employee a contract that stipulates that all disputes should be resolved by some arbitration panel in a tax haven. I don't know about America but I am ...
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1answer
51 views

Can Indian Company file a Civil Suit against a Foreigner

A common foreign client is simultaneously in discussion with Company A and Company B in India. The so called client states that Company B product is a copy of Company A's product during the demo ...
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1answer
93 views

What are the difference in obfuscated contract laws between Indonesia and USA, Australia, Europe, and Singapore?

In general, people can write any contract they want. In practice, many people agree to a contract without even reading. Even those that read carefully may miss important terms if the writers of the ...
2
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1answer
339 views

What damages could one claim in a data breach, if the data was not subsequently used fraudulently?

Equifax recently announced they suffered a very large data breach, allegedly affecting almost half of all people in the United States. It's expected that lawsuits against Equifax will be popping up ...
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2answers
48 views

Question about corporations established through legislation in Canada

PART I of BILL C-93 from February 1997 described the establishment of a corporation and some definitions related to it. The concept of a corporation being established in legislation is new to me, so I ...
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1answer
81 views

Civil Case- Tricky Eviction

Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home. Only problem is that this son has never ...
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1answer
187 views

Is it legal for Steam to disable content on my PC?

Some time ago I've downloaded the Demo for the game "Observer" on the Steam platform. I didn't play it immediately though. A few weeks ago I wanted to give it a try and was shocked to find a ...
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3answers
2k views

Discrimination arguments against the Ministry of Education that imposes an ethnicity to pupil

Imagine the fictional Republic of Tratatoria is ethnically composed from Barmaliens, Turariens and Gluzariens. The Minister of Education of the Republic of Tratatoria considers himself as Gluzarien. ...
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1answer
86 views

What is the process if a debt collector is unable to identify someone?

What is the process if a debt collector is unable to identify an individual of which they have purchased debt on? I am aware that many of these debt collectors often don't get much information to go ...
2
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2answers
182 views

Are companies at sexual discrimination risk for using whiteboard interviews during the job interview?

Background Currently, many companies hiring software development engineers use a whiteboard algorithms interview technique. This involves asking the job candidate to code a solution to an algorithm ...
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2answers
142 views

Stochastic legal liability

I am trying to understand how do legal systems handle situation where there is no clear causal responsibility of a person, but a well established stochastic relation. I am aware of the "beyond ...
0
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2answers
180 views

is it illegal to publish videos or photos of someone without their consent? [closed]

It it lawful for someone to publish on social media an audio-video clip of a private conversation without the other party's consent? Does the fact that the clip is accompanied by "nasty" ...
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2answers
3k views

How can I request an ISP to disclose their customer's identity?

As far as I know, breaking the law online in Germany (such as sharing copyrighted content) often results in a fine from a private law firm which gets your personal data from your provider by sending ...
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1answer
123 views

Client demanding refund [closed]

I'm a freelance programmer from Belgium and I have developed an application for an American client. We agreed on 800USD for the completed project. I finished the application and met all his ...
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2answers
170 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. ...
0
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1answer
99 views

What are the historical reasons that France adopted civil rather than common law?

The story I heard is that revolutionaries thought that judges were corrupt and thus should be left to interpret the law, and thus should closely follow codified rules. Is that historically accurate?
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3answers
407 views

Sue a university for armed robbery

My friend was robbed the other day on university campus at night. He lost his laptop and his mobile phone. So, all of his work is now gone. He is having a mental breakdown at the moment. So, I want ...
-2
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1answer
120 views

My SO purchased an extended warranty and I need advice on our legal standing [closed]

My girlfriend recently bought a brand new 2020 KIA Stinger from Koons KIA in VA. We are located in PA and have thus taken the car to a local KIA dealer. Unfortunately, she purchased an extended ...
0
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1answer
102 views

Civil redress for having acquired a disease

Are there any tested (i.e., upheld by previous court decisions) avenues for a person (or class of persons) to seek compensation or redress in the United States for having acquired a disease when they ...
1
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1answer
119 views

Can a Civil Court in England and Wales force a university to award a diploma to a student?

I attend one of the world's best universities, where I recently completed a master's degree (MSc). I did very well in the modules, scoring mostly distinction grades. However, despite resitting an ...
1
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1answer
65 views

Can I subpeona a bank to get contact information of bank account holders who defrauded me?

I have been a victim of online fraud. A large amount of money flowed from my account to various (around 10) Bank of America/PayPal accounts in the US. I have filed a police report. The police report ...
0
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0answers
25 views

Lease Addendum (California) waiving privacy rights to “recordings” - what kind of recordings are implied?

My apartment lease contract in California (Bay Area) has an addendum about waiving the rights to "recordings" taken or made of me. The addendum is formulated in highly legal jargon and its ...
3
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1answer
192 views

In Canada, is it legal for citizens to launch a small object into space?

Let's say a citizen is able to launch a rocket or a weather balloon into space with an electronic device (probably a GPS) and a small gnome attached on it, would it be legal? Does this require to ...
-4
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1answer
173 views

What is the meaning of mail in the CCPA (California Consumer Privacy Act of 2018)?

The CCPA states that under section 1798.130(2) customers can request their data BY_MAIL OR BY ELECTRONIC MEANS as the customer chooses. However NOWHERE on any website can I find a button or form to ...
1
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2answers
45 views

Injunction, petition or other?

A Florida homeowner association is violating its bylaws and statutes by performing action X. Does one seek an emergency? preliminary? injunction from a judge to not perform X? or is it a petition? ...

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