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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2answers
143 views

Can I sue my employer if they terminate my employment while I'm laid off during the Coronavirus outbreak?

I am currently laid off from my job due to the Coronavirus outbreak. My employer informed my coworkers and I in a group meeting on the day before the lay-off that we would all be brought back to work ...
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1answer
92 views

Would conditioning wildlife to harrass someone playing music too loud risk legal repercussions?

This XKCD comic jokingly suggest training wildlife to harass people playing music too loud in their car: I'm pretty sure no one is actually considering a solution like this, but it made me curious ...
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1answer
75 views

Does the Trump campaign have standing to sue over defamation against Trump?

The NY Times, the Washington Post and, most recently, CNN, are being sued for defaming Trump. However: As with the other two cases, this one is being brought on behalf of the campaign, rather than ...
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1answer
773 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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1answer
147 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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1answer
76 views

If I find a meteorite do I get to keep it?

If I find a meteorite do I get to keep it? Does it make a difference if I find it in my own lawn or on public land? I am especially interested how law is in European countries.
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48 views

Quitclaim reversal in Washington state. Statue of limitations? Options? Legal recourse?

My question involves real estate located in the State of: Washington My home, has been hostilely taken over. It appears after my home was legally purchased and transferred into my name, that a ...
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0answers
43 views

Who decides the sale price of jointly owned property?

Two friends decide to purchase a condo 50/50 and become roommates. Foolishly, no agreement between the friends is entered. Shortly after, roommate A finds a girlfriend. The relationship rapidly ...
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3answers
5k views

Is it illegal to report a potentially illegal website to a message board (Reddit)?

As a hypothetical question, I've accidentally stumbled upon a website that may contain illegal underaged material. Due to a lapse in judgement, I posted/reported this to Law-based Reddit forum to ...
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71 views

How to find what arguments were used in a case?

Is there a public record of the arguments used in court cases? There is a news story in the UK at the moment about the Post Office prosecuting sub-postmasters for fraud, where it was the post office ...
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1k views

Simple Majority - Ignorance of the Law

My question is about ignorance of the law. My organization has used the term "simple majority" incorrectly for 70 years. We recently learned we use a plurality vote but called it "simple majority" in ...
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Who represents the State in Georgia for DFCS/CPS cases?

I currently live in Texas, and I know that here, when a family is involved in a Child Protective Services (CPS) case, CPS is represented by the County Attorney's office for larger areas, and are ...
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1answer
90 views

Is There a Legal Distance to Slow Down After Passing a Speed Limit Sign of a Lower Speed? [MA]

I recently moved to Western Massachusetts from New Hampshire, where speed limit changes of 10+ MPH are always marked with "reduced speed ahead" signs. According to the Massachusetts government website:...
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78 views

Is there an eventual legal obligation to return the Elgin Marbles to Greece?

Greece as a state was born in 1829 with the London Protocol so it would have to be a nasciturus for it to have ownership (retroactively) between 1801-1812 when the Elgin Marbles were being removed. ...
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157 views

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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3answers
6k views

Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?

If someone was in the process of kidnapping your baby and you were chasing after that person, if you have a gun on you and you use it to shoot that person and then that person dies, would you be ...
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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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1answer
294 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
23 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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1answer
77 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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2answers
109 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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13 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
85 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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1answer
66 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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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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418 views

Signal violation in vehicle not owned by driver

Guy runs a red light in a vehicle he doesn't own. Owner gets all the information and a slip to identify the driver. Can the owner just send a letter like this and have the violation(s) dropped: I, ...
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125 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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248 views

Can a government sue its citizens for “libel”?

If a citizen of a nation is deliberately spreading lies against a given government of a country (let's say U.S. federal or state government) to undermine its capacity to act properly then can the ...
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1answer
71 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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1answer
80 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
84 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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15 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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117 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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179 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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1answer
134 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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3answers
106 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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57 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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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
87 views

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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2answers
3k views

why is a person allowed to lie in court and get away with it?

In a court of law, the defendant can tell as much lies as she wants in order to vindicate herself of the charges. But if the court finds them guilty, the false explanations that the person had given ...
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1answer
81 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
47 views

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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2answers
143 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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1answer
49 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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63 views

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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68 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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