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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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41
votes
2answers
38k views

Can I sue a restaurant for serving me meat in vegetarian dish?

I am a vegetarian for religious reasons. I was at Chipotle on Saturday and ordered a sofritas rice bowl which is "vegan approved". To my surprise, I found a chunk of chicken in my bowl when I was ...
1
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1answer
298 views

What are the legal requirements in the United States for being recognized under federal law as “white” or a “white” person?

Primary resource: [Hefny v. _ (1997) (citation needed, appears to have been dismissed by the U.S. District Court)] Secondary sources: Egyptian Immigrant Wants to be Reclassified as Black Race, ...
5
votes
1answer
3k views

Confiscation of cellphones in public schools

School started today. I'm just reading the code of conduct about cell phone usage. It states that on first violation of the policy the device will be confiscated and held until a parent (me) comes to ...
4
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5answers
7k views

Can I sue an appraiser for assigning a low value to my property?

Due to the low value assigned to my home by an appraiser, I didn't get a loan and it did cost money. However, when I went to another bank, two new appraisers gave a higher value and I was able to ...
0
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5answers
804 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 ...
2
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1answer
976 views

Major difference between criminal and civil law being that there has to be no specific victim in former?

Is it true that while for prosecution according to civil (private) law there has to be a party that has been wronged (I'm going to refer to as "victim" from now on) while for criminal law that does ...
2
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1answer
6k views

What is the difference between Common Law and Civil Law in the U.S.?

Is there a difference between Common Law and Civil Law in the U.S., and if so, what is it?
6
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2answers
3k views

Why are there distinct burdens of proof in civil and criminal cases?

In a criminal case, in all common law jurisdictions that I know of, an accusation must be proven to a high level which is commonly stated as being "beyond reasonable doubt", whereas in a civil case ...
5
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4answers
5k views

Can you sue yourself for wrongful-death without admitting manslaughter?

Prompted by a comment in another question, the story of a woman suing herself came to my attention. http://www.foxnews.com/us/2015/02/19/utah-appeals-court-allows-woman-to-sue-herself-over-fatal-car-...
5
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1answer
624 views

Can I teach those careless kids a lesson and destroy their ball?

As we learned from the hypothetical In California, if a baseball lands in my yard, is it legally mine? I could face detinue for not returning the baseball upon request. But what if: I accidentally ...
4
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2answers
373 views

Class action lawsuits and opting out

If I am notified that I'm a member of a proposed class-action lawsuit, could I opt out, wait to see how the class action lawsuit turns out, and file a claim if the plaintiff wins? It seems like this ...
4
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3answers
3k views

As the borrower, can I prevent my loan guarantor/co-signer from being released from the guarantee?

Inspired by the question My co-borrower wants her name removed from a 5 year mortgage contract : Assume I am the debtor of a loan, and someone else agreed to guarantee/co-sign the loan for me. If ...
3
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1answer
854 views

After being pardoned, can one be forced to testify in civil and criminal cases?

After being pardoned, can one be forced to testify in civil and criminal cases with no protection against self-incrimination? My example is how Trump has pardoned former Arizona sheriff Joe Arpaio; ...
3
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1answer
4k views

Why did double jeopardy not apply in the O.J. case?

On 1995 O.J. was found not guilty in the famous murder case. This was in criminal court and after that he was tried for the same thing in civil court - except this time it was called wrongful death ...
2
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1answer
12k 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 ...
1
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3answers
185 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 ...
1
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3answers
119 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 ...
1
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1answer
123 views

Grokking the difference between Civil Law and Common Law

My history teacher told us yesterday, the difference between Civil Law and Common Law, if specified in one sentence is: The Civil Law is to make and create laws, While the Common Law is to find and ...
1
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2answers
981 views

To what extent can mental illness create a defence or mitigation against liability in a civil case?

I'm thinking here of both UK and US law, which I assume will differ. Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
0
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3answers
539 views

Terms for torts committed under theory of promissory estoppel?

The promissory estoppel doctrine allows an injured party to recover on a promise upon which he relied, and then suffered a loss as a result. ... All that must be proven is that a promise was made, and ...
0
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1answer
4k views

Differences between Detinue, Conversion, and Trespass to Chattel in U.S. law

In U.S. law do practical distinctions exist between the torts of detinue, conversion (by detention), and trespass to chattels? In particular, is it conceivable that each of those torts could be named ...
0
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3answers
279 views

Is 'You the Jury' TV show really legal?

Recently I saw an ad for a new reality TV show on FOX called "You the Jury". On Thursday, the network announced "You the Jury," a new prime-time, unscripted reality show that allows the audience ...