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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1answer
45 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 ...
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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 ...
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4answers
98 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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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 ...
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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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1answer
76 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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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
184 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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1answer
84 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 ...
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2answers
170 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
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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2answers
138 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 ...
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1answer
122 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
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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2answers
178 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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1answer
97 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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1answer
119 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 ...
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1answer
117 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 ...
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1answer
64 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 ...
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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 ...
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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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1answer
197 views

Why was he put in prison but never got a criminal record?

I watched this video about a dare devil climbing to the top of The Shard in London, before being cautioned by the police. The Shard later took out a private prosecution against him. I am confused ...
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1answer
100 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 ...
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1answer
62 views

Defence against civil claim from a non-contractual party

There are three parties A, B, and C. A provides X service on a contractual basis to B. B on the other hand provides Y service (which is related to X, think about door service and parking service) to C ...
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0answers
23 views

Is there a comprehensive list of reasons for taking action (doing something)?

Is there a classification of the reason (for taking action) in law? For example, I can do something to benefit from it. I can also take action to harm someone. This page discusses three types of ...
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2answers
161 views

Can a person who has been pardoned still be held liable for the same offense in a civil court?

This answer indicates that accepting, for example, a presidential pardon, is considered an admission of guilt. If a person were to accept such a pardon, can they then still be held liable in a civil ...
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2answers
426 views

If Trump's legal challenges to the 2020 elections are so bad, why haven't the courts ruled them as frivolous?

(Not sure if this should be on the Law.SE) Per title. Most of the news coverage I've seen have said the challenges are bad, such as this recent one on the result of a challenge in Pennsylvania. "...
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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 ...
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1answer
34 views

Contradictory information in nevada credit card statute of limitations

https://www.solosuit.com/posts/145 I am using Nevada because it has the longes statute of any state. It says the written contract is 6 years. Yet open accounts are 4. Which one is it? Are credit card ...
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1answer
71 views

Tenants access to perform repairs after vacating

Jurisdiction: Victoria, Australia I had a tenant who recently, legally and voluntarily ended a tenancy and formally vacated (handed back the keys, etc). There are some relatively minor repairs that ...
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1answer
89 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 ...
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2answers
112 views

Can I initiate a civil lawsuit in order to get the answer to a legal hypothetical?

Suppose that I and a friend of mine are interested in resolving a particular legal hypothetical within the realm of civil law. The exact details are not important here, but no party of the ...
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3answers
8k views

Is it a real legal principle that any ambiguity in a contract is interpreted to the benefit of the side that did not write the contract?

I have heard that there is a legal principle where any ambiguity in the contract is interpreted to the benefit of the side that did not draw up or suggest the contract text. This was presented to me ...
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1answer
126 views

Unprofessional behaviour during interview

A friend of mine was in a job interview during Covid-times, therefore it was all done remotely. At half-way through the interview, an unprofessional incident happened which made that friend believe, ...
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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 ...
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4answers
10k views

Can a person purposely provoke someone to hit him and then report a crime?

Say someone purposely provokes another person by insulting him, knowing that this person is easily provoked. The provoked person then hits him. Can the person then report a crime or even file a civil ...
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1answer
83 views

Do I have standing to sue a credit bureau or lender after being approved for a loan but being prevented from signing due to their error?

I'm in New York. So, what happened was that I applied for a loan from a loan agency. My credit was good, I was making good income, and my loan was approved. I need to stress that last point. My loan ...
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1answer
75 views

Can an estate sue for defamation over statement made before decedent died?

According to the answers to this question you can't be (successfully) sued for statements you make about someone who is already dead. But what if you said something defamatory about John Doe while he ...
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0answers
31 views

Is President Trump exposed to civil liability by releasing a (presumably) surreptitiously recorded version of his interview with 60 Minutes? [duplicate]

Here is a version of President Trump's interview with 60 Minutes. Assume President Trump or someone working for President Trump recorded this video with an I-Phone without knowledge by 60 Minutes. Is ...
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1answer
52 views

By what laws can the DoJ be the plaintiff for breaking confidentiality of the First Lady?

Quoting Techdirt: On Tuesday, the Justice Department sued Stephanie Winston Wolkoff, a former close friend of the First Lady, Melania Trump, who recently published a book about her relationship with ...
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1answer
88 views

A plaintiff's “not guilty” verdict in a defamation suit

Scenario: John Doe is charged with murder, tried before a jury, and gets a "not guilty" verdict. After the verdict I publish commentary saying that the jury got it wrong and Doe is ...
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1answer
83 views

What Legal rights and or Legal actions can I take against a company who sold me something different from what I ordered

I ordered Ridged Brand 3' fence slats from a sub-company who claimed on line that they had them in stock. When I received my order I found that the Company sent me the 5' Ridged slats, which they ...
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0answers
11 views

Thailand; relationship between defamation lawsuit and criminal defamation procedure

Bangkok Post's The Sea View Resort released a five-page statement on Saturday after news of its legal action against Wesley Barnes attracted widespread attention. The statement was posted on the ...
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1answer
81 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 ...
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2answers
119 views

On what grounds can I sue someone who intimidates and verbally abuses another?

There is this guy in my community who is known to be very nasty, always intimidates and verbally abuses people. He is what we can imagine a narcissistic person. We have SMS, video and audio records ...
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0answers
53 views

Is it okay not to refund token money?

Last week we had a verbal commitment with our prospective buyer regarding our 3BHK apartment in Bangalore and we were happy that they were interested to buy our house. We did not took any token money ...
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0answers
63 views

How is an American citizen expected to know how to live lawfully? [duplicate]

I am looking for a resource(s) to learn "The laws of daily living", and trying to understand what the U.S government had in mind for the layperson who may not be able to read the law codes ...
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4answers
222 views

Can a question of law be taken to a civil court, while not naming a specific defendant? [closed]

There exist known methods of surveilling people within their homes and elsewhere and even harassing them there that provide complete anonymity for the surveillor/harasser. If those means afford such ...
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1answer
110 views

Do police officers in the USA have to carry the law/code book?

I have seen several videos recently where police officers in the USA approach or detain someone, and then open a binder with laws/codes of the area and show the people what they violated. Question is, ...

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