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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
37k 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 ...
27
votes
3answers
8k views

What are some possible law suits or civil actions the Las Vegas shooting victims could take?

I assume that many, if not all of the businesses, corporations and individuals who were operating and supplying services at the time of the Las Vegas Strip shootings (Wikipedia) - such as hotels, ...
22
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2answers
2k views

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 ...
17
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2answers
7k views

Can I sue Volkswagen for damage to my health?

Hypothetically, what legal standing would an individual who does not own a Volkswagen car have to sue Volkswagen for damage to health? As someone who suffers from respiratory issues, it seems that ...
14
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5answers
10k views

Would I have a reasonable cause of action to consider suing a science centre for violating disability rights law?

As someone who is both totally blind and hard-of-hearing, I rely on tactile feedback a lot. I live in Oregon, and I heard that a new exhibit was going to be stationed permanently, so I wouldn't have ...
14
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1answer
3k views

What did Colorado say in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that Kennedy found to be “neither tolerant or respectful”?

In today's decision by the Supreme Court in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission Justice Kennedy said the treatment of the baker was "neither tolerant or respectful". ...
13
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2answers
299 views

What are the circumstances that require disclosure of an old legal name, when the name change case has been sealed?

I've previously had my name changed in a district court in the state of Utah. The case was filed as an adult name change and the case itself was order sealed by the judge who heard it. All of my ...
10
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4answers
5k views

Equivalent of “illegal” for violating civil law

If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
7
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2answers
1k views

Why does the 7th amendment not apply in traffic cases?

In my city (Lansing, Michigan), and apparently in many other cities, you are not allowed trial by jury for traffic violations. This seems to be in direct contradiction to the 7th amendment. Is there ...
7
votes
4answers
260 views

My parents purchased a condo under my name, can they legally take the condo back?

I live in Ontario, Canada. Due to conflict with my parents, they are claiming that by law they can force me to give back the condo to them (or repay them the amount of the purchase) since they paid ...
7
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2answers
265 views

Can I disclose terms of a settlement when I don't accept it?

I've been involved in a Mass Tort lawsuit against a drug company for several years. Recently, a confidential settlement agreement was reached between the law firm representing me and the drug company. ...
7
votes
1answer
232 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 ...
6
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1answer
1k views

Can Chelsea Manning be sued in civil court by anyone named in the documents that were leaked?

Since Chelsea Manning's name is in the news, the following question seems interesting: Manning leaked a large set of documents Some of them could have clearly had a negative effect on specific ...
6
votes
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 ...
6
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2answers
681 views

Obligation to respond to written interrogatories requesting personal information

I received a letter form an attorney, resembling this template. (Header of that template for posterity): SUPERIOR COURT OF CALIFORNIA COUNTY OF BLAH PLAINTIFF'S NAME ) ...
6
votes
1answer
106 views

Can a state agency, asserting “equal footing”, ignore an order from a state court

Awhile back I had to hire an attorney when the state of California was erroneously notified from another state that I had been convicted of a DUI...resulting in a suspension of my California Driver's ...
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
votes
1answer
218 views

Is it possible to end up in prison due to failure to appear in court for a civil matter?

This is a question about the law in USA, and is regarding civil cases. This question is only regarding cases where a civilian, or a non-governmental organization, has sued another civilian. With this ...
5
votes
2answers
298 views

Is the bible used by judges?

When making a decision, can a judge use the bible or must he go strictly by the statutes?
5
votes
1answer
142 views

Prior to a divorce, can a spouse prevent the use of any saved assets?

Lets say Bob and Mary are about to get separated and divorced. Bob has a 401K and a savings account that Mary can not access. To prevent having to give Mary half when they divorce, Bob decides he ...
5
votes
2answers
112 views

Is there a reason lawyers are hesitant to use the media against an adversary?

I'm not a lawyer, so I'm only familiar with a small cross section of civil suits, but it seems to be a general trend that lawyers are very hesitant to publicize any part of a case. Even when the ...
5
votes
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 ...
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 ...
5
votes
1answer
330 views

In small claims court, can I sue for the time I spend putting together my case?

That is the time I spend gathering the necessary documentation and doing other things like filing at the court, going to court, collecting, etc., etc. I would be representing myself obviously.
5
votes
3answers
288 views

How can a civil judge override the jury's award?

In a civil case in which the jury decides an award for the plaintiff, under what circumstances and with what limits can a judge reduce this award? Does this implicate either the 6th or 7th Amendments?...
5
votes
1answer
122 views

Is an agreement enforcable that makes parents liable for a child’s behavior at school?

Hypothetical facts Alice is 17 (a legal minor). Alice attends the 12th grade at Bob High School (BHS), a California public high school. BHS loans Alice a laptop to do her school work. As a condition ...
5
votes
2answers
340 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, ...
5
votes
0answers
429 views

Usage-Based Insurance Devices (Like Progressive's Snapshot) - Evidence of Liability and Public Policy

In the United States, the biggest auto insurance carriers such as Progressive, Allstate and State Farm, have all begun offering optional potential policy discounts if the covered driver agrees to ...
4
votes
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 ...
4
votes
3answers
2k views

Can the Fifth Amendment protection against self-incrimination be invoked in a civil deposition? [duplicate]

Can the Fifth Amendment protection against self-incrimination be invoked in a civil deposition? Assuming it can be, what potential consequences may the invocation have, if any?
4
votes
1answer
763 views

Can I keep my last name if I get married?

Can I keep my last name the same if I get married? I don't want to hyphenate it either. Is this possible? Is it a MUST that I change or hyphenate it? I am in New York City, New York.
4
votes
2answers
142 views

Should I fight City Trash Citation for tenants trash

I own a quadplex in Cincinnati. Only 2 of the 4 units were occupied, but a tenant moved out on Monday, so I'm down to 1. The one that just moved out put all their trash by the road, not in a bin. My ...
4
votes
2answers
372 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
votes
1answer
4k views

Police not accepting “Signature Forgery” report only because in the past we have signed some other authentic papers with perpetrator

One company made us sign Application Form and then they forged our signature on "extension contract" that we never had a chance to see. This forged contract is very disadvantageous to us. Today we ...
4
votes
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 ...
4
votes
3answers
1k views

What are consequences for defendant failing to meet orders of civil court?

I read that a civil court judge may order that a defendant, for example, pay damages; or, another example, provide particulars relevant to the pre-trial pleadings. But what if they don't comply? ...
4
votes
2answers
16k views

Did Zoey Tur assault Ben Shapiro?

Alleged Facts On this video (at time marker 5:32-5:36), Ben Shapiro alleges Zoey Tur committed the crime/s (and/or tort/s) of assault and/or battery against Shapiro. (I believe) the incident occurred ...
4
votes
1answer
363 views

Does Canada have a less litigious culture than the United States?

I have an anecdotal question about the legal culture in Canada that is based on a personal observation of mine and may not be answerable here definitively. But here goes: Last summer my family and I ...
4
votes
1answer
213 views

How are the interests of civil and criminal justice served when in conflict?

Tom made an interesting observation: It is very common to have a civil lawsuit brought that implicates criminal laws, but not have the criminal violations be charged. For example, if you steal ...
4
votes
2answers
335 views

Is there legal basis to sue a newspaper for potential health risking advice?

In an online news site (or a regular newspaper), under its "Health" section, there are sometimes extremely dubious articles published. Some of them contain nutrition advice which poses a potential ...
4
votes
1answer
546 views

Is a barber liable for messing up a haircut?

If a barber accidentally gives someone a bad haircut, causing them to miss a meeting and contract, can the person sue for damages?
4
votes
1answer
89 views

Recording a phone conversation with customer support/sales

I understand the law about private communications in person and over the phone not allowing recording. However, in cases where a consumer records a conversation between him and a company offering them ...
4
votes
1answer
56 views

Are civil ICE detainees unconstitutionally punished, if the conditions in ICE centers are more restrictive(punitive) than maximum security prison?

Jurisdiction: Texas Facts: Juan Martinez at 19 years of age pleaded guilty to distribution of undisclosed controlled substance in exchange for 5 years of probation.( Lets say violation of Texas ...
4
votes
0answers
88 views

Can an apartment complex force place insurance on a renter's account? [closed]

Some apartment complexes require renter's insurance in accordance with their lease terms, but can the apartment complex force insurance on the renter's account?
3
votes
2answers
306 views

Does the 14th Amendment give people the liberty to break laws and constitutions?

Are laws and constitutions themselves a violation of the 14th amendment? Can the government deprive people of their liberty to use drugs for recreational use, hire prostitutes, gamble, etc? Any law ...
3
votes
2answers
518 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. My ...
3
votes
1answer
127 views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
3
votes
1answer
165 views

Liability from attaching a note with tape to an improperly parked car?

I am a security officer for a private estate. I frequently deal with cars parking in a way that obstructs other vehicles. On a recent occasion I asked the various tenants of the estate and each ...
3
votes
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 ...
3
votes
3answers
224 views

Public Trespass

The Town Adminstrator of my town has issued a NO TRESPASS order on me personally. I'm a Private Citizen with no history criminal past. The No Trespass order is telling to stay off of Senior Center ...