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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73 votes
6 answers
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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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43 votes
2 answers
53k 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 ...
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39 votes
2 answers
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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28 votes
3 answers
9k 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, ...
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24 votes
4 answers
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I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

There is an alleged scammer in my community. An article about him was published by our local news site. As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is ...
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23 votes
2 answers
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 ...
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22 votes
4 answers
12k 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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17 votes
2 answers
8k views

Law Firm with one lawyer and hundreds of legal experts who haven't passed the bar

In this hypothetical scenario lets say there was a law firm that has only one lawyer to file all paper work, make all court room appearances to represent the firm. All of his work, however preparing ...
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17 votes
2 answers
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 ...
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15 votes
5 answers
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 ...
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15 votes
3 answers
3k views

Does the New York State Governor have the authority to impose fines?

The New York State Governor has allegedly declared a "fine for violations of the state's social distancing protocol from $500 to $1,000...." The government website claiming that declaration ...
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15 votes
1 answer
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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 ...
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14 votes
1 answer
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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". ...
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13 votes
5 answers
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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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13 votes
3 answers
849 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 ...
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11 votes
4 answers
7k 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?
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11 votes
4 answers
3k views

Can one use a personal injury lawyer when the police won't act?

Based on a true story: Bob's car is parked in the street. Ted is driving down the street recklessly with Alan as a passenger. Ted sideswipes Bob's car doing quite a lot of damage, but takes off. ...
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11 votes
5 answers
7k 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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  • 763
10 votes
3 answers
4k views

Does the USA actually have debtors prison or jail after a court order?

Okay, I know officially the answer is "no, there is no such thing as debtors jail for civil debts in the USA", however let's explore this. Suppose a person is sued by a creditor for a debt. ...
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10 votes
2 answers
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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10 votes
1 answer
1k 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 ...
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9 votes
1 answer
610 views

What is tort law and how does it differ from civil law?

Is there any difference or overlap between the two? Does one more broadly encompass the other? Are torts defined in statute or do they exist alongside statute in some way more fundamentally and less ...
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8 votes
3 answers
5k views

How does California (CA) have standing in CA vs Activision Blizzard?

It's been reported that the state of California (CA) has sued Activision Blizzard as a result of its two-year-long investigation. The alleged actions are not alleged to be ongoing. It's been reported ...
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  • 2,410
8 votes
3 answers
509 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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  • 81
7 votes
2 answers
3k views

Who is responsible if a customer does not specify location to taxi driver?

At an airport a family decides to take a taxi and tells the driver they want to go to a particular road and the taxi driver tells them they know that road and feeds it into the GPS. Everything seems ...
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7 votes
2 answers
2k views

How do you dispute a large bill for damages?

Suppose that a person T (for tenant) had a year ago rented an apartment that had some water damage due to a pipe bursting inside the building. There was a lot of back and forth between T and the ...
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  • 2,706
7 votes
4 answers
2k views

Is time spent on litigation recoverable as lost wages?

Generally, pro se non-attorney litigants cannot recover attorney fees under a statute providing for attorney fees. Can a non-attorney recover for time spent on litigation (time preparing for trial, ...
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7 votes
1 answer
4k views

Can you sue someone for parodying your character?

Can you sue someone for parodying your character? Or is this part of free speech? One thing I am always wondering is why people won't use "Google" in movies, especially cartoons, but parody ...
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7 votes
2 answers
3k views

I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs

I am from Australia. In Australia, any civil claim below $10,000 is considered a small claim and one cannot use a solicitor to represent himself in the small claims court. One may also not claim the ...
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7 votes
2 answers
2k 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 ...
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7 votes
2 answers
4k 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 ...
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7 votes
6 answers
38k views

Received a sticker on my car window on a private company car park

Quick story: I parked in my company car park (so I guess its private land), in a place where 'the bay is not marked'. I see many people parking in the same spot, and never have I seen a sticker on ...
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  • 171
7 votes
2 answers
716 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 ) ...
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  • 173
7 votes
2 answers
338 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. ...
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  • 211
6 votes
1 answer
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 ...
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  • 1,145
6 votes
1 answer
1k 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.
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6 votes
1 answer
276 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 ...
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6 votes
4 answers
438 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 ...
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  • 161
6 votes
2 answers
488 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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  • 1,897
6 votes
1 answer
205 views

Is there any branch of the law, where a foetus is given legal personality separate to that of the mother?

If the rights or wrongs of abortion are a judicial matter rather than political, central to it would seem to be the question of what defines a "person". Critical to the idea that abortion ...
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  • 251
6 votes
1 answer
191 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 ...
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6 votes
0 answers
471 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 ...
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5 votes
4 answers
498 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.
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  • 2,630
5 votes
3 answers
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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5 votes
4 answers
6k 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-...
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  • 4,800
5 votes
1 answer
254 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 ...
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5 votes
2 answers
419 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 ...
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  • 6,130
5 votes
2 answers
610 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?
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5 votes
3 answers
161 views

What is actually the difference between a *crime* and a *civil wrong*?

I have two questions I'd like some help on, the answers to which potentially depend on each other. The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
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5 votes
1 answer
245 views

Can a state make a law that deputizes individuals to sue individuals in other states?

I've read briefly about the recently in-effect Texas anti-abortion law, and I'm perplexed at how it supposedly is difficult to challenge in court. If I understood correctly, it deputizes private Texan ...
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