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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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
70 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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4answers
101 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
52 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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1answer
96 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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1answer
340 views

What damages could one claim in a data breach, if the data was not subsequently used fraudulently?

Equifax recently announced they suffered a very large data breach, allegedly affecting almost half of all people in the United States. It's expected that lawsuits against Equifax will be popping up ...
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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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1answer
83 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 ...
1
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1answer
188 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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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
87 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
191 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
144 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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2answers
181 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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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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1answer
126 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
170 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. ...
0
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1answer
99 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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3answers
408 views

Sue a university for armed robbery

My friend was robbed the other day on university campus at night. He lost his laptop and his mobile phone. So, all of his work is now gone. He is having a mental breakdown at the moment. So, I want ...
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1answer
120 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 ...
0
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1answer
105 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
120 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
65 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 ...
0
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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 ...
3
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1answer
207 views

In Canada, is it legal for citizens to launch a small object into space?

Let's say a citizen is able to launch a rocket or a weather balloon into space with an electronic device (probably a GPS) and a small gnome attached on it, would it be legal? Does this require to ...
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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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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
201 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 ...
0
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1answer
65 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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2answers
167 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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0answers
25 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
447 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. "...
0
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1answer
35 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
74 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 ...
39
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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 ...
2
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2answers
120 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 ...
0
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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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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 ...
0
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1answer
85 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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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 ...
3
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0answers
260 views

Can I sue a company in US even if I'm in Brazil?

I currently live in Brazil and bought a Lifetime VPN service from a company called Spyproof VPN in 13 Oct 2015 which supposedly does not keep logs. After investigating some more, I found out that the ...
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1answer
79 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
53 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
53 views

Liability and Responsibility what is the importance of the distinction in common Law

In Civil Law( legal system) there is no distinction between Liability and Responsibility. One can only seek(judicially) the cessation of an illegal act if they have suffered damages. One can only ...
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5answers
4k 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
90 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 ...
2
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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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3answers
615 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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