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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57 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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11k views

Under what circumstances do civil cases go before juries in the U.S.?

In a criminal case, per Rule 23, either party may demand a jury trial (and the defendant usually does). A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances ...
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Extortion, bribery or hush money?

Hypothetical: someone (Party A) hit or stole from another person (party B), and then a report was made to the police. Party A confesses to the police, but then offers money to the police detective (...
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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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86 views

legal research question

I would like to read civil litigants constitutional challenges. Where would such filings be filed? I have read several appeal court and supreme court opinions on constitutional challenges on google ...
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4k views

Are Satanists legal in the US?

I heard that Satanists in USA are legal and are even represented in the counsil of the churches and have "study books" used in school. In Russia there is a law that acts which are done to harm ...
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223 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
113 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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60 views

Self defense damages

Someone attacks me. I punch them in self defense. During the punch I dislocate my shoulder. Are there civil damages incurred when I injured myself in self defense and got a medical bill?
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Bait and switch selling

I purchased an 11-piece cabinet at a ridiculously low price and the order was confirmed by the corporate retailer. Few days after reviewing my order they have swapped out the item for a different item....
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2k views

Can I sue my gym for over charging me?

They have refused to correct the mistake. I have asked them about 3 times and finally given up and just cancelled my membership.
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988 views

What is the difference between applicable law and governing law?

there: I have a question about what the difference is between applicable law and governing law. Are they the same (one) concept or different? In addition, what is choice of law? Does it mean the ...
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Isn't statute of limitations irrelevant in real life?

Say someone steals a property title or somehow obtains property fraudulently. Since the transfer of property was never legitimate, didn't the actual title never change, and therefore, the statute ...
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How does false advertisment regulation apply to games claiming your IQ is determined by your success in the game?

I've seen a number of mobile game advertisements which will hover an IQ score above the game with it going up or down based off of rather the player makes a correct move in the game. While they don't ...
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62 views

Is incurring taxes on someone a damage?

Imagine this scenario. Person A owns a investment account managed by broker B. A tries to sell an investment in a tax advantaged way. B maliciously does the transaction wrong, causing A to incur taxes....
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245 views

Can I sue my employer if they terminate my employment while I'm laid off during the Coronavirus outbreak?

I am currently laid off from my job due to the Coronavirus outbreak. My employer informed my coworkers and I in a group meeting on the day before the lay-off that we would all be brought back to work ...
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1answer
71 views

Why has a domestic violence case made public online? (California)

According to my understanding California law prohibits the courts from giving online access to the documents in a domestic violence cases (for example through websites such as unicourt). Is that ...
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127 views

I'm an engineer. Can I build something that is patented asuming I don't share, sell or profit off the item?

I found a few posts but they were a bit ambigous a a lot was left to the uneducated imagination of mine. Title says it all really. Say I wanted to build a special type of laser, I do NOT want to sell ...
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91 views

Could a poll's claimed results be defamatory?

In the Trump campaign's letter demanding that CNN retract its poll claiming Biden leads Trump, the letter claims: The poll is intentionally false, defamatory and misleading, and designed to harm ...
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121 views

Sandy Hook defamation case and opinions based on disclosed facts

(Note that I 100% think the Sandy Hook shootings were 100% real.) From a BBC article: In June a Wisconsin judge ruled that James Fetzer had defamed Leonard Pozner by claiming he had fabricated the ...
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2answers
102 views

Has any legal system ever enforced all of its laws?

A recent Travel Stack Exchange question about an immigration provision in the federal code lead to a bunch of respondents noting that the law in question is simply not enforced, with one person openly ...
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42 views

Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
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1answer
88 views

What tenant laws apply if there is a non-code compliant living situation in CA?

I'm living in an RV in El Dorado County, CA where like in many counties, it is illegal to occupy a motorhome on residential property. Of course, El Dorado County is so rural that many people do it. ...
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57 views

When (if ever) is it a tort for a reporter to reveal “off the record” info?

Outside of NDAs and other confidentiality contracts, are there any circumstances where it would be a tort for a reporter to reveal information that was shared under an "off the record" condition?
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100 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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Pictures of people breaking the law in Facebook

Within this COVID19 pandemic various activities were forbidden in Portugal, like spearfishing or catching crabs in rocks. Yet, some people insist on doing them (let's call them rebels) but in a "...
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141 views

Preclusive effect of federal declaratory judgment in state court criminal proceedings

This question presumes the following circumstances: A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
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1answer
59 views

What happens when someone sells a found item?

I got into a discussion about finder's law yesterday. I live in Canada, so that's the law we were looking at, but I'd be interested in law from any jurisdiction. Most of our discussion was based on ...
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Neighbour dispute

If any visitor comes to my home, then when they return from my home, my neighbour comes near the fence and starts talking with my visitors. I feel it as a disturbance for my privacy and for ...
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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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1answer
51 views

How do plaintiffs get emails relating to companies they are suing?

For example in the case of IBM getting sued over age discrimination, the plaintiff somehow got emails showing that upper management instructed his director manager not to transfer him but to fire him. ...
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202 views

Would conditioning wildlife to harrass someone playing music too loud risk legal repercussions?

This XKCD comic jokingly suggest training wildlife to harass people playing music too loud in their car: I'm pretty sure no one is actually considering a solution like this, but it made me curious ...
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176 views

Does the Trump campaign have standing to sue over defamation against Trump?

The NY Times, the Washington Post and, most recently, CNN, are being sued for defaming Trump. However: As with the other two cases, this one is being brought on behalf of the campaign, rather than ...
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268 views

Can a fan be considered an “air conditioning unit”?

Saw this apparently ridiculous statement from Airbnb on social media today, A fan legally constitutes an air conditioner It's unclear by what law that might be the case - the situation took place ...
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1answer
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If I find a meteorite do I get to keep it?

If I find a meteorite do I get to keep it? Does it make a difference if I find it in my own lawn or on public land? I am especially interested how law is in European countries.
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Quitclaim reversal in Washington state. Statue of limitations? Options? Legal recourse?

My question involves real estate located in the State of: Washington My home, has been hostilely taken over. It appears after my home was legally purchased and transferred into my name, that a ...
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Who decides the sale price of jointly owned property?

Two friends decide to purchase a condo 50/50 and become roommates. Foolishly, no agreement between the friends is entered. Shortly after, roommate A finds a girlfriend. The relationship rapidly ...
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7k views

Is it illegal to report a potentially illegal website to a message board (Reddit)?

As a hypothetical question, I've accidentally stumbled upon a website that may contain illegal underaged material. Due to a lapse in judgement, I posted/reported this to Law-based Reddit forum to let ...
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2answers
85 views

How to find what arguments were used in a case?

Is there a public record of the arguments used in court cases? There is a news story in the UK at the moment about the Post Office prosecuting sub-postmasters for fraud, where it was the post office ...
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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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462 views
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333 views

Is There a Legal Distance to Slow Down After Passing a Speed Limit Sign of a Lower Speed? [MA]

I recently moved to Western Massachusetts from New Hampshire, where speed limit changes of 10+ MPH are always marked with "reduced speed ahead" signs. According to the Massachusetts government website:...
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94 views

Is there an eventual legal obligation to return the Elgin Marbles to Greece?

Greece as a state was born in 1829 with the London Protocol so it would have to be a nasciturus for it to have ownership (retroactively) between 1801-1812 when the Elgin Marbles were being removed. ...
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2answers
591 views

Is it legal to film and record in public areas in Sweden?

The title says it all: Is it legal to film and record anything in public areas in Sweden (e.g. using a mobile phone)? Starting from roads/trees/object to people and especially the police (e.g. in a ...
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3answers
13k views

Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?

If someone was in the process of kidnapping your baby and you were chasing after that person, if you have a gun on you and you use it to shoot that person and then that person dies, would you be ...
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1answer
834 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
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1answer
27 views

Lawsuit over the breach of Terms and Services against a non-resident

So, there's an automation tool for a well-known US-based online platform. Can that platform sue a non-US-based company (or an individual residing outside of the USA) over a breach of its Terms of ...
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1answer
92 views

If a retailer refuses to sell an item citing a state law are they required to prove the legitimacy of the law?

A convenience store clerk refused to sell me tobacco when I declined her request to scan my ID. I did allow her to inspect my picture ID which clearly showed my age to be 63 (as if she couldn't tell ...
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2answers
121 views

Is it damages to cause someone's premiums to increase?

I bought a car as an "or" title with someone. She signed it over to herself without telling me while I paid the insurance. So I think there are damages there. Additionally, which is what I am asking ...
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105 views

My car insurance company is taking a very long time to evaluate damage on my car — What are my rights?

I had an accident (not at my fault) about a month ago with my car. The car stopped working, and I had to tow the car to a shop. The insurance company said they would do their best to quickly evaluate ...

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