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
75 views

Client has no right to have services similar to the Services performed by Client’s staff - is it legal?

Can this provision "The Client has no right to have services similar to the Services performed by Client’s own employees or subcontractors or by other third parties." be illegal? For example, a ...
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3answers
149 views

Why would a plaintiff settle for less after winning a case?

In the news right now is Hulk Hogan settling with Gawker for $31 million. This is a significant drop from the original $140 million judgement. What motivations would Hogan have for accepting this ...
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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 ...
2
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1answer
458 views

Does a software developer have a fiduciary duty to the user?

I've recently had to learn about fiduciary duty, and it struck me that this seems to apply to software developers. So my questions are Am I right in thinking that a developer has a fiduciary duty to ...
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2answers
195 views

JASTA law, Justice Against Sponsors of Terrorism Act. What's next?

Can anyone use this law to sue the US for killing people in Iraq for example?
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2answers
325 views

Why a civil court can order damages for killing a person?

Referring to the O.J. case, how can a civil court (or any legitimate court system) determine that you have indeed beat someone to death, now we are ordering you to pay damages and then you may walk ...
3
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1answer
331 views

Can a lay person help a friend bring a petition of violation of child support to Family Court?

A friend of the family, who only got up to the fifth grade, needs to file a petition for violation for child support in Family Court. I can help her assemble her evidence -- it's pretty simple, it's ...
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1answer
70 views

Bounced Check and ADA

Assume a documented dyslexic person writes a check and transposes two numbers. The error is such that it results in a bounced check. Can that person use the Disabilities Act to collect damages from ...
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2answers
199 views

Can I be forced out of my tenants-in-common home?

My grandpa paid 72000 cash for my house. We are listed as tenants in common on title. He owns and lives in another house. The jurisdiction is Indiana. I've paid him 800/month for 1 year which he said ...
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1answer
77 views

Risks of requiring payment acknowledgment when requiring release without payment

Suppose Acme Co does something which damages Bob, and Bob files suit. Acme Co’s attorney Allen approaches Bob in person, admitting that Acme is liable and offering to pay $X as well as take steps ...
2
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1answer
97 views

Recourse for damage to an item loaned to another?

When you loaned someone your car, and the car came back in a bad condition, most things are not working like hooter, reverse lights, windows cracked, etc., can you legally demand him/her to fix the ...
5
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3answers
321 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?...
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1answer
1k views

Major difference between criminal and civil law being that there has to be no specific victim in former?

Is it true that while for prosecution according to civil (private) law there has to be a party that has been wronged (I'm going to refer to as "victim" from now on) while for criminal law that does ...
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1answer
239 views

Administrative Subpoena - Do you have to comply?

This is purely academic. I am following the ExxonMobil and Attorney General Maura Healey lawsuit because it interests me from a purely academic standpoint. Here's a link from the Boston Hearld ...
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0answers
159 views

Need computer forensic case citation (urgent)

My mother is about to attend court over a car which was written off by a lorry. The CCTV video recording of the accident was mishandled, such as the storage SD card not being imaged, it was also ...
3
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1answer
146 views

Can a council absolve themselves of responsibility for actions on their property?

Having moved into a brand new property a year ago, we have been plagued by a noise nuisance from the city council owned car park across the road from us (I hate to be the person that moves to a place ...
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1answer
35 views

What are the prerequisites for a group to be considered a protected class?

Googling and looking online at fair house law and so forth have not yielded any information on the conditions needed to be met for a group to be protected under fair house and considered a protected ...
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1answer
1k views

What if my employer is sued for copyright infringement?

I have a part-time job at a small publishing company located in the United States (California) where I basically upload articles that they have written onto some of their paid subscription websites (...
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1answer
100 views

When is it blackmail?

In what cases may I threaten to publish disparaging information about a corporation if certain demands are not met? For example 1) Suppose my HVAC contractor overbills me and demands payment. I ...
4
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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?
1
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1answer
408 views

What are the statutes of limitation for civil lawsuits regarding utility bills between roommates?

Are there specific laws governing statutes of limitation for utility bills between household roommates? If not, I assume it would fall under some other existing category. Are utilities bills between ...
3
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0answers
536 views

Trespassing in Portugal

In Portugal, if people trespass property, what are the legal implications? Example 1: If a person opens my gate and enters my yard to knock on my door, is he trespassing? Example 2: If a person ...
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3answers
10k views

How to fight citation for expired license plates in Washington State?

Couple of weeks ago I was pulled over by Highway Patrol trooper in Bellevue, WA. He gave me citation for expired expired license plates (they expired in August, and I've got citation in December). It ...
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2answers
377 views

Prosecutorial discretion and jurisdiction

Scenario Let's say someone wanted to force a US State to get into a legal battle to resolve an open issue that the legal system has been reluctant to resolve and for which existing laws were murky. If ...
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1answer
120 views

Could any repercussion from a libel suit prevent or limit someone from perpetuating other attacks on others?

A certain evil man has previously waged a vicious campaign of cyber-bullying and libel against me, and appears to be revving up for a whole new round in the near future. His claims include accusing ...
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1answer
103 views

Subpoena Duces Tecum - who to contact regarding disclosure of company records

Mostly hypothetical subpoena duces tecum. How would I ask a company for the contact information and whatever else that I would need in order to prepare for a subpoena for data, documents, & ...
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3answers
205 views

In the US if there's loophole in a CFR does it go to the challenger?

I was wondering if a loophole in a where a law says "must" and not "must meet all" can be used to get bend the law in your favor. example: (a) Eligibility for consideration. To be eligible to ...
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1answer
44 views

Crowdfunding citizen legislation?

I'm a passionate citizen with an idea to stop the ill conceived CA highspeed rail act. I submitted the initiative to the CA Secretary of State but it was rejected because it's not actually a law - it ...
2
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1answer
361 views

Can an HOA block an unescorted guest at the gate?

I have a friend whose HOA has threated to block their guests unless she personally escorts them in. They are doing this as an anti-renting strategy, but of course they have no way of knowing whether a ...
4
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2answers
451 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 ...
5
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1answer
354 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.
2
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1answer
58 views

Valuation of a Person's Life

When awarding damages in a wrongful death suit, what criteria are used to determine the "value" of the person's life? Does the plaintiff and/or defendant have any input into this process?
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1answer
1k views

Former employee using our company name

My wife and I have run a company for the last 6 years. Unfortunately one of our former employees opened a website using our logo, pictures, and referring to himself as if he were still our employee. ...
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3answers
147 views

Can a person be civilly liable for an action that was criminally deemed “de minimis”?

I want to know that, if a criminal conviction is dismissed due to it being considered "de minimis", can the person still be considered civilly liable for the actions that took place? Examples would ...
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1answer
81 views

Is there a cause of action if a contest sponsor leaked my personal information?

I entered into a free contest in Canada but I did not win. But when I searched for my own email address, I found a public Google docs that contains the address, date of birth, email, name, and phone ...
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2answers
121 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 ...
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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-...
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0answers
164 views

Can evidence produced in a civil action be excluded from a criminal trial?

Following this question, which is part of a chain of interesting posts exploring the use of civil actions to force liability insurers to pay for unintentional torts of their insureds: Suppose a ...
2
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1answer
76 views

Is there a way to resolve a tort discovered after a divorce is finalized?

Say divorce procedings have been finalized and there is shared custody of the child. If it is found that one of the partners has been unfaithful, can the other then sue for full custody of the child ...
4
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1answer
674 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
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0answers
92 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
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2answers
382 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 ...
2
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1answer
8k views

How is a settlement agreement in a civil case approved?

While reading a very informative answer to a previous question: Plaintiff didn't respond to discovery - and later settled - can I get any legal fees back? I came across "the court may need to ...
7
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2answers
709 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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2answers
433 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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2answers
407 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 ...
3
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1answer
347 views

Implied insults

What are the legal differences between an explicit insult, that qualifies as slander, and an implication of the same insult? I am a German citizen, so I'd prefer answers applicable to Germany. But ...
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 ...
3
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1answer
747 views

Under what circumstances can a debt lien on real property be satisfied by foreclosure?

Under what circumstances can a debt lien on real property be satisfied by foreclosure? For example, let's imagine a debtor fails to pay a debt, say a car loan on a vehicle that is now missing or ...
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1answer
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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