We changed our privacy policy. Read more.

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.

Filter by
Sorted by
Tagged with
1
vote
1answer
25 views

Do you make two or more different paragraphs, subdivisions or sections of a statute in the table of authorities separately or how do you go about it?

Say you want to list 3 sections of the same statute in the table of authorities in your pleading including §123 and §124 as well as §125(a) and §125(b); will you list them each or will you list one ...
1
vote
2answers
64 views

Can you use definitions for adverbs instead of nouns and personal nouns in a legal context?

Legal definitions where nouns and persons are defined are common place reality of legal writing. We also see often times events and conduct be subject to definitions, and be referred to by a shortened ...
3
votes
2answers
93 views

What is the definition of "retail" or "at retail" for the purposes of the Song-Beverly Consumer Warranty Act?

Bob, a private individual, visits a store in California — where Corp, the manufacturer, maintains a showroom — and proceeds to purchase a consumer goods. Bob, after explaining his needs relevant to ...
2
votes
1answer
68 views

Can China be sued in U.S. court for torts related to COVID?

Does U.S. law allow a U.S. plaintiff to sue China for damages stemming from COVID? (I am not asking whether there is sufficient evidence to support such an allegation; only whether U.S. courts assert ...
14
votes
1answer
2k views

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 ...
2
votes
1answer
35 views

What state or country can have criminal or civil proceedings?

The hypothetical scenario below occurs in the United States. Suppose I live in State A, but am on vacation to State B. While on vacation, suppose someone living in State C, but currently in State D, ...
-7
votes
2answers
160 views

Can/shall I sue Domino's if I felt the manager was being racist?

Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist? When I called Domino's for an order that was delayed by 20 minutes, instead of apologizing he ...
2
votes
1answer
113 views

What was the longest not stricken complaint filed in any U.S. court in the history of the U.S.?

Might sound like a trivia question, but it may have practical implications, too. If there is a different number for "with Exhibits" and "without Exhibits", that would also be ...
4
votes
4answers
476 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.
5
votes
2answers
412 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 ...
3
votes
2answers
106 views

Is there any case law for written replies to letters or emails satisfying service of process requirements?

Hypo... Bob is required to serve a pre-court proceedings’ notice [or complaint/other filing even] on Cob. Bob and Cob are both [U.S./California] citizens. Bob sends all documents required to Cob in a ...
1
vote
2answers
93 views

Under US law, is it illegal to write a self propagating computer worm

Suppose a person creates a self-propagating computer worm that: does not modify or delete any of the victim's files rather displays a funny message to the user scans other computers and spreads ...
1
vote
2answers
64 views

Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?

Let's say, in California, a Forbes 500 multi-billionaire wrongdoer has engaged and continues to engage in such fraudulent and/or malicious and oppressive conduct that has made plaintiff and continues ...
4
votes
2answers
84 views

Confusion about by-laws, unanimous member agreements, and appointment of directors in Canadian not-for-profit organizations

The starting point for my question is this by-law for a not-for-profit organization in Canada (the by-law is about the make-up of the board of directors): "(b) A majority of the Directors must ...
0
votes
1answer
88 views

Can a company be sued for reporting unpaid bills to lower credit score and send the bill to collections if their payment method doesn't work?

I'm trying to pay a bill but I exhausted all means to pay the bill using their payment methods. Now they sent me an email threatening to send the bill to collection since I have an unpaid bill. I have ...
0
votes
0answers
13 views

The extent to which probate proceedings impact the timeline for payouts to beneficiaries of (ir)revocable living trusts upon the death of the settlor

In the State of Texas, Settler creates a revocable living trust which, among other things, provides for certain GST-exempt cash payouts to be made upon her death. The trust also provides that ...
1
vote
1answer
52 views

How far does liability extend in a civil conspiracy?

Acme LLC makes widgets. Bob is a member of Acme. Bob tries to take Acme's widget maker, thinking he can operate the machine himself, but breaks it in the process. Of course Bob has also violated his ...
2
votes
0answers
72 views

Legality of intentionally sending patches with security vulnerabilities to open source projects

Referring to no one and no incident in particular, imagine that some individuals, interested in performing a social/technical experiment, designed some changes to an open source project, knowing that ...
1
vote
4answers
104 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 ...
1
vote
1answer
54 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 ...
71
votes
6answers
14k views

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 ...
1
vote
1answer
71 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 ...
0
votes
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
vote
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. ...
1
vote
1answer
190 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 ...
1
vote
1answer
88 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 ...
2
votes
2answers
220 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 ...
1
vote
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 ...
1
vote
2answers
145 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 ...
-1
votes
1answer
129 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 ...
10
votes
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 ...
0
votes
2answers
182 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" ...
0
votes
1answer
103 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?
-2
votes
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 ...
1
vote
1answer
126 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 ...
1
vote
1answer
66 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
votes
0answers
26 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 ...
1
vote
2answers
46 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? ...
1
vote
1answer
205 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
votes
1answer
107 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 ...
0
votes
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 ...
0
votes
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 ...
1
vote
2answers
171 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 ...
6
votes
2answers
467 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. "...
13
votes
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 ...
0
votes
1answer
36 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 ...
0
votes
1answer
75 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 ...
0
votes
1answer
98 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 ...
2
votes
2answers
127 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 ...
39
votes
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 ...

1
2
3 4 5
9