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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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107 views

Can a paratransit company refuse to reimburse you even if you had a medical situation?

I'm asking on behalf of a friend of mine who is not on this site. They are blind and have a guide dog. We are both in Oregon, and we sometimes take the TriMet Lift paratransit service. Last Sunday, ...
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1answer
108 views

Is the formalism “I put you on notice” important, in UK law, or can a less formal wording be equivalent?

Example case: a high value car specialist/expert sold me a car with a serious defect they should have known of and disclosed (such as past accident history) while warranting the condition was good/...
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109 views

California Legal Ethics: Attorney Bringing On Co-Counsel w/o Client Knowledge?

Is is a breach of ethics in California for an attorney representing a client in a civil matter to discuss their client's case in detail with potential co-counsel without the client's knowledge or ...
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2answers
235 views

What is the process for obtaining an anonymous internet poster's identity for a civil lawsuit?

An anonymous person can, given some effort and a minimum of expertise, ruin a person's life on the internet through defamation. (The popular method currently is to forge authentic looking screenshots ...
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3answers
218 views

Public Trespass

The Town Adminstrator of my town has issued a NO TRESPASS order on me personally. I'm a Private Citizen with no history criminal past. The No Trespass order is telling to stay off of Senior Center ...
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58 views

To what extent would a civil court defer to a criminal court (jury) decision?

To what extent does the doctrine of stare decisis bind civil courts to the decisions, especially the jury determinations, of criminal courts? If someone was convicted of an act that was both a crime ...
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1answer
3k views

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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1answer
295 views

What are the legal requirements in the United States for being recognized under federal law as “white” or a “white” person?

Primary resource: [Hefny v. _ (1997) (citation needed, appears to have been dismissed by the U.S. District Court)] Secondary sources: Egyptian Immigrant Wants to be Reclassified as Black Race, ...
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84 views

Laws regarding amateur chemistry sets for lawful and safe exploration of science [closed]

Last week a squad of 20 members of the weapons of mass destruction division of the FBI shut down my block and raided my apartment. They didn't find what they'd expected to find (basically they found a ...
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1answer
132 views

Is a fraudster liable for losses in this situation?

The usual rule of law is that a fraudster is liable for all losses/restitution, due to their fraud, whether or not reasonably foreseeable. Suppose a fraudster's deception causes a person to take a ...
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65 views

What potential litigation could a corporation face if you made your personal phone number public on social media?

I saw on someone's Facebook page that they were hired at a major corporation who told them that they needed to delete their phone number, and ask that every one of their friends delete the phone ...
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5answers
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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4answers
133 views

Is an employee of a company personally liable if they violate the law on behalf of the company?

In essentially any interaction between customers and businesses, there are people on the business end who are communicating with customers on the business's behalf. This might mean customer service ...
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3answers
97 views

Am I required/permitted to disclose a security risk at a company I do not work for?

Scenario: I shop at a local retail store. While I am there, I notice that store staff have printed out and placed a long list of cleartext credentials for major internal and external business systems, ...
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1answer
86 views

What are the laws regarding compiling SE answers and selling them for money?

Thanks to user @Abcd for pointing this out. It seems that there are some books floating around the internet, selling for $4.61, that are compilations of SE answers. What are the laws regarding this, ...
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1answer
115 views

What does it mean that Scotland is a civil law jurisdiction?

I have learnt recently that Scotland is a civil law jurisdiction (when it comes to private law at least), but one that doesn't have a civil code. I have also been taught that the main difference ...
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1answer
72 views

What action USA's IRS is likely to take for failing to respond to audit? [closed]

Assume a person earning $120k makes $40k charitable contributions and has all proof of contributions. IRS suspecting high charity, sends out an audit. The person has relocated and never receives an ...
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1answer
166 views

Traffic Violation Question

If a police officer stops someone for a traffic violation and they don't have a driver's license and no identification at all, what is the charge?
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1answer
174 views

Is Ambush by New Parking Sign legal unless prohibited?

I came across the following NYC article from on the internets whilst researching the situation for ATX: https://newyorkparkingticket.com/proposed-nyc-parking-law-relieves-pain-new-parking-sign/ ...
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2answers
37k 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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1answer
116 views

Why haven't jurists corrected the ambiguity of 'civil law'?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 39 Bottom. Box 2.3. "Common Law" and "Civil Law": Alternate Meanings As we have seen, some legal expressions have different ...
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1answer
91 views

Are lawsuit records publicly available?

I was a witness in a trial back in 2012, representing the plaintiff who was fired illegally. https://www.kafourymcdougal.com/a-washington-county-jury-awards-nearly-1-million-to-esd-whistleblower-2012-...
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1answer
115 views

In the US, who decides whether an offense is criminal or civil?

Evidently protection against sexual harassment dates to Article 7 of the Civil Rights Act, which makes it "unlawful" for employers to discriminate on the basis of sex. Is there something in the ...
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2answers
51 views

What Travel Expenses are Allowed in a Civil Suit?

In a civil suit involving repossession of a car in a remote city in California, it seems obvious that I can sue for the airfare to that remote city. But, what about hotel and meal expenses (or other "...
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1answer
86 views

What does “shall not dismiss … merely” mean in Arizona?

Legislatures of most states consider "expired registration" violation to be "fix-it" tickets, where promptly renewing the registration after the issuance of the citation is grounds for complete ...
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2answers
259 views

Can a landlord demand that a house rented when new be returned to “new” condition?

We are living in California. In our lease agreement, it states under the "condition" section: Tenant acknowledges these items are clean and operable condition, with the following exceptions: ...
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1answer
63 views

Can I demand partial deposit back on a joint lease?

I am living in California. I am currently on a joint lease of a house for a little more than two years. The lease is on a monthly basis (used to be a one-year lease but continued as month-to-month). ...
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1answer
73 views

Can a tenant ask the occupant listed in the house agreement to vacate immediately & legally? In Texas,USA

This is in Hunt county, Texas, US. I had signed as tenant and took a house for rent. With couple other person's listed as occupants. The person's have not signed but just listed. But the occupant has ...
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3answers
472 views

loaded questions in pseudo-legal scenario

How is a loaded question dealt with in a legal, or legalistic, context? Is there particular language which is typically employed, or is there a strategy which is particularly effective? The specific ...
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1answer
41 views

Can I hire someone to haul my waste monthly?

Can I hire an independent contractor to haul my waste in my city of Colusa, California. Someone said there is an exclusive contract that prevents the hauling of ones own waste to a landfill.
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1answer
86 views

Suing Beyond Expenses in California

In California, I loaned my $6000 car to someone who paid a $500 deposit. If he returned it today, according to the agreement, he would owe $1500 (so he would need to pay $800 more since he once made a ...
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3answers
4k 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 ...
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0answers
43 views

Can a revoked degree cause problems for permanent residence?

Suppose a person has been granted permanent residence in Canada. Further suppose residency was granted partly on the basis of the person's academic degree. Now suppose the degree is revoked by the ...
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1answer
73 views

Falsely admitting to breaking a civil injunction

So say somebody asked Bob if he'd broken a civil injunction, which Bob hadn't, but Bob admitted to having broken that injunction. Bob was taken to court, but it quickly became apparent Bob could not ...
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1answer
119 views

Grokking the difference between Civil Law and Common Law

My history teacher told us yesterday, the difference between Civil Law and Common Law, if specified in one sentence is: The Civil Law is to make and create laws, While the Common Law is to find and ...
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4answers
256 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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2answers
98 views

Does Manafort v. DOJ, Rosen and Mueller have any merit?

Does Paul Manafort's suit against the DOJ, Rod Rosen and Robert Mueller have any merit? Paul Manafort Sues Mueller and Asks a Judge to Narrow the Russia Investigation - The New York Times. The DOJ's ...
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2answers
78 views

Canada's Principle of Fundamental Justice - Vagueness and Fair Notice

Can somebody explain to me what is considered to be fair notice and whether a law is "vague"? I've read an article under the Principles of Fundamental Justice, and it said: A law is ...
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4answers
370 views

Why would someone feel compelled to self-represent in court?

As someone who is aware of instances where individuals choose to self-represent, I know that I am way out of my depth to represent myself should I find myself in need of legal services. However, for ...
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1answer
106 views

Canadian Equivalent to 18 USC 1831/1832/1837?

I was wondering if any of you know the closest act/statute that is equivalent to 18 USC 1831/1832/1837? These sections all relate to the theft of trade secrets and in the US, it is considered to be a ...
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1answer
131 views

Under these circumstances, can a company be sued for the actions of an employee?

I should clarify a little bit: assuming that 1) the employee went against company policy and did something illegal at work,2) the company was alerted to these actions (though the employee was unable ...
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30 views

Is award of attorney fees and legal costs in U.S. deterministic?

There's a large space I will call "medium claims" in which lawyers are required for a plaintiff to seek judicial remedies, but the cost of litigation vs. the potential recovery leaves too much ...
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1answer
3k views

Differences between Detinue, Conversion, and Trespass to Chattel in U.S. law

In U.S. law do practical distinctions exist between the torts of detinue, conversion (by detention), and trespass to chattels? In particular, is it conceivable that each of those torts could be named ...
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3answers
180 views

Is it criminal to take evasive actions to avoid paying a civil judgment?

If a lawsuit goes against the defendant and a judgment is rendered against the defendant, is it a criminal act for the defendant to then start hiding their assets or taking deliberate steps to evade ...
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2answers
56 views

Legal standards for seizing a house to satisfy a civil judgement

I know that for relatively small amounts of money a civil lien will just sit on a house and there is nothing else the lienholder can do. However, at some point of value, it must be possible to sieze ...
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1answer
68 views

Please explain Linehan I factors to a lay person

I see "Linehan I factors" mentioned in some civil commitment decisions published on-line e.g. this one from Minessota. Can someone explain where they come from and what their status is in US law? From ...
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3answers
152 views

Liability from unsecured wireless hotspot for security testing

Lets say I have created an "Offensive" security system. It runs on my own private network on my laptop any where I go. My private network has a wireless access point called "Malicious Wifi" and it is ...
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2answers
142 views

Have the CDC and NIH ever been sued for lack of attention to African American and Native American mortality?

Have the Center for Disease Control and the National Institute of Health ever been sued for ignoring the low life expectancy of African Americans and Native Americans, or sued to force the agencies to ...
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3answers
379 views

Are there legal grounds for seeking pre-emptory dismissal of retaliatory law suits?

In some cases, a defendant in a civil law suit will retaliate against the plaintiff by filing a counter law suit, often of a dubious or spurious nature. For example, recently a photographer sued one ...
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1answer
114 views

How do we claim the estate of someone who died under a different name in a different country?

The father of my wife (from Germany) died in London 10 years ago, with a different name, but with the same family name (for example was born in Germany with the name Johannes Doe, and in London died ...