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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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1answer
27 views

Title VII of 1991

what is the protection requirement of Title VII of 1991 the plaintiff must follow to successfully file an action? I already included the time limit .
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35 views

Animal Right Case

Two years ago a groomer killed my dog then lied and said he had a heart attack but, when a tv reporter confront her with Sparky's Necropsy she confessed to her lie. Sparky's cause of death was ...
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965 views

To what extent can mental illness create a defence or mitigation against liability in a civil case?

I'm thinking here of both UK and US law, which I assume will differ. Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
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52 views

Co-Owned Property Rights

I'm a co-owner of some commercial property in Louisiana. One of the co-owners wants to rent out part of the property; however, I don't agree with the terms. Apparently he has already granted access ...
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3answers
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What are some possible law suits or civil actions the Las Vegas shooting victims could take?

I assume that many, if not all of the businesses, corporations and individuals who were operating and supplying services at the time of the Las Vegas Strip shootings (Wikipedia) - such as hotels, ...
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1answer
343 views

What does it mean for O.J. Simpson to be found “liable for their deaths”?

In the "trial of the century", O.J. Simpson was found not guilty of murder of his ex-wife Nicole Brown and her husband Ron Goldman. However, he was later found in civil court to be "liable for their ...
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1answer
90 views

Does a parent have any heightened duty of care to a grown child?

In the US, does a parent have any heightened duty of care to a grown child than that of an adult stranger to another adult?
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2answers
1k views

What is an affidavit for a court case?

I am supposed to give a statement and was told I would have to sign an affidavit.
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1answer
62 views

Not enough time to oppose a motion

I have a divorce ruling from 4 years ago (30+ year marriage) which has granted me maintenance based on my ex's income. He has recently decided to retire and filed a motion to modify and/or remove this ...
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1answer
562 views

NOTICE TO DEFENDANTS ABS-CBN Corporation, et al. v. Cinesilip.net, et al

My computer was showing some-pop that your computer is infected call on this number etc.. which is scam I know that but a few days back I was reading an article on domains and hosting and I click on ...
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1answer
148 views

High value domain taken by registrar

I registered a domain name with a large domain registrar. The domain is very unique. The transaction went through. My credit card was billed. I received an invoice. I set up the domain with my ...
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0answers
76 views

Intellectual Property of creating an app version of a board game

I was reading a copyright issue with an individual developer who is not making any money with his free version of catan vs catan's legal team. Source: https://boardgamegeek.com/thread/629104/...
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1answer
270 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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75 views

My friend's dog attacked my car on their property. Who will be responsible for damages?

I went to my friends house. The dog was nice when i got there. When i left, the dog decided to attack my car and he bit the rear end of the vehicle. Who will be responsible for the damages? My ...
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1answer
2k views

How does Seth MacFarlane get away with defamatory commentary?

How does Seth MacFarlane/Family Guy/Fox get away with defamatory words/depictions that harm the reputation of brands/companies/logos/mascots/characters/real people? Or, do they get sued a lot and ...
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1answer
90 views

Who owns a video recording of a sporting event?

A colleague of mine recorded an sporting event on his mobile phone. He then forwarded the video to me. I entered the video in a competition on a television program. The video won and the prize is $...
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2answers
672 views

What liability might be incurred for exposing truth in private matters

Here's a hypothetical: Suppose person A is married, and person B is married. But Person A has an online intimate relationship on an online service with Person B. Both persons conceal the relationship ...
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1answer
829 views

After being pardoned, can one be forced to testify in civil and criminal cases?

After being pardoned, can one be forced to testify in civil and criminal cases with no protection against self-incrimination? My example is how Trump has pardoned former Arizona sheriff Joe Arpaio; ...
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1answer
478 views

How to dismiss (an improperly filed) motion? Objection or a Motion Prior?

I have a hearing coming up where there is a "motion to dismiss" filed by the other party. It is quite apparent the motion has been filed incorrectly (missing very specific paperwork) according to the ...
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2answers
57 views

latin expressions in jurisprudence

I'm from Austria, which is a german speaking country. In the german language, in jurisprudence, we have lots of latin terms / expressions, because latin expressions seem to be more exact. Is this ...
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1answer
5k views

What is the difference between Common Law and Civil Law in the U.S.?

Is there a difference between Common Law and Civil Law in the U.S., and if so, what is it?
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1answer
58 views

How is parental authority, as opposed to physical custody or visitation, enforced under the Hague Convention (28)?

Under the Hague Convention (28), can parents request assistance securing Rights of Custody under Article 21's provision for assistance securing Rights of Access? It seems "non-sequitor" that parents ...
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1answer
98 views

Car Sold Without Title Transfer, Tickets Fined to Titled Owner

John sold a car about a year ago in cash, but a title transfer did not take place. A year later, it turns out the person who bought the car, Steve, was receiving car tickets, and now the car is ...
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1answer
342 views

How is discrimination by an employer litigated in the United Stats?

Assume that the complainant has sufficient proof of racial discrimination in their workplace, and wishes to have it investigated. What is the regular course of action in such case in the United ...
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1answer
277 views

Threat of fines in excess of allowable law, PA State Constitution, and US Constitution

Background: I own a historic building in a small town in Pennsylvania. My property as well as the house behind it and others were cited as significant historical properties as examples that allowed ...
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1answer
3k views

Confiscation of cellphones in public schools

School started today. I'm just reading the code of conduct about cell phone usage. It states that on first violation of the policy the device will be confiscated and held until a parent (me) comes to ...
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1answer
108 views

Do I still have full custody of my child?

Before my girlfriend and I were married we had a child and then separated 1.5 years later due to reasons that are irrelevant to the question. We went to court and I was granted full custody of our ...
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2answers
420 views

What legal consequences could an employee face who sabotages a company website?

A disgruntled employee who left our company a few weeks ago linked an external file that edits the DOM of our website for people who are not logged in and not on our IP Address (which prevented us ...
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1answer
67 views

Hypothetical Complex Litigation appeal and discovery

Single plaintiff sues 4 defendants in federal court for federal rights, federal statutes and related state claims. Defendant 1 is federal and state claims. Defendant 2 is federal and state claims. ...
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1answer
1k views

Civil Prosecution for theft

I stole $50,000 from my employer over a 14 month period. They found out and terminated me. I scraped together $50,000 and gave them a cashier's check today. I was told by someone in the company ...
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2answers
79 views

What percentages of the dispute value are typical in deals?

Let's say A takes B to court claiming that B should pay x dollars to A. Instead of going through long proceedings (with high attorney costs accumulating) with somewhat unpredictable result, the ...
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3answers
368 views

What are the consequences of failing to pay a citation for expired vehicle registration in Washington?

What can happen? A license suspension, or the involvement of debt collection agencies?
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1answer
414 views

If a home is burglarized, and police obtain the stolen goods via civil asset forfeiture, are they required to return them?

Through Civil Asset Forfeiture, the police can seize any property they think was involved in a crime, and use that property for pretty much any purpose they wish, including parties etc. Suppose ...
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2answers
602 views

When is making and selling “snake oil” illegal?

There's an interesting story in the news lately about a company selling "Bio-frequency healing" stickers, made from "the same material used in NASA space-suits", that supposedly heal us using some ...
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1answer
349 views

Does Canada have a less litigious culture than the United States?

I have an anecdotal question about the legal culture in Canada that is based on a personal observation of mine and may not be answerable here definitively. But here goes: Last summer my family and I ...
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1answer
67 views

Possibility for class-action suit due to property overtaxation?

This is a hypothetical question. I am in SC and we pay annual property tax on vehicles. I have been arguing with the county auditor about the valuation of my car, which is $10,000 over the actual ...
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1answer
41 views

Suing for time and transportation costs

In the case of selling goods on classified ads (particularly in the US on websites like Craigslist), can someone bring a lawsuit for lost time and cost of transportation if the described items are ...
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1answer
110 views

Where can I get example injunctions for inclusion in a pleading?

In legal guide books on making civil pleadings, they give example forms for the pleading itself, but they just say that the attorney should "include a sample injunction", but they don't give any ...
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3answers
275 views

Is 'You the Jury' TV show really legal?

Recently I saw an ad for a new reality TV show on FOX called "You the Jury". On Thursday, the network announced "You the Jury," a new prime-time, unscripted reality show that allows the audience ...
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1answer
134 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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2answers
374 views

Can the “agent's immunity rule” apply to individual principals too?

Under the agent's immunity rule, an agent is not liable for conspiring with the principal when the agent is acting in an official capacity on behalf of the principal. (Applied Equipment Corp. v. ...
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3answers
3k views

As the borrower, can I prevent my loan guarantor/co-signer from being released from the guarantee?

Inspired by the question My co-borrower wants her name removed from a 5 year mortgage contract : Assume I am the debtor of a loan, and someone else agreed to guarantee/co-sign the loan for me. If ...
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1answer
120 views

Does paying a fee, even under protest, waive all right to contest its assessment?

If a government charges taxes or fees for a service, that a citizen believe it is not allowed to charge, and the citizen protests but pays the fee pending judicial review in order to mitigate damages, ...
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2answers
512 views

Increase in civil award damages in 1980s?

It seems that there was a large increase in civil awards around 1980. Piper Aircraft went bankrupt in 1991 after a decade of fighting lawsuits. In 1975, there were 20 makers of football helmets. By ...
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2answers
245 views

Does Title VII prevent employers from diversifying their workplace by refusing to hire people who aren't of a specific ethnic minority?

Can a private university announce that they are going to hire two new employees for a teaching department and require that they are of a certain ethnicity? I know of an educational institution that ...
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2answers
124 views

Is it lawful to keep a user from updating one's own content on Stack Exchange?

I have been banned for asking to many questions on Physics Stack Exchange for 1 year. During this time I am not allowed to revise or update my published work. I have asked that my work be invisible ...
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1answer
1k views

Can Chelsea Manning be sued in civil court by anyone named in the documents that were leaked?

Since Chelsea Manning's name is in the news, the following question seems interesting: Manning leaked a large set of documents Some of them could have clearly had a negative effect on specific ...
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2answers
339 views

Signal violation in vehicle not owned by driver

Guy runs a red light in a vehicle he doesn't own. Owner gets all the information and a slip to identify the driver. Can the owner just send a letter like this and have the violation(s) dropped: I, ...
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1answer
203 views

What's my entitlement if prize not received

Let's say I pay money to enter a raffle (assuming raffle is legal as I understand it may not be legal in all states) and win the raffle. The prize is either an item of value or the value of the ...
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1answer
104 views

Use of “evidence” like ISP metadata in divorce cases in Australia

There have been mentions in Australian news recently that internet "metadata" which was ostensibly collected for national security purposes may be made available for civil cases (abc.net.au). People's ...