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
142 views

Bar Admissions Geography

New York Judiciary Law § 478 makes it illegal to practice law in New York state. I imagine that there is some law defining what constitutes practicing "in" the state, and that questions probably ...
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59 views

Is there a difference on conspiracy law in most first world nations? [closed]

Newbie here, describing a situation - Let's say more than one member/director of a company attempts to take over chairmanship by illegally influencing, threatening etc. and the coup becomes known and ...
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1answer
61 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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126 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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INDIA: Are Practising Company Secretaries able to act as public notaries in some cases?

The question is brought about by the case, for which we got a document from India on the status of a company. The document was certified by a practising company secretary. The practising company ...
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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 ...
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1answer
328 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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172 views

Tort of civil conspiracy

In Canada, the tort of civil unlawful conspiracy is laid out as follows: Two or more people acted in concert, by agreement, or with a common design or intention; The co-conspirators engaged in ...
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2answers
194 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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276 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 ...
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1answer
4k views

Why did double jeopardy not apply in the O.J. case?

On 1995 O.J. was found not guilty in the famous murder case. This was in criminal court and after that he was tried for the same thing in civil court - except this time it was called wrongful death ...
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61 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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173 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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67 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 ...
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103 views

How can courts resolve logical paradoxes?

I was discussing OXY USA Inc. v. Schell with a friend, and he came up with this puzzle: Supposing Company A is facing a lawsuit, has received a judgment against them in a district court, and has ...
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1answer
85 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 ...
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283 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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2answers
277 views

Can a court be a party in a civil lawsuit?

Can a State or Federal court in the U.S. be a party in a civil lawsuit? I mean lawsuits completely unrelated to cases heard or adjudicated by the court, such as: A suit filed by a fired employee (e.g....
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1answer
969 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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222 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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33 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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806 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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3answers
344 views

Sue a university for armed robbery

My friend was robbed the other day on university campus at night. He lost his laptop and his mobile phone. So, all of his work is now gone. He is having a mental breakdown at the moment. So, I want ...
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0answers
143 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 ...
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179 views

Can I sue a company in US even if I'm in Brazil?

I currently live in Brazil and bought a Lifetime VPN service from a company called Spyproof VPN in 13 Oct 2015 which supposedly does not keep logs. After investigating some more, I found out that the ...
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1answer
90 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 ...
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210 views

How are the interests of civil and criminal justice served when in conflict?

Tom made an interesting observation: It is very common to have a civil lawsuit brought that implicates criminal laws, but not have the criminal violations be charged. For example, if you steal ...
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2answers
1k views

Why does the 7th amendment not apply in traffic cases?

In my city (Lansing, Michigan), and apparently in many other cities, you are not allowed trial by jury for traffic violations. This seems to be in direct contradiction to the 7th amendment. Is there ...
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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?
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1answer
112 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
345 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 ...
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1answer
152 views

Do non-citizens in France need a notary or lawyer to draft a will?

I am looking legal information that applies to "Next of Kin" and wills in France: My clients are an unmarried couple who are living in France; they are not French citizens. They have a current issue ...
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0answers
311 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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1answer
95 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
94 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
1k views

What are consequences for defendant failing to meet orders of civil court?

I read that a civil court judge may order that a defendant, for example, pay damages; or, another example, provide particulars relevant to the pre-trial pleadings. But what if they don't comply? ...
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3answers
168 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
268 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 ...
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1answer
43 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 ...
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2answers
335 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 ...
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320 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. ...
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3answers
7k 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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1answer
4k views

Police not accepting “Signature Forgery” report only because in the past we have signed some other authentic papers with perpetrator

One company made us sign Application Form and then they forged our signature on "extension contract" that we never had a chance to see. This forged contract is very disadvantageous to us. Today we ...
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1answer
47 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
233 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
505 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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1answer
326 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.
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1k 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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3answers
109 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
11k views

Can suits be filed in small claims courts from overseas?

I often see freelancers suggesting to other freelancers to use the small claim courts to get paid when the client is in another country. Already with the small claim court, there's a maximum amount ...