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
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 ...
4
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1answer
218 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
119 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
355 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
349 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
100 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
101 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
173 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
288 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 ...
4
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2answers
336 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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2answers
333 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
8k 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
5k 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 ...
2
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1answer
49 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?
3
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1answer
241 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
556 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. ...
5
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1answer
336 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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2answers
2k 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
125 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
12k 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 ...
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2answers
114 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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1answer
72 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 ...
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2answers
319 views

What are the circumstances that require disclosure of an old legal name, when the name change case has been sealed?

I've previously had my name changed in a district court in the state of Utah. The case was filed as an adult name change and the case itself was order sealed by the judge who heard it. All of my ...
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0answers
89 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?
4
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1answer
564 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?
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1answer
7k 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 ...
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2answers
307 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 ...
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2answers
323 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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1answer
75 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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0answers
162 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 ...
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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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5answers
7k views

Can I sue an appraiser for assigning a low value to my property?

Due to the low value assigned to my home by an appraiser, I didn't get a loan and it did cost money. However, when I went to another bank, two new appraisers gave a higher value and I was able to ...
4
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2answers
382 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 ...
6
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2answers
696 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 ) ...
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
242 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 ...
3
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1answer
695 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 ...
5
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1answer
631 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 ...
4
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1answer
89 views

Recording a phone conversation with customer support/sales

I understand the law about private communications in person and over the phone not allowing recording. However, in cases where a consumer records a conversation between him and a company offering them ...
5
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0answers
435 views

Usage-Based Insurance Devices (Like Progressive's Snapshot) - Evidence of Liability and Public Policy

In the United States, the biggest auto insurance carriers such as Progressive, Allstate and State Farm, have all begun offering optional potential policy discounts if the covered driver agrees to ...
4
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1answer
767 views

Can I keep my last name if I get married?

Can I keep my last name the same if I get married? I don't want to hyphenate it either. Is this possible? Is it a MUST that I change or hyphenate it? I am in New York City, New York.
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2answers
17k views

Did Zoey Tur assault Ben Shapiro?

Alleged Facts On this video (at time marker 5:32-5:36), Ben Shapiro alleges Zoey Tur committed the crime/s (and/or tort/s) of assault and/or battery against Shapiro. (I believe) the incident occurred ...

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