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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554 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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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
139 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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530 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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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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131 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
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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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461 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
344 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
127 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 ...
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244 views

Is it possible to end up in prison due to failure to appear in court for a civil matter?

This is a question about the law in USA, and is regarding civil cases. This question is only regarding cases where a civilian, or a non-governmental organization, has sued another civilian. With this ...
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1answer
117 views

Tenant Law - Pay full rent for one day over 30-day notice?

I've been skimming over this trying to find if a landlord can demand rent for me staying a day over my 30 day notice. Specifically because the landlord is out of town that day. Can a landlord demand ...
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204 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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61 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
75 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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153 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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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
468 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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201 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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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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344 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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8k 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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71 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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212 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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79 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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151 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
100 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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339 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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332 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
1k 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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1answer
240 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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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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1k 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
411 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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160 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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264 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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37k views

Received a sticker on my car window on a private company car park

Quick story: I parked in my company car park (so I guess its private land), in a place where 'the bay is not marked'. I see many people parking in the same spot, and never have I seen a sticker on ...
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1answer
104 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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1answer
267 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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2k 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
146 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
410 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
164 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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574 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
128 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
103 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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2k 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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208 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
381 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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