Questions tagged [civil-legal-system]

Civil law is a legal system based on a codified set of principles that serve as the primary source of law. Not to be confused with [civil law] claims, which will often fall under [common-law].

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Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
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Liability and Responsibility what is the importance of the distinction in common Law

In Civil Law( legal system) there is no distinction between Liability and Responsibility. One can only seek(judicially) the cessation of an illegal act if they have suffered damages. One can only ...
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Legal obligation to be represented by a lawyer registered in the local bar. human value and personal freedom

In Greece people are usually required by law to be represented by a lawyer in courts. In Private Law the sanction is fictitious default( the litigant may be there but the judge is supposed to ...
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Bank manager withdrew funds from my account without my authority can I sue her and the bank

I deposited a large cashiers check payable to myself into my account this morning. I tried to buy eyeglasses but I only had $100.00 available in my account. I called the bank and the Mgr clms there’s ...
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Hotel charged me for damages, claimed I smoked in the room UK

I was going over my expenses and found a £200 charge from a hotel I stayed at over a month ago. I called to ask why, and they said that there was a "smell of smoke" and they "found something in the ...
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What is Legal Theory? I am asking for its concept, its definition by some Oxbridge or Ivy League Legal Dictionary

People talk about Legal Theory and I do not understand what it is. The Theory Part. In Physics, Chemisty, Geology, Economy, Sociology... Theory is an explanation of a phenomenon( why it occurs and ...
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662 views

What's the difference between inquisitorial and adversarial systems?

This question was inspired by this answer while trying to learn the difference between common and civil law. Two questions: What's the difference between an inquisitorial system and an adversarial ...
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Discovery questionaire in Fed Civ case

When both parties in a Federal Civil matter state they do not want a Magistrate Judge deciding the case, is that Magistrate still allowed to render an opinion? Additionally, is the Asst. U.S. Attorney ...
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81 views

Cutting grass of vacant house next to me

Am I able to send the city a bill for cutting the grass of the vacant house next to me? It's been condemned and was supposed to be torn down last June. I can't let the grass get too high because it ...
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Suing a Cellular Company that Charged Me for Years Without My Knowledge

I am planning to sue a cellular company for charging me (for two phone numbers) for 10 years after a cutoff request. I contacted the company, and they admitted to wrongly charging me but only for one ...
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623 views

Is everything legal for me due to psychiatric reasons? [closed]

I witness that I did some things which are considered a rave by most people (and most psychiatrists): fought with aliens, was transformed for a period of time into a superman able to tear steel and ...
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it's not against the constitution to arrest a pregnant woman in Bolivia

In Bolivia my liberal party is about to make it illegal to arrest an pregnant woman and I am wondering if this goes against the portion of our Constitution that talks about equity before the law. Can ...
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Parking rules in associations

I live in a condo association, i have 2 parking spaces that came assigned with the property, im an owner. if I want a friend, neighbor, anyone to park in any of my parking spaces, lets say because im ...
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Any solid research on error rate of criminal conviction system: jury vs judges?

To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly ...
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Does the law provide for any defense or help for defense in civil family cases?

A man and woman who are not married have a baby. During the pregnancy the two split up. The woman sues the man for shared custody of the child and he is ordered to pay child support. He regularly ...
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Can a person be compelled to testify against themself in a civil trial?

I read that a key piece of evidence against Bill Cosby in his recent criminal trial was testimony he gave in a deposition in response to a civil suit filed against him by one of his accusers. In the ...
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130 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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Why do legal scholars influence civil codes' interpretation, more than judges?

Source: A Brief Introduction to Law in Canada (2017). p. 39 Top. Publisher uploaded chapters 1-3.   As the foregoing account makes clear, the civil law system has a long and historical evo-lution ...
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Is there legal recourse against revenge defecation?

TL;DR If someone were to maliciously defecate in their roommate's room, perhaps hiding it under their bed or in a drawer, what kind of legal action could their roommate take against them. Background ...
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242 views

Why don't Nordic countries have codes of private law?

I'm aware that there are some major differences between Scandinavian law systems and other European systems, e.g., the fact that Roman Law had very little influence in Scandinavian countries. But why ...
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Apostille document for from non-apostille countries

I am an indonesian marrying a Mauritian. The marriage will take place in Mauritius. To obtain my residence permit, they are asking for: Full Birth Certificate of applicant duly legalized/...
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262 views

Have there ever been any thought crimes?

Has there ever been anywhere a law criminalizing certain thoughts? The closest I can find is The Treason Act 1351, which is still in force in Britain today. This criminalizes compassing or imagining ...
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Why is a case often decided by more than one instance?

Often times a case is decided by more than one instance. For example, a defendant may lodge an appeal against the judgment given by a trial judge. Where the court of appeal found in favour of the ...
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Can contracts include irrevocable terms of imprisonment for breach?

As noted here: At least in Israel, by agreeing to marry under religious law a person is irrevocably subject to that law's rulings, to the extent that a religious court can sentence one to a term in ...
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55 views

Is there a minimum thresh hold for severity that must be met to take someone to court?

Is there a minimum threshold that must be met in terms of intensity for someone to charge another person with breaking the law? For example, if someone (purposefully) shoved someone as a form of ...
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Which standards prevent laws from naming specific targets?

It seems normative that a law cannot enumerate any specific persons or companies to be included or excluded from its provisions. Imagine: "Violation of this section is punishable by a $100 fine; Joel ...
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120 views

Clause forbidding class action enforcibility

I was reading a contract from a particular large merchant service provider, and found an interesting clause in their developer portal terms & conditions which reads as follows : You agree that ...
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Is it illegal for a family member to withhold/hide the passport of a legal adult, from the rightful owner - in the UK?

If yes, what action should be taken and on what grounds is it classed as illegal? Considering that both individuals are UK citizens, with a passport registered respectively, does it go against the ...
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Are Harvard-style open access policies lawful under civil law?

The open access movement tries to make scholarly articles freely available online, to move away from the traditional model where publishers charge access to the articles. To support this movement, ...
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108 views

Are Asimov's Three Laws of Robotics enshrined in the law of any (inter)national jurisdiction?

The Three Laws are: A robot may not injure a human being or, through inaction, allow a human being to come to harm. A robot must obey the orders given it by human beings except where such ...
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207 views

Exclusive sport fishing easement/profit with no dominant land: nature, alienation, apportionement, term and jurisdiction specifics?

This question is about easements, profits-à-prendre and fundamentals of Property Law.1 I. Suppose you have a riparian land owner (A). By a deed of exchange, they trade to someone (B) an exclusive ...
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What are the main differences between Napoleonic law and Germanic law?

I only recently started appreciating the differences between Civil Law and Common Law. The following map on wikipedia shows the distribution of different legal systems around the world, which ...
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79 views

Joke Website / Funny Website repercussions

I have made a funny site not really trying to be serious, which may involve hitting your head on a wall. I state this is a joke, and not meant to be taken seriously. But I'm just trying to cover my ...
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What are good options for affordable consultations on U.S. law that can be reached from overseas?

I have a U.S. legal problem and would like to know if there are places I could either call or email to get some legal advice relatively cheaply? Unfortunately I am outside of the U.S., so visiting an ...