Questions tagged [common-law]

For questions regarding English common law, or legal systems based on judge-made law descended from it.

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4answers
80 views

Do single-party binding pledges exist in common-law jurisdictions?

I have recently been asked to make a pledge to take actions in the future and I would like to have a legally binding and enforceable document to bind me to this pledge. Is there a means under U.S. ...
2
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0answers
92 views

How did marriage certification deviate away from the older idea of common law marriage?

I'm seeking to better understand the history of how marriage licenses came about, and specifically, the transition from cohabitation and public announcement of the marriage to requiring a literal ...
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3answers
197 views

What happens to court precedent after a constitutional amendment?

What happens to the precedent (or whatever their interpretation is called) of the judicial branch when a constitution (like in the USA), is amended? Like, if a constitution said some meats were ...
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2answers
356 views

What governs the common law marriage status of polyamorous marriages?

When common law marriages are enforceable, in a situation where three or more individuals live together as a "married" romantic group, what determines the married or unmarried status of the ...
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3answers
1k views

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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3answers
335 views

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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1answer
175 views

Assault in an airplane aisle

Consider the following scenario: A, B, and C are passengers on a single-aisle commercial airplane that is disembarking in New York. A is blocking B from passing. A makes way for C to pass, but C ...
2
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1answer
174 views

I think I'm being unfairly punished in my workplace - do I have legal recourse?

I have suffered what I think is unreasonable, prejudiced punishment at my (industrial) job. Is there any legal recourse for me to defend against this? I'm in Manitoba, Canada. My superior is unfairly ...
2
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1answer
86 views

Does intent affect whether or not repudiation or fundamental breach has occurred?

Consider the case of nonpayment under a very simple contract, where the only promise made is that Person A will perform and deliver some specific work, and Business B will pay them a stated amount for ...
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2answers
42 views

Is the modification / removal of service by a private organization during the term of service illegal?

Suppose an organization have advertised to provide multiple services throughout the course of a year. Each service is sequential, one begins as the previous ends. The organization has advertised that ...
3
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1answer
103 views

Arizona Common Law Marriage and Kids

In Arizona, Common Law Marriage is not recognized. I heard if a couple has a common law marriage and has kids, if the man dies without a will, the kids/wife don't end up inheriting his possessions. ...
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0answers
111 views

Possible consequences of bugging in game

Is it possible to suffer any consequences for the using bugs or programs that use these bugs, in multiplayer game where enter usually 20 - 60 players at the same time? Headquarter of the company is in ...
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2answers
126 views

Do courts in a common law system ever make decisions about law without a presented case?

In the United States, the Supreme Court does not make a decision about the validity of a law without a specific case presented to them. Are there any examples of common law systems in which a court is ...
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1answer
171 views

Can court enforce an implied contract?

We developed a demo for a client, who after the last meeting went silent and elusive claiming to be busy at our every request. After a year he launched the new website which was a copy and paste of ...
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0answers
495 views

How are damages calculated for intentional torts of assault and outrage?

Intentional torts like assault and outrage (a.k.a. infliction of emotional distress), or for that matter, dignitary torts (e.g., invasion of privacy, or alienation of affection) don't have readily ...
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2answers
58 views

Is “accusing one liable to offence” indirectly libel?

Suppose there are three people, A, B, and C. A and B has a personal dispute, all parties know each other, and on one day, B's private chat group was attacked and destroyed by an unknown person, whose ...
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2answers
174 views

When can punching be legal?

My neighbor kissed my wife. I was pissed and wanted to punch him in his face. But I was able to suppress my anger. If I did punch him, would that be okay? I saw people punch one another over this in ...
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2answers
202 views

In English Law, official guidance can state “minor” matters exempt from a statutory requirement — but on what authority?

I just noticed an oddity in some legal guidance published by the UK Government. The Party Wall Act states that certain works are covered by its requirements, including the requirement to give notice. ...
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2answers
148 views

Common law ancestors/relatives and citations/precedents

This is a continuation of an existing question: Is there one body of common law? Now, referring to an article on NPR: On Libel And The Law, U.S. And U.K. Go Separate Ways, it is stated by the ...
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1answer
116 views

Using a celebrities likeness in a small game - what are the legal issues surrounding this?

A friend and I are currently brainstorming ideas for a little game project we have in a few weeks and one of the ideas involves using two currently alive celebrities as the protagonists. The game ...
2
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2answers
146 views

Good Samaritan / Bad Samaritan

While I know that in common law countries there's no legal requirement to provide assistance, is there any liability for failing to do so once you've volunteered to? I'm interested both in a general ...
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1answer
116 views

Consensus-Criminal Justice

How is it possible to have a consensus about what should or should not be legal in a country with several hundred million people from all races, religions, and walks of life?
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3answers
169 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
2k views

Meaning of “Stat.” in legal citation

What exactly does "Stat." mean in law citations? I am a student studying history who came across the Dawes Severalty Act of 1887. I noticed that the original law is referred to as follows: Feb. 8, ...
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4answers
127k views

How to prove I live in a specific address?

https://www.flhsmv.gov/ddl/address.html I need to provide proof of address for the DMV, but the process can be difficult because: I live with someone else; I do not pay rent/utilities; and they will ...
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1answer
7k views

What is a contract and what is required for them to be valid?

What is a contract? What elements are required for validity?
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2answers
42 views

Refunding received package [AUS laws]

I recently bought something off the internet and it didn't come within the time they said which was 7 days, and neither did it come within 30 days so I placed a Paypal refund dispute and the money was ...
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1answer
48 views

President's commission report as a legal source?

The Supreme Court's opinion in Bartnicki v Vopper quotes the President's Commission on Law Enforcement and Administration of Justice for the statement: In a democratic society privacy of ...
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1answer
463 views

Can a fugitive make a pleading?

Can a fugitive make a pleading in court to quash the warrant for their arrest? For example, let's imagine a warrant has been issued for the arrest of some person who is nowhere to be found, but ...
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2answers
777 views

Legal Term for Signing A Document That is Believed To Be Untrue

Is there a term in Law for when someone signs a document as true when said individual is under the belief that the contents of the document are untrue? For example, if I was asked to sign a document ...
3
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1answer
190 views

How deterministic are modern legal systems?

I am a software engineer trying to understand how judges make decisions in lawsuits. In computer and other sciences there is a concept of deterministic system: In mathematics and physics, a ...
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3answers
241 views

Tort - standard of care

My question is to do with the case Nettleship v Weston - I am having trouble agreeing with Denning's judgement in that a learner driver is required to drive the standard of a reasonably competent ...
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3answers
383 views

Why it's legal to tip waiter and not a doctor?

Waiters and a wide range of other services industry employees are often tipped for their good work and as a sign of gratitude. Why when a teacher or a doctor is being tipped, it counts as bribery and ...
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1answer
104 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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1answer
149 views

Legal action that can be taken by nannies?

If the child being watched (9-10 years old) by a nanny frequently physically attacks the nanny, sometimes causing severe pain, can the nanny take any form of legal action? The nanny in question is a ...
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3answers
2k views

What is the minimum speed limit?

I was wondering if there was a minimum speed limit? I.e. if the speed limit is for example 60, is there a limit to how slow I can go before it counts as breaking the road rules? Is it relative to each ...
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2answers
450 views

What contracts/agreements bind me to my 'Strawman' in the U.S.?

Is it the birth certificate, voter's registration, social security, or more? What common binding of contracts or agreements, in this free country, allows one sovereign (the state) to assume authority ...
2
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1answer
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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2answers
2k views

How do I interpret a court judgement? What does it mean?

So I've figured out how to read a case citation and find the text of the judgement - maybe using some of the online resources. As a novice, I'm trying to decide when the judgement actually applies. ...
3
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1answer
240 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 ...
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0answers
76 views

Automating online job application systems (applicant tracking software) is legal?

Application tracking software or job application software is annoying most of the time. They ask you to fill out loads of information along with your resume, even if your resume has most of it. People ...
5
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1answer
629 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 ...
3
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1answer
1k views

If a petition is dismissed without prejudice can it be refiled?

If the rules and laws of a court allow a party to bring a petition, and that petition is dismissed with an explanation but with no mention of "prejudice," can the petitioner refile what is ...
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9answers
4k views

What distinguishes adverse possession from theft?

I understand that, in the United States, adverse possession is a legal (but very rare) way to take ownership of someone else's real property against their will. What I don't understand is how this is ...
12
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1answer
3k views

Is an implied physical threat via looming over someone legal?

Lets say that two individuals approach another person and start asking him questions or ask him to do something (for instance leave an area). They do not make any explicit verbal threats. However, ...
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1answer
1k views

How are the precepts of common law known? Is common law written?

The first paragraph of the Wikipedia article on common law: Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals that ...
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3answers
1k views

Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as ...
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4answers
4k views

Can someone more wealthy than me bury me in legal fees?

USA Federal Law - I have a company worth about $6m. I got on the bad side of a person with a company worth well over $750m (with attorneys on staff). The CEO threatened to bury me in an endless sea ...
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2answers
244 views

Can a bailiff seize items belonging to a debtor's spouse or children when executing a writ of seizure?

When a writ of seizure and sale is executed against a debtor, how does the bailiff establish ownership of items that could be co-owned or bought by other family members staying in the residence. Do ...
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2answers
531 views

What statutes constrain an insurance provider's treatment of suicide?

Many insurance companies have explicit suicide clauses: exclusions that allow the company to deny benefits to the policy holder's estate. Essentially, suicide voids the benefits policy. What ...