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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2answers
166 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
192 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 ...
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2answers
158 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
129 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
198 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
137k 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
9k 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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44 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
50 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
539 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
1k 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 ...
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1answer
226 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
246 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
594 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
153 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
152 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
523 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 ...
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1answer
214 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. ...
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1answer
329 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
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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 ...
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1answer
1k 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 ...
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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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10answers
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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 ...
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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
276 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
618 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 ...
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0answers
62 views

Condonation of Delay petition

How do I write a condonation of delay petition on a land issue to Revenue divisional officer? Is there any rule that only lawyer should write this condonation of delay petition? If not please ...
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1answer
130 views

Is there a legal analogy of a publisher for physical things

Background Long and complex story short, we're essentially building a legal & software framework for self-organizing 'ad-hoc' organizations. It seems like some set of our issues could be solved ...
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2answers
536 views

Pay electricity bill after being evicted on no contract?

I moved into a house and started paying rent of $110 per week however I was unaware that none of the other tenants (and hence myself) were on a contract so we were essentially squatters. The ...
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2answers
315 views

Can a company handle paying taxes and other bureaucracy work for a freelancer

Pardon my terminology. I'm very much not a lawyer, but I used to watch Ally McBeal as a kid, so I think I got the hang of this. This is actually a subset of a vastly larger problem, so the ...
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2answers
567 views

Can US courts be made to define whether a given search is reasonable (i.e. constitutional)?

In 2014, regarding the forced disclosure of the encryption keys of his email service provider company Lavabit, Ladar Levison wrote: The largest technological question we raised in our appeal (which ...
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3answers
6k views

How is the “permanent deprivation” element of theft proven in practice?

I never gave this much thought until I saw a prosecutor and then a judge dismiss charges of theft because it would be impossible to prove the accused intended to deprive the owner of the property ...
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3answers
1k views

How can a court avoid creating precedent?

There are a number of ways in which a judge may avoid following precedent – overturning or distinguishing a previous ruling, for instance. However, is there any way for a court (particularly a ...
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1answer
102 views

Does expected value bear upon the calculation of compensatory damages?

Suppose I am given a lottery ticket. This ticket has a 1 in 1000 chance of winning me one million dollars, and will otherwise be worth nothing. Before I can see whether I've won, some guy comes along ...
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2answers
3k views

Lawyer made a key decision without consulting me. Is this normal?

While this case is happening to a relative of mine rather than myself, I will speak in first person for the sake of simplicity. I had a medical procedure performed by a licensed doctor (Dr. A). This ...
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1answer
168 views

Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?

Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment. Is the law still confined to an 'unjust factors' approach as ...
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2answers
378 views

Legal definitions in the United States

When trying to learn about and understand law, one of the most important aspects of it is the legal definition of a word. Is there a source in which the courts refer to when looking to define a word? ...
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3answers
2k views

What is stare decisis?

I know in general that stare decisis effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it ...
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3answers
1k views

Has a common law defence ever held water?

The UK is a common law country. It is a widely held belief of many people that statute Acts of parliament (i.e. most 'laws') only apply with the "consent of the governed"; and that one may be a "free ...

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