Questions tagged [common-law]
For questions regarding English common law, or legal systems based on judge-made law descended from it.
279
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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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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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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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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 ...
user2822
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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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4
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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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0
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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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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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3
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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 ...
- 21.1k
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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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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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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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11
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3
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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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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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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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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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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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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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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 ...
user566
8
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2
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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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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 ...
user543
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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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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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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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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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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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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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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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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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