All Questions
Tagged with legal-concepts civil-law
7 questions
1
vote
1
answer
610
views
Is it illegal to threaten to present criminal charges in a civil lawsuit?
New Jersey Rule of Professional Conduct 3.4(g) provides that an attorney “shall not … present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a ...
- 601
38
votes
3
answers
9k
views
Is it a real legal principle that any ambiguity in a contract is interpreted to the benefit of the side that did not write the contract?
I have heard that there is a legal principle where any ambiguity in the contract is interpreted to the benefit of the side that did not draw up or suggest the contract text. This was presented to me ...
3
votes
2
answers
227
views
Strict liabilty
In a Civil Law legal system there is a distinction made.
Proper Strict Liability which is plainly Strict Liability as used in the English Language (guiltless liability/ liability regardless of guilt ...
- 250
3
votes
1
answer
1k
views
If a law doesn't exist prohibiting something, does that mean it's legal to do?
My question about is how does the law work in general. If someone does something, and no one can find a law that is being broken, then is the person free to do that thing? Or must a law give ...
- 129
2
votes
2
answers
8k
views
why is a person allowed to lie in court and get away with it?
In a court of law, the defendant can tell as much lies as she wants in order to vindicate herself of the charges. But if the court finds them guilty, the false explanations that the person had given ...
- 131
2
votes
2
answers
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 ...
- 217
4
votes
1
answer
356
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 ...
- 22.1k