119
votes
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
Because one is theft and the other is breach of contract
Theft is taking someone’s property with the intent of permanently depriving them of it. It has always been a crime, in fact, it’s a toss up ...
- 147k
74
votes
Accepted
What are some possible law suits or civil actions the Las Vegas shooting victims could take?
You can sue anyone for anything. I will answer these on the assumption that the real question is whether there is a legal basis for such a suit.
1) Could someone open a civil action against the ...
- 129k
74
votes
Accepted
Can I sue a restaurant for serving me meat in vegetarian dish?
An essential component of your contract with them is that they will provide you with food free of animal stuff (the exact nature of "vegan approved" may be up for debate, but actual meat should not be ...
- 156k
63
votes
Can I sue a restaurant for serving me meat in vegetarian dish?
The goal of civil proceedings is to make the injured party whole.
Your damages amount to the cost of the meal that you ordered. You have no other demonstrable, concrete damages. If you were, for ...
57
votes
Would I have a reasonable cause of action to consider suing a science centre for violating disability rights law?
“Maximum conservation”
Museums rarely allow anyone except trained conservators to touch any exhibit. Besides the real risk of physical damage, human skin is covered with a cocktail of bacteria and ...
- 147k
57
votes
Accepted
Would I have a reasonable cause of action to consider suing a science centre for violating disability rights law?
I think there's a reasonable argument to be made. ADA requires reasonable accommodations for disabilities, but there's always going to be a fight over what is reasonable.
What's pretty clear, though,...
- 43.3k
52
votes
Accepted
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?
Contra proferentem
However, it's a principle that is rarely applied in practice since it's at the end of a long line of judicial reasoning that gets applied first.
Ambiguity in contract provisions are ...
- 147k
44
votes
Is there any limit to the rate at which court cases can be filed?
Yes, it's actally happened. Several outfits have filed cases by the hundreds, and they were even literally photocopies.
And it works rather well, until one victim stands up for what's right - and then ...
41
votes
Can a person purposely provoke someone to hit him and then report a crime?
It is legal to insult a person (at least in the US: it's a crime in Indonesia). It is legal to report a crime. It is therefore legal to insult a person and report the ensuing crime. The law assumes ...
- 156k
41
votes
Accepted
I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site
Repeating a defamatory statement is itself defamatory
This is known as the repetition rule and is illustrated in Brown v Bower & Another [2017] EWHC 2637 (QB). In essence, the "local news ...
- 147k
41
votes
Accepted
Law Firm with one lawyer and hundreds of legal experts who haven't passed the bar
A Lawyer may hire paralegals, clerks, secretaries, and other assistants. The lawyer may hire as many as s/he pleases, and assign them whatever tasks s/he chooses.
However, some kinds of documents may ...
- 89.1k
38
votes
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
The question is based on a false premise: stealing from an employee is a criminal act but a breach of ...
- 20.5k
32
votes
Accepted
Equivalent of "illegal" for violating civil law
The term "illegal" is also often used for actions that the law prohibits, but that give rise to civil liability, rather than criminal prosecution. We see such use a lot in questions on Law.SE. One ...
- 89.1k
30
votes
Accepted
Why is stealing from an employer a criminal act when stealing from an employee is a civil act?
What do you mean by "stealing"; this matters, because "stealing" often doesn't have a formal/legal definition (and when it does, it falls under your #2 point above, where the ...
- 8,232
26
votes
Is there any limit to the rate at which court cases can be filed?
There is no limit, per se, but intentional disruption of the courts is regarded as Vexatious Litigation and in some countries (the united-kingdom for example) the court may prohibit a person from ...
- 20.5k
26
votes
Accepted
How does California (CA) have standing in CA vs Activision Blizzard?
A government always has standing to enforce violations of its own laws in its own jurisdiction. The harm to its legally protected interest is its interest in enforcing its own laws. While the forum ...
- 129k
25
votes
Accepted
Can a person purposely provoke someone to hit him and then report a crime?
People hurling abuse at one another and starting fights happens absolutely all the time, especially when drink has been taken, and will be a regular part of police business.
In the UK, potentially ...
- 1,107
24
votes
Accepted
Can I sue Volkswagen for damage to my health?
You can sue anyone you want. But if you are talking about suing VW because they are one of the thousands of entities that contribute to the overall degeneration of our atmospheric quality, then you ...
- 10.9k
24
votes
Equivalent of "illegal" for violating civil law
“Illegal” is not limited to criminal matters
Illegal and unlawful are synonymous and refer to any conduct which is in breach of any law. So:
Murder is illegal and a crime
Stopping in a No Stopping ...
- 147k
21
votes
Accepted
Who is responsible if a customer does not specify location to taxi driver?
It could be the passenger's problem or the taxi's problem
When these sorts of breakdowns in communications happen in specifying contract terms then either or both parties can be at fault.
If the ...
- 147k
20
votes
Accepted
Are there references to generally known public knowledge under U.S. law?
This is called "judicial notice." In federal court, it's covered by Rule 201 of the Federal Rules of Evidence:
(b) Kinds of Facts That May Be Judicially Noticed. The court may judicially ...
- 20.2k
20
votes
Accepted
Can you sue someone for parodying your character?
Definitions
A brand name is not a "character". Neither is a real person, unless that person is being used as a character in a work of fiction. I will answer what I think the question intends....
- 89.1k
19
votes
What did Colorado say in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that Kennedy found to be "neither tolerant or respectful"?
See section II B of the opinion. On page 13:
On July 25, 2014, the Commission met again. This meeting, too, was conducted in public and on the record. On this occasion another commissioner made ...
- 24.6k
19
votes
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?
Is this a real legal principle?
Yes. It is known as the doctrine of contra proferentem. The Restatement (Second) of Contracts at § 206 calls it "interpretation against the draftsman". This ...
- 40.1k
17
votes
Accepted
Can one use a personal injury lawyer when the police won't act?
Bob can certainly "engage" a personal injury lawyer, but it is highly unlikely that they would take the case...
Let's take a look at the facts...
In Texas, you are required to register every ...
- 9,065
17
votes
How do you dispute a large bill for damages?
With that much potentially at stake, you might want to discuss this with a lawyer. many lawyers will do an initial consultation for free or a low charge.
However, you could simply write a letter ...
- 89.1k
16
votes
What can happen if you violate a cease and desist letter?
A cease and desist letter is basically a formal way of them saying, "stop what you are doing, and please don't do it again."
It is not proof of tortious conduct by you, nor is it proof of illegal ...
- 1,006
16
votes
Can a person purposely provoke someone to hit him and then report a crime?
Just broadly speaking, the law doesn't operate in black and white.
If you act in a manner that encourages somebody to strike you (especially with the ultimate intention to get them to do so), that is ...
- 1,006
15
votes
Law Firm with one lawyer and hundreds of legal experts who haven't passed the bar
Some kinds of practices are bottom heavy, with lots of administrative and paralegal staff relative to attorney employees.
Examples including consumer side bankruptcy firms that represent debtors, ...
- 129k
Only top scored, non community-wiki answers of a minimum length are eligible