72
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 city of Las Vegas for
failure to provide security? Or are city/county municipalities immune?
And is the state of Nevada immune?
This would not prevail. There ...
72
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 included). So they breached their contract with you, and you might sue them for breach of contract.
The case of Gupta v. Asha (orders were mixed up) could be ...
62
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 example, so deeply emotionally scarred by eating the food Chipotle offered that you developed an eating disorder and needed to see a therapist, you could probably ...
57
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, is that the museum is not required to make accommodations that would "threaten or destroy the historic significance of an historic property." So they'd have ...
56
“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 chemicals which will attack the exhibit.
You can’t touch the Mona Lisa, you can’t touch the Declaration of Independence, you can’t touch Tutankhamen’s mummy and ...
32
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 also says that a person "is liable" when there are grounds for a civil suit against that person. One might also say that such a person "has commited a tort" or "...
24
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 would lose.
You'd have to be able to show that VW itself caused your respiratory problem to either exist or that their diesel cars exacerbated a pre-existing ...
24
“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 zone is illegal and a civil offence
Breaking a contract is illegal and exposes the breacher to civil damages
19
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 specific reference to the previous meeting’s discussion but said far more to disparage Phillips’ beliefs. The commissioner stated:
“I would also like ...
12
Assuming that the documents were either true, or Manning reasonably believed that they were true, there would be no cause of action for defamation.
Many of the documents disclosed would have been confidential in some sense, but usually a violation of a confidentiality statute has a criminal sanction associated with it, but does not carry with it a private ...
12
There is no such law in the US, although there many laws prohibiting specific forms of harm, for example laws against murder, theft, assault, arson. All laws are predicated on the idea that an illegal act causes harm, but I don't get to deem, for example, that you are harming society by opposing Satan. There are no laws prohibiting any belief in the US, and ...
12
What would happen if Protagoras v Euathlus were heard in court today? what would have happened if this case were to be tried in a modern-day courtroom?
Generally speaking, Protagoras's position would prevail under contract law.
Protagoras and Euathlus entered a contract in which the exchange of considerations involves tutoring and compensation therefor.
...
10
You can keep your name; this is the default. Source:
Your surname does not change automatically upon marriage unless you elect to change it.
Nothing in the law requires you to change your name when getting married; it is your personal choice.
You are not required to have the same surname as your spouse.
9
Probably not.
Overview
You haven't specified a jurisdiction. I will talk about Australia because that's what I'm familiar with.
In Australia the most relevant area of law would be tort, specifically negligence. The university would be liable to pay damages if a court found that it owed a duty of care to your friend, that it breached that duty, and that ...
8
IMHO, your questions reflect several misunderstandings of how the process works. So, with your permission, I will avoid directly answering your questions and instead focus on suggestions how to best help you plot a path forward.
Your counterparty has the burden of proof. If your counterparty forged your signature on a contract, then they must prove you ...
8
If the question asks, "did you do X" where X is or includes a crime that you could be criminally prosecuted for, you can invoke the 5th amendment in refusing to answer that. I have seen that done and seen that objection to the question sustained in court. However, if admitting to X would provide only civil liability, then the 5th would not apply.
At ...
8
Prison v. Jail
First of all, failure to appear (in the U.S.) would led to incarceration in jail (a local government facility allowing for detention typically up to one year for misdemeanors), rather than prison (which is typically a state or federal government institution incarcerating people for a year or more pursuant to a felony conviction). A jail is ...
8
You have acknowledged that the house was in "new" condition, which establishes a baseline for determining if the present state is normal wear and tear. The lease and California law agree that normal wear and tear is not the responsibility of the tenant. You may then need to sue the landlord in small claims court to get the remainder of the deposit (the above ...
8
Your beliefs about your past and your mission would probably be considered to be personal religious beliefs. As Israel does not have a state religion this does not have any legal significance (except it may make a difference as to which religious court is considered to have jurisdiction over your family disputes).
Your religious beliefs do not override the ...
8
First of all, this assumes that the debt consolidation firm would be willing to buy, and the CC company willing to sell. With a trial already scheduled, this might well not be the case.
Secondly, when (if) the debt consolidation firm buys the debt, they buy the rights of the seller. In many states the trial could go forward, with the debt consolidation ...
7
No. The 14th Amendment says no person may be deprived of life, liberty, or property without due process of law. There's an argument the legislative procedure must meet certain requirements, but the fact it was passed is certainly capable of being due process (and normally would be due process).
7
The burden for proving claims in civil actions is "preponderance of evidence," i.e., merely that "more than 50% of the evidence favors a conclusion."
However, the standard for conviction of any crime is "beyond a reasonable doubt." I.e., if the defense can raise reasonable doubt about one's guilt then the defendant should be acquitted.
There is quite a ...
7
The Seventh Amendment's jury trial provision does not apply to the states. The Bill of Rights does not inherently restrain the states at all, merely the federal government. The Fourteenth Amendment does restrain the states; notably, it forbids a state from depriving any person of life, liberty, or property without due process of law. Courts have read into "...
7
UK-based answer:
In essence there are two separate agreements:
A loan agreement between the borrower and the lender
A guarantee agreement between the guarantor and the lender.
To answer your question, both parties in the 2nd (guarantee) agreement, can choose to terminate the guarantee contract. This is called discharge by agreement, and requires consent ...
7
The one answerable question regards the legality of taking the damages out of the security deposit. Consulting the Ohio landlord-tenant law, the tenant has various obligations including to
Dispose of all rubbish, garbage, and other waste in a clean, safe, and
sanitary manner
...
Comply with the requirements imposed on tenants by all applicable
...
7
Direct civil suits are not the only way to obtain remedies for property violations. Other options:
Ask. You can send them a simple letter describing the violation and asking them to compensate you appropriately.
Complain to authorities. If they engaged in any behavior that constitutes a crime (e.g., criminal fraud) then the state (via district or state ...
7
The United States has two main (and perfectly legal) branches of Satanism: LaVeyan Satanism which dates to about the 1966, and the Satanic Temple founded in 2012. The Satanic Temple has Satanic images recognized in public holiday displays in several states (for example, Illinois and Florida). Satanism is fully protected by the First Amendment to the Bill of ...
7
Now after 4 years I still can't get it off my mind and it's consuming
me thinking that I was fooled into believing that the rule of law was
the norm in this country (not the jungle law) and the beautiful
constitution we have is not there just to look pretty, but something
we can rely on.
So, at this point, do I need legal help? Or mental help or ...
7
Euathlus would win
At the time of the case, Euathlus has not won a case so he has no obligation to pay Protagoras. Under contract law, the court would find there is no obligation to pay.
But now that Euathlus won a case Protagoras can just bring the suit again, right? Sadly, no. Protagoras cannot bring suit again under the doctrine of res judicata.
Now ...
6
Most class action litigation involves a whole mass of people who suffered minute injury, whereby it wouldn't be cost effective to bring individual suit. There are exceptions, as with every rule. So, for instance, (I'll use one I was involved in): BARBRI, who established the curriculum, study aids, and taught nearly all of the prep courses for the bar exams ...
Only top voted, non community-wiki answers of a minimum length are eligible
