74
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 ...
73
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 ...
51
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 usually resolved by the golden rule:
Determine the ordinary and natural meaning of the words used
Consider the context of the contract including its purpose, ...
45
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 the house of cards comes tumbling down.
Molski
For instance, due to a minor ADA issue (toilet paper roll 2" too low etc.) poor Jarek Molski was injured ...
answered Nov 23 '20 at 1:35
Harper - Reinstate Monica
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41
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 that a person has enough self-control that they will not commit a crime when insulted. A person who hurls the insult might be found contributorily negligent, ...
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 "...
27
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 making any further applications or carrying out litigation without permission.
Vexatious litigation is legal action which is brought solely to harass or subdue an ...
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
24
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 both parties can be prosecuted; the Public Order Act prohibits "abusive or threatening words or behaviour". It specifically prohibits provocation: "...
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 to reiterate ...
19
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 doctrine is present in both common law and civil law.
The presumption is that the party who drafts the terms of the contract has greater bargaining power than ...
16
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 conduct by you. It does not open up an avenue for the university to sue you, nor does it open up an avenue for the university to have you committed to a mental ...
16
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 certainly a factor the judge would look at when deciding punishment. So you may just end up with a broken nose, and they may just have to pay a nominal fine.
...
14
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 ...
13
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.
...
13
"Ignorance of the law" refers to a (non)-defense for committing a crime ("I didn't know it was against the law"). In this case, the government hasn't passed a law saying that "the term 'simple majority' shall always be defined as..." – there is no law saying that "simple majority means more than half of the total number of votes". Instead, terms are ...
13
Hacking into a computer owned by someone else and accessing the data stored on it without permission is a misdemeanor according to StGB 202a (de|en). But only if it's successful. So a failed attempt isn't a misdemeanor yet.
When you notice that someone might have committed a criminal offence (regardless of whether you are a victim or just a witness), then ...
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
Public Health Law PBH §12(1) says
Any person who violates, disobeys or disregards any term or provision
of this chapter or of any lawful notice, order or regulation pursuant
thereto for which a civil penalty is not otherwise expressly
prescribed by law, shall be liable to the people of the state for a
civil penalty of not to exceed two thousand ...
12
It depends on the jurisdiction. pjc50 has given a link to the law in the UK. In the USA, what you are talking about is known legally as "fighting words."
The US Supreme Court has recognized that some speech is so offensive that it has no First Amendment protection. Such "fighting words" "by their very utterance, inflict injury or ...
12
What if someone purposefuly tries to file a court case every minute to disrupt the court can the person be punished in India or USA?
There is no official rate limit, but in the USA that person might be blacklisted as vexatious litigant. This blacklisting triggers a "filter-out" process intended to validate that the lawsuit is not blatantly ...
12
If Tratatoria has anti-discrimination laws, or provisions in its constitution forbidding discrimination, the Minister's actions might be illegal under them. But if it does not, or if it does not enforce whatever laws it may have, there is no international authority that can enforce any rule against discrimination.
People and groups in other countries could ...
11
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 ...
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
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 ...
9
Section 29-A of Article 2-B of the Executive section of the New York Consolidated Laws:
...The governor, by executive order, may issue any directive during a state disaster emergency declared in the following instances: ... epidemic, disease outbreak ... Any such directive must be necessary to cope with the disaster and may provide for procedures reasonably ...
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