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41 votes

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

Falsely accusing someone of sexual assault or rape can be defamation. Trump even counter claimed against Carroll because of her statement that he "raped" her. However, that suit was ...
Jen's user avatar
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40 votes
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Why is Trump's alleged fraud in New York not prosecuted as a criminal offense?

In the U.S., public official enforce the law with both civil actions and criminal actions as they deem appropriate. In this case, the NY attorney-general did bring a separate criminal case against the ...
ohwilleke's user avatar
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25 votes

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

there is no conviction or anything else "supporting" that accusation The First Case How did the other court came to the conclusion "the jury had found he digitally penetrated her"...
ohwilleke's user avatar
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21 votes
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Can a civil court impose criminal contempt charges?

Can a civil court impose criminal contempt charges? Yes. can a judge in a civil trial impose an order along with damages that would incur criminal contempt charges if Trump were to continue to make ...
ohwilleke's user avatar
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17 votes
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Is the “civil shield” for employees a real thing?

At common law, there is no civil shield The common law position is that an employee is responsible for any torts they commit, and, through the doctrine of vicarious liability, the employer is also ...
Dale M's user avatar
  • 213k
16 votes
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Civil liability for criminal punishment

In england-and-wales, Mark's claim is likely to fail. There are several overlapping principles, which are different rules of law but which all point to the same outcome: "It is a rule of law and ...
alexg's user avatar
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15 votes
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Renting a car and liability

The law with regard to this issue varies from one place to another. Most jurisdictions do not impose liability for car accidents caused by human error on the owner of the car automatically, unless the ...
ohwilleke's user avatar
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15 votes
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Is a mistakenly sent bank transfer a cause for unjust enrichment?

Not only does Bob have an unjust enrichment cause of action to demand that the recipient return the money, but the recipient can be criminally prosecuted if they refuse. Refusing to make reasonable ...
Acccumulation's user avatar
12 votes

What are the similarities and differences between civil settlements and criminal plea deals?

They both end the litigation by way of agreement. But a settlement does not generally result in a court order recognizing the terms of the settlement. The only court order may be one dismissing the ...
Jen's user avatar
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12 votes

The principle of legality in criminal law, and the common law

The rough idea is that people are expected to know that it's wrong to bash other people over the head with a snooker cue, even if they can't cite the exact legal reason why this might be a criminal ...
alexg's user avatar
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11 votes
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What court in Kentucky, USA handles cases between $2500 and $5000?

District Court The KY Administrative Office of the Courts website and brochure says: ​​​​District Court is the court of limited jurisdiction and handles juvenile matters, city and county ordinances, ...
user71659's user avatar
  • 3,722
11 votes

Is the “civil shield” for employees a real thing?

In germany, the general answer is yes. The German concept is Arbeitnehmerhaftung (employee liability), meaning (civil) liability for damages caused by an employee while fulfilling their duties. In ...
sleske's user avatar
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10 votes

Civil liability for criminal punishment

In the hypothetical jurisdiction a duty of care arose in the circumstances and Eve breached the duty, causing damages to Mark, which gives Mark a cause of action against Eve. Although in the ...
Lag's user avatar
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10 votes

Why don't victims often sue perpetrators / suspects?

Most criminals aren't rich... Suing someone who has nothing, won't get you anything... Sure they can be held liable for millions of dollars. But that doesn't make the money magically appear. A million ...
Questor's user avatar
  • 336
10 votes

Burden of Proof for Reprinting a Book

Short answer: §§ 64 ff. UrhG is not a defense (Einwendung) but an integral/constitutional component of copyright. Accordingly the party favoring the fact that a work is (still) copyrighted has the ...
Kai Burghardt's user avatar
10 votes

Is a mistakenly sent bank transfer a cause for unjust enrichment?

united-states Is a mistakenly sent bank transfer a cause for unjust enrichment? Yes. This is one of the paradigmatic, textbook fact patterns justifying an unjust enrichment claim.
ohwilleke's user avatar
  • 221k
9 votes

Can a judge make the plaintiff pay defender's legal costs?

Yes. A federal court may impose sanctions for any filing that violates Rule 11 of the Federal Rules of Civil Procedure, which imposes the following requirements on every filing: (1) it is not being ...
bdb484's user avatar
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9 votes

What are the similarities and differences between civil settlements and criminal plea deals?

No. Or at least not always, not everywhere. In a plea bargain, the defendant admits to some or all of a crime in the expectation that doing so would cause a lower sentence. There are some places where ...
o.m.'s user avatar
  • 18.3k
9 votes

The principle of legality in criminal law, and the common law

Isn't it the case that the England and Wales system bluntly defies the principle of legality? Or is there something I don't know that mitigates the tension? Is there any theorizing about this that ...
ohwilleke's user avatar
  • 221k
9 votes

Suing lease financing Company

No. Federal law specifically releases the leasing company from liability. 49 U.S. Code § 30106 Rented or leased motor vehicle safety and responsibility (a) In General.—An owner of a motor vehicle ...
user71659's user avatar
  • 3,722
7 votes
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Burden of Proof for Reprinting a Book

It depends on the argument The person suing (Plaintiff) needs to make a case that is prima facie reasonable and contains all needed details. This includes showing that they own a valid copyright/...
Trish's user avatar
  • 40.6k
7 votes

I am looking for mutual exclusivity examples in law

Examples where each of the things is legal on its own, but not when they both occur: (1) voting in favour of a development permit as member of a local government (e.g. city councillor); (2) having a ...
Jen's user avatar
  • 59.8k
7 votes

Does the legal definition of prostitution exclude gifts as a type of “fee”?

Does the legal definition of prostitution exclude gifts as a type of “fee”? No. The term "fee" is defined at Texas Penal Code § 43.01 which states: (1-b) “Fee” means the payment or offer ...
ohwilleke's user avatar
  • 221k
7 votes

Is the “civil shield” for employees a real thing?

There are opposite rules for torts and breaches of contract. Torts The general rule in Oregon, and almost all other U.S. jurisdictions is that if you personally participate in a civil wrong (e.g. a &...
ohwilleke's user avatar
  • 221k
6 votes

Why don't victims often sue perpetrators / suspects?

It also seems to add a "double jeopardy" element for the defendant, even if the second jeopardy is just reputational damage and having to pay money rather than jail time. It doesn't. Double ...
ohwilleke's user avatar
  • 221k
6 votes

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

that it isn't libel to accuse someone for rape but it is libel to respond in an "aggressive" way to being accused for rape!?!? Because the responding in an "aggressive" way is a ...
Harper - Reinstate Monica's user avatar
5 votes

is setting up customer company as a merchant processing agent and paying them with profits legal?

united-states We don't have enough facts to know from the facts of the question. But under U.S. law, there is a real possibility that this is an illegal Ponzi scheme. Primarily, the question of ...
ohwilleke's user avatar
  • 221k
5 votes
Accepted

Questions related to confidentiality obligations

This depends on where it happened, and also on what you knew when. Usually, to "sue somebody" describes initiating a civil lawsuit, while "reporting someone to the police" or words ...
o.m.'s user avatar
  • 18.3k
5 votes

The principle of legality in criminal law, and the common law

The common law distinguishes between malum prohibitum and malum in se These Latin phrases translate as "wrong [as or because] prohibited" and “wrong or evil in itself” and are inherited ...
Dale M's user avatar
  • 213k
4 votes
Accepted

What happens when a wrongful death charge turns into murder charge?

Does the trial continue with no changes other than murder charge added? No. The wrongful death trial is a civil trial brought by some party other than the state, whereas a murder trial is a criminal ...
phoog's user avatar
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