52
votes
What does this fuzzy court clerk stamp say? It's from a very old case in 1995 in the state of Washington
FILMED
The document was archived onto microfilm.
User @Dai used the font Myriad Pro Bold to overlay this onto the image:
- 2,693
37
votes
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 ...
- 195k
33
votes
Accepted
How did Dominion legally obtain text messages from Fox News hosts?
Because the hosts are part of the defendants.
A party in a lawsuit can demand documents to be turned over to them from the opposing party. That is called Discovery and participation is mandatory. Not ...
- 33.8k
24
votes
Accepted
Peanut butter - may contain peanuts
When the dangerous nature of a product is or should be known to a manufacturer and the product is being used in the usual and expected manner, the manufacturer has a duty to warn of the danger. Breach ...
- 210k
22
votes
Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?
canada criminal-law
These acts could be sexual assault. Pregnancy is irrelevant to the analysis.
Deviating from the sexual activity consented to
A majority of the Supreme Court of Canada, in R. v. ...
- 43.7k
22
votes
Does a purely accidental act preclude civil liability for its resulting damages?
In Common Law Countries
In common law countries, Dale M. is right (the vast majority of the time).
Without negligence there is usually no liability for damage to property in an accident. The general ...
- 195k
16
votes
Accepted
Does a purely accidental act preclude civil liability for its resulting damages?
This is a rule, indeed a common law expression, about a "pure accident without negligence on the part of" a person, dating back in England to at least 1863; in the US found in Culbert v. ...
- 210k
16
votes
Accepted
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 ...
- 4,716
16
votes
Accepted
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 ...
- 195k
15
votes
Peanut butter - may contain peanuts
canada
I think you misunderstand the liability that the manufacturers are seeking to avoid by providing these specific labels when they appear clearly redundant: the liability would likely come from ...
- 43.7k
15
votes
How did Dominion legally obtain text messages from Fox News hosts?
This was apparently part of the normal discovery process. Discovery can compel disclosure from parties and even non-parties upon subpoenas. The lawsuit is in the Superior Court of the State of ...
- 43.7k
14
votes
Is it possible for a court to adjust damages awards upward beyond what is asked for?
I don't know of any cases where a court has done this, but the law would permit it in an appropriate circumstance.
Under Fed. R. Civ. P. 54(c) federal courts in the united-states may grant relief ...
- 57.2k
11
votes
Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?
united-states
In either case, could there be any criminal or civil liability?
No.
Not in any U.S. jurisdiction of which I am aware. One or two states (including California) have recently considered ...
- 195k
11
votes
Peanut butter - may contain peanuts
I happen to agree that this is a bit strange, and I think it is basically "government says do it, so you do it even if it doesn't make a whole lot of sense." But here are some additional ...
11
votes
Is it possible for a court to adjust damages awards upward beyond what is asked for?
In france, the court is bound by the parties’ claims. See articles 4 and 5 du code de procédure civile:
L'objet du litige est déterminé par les prétentions respectives des parties. (...)
Le juge doit ...
- 1,449
11
votes
Is it possible for a court to adjust damages awards upward beyond what is asked for?
united-states
Yes, it is possible for the jury to award more than is asked for, whether it was one dollar or another value.
In fact, in Bollea v. Gawker, the plaintiff asked for $100 million. The ...
- 1,159
11
votes
Accepted
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, ...
- 2,693
10
votes
Is there criminal or civil liability for sabotaging or lying about the use of contraception, which then results in a pregnancy?
united-states
In the United States, there apparently is neither criminal nor civil liability in such circumstances.
Cases of sexual deceit resulting in an unwanted pregnancy have not received ...
- 101
10
votes
Does a purely accidental act preclude civil liability for its resulting damages?
I'm in germany.
If this were true in general, there wouldn't be any need for liability insurances to cover exactly these cases that ohwilleke describes as "shit happens", i.e. where the ...
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 ...
- 1,402
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 ...
- 295
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 ...
- 14.9k
9
votes
Can one appeal a moot judgement?
Yes, you can appeal
Deciding that an issue is moot is a matter of law. Issues of law are apealable.
So, from your example, if the evidence showed that the tenant was still at the premises and, for ...
- 198k
8
votes
Peanut butter - may contain peanuts
A peanut butter jar that lists the ingredients as peanuts, and then provides a warning right under it which says may contain peanuts.
They don't, unless the manufacturer messed up. The allergy ...
- 240
7
votes
Accepted
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/...
- 33.8k
6
votes
What are the regulatory equivalents of "prosecute" and "convict"?
For a civil infraction, the typical term is found responsible/not responsible.
For example, Michigan MCL 600.113(1)(b)
(b) "Civil infraction action" means a civil action in which the ...
- 2,693
6
votes
Can one appeal a moot judgement?
canada
Mootness is not a jurisdictional issue for superior courts in Canada. Instead, mootness is a discretionary doctrine reflecting a desire to preserve an adversarial context and a concern for ...
- 43.7k
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 ...
- 195k
Only top scored, non community-wiki answers of a minimum length are eligible