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30 votes

Can possession of an asset be assumed in US civil court?

If the parties agree the sky is green then that is taken as fact by the court common-law Common law courts are adversarial and exist to resolve the dispute between the parties. That may involve them ...
Dale M's user avatar
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18 votes

Correlation between wealth and win rate

It is difficult to quantify in a useful way. Part of the issue is that calling the courts "dispute resolution forums" is misleading. Courts are "rights enforcement forums." They ...
ohwilleke's user avatar
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18 votes

Can I sign a new contract before resigning from a job that has not yet started

Don’t be a dick Tell your earlier employer that you can no longer take the position rather than have them waste time and resources on you. You can try to negotiate a waiver of the break cost, most ...
Dale M's user avatar
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15 votes

Is there any (which?) English speaking jurisdiction that uses a civil (continental) law system?

Because of its French roots, Louisiana uses civil law.
bdb484's user avatar
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11 votes

Is common law required in the federal system in the US?

Since common law is subordinate to statutory law, any common-law jurisdiction can eliminate any part of common law by enacting a statute. Many US states have done this with criminal law, for example, ...
phoog's user avatar
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10 votes

Can possession of an asset be assumed in US civil court?

in this case, both parties agree on the "fact". Is that all that's required for a fact of such gravity? What if he was ordered to give up some of the Bitcoin (not its value, the bitcoin ...
ohwilleke's user avatar
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9 votes
Accepted

Any solid research on error rate of criminal conviction system: jury vs judges?

It is hard to measure accuracy in absolute terms because figuring out the truth is the problem that trials seek to solve in the first place. This is especially true of cases that go to trial. Cases ...
ohwilleke's user avatar
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8 votes
Accepted

Is everything legal for me due to psychiatric reasons?

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 ...
Paul Johnson's user avatar
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8 votes

Can I sign a new contract before resigning from a job that has not yet started

This would depend on the wording of the contract pertaining to resigning before the contract starts. Normaly the notice conditions are the same as during the probation. §622 - Notice periods in the ...
Mark Johnson's user avatar
  • 5,628
7 votes

Can contracts include irrevocable terms of imprisonment for breach?

Generally speaking, the law in almost every common law and civil law jurisdiction does not allow incarceration to be a punishment for a mere breach of contract (when that breach of the contract was ...
ohwilleke's user avatar
  • 218k
7 votes
Accepted

Is it possible for lawyers defend you in a Civil-legal-system?

People are routinely and almost universally defended by lawyers in serious criminal cases in both civil law country and common law country legal systems. The availability of counsel for the indigent ...
ohwilleke's user avatar
  • 218k
7 votes

What is a “legal code,” and is the British statute book one?

A legal code is a systemic collection of statutes A legal code or code of law is a collection of various statutes on a topic (for example, criminal law, or environmental law), which organises and ...
Dale M's user avatar
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6 votes

Can contracts include irrevocable terms of imprisonment for breach?

My vote is that the (prison, contract) term would not be enforceable. In Williams v. Walker-Thomas 350 F.2d 445, multiple items of furniture were purchased on credit, and the payments were "...
user6726's user avatar
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6 votes

Is there any (which?) English speaking jurisdiction that uses a civil (continental) law system?

Malta has two official languages, one of which is English (the other is of course Maltese), and its legal system is based on a mixture of common law and civil law. I don’t know in which language its ...
Mike Scott's user avatar
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6 votes

How would an extradition work when only one of two actions was criminal?

Extradition is done for specific charges. A principle found in virtually all extradition treaties called the "rule of specialty" says that the country requesting extradition may not ...
cpast's user avatar
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6 votes

common law vs civil law differences

if necessary it is possible to simplify it to USA vs EU The European Union is by no means a homogeneous area of law. I will assume france because it is the one I am most familiar with, but bear in ...
KFK's user avatar
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5 votes

Which standards prevent laws from naming specific targets?

It may "seem[] normative" that "a law cannot enumerate any specific persons or companies to be included or excluded from its provisions." But in fact it is not generally the case. ...
David Siegel's user avatar
5 votes

Can contracts include irrevocable terms of imprisonment for breach?

It's unenforceable for the same reason that they can't kill you as a term of the contract - you cannot contract to do something against the law. Holding someone against their will is a crime. Only ...
Dale M's user avatar
  • 211k
5 votes

Bank manager withdrew funds from my account without my authority can I sue her and the bank

So, in short, the bank did what you asked them to do (close your account). What do you think they did that might be unlawful?
Dale M's user avatar
  • 211k
5 votes

Must I honour a (non auction) sale on ebay

Yes From clause 7 of the Ebay agreement: When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid ...
Dale M's user avatar
  • 211k
5 votes

Is there any (which?) English speaking jurisdiction that uses a civil (continental) law system?

Generally yes - I need only English text e.g. for the French or Germany law. A list of (semi-offcial) German Federal Law translations can be found here: Gesetze im Internet - Translations ...
Mark Johnson's user avatar
  • 5,628
5 votes

Is there any (which?) English speaking jurisdiction that uses a civil (continental) law system?

Similar to Louisiana, the Province of Quebec in Canada uses Civil Law, also due to its French roots.
wumpus D'00m's user avatar
5 votes

What is Jurisprudence?

Legal Theory and Philosophy of Law There are two different meanings of the word Jurisprudence A heavy word for the study or knowledge of the law. If a judge or law lecturer were to refer to "the ...
Nemo's user avatar
  • 1,607
5 votes

Can a citizen of the European Union receive legal aid or legal representation in a 3rd country from the EU?

Other than the most exceptional cases, no... As a citizen (of any country), you are entitled to consular support but that does not extend to your country hiring a lawyer for you or representing you in ...
Dale M's user avatar
  • 211k
5 votes

Correlation between wealth and win rate

The most on-point article I know of is Albert Yoon's The Importance of Litigant Wealth: While proponents of tort reform have argued that the current legal system makes wealthy individuals vulnerable ...
bdb484's user avatar
  • 60.3k
5 votes
Accepted

Countries with similar sexual offences Laws to Germany?

[…] that prior to 2016, Germany had some outdated […] laws. […] The changes of November 9, 2016, BGBl. I 2460 ff, were brought forward under the impression of the 2015 NYE spike in reported sexual ...
Kai Burghardt's user avatar
5 votes

Is common law required in the federal system in the US?

This question has not been adjudicated nor has the scenario you envision been attempted. However, see John Harrison, "The Power of Congress Over Rules of Precedent" (2000) 50 Duke L.J. 503. ...
Jen's user avatar
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4 votes

Why do legal scholars influence civil codes' interpretation, more than judges?

First off, let me confirm that this text accurately describes the reality. Second, this is less far afield from the common law than you would think. If you are in a jurisdiction without any binding ...
ohwilleke's user avatar
  • 218k
4 votes

Why don't Nordic countries have codes of private law?

Sweden and most of the other Scandinavian countries once had a civil code based upon the Civil Code of 1734. Generally speaking, this code is in turn derived from the German Civil Code (as opposed to ...
ohwilleke's user avatar
  • 218k
4 votes

Can a person be compelled to testify against themself in a civil trial?

The Fifth Amendment right against self-incrimination applies only in criminal trials, but it permits a witness to refuse to answer a question in either criminal or civil cases, including in a ...
bdb484's user avatar
  • 60.3k

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