39
votes
Accepted
Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?
Arthur has no contractual relationship with OU, and therefore no right to be in any dorm, or anywhere w.r.t. the university. The university has no duty to Arthur. Alice has some relationship to the ...
- 210k
39
votes
Accepted
Why do courts dismiss cases as moot?
The court is not running away from the problem; Trump isn't president, so the problem has actually gone away.
Because there's no point in resolving a purely academic question, the courts generally ...
- 57.2k
37
votes
Accepted
Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?
This case was filed in federal court under diversity jurisdiction, meaning that it’s a lawsuit between citizens of different states. In most cases, diversity jurisdiction requires “complete” diversity:...
- 23.6k
29
votes
Can a covert recording be used as evidence in UK civil court?
Yes, you can ask permission from the court. From this page (by a firm of solicitors):
Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is ...
- 13k
16
votes
Accepted
Is there a time limit to initiating a legal complaint?
united-states
Overview
The big picture to keep in mind is that in the United States the applicable deadline for filing a lawsuit is very specific to the legal theory upon which relief is sought from a ...
- 195k
15
votes
Accepted
Could Alex Jones' lawyer have claimed back the data he should have produced in discovery?
This is a civil case in Texas.
See Texas Rules of Civil Procedure, Rule 193.3(d) and guidance. In the current PDF May 1 2022 those are on pages 199 and 121 respectively and I reproduce them below.
My ...
- 14.9k
14
votes
Can medical records ever be subpoenaed or discovered in any judicial context?
Yes in general
Generally, almost all western jurisdictions (be they civil law or common law) have some way to get medical records into evidence, be that via subpoenaing, or by discovery requests or ...
- 33.8k
13
votes
Accepted
Can lawyers ask about, and discriminate based on, iPhone ownership during a case involving Apple?
The question of whether they can ask these questions will be left to the trial judge. If the parties can make any kind of reasonable argument that consumers of one product or the other are likely to ...
- 57.2k
13
votes
Accepted
Difference between "dismissed with prejudice" vs. "res judicata"?
Res judicata (also called "claim preclusion") prevents relitigation of a dispute that was previously litigated or could have been been litigated in a case that was actually filed that was ...
- 195k
12
votes
An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?
As a general rule, failure to comply with a court order is not contempt of court if compliance is impossible. In the unusual scenario you describe, the outcome will depend on the specific legal ...
- 8,641
11
votes
Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?
Aside from all else, this will fail for lack of provable damages.
It's not even like Arthur had to rent a hotel room in lieu of expecting to sleep the night in the dorm room. That is not allowed, ...
11
votes
In a civil trial, can a party “call” its opponent’s witnesses in making its case?
ontario
Any party may call a witness that has relevant evidence (Rules 53.01 & 53.04). There is "no property in a witness" (see also Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 ...
- 43.8k
10
votes
Can you really ignore a summons just by avoiding it?
There may be places, either real or fictional, where avoiding works. It is a great plot point for instance, but the Federal Rules of Civil Procedure upon which most United States based localities ...
- 1,608
10
votes
Accepted
What remedies are there if it was subsequently discovered that a witness lied at trial?
What remedies are therein the United States? I would imagine that the
witness could be prosecuted for perjury. My guess is that the
plaintiff could prosecute the witness for the lost damages. Are ...
- 195k
8
votes
Can the Fifth Amendment protection against self-incrimination be invoked in a civil deposition?
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 ...
- 656
8
votes
Accepted
Is it possible to end up in prison due to failure to appear in court for a civil matter?
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 ...
- 195k
8
votes
Why do courts dismiss cases as moot?
Federal (Article III) courts only may adjudicate current and ongoing controversies, that exist along the whole case length.*
A case initially presenting all the attributes necessary for federal court ...
- 33.8k
8
votes
Accepted
Default judgement when the court can't provide the requested relief
A federal court may dismiss a complaint sua sponte (i.e. without a request to do so from a party) if it is beyond its subject matter jurisdiction (a category of defenses including lack of standing) or ...
- 195k
8
votes
Accepted
In what cases is a U.S. Federal Executive Official named in a lawsuit in their official capacity as a defendant and when is the US itself named?
There are two main main circumstances in which individual officials are named.
One is where the relief sought is non-monetary and the official has the ability to provide the relief, such as a habeas ...
- 195k
8
votes
Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial?
Is a judge or jury "to assume or presume" testimony not given after
invoking the fifth amendment would have been negative in a civil
trial?
The Fifth Amendment to the U.S. Constitution ...
- 195k
7
votes
Accepted
Is spousal immunity affected if one spouse dies?
Privilege May Be Irrelevant In Your Case
In a criminal case in the U.S., a criminal prosecution is moot and dismissed if the criminal defendant dies (or even if the criminal defendant is convicted ...
- 195k
7
votes
Accepted
Child care exemptions for jury duty in NYS?
She can ask, but she does not have a right to be excused
New York law for jurors does not have an automatic right to be excused because of familial care needs. There is a right to be excused for ...
- 198k
7
votes
In civil litigation: is a defense barred if not asserted in time?
This is called the "waiver trap," and it can be quite harsh indeed.
Rule 8 and Rule 12 require a defendant to assert most affirmative defenses almost immediately -- either in their answer or ...
- 57.2k
7
votes
Accepted
Are courts "duty-bound" to enforce Rules of Procedure?
“Like the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure are as binding as any statute duly enacted by Congress, and federal courts have no more discretion to disregard the ...
- 57.2k
6
votes
Accepted
What's the point of a subpoena if you can just invoke the fifth amendment?
A subpoena is nothing more than court process compelling someone to testify as a witness or to produce documents in their possession, custody and control, or both, usually in connection with a court ...
- 195k
6
votes
What is the legal penalty for "contempt of Congress"?
2 USC 192 imposes a penalty of $100-$1000 and 1-12 months in prison. That assumes a trial and conviction. Officials were found in contempt under the previous administration, but there was no criminal ...
- 210k
6
votes
Can Congress legislate the structure of court rulings?
Probably.*
Congress has wide latitude to dictate the procedures of "inferior courts" -- the district courts and circuit courts of appeal. Those courts only exist because Congress created them, so ...
- 57.2k
6
votes
Accepted
Suspending White House hard pass & preliminary injunction
You are correct that the existence of a lawsuit -- on First Amendment or Fifth Amendment grounds -- is not a strong basis for believing that Acosta will have his pass reinstated. People file losing ...
- 57.2k
Only top scored, non community-wiki answers of a minimum length are eligible