39

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 university, but that doesn't matter here. This is similar to the situation where you drive to a store to get a chunk of cheese (assume that the store has a ...


11

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, after all. By the rules Arthur and Alice were aware of, Arthur already had to make alternate arrangements for where to stay after midnight. And Arthur did have ...


11

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. ...


9

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 structure their rules do not make avoidance a viable strategy. The rules for serving a summons can be found at https://www.law.cornell.edu/rules/frcp/rule_4 ...


8

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 seen that objection to the question sustained in court. However, if admitting to X would provide only civil liability, then the 5th would not apply. At ...


8

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 than prison (which is typically a state or federal government institution incarcerating people for a year or more pursuant to a felony conviction). A jail is ...


8

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 there any other remedies like reopening the original trial or declaring a mistrial so that the plaintiff could sue the (deep-pocketed) defendant, or would ...


7

Short answer? No, the WTFPL offers no protection. A software license is a contract between the software vendor and the end user defining the terms and conditions under which the end user is permitted to use the software. Often, traditional software licenses contain terms that limit the vendor's liability. For example: "End User accepts the risk that this ...


7

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 and the case is still on appeal). (Pending divorce cases also abate upon the death of a spouse, but most other civil cases do not.) Caveat: Your Mileage May Vary ...


7

Euathlus would win At the time of the case, Euathlus has not won a case so he has no obligation to pay Protagoras. Under contract law, the court would find there is no obligation to pay. But now that Euathlus won a case Protagoras can just bring the suit again, right? Sadly, no. Protagoras cannot bring suit again under the doctrine of res judicata. Now ...


6

What does it accomplish? It guarantees that all corporations doing business in New York can be served. (A company's having an agent for the service of process does not prohibit people from serving the corporation directly. The secretary may be "the agent upon which process may be served" but is not "the sole agent upon which process must be served." And ...


6

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 prosecution (DOJ would have to prosecute, which they declined to do).


6

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 Congress can generally set the terms on which they continue to exist. That power is limited in several important ways by the Constitution, including the terms and ...


6

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 medical or financial hardship - which you might be able to argue here if, for example, you were at risk of losing your job. There is also a right for automatic ...


5

Two lawyers in a (administrative) hearing suggested that I would have to "lay a foundation" in order to introduce an email as evidence. Is this a general rule of evidence? “Laying the foundation” is a term of art used to explain the process of meeting the requirements for having particular types of evidence admitted. Most courts, administrative bodies, ...


5

A text message is just as legally binding as a letter, and the lion's share of the cases have held that a text message from a known sending phone number is equivalent to a signed letter. One would have to carefully parse the exchange of communications to see if they amounted to a binding offer and acceptance, but the fact that it was in a text message, ...


5

No. The Short Answer Eminent domain suits brought by the United States of America must be brought one by one against each property owner (or in the case of property owned by more than one person, against all of the people who own that particular parcel of property). The government cannot bring a class action lawsuit to exercise its power of eminent domain....


5

Your question isn't quite as simple as it sounds; some civil cases are tried before juries, and though a judge can give directions to a jury to give a particular verdict, they are not always required to obey; there are eighteenth-century English cases on the point that established that principle for most related jurisdictions. But your last sentence does ...


5

Very likely not. Yes, Congress is empowered by Article III of the Constitution to "ordain and establish" Federal courts, as necessary, and the very first Congress did most of the work via the Judiciary Act of 1789, but they pretty much left the nitty gritty details up to the courts themselves. Here's an example: SEC . 17. And be it further enacted, That ...


5

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 lawsuits all the time. But that doesn't really tell us anything about the merits of his case, which I discuss below. Temporary restraining order: The standard ...


4

Civil litigation involves general causes of action that are available to anyone, including both private parties and the government. Civil courts are designed primarily to provide restitution to the injured party. Criminal courts exist for governments to exercise their police powers: specific, limited authority held only by the government. The principal ...


4

For the first question, assuming EU legislation being applicable here, EU regulation No 1896/2006 of 12 December 2006 on creating a European order for payment procedure may be relevant, foreseeing a unified procedure for payment claims. On the second one, the answer is likely to be found in EU regulation No 1215/2012 of 12 December 2012 on jurisdiction and ...


4

the ratio of divorced men paying the ex wife versus divorced women paying the ex husband should more or less reflect the ratio of employed men vs. employed women Not necessarily. Some states (NC for example) look at more than just the work scenario that you propose. From § 50-16.3A: (1) The marital misconduct of either of the spouses. Nothing ...


4

Yes. The term for this situation is a "civil dispute." It can be resolved via a civil claim. In New Jersey, for claims under $3000, you can use the Small Claims courts. The process is designed to be followed without the assistance of counsel. Let the internet be your guide.


4

(My expectation is that the proof has to be replicated and the conviction cannot be introduced as evidence). Your expectation is incorrect. The name of the legal doctrine that allows a criminal judgment to have this effect in a civil case is called "collateral estoppel" which is also sometimes called "issue preclusion". See, e.g., A-1 Auto Repair & ...


4

Edith Windsor paid $363053 in taxes that she thought she did not owe. She later challenged the constitutionality of the law that prevented its refund. United States v. Windsor, 570 U.S. ___ (2013) Abigail Fisher paid a $100 application fee to the University of Texas. She sued to get it back, challenging the constitutionality of the university's race-...


4

None of the three factors you identify is correct. With respect to reason (1): The belief that a judge is likely to be landlord friendly on the merits, while a factor favoring a bench trial is actually a pretty minor one. Empirically, actual outcomes on the merits are far less different between jury trials and bench trials than you might expect. There ...


4

In U.S. practice, A motion in limine is a motion seeking to rule on the admissibility of evidence at an evidentiary hearing or trial (usually a jury trial) in advance of the actual introduction of the evidence in order to allow greater certainty in trial preparation and a fuller legal explanation of the positions of the parties for the judge to consider ...


4

Specifically, if a committee votes to cite someone for contempt of the committee, a resolution would pass to the full chamber. The full chamber, House or Senate, then may or may not pass it. If the full chamber passes the resolution, there is more than one option with which to enforce it. Although it has not been used since the early part of the last ...


4

I'm asking whether it is possible for a court without a jury to rule against the technical interpretation of a law, if they determine that following the letter of it would in this single case by unjust, or contrary to the spirit. Judges are forbidden from deviating from the law properly interpreted although they have considerable freedom to interpret ...


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