39 votes
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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 ...
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39 votes
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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 ...
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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 ...
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16 votes
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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 ...
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13 votes
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What would happen if Protagoras v Euathlus were heard in court today?

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 ...
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13 votes
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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 ...
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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, ...
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10 votes
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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 ...
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9 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 ...
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  • 1,538
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 ...
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8 votes
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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 ...
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  • 130k
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 ...
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8 votes
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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 ...
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7 votes
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Does the WTFPL legally disclaim warranties?

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 ...
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  • 5,537
7 votes
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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 ...
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  • 130k
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 ...
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  • 43.4k
7 votes
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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 ...
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6 votes
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Process Service - Why the secretary of state?

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 ...
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6 votes
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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 ...
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  • 130k
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 ...
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  • 157k
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 ...
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  • 43.4k
6 votes
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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 ...
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  • 148k
6 votes

What to expect when getting sued from abroad for libel?

Can the subject actually sue me in England, or is it possible to sue only in the EU country I posted the article from, or in the US where the article is actually hosted? Yes. If the online ...
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6 votes
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Is an offer of a discount an acknowledgement of guilt of negligence and misconduct?

No, this is not an acknowledgement of guilt or liability. It offers a "discount" some sort of reduction in price. This could be an offer of settlement without admission of liability, or even ...
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5 votes
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When and how must one "lay a foundation" to introduce evidence?

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” ...
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  • 1,671
5 votes

Text message legally binding?

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 ...
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  • 130k
5 votes
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Can the federal government class action an Eminent Domain lawsuit?

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, ...
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  • 130k
5 votes

If a judge constructs arguments for the prosecution in judgment is that grounds for appeal?

This probably isn't a ground for an appeal. While a party arguing to reverse a trial court's decision must show that the argument that they are making on appeal was "preserved" by that party at trial ...
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  • 130k
5 votes
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Difference between Motions to Strike, Suppress, and in limine?

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 ...
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  • 130k
5 votes
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What is the legal penalty for "contempt of Congress"?

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 ...
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