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38 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 ...
user6726's user avatar
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25 votes

Do judges really care about perjury?

Perjury is more than a lie It is a knowing deceit undertaken with the express purpose of misleading the court on a material issue. It isn’t misremembering, or contradicting oneself (or others), or ...
Dale M's user avatar
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24 votes
Accepted

Do police have a civil duty to do their job?

No. The police have no affirmative legally enforceable duty in the U.S., to the general public, or any particular person who invokes their assistance, to take action to enforce the law. The leading ...
ohwilleke's user avatar
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14 votes

Liable of sexual abuse in civil case and no prison time?

There are many different kinds of laws, and many different ways of violating them. The main two are (1) criminal law, which generally addresses violations that injure the government's interests; and (...
bdb484's user avatar
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12 votes
Accepted

How far does legal gymnastics go to remove liability?

england-and-wales "A term in a consumer contract is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the ...
Lag's user avatar
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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, ...
Harper - Reinstate Monica's user avatar
9 votes

Under what circumstances would a change to the case name occur when no changes were made to the parties involved?

There are several reasons that case name might change. Here are twelve of them, roughly in order of frequency: A party is dismissed from the case and hence is no longer a party, so the next person in ...
ohwilleke's user avatar
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5 votes

Do police have a civil duty to do their job?

A class action lawsuit has been filed against the City of Seattle, surrounding the de-policing of the infamous occupied zone. This overlaps Castle Rock v. Gonzales in part, and can be distinguished ...
user6726's user avatar
  • 215k
5 votes

How far does legal gymnastics go to remove liability?

In the US, contracts are definitely limited. One of the primary ways is that illegal contracts/terms cannot be enforced. The details of what elements of a contract are not considered valid will ...
JimmyJames's user avatar
5 votes

Liable of sexual abuse in civil case and no prison time?

Civil cases can not lead to prison time Prison time is only available in criminal cases. Civil cases lead to civil remedies, which are usually money or an order not to do something, very rarely an ...
Trish's user avatar
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4 votes

Do judges really care about perjury?

Perjury is a crime In general, Perjury is defined as knowingly telling a lie (not necessarily just falsehood) to the court. The intention behind it is usually to prevent justice to get a correct ...
Trish's user avatar
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4 votes
Accepted

Is one witness all that's needed to prove a civil case?

There is no rule the prevents someone from proving a case with one witness and many cases are proven that way (especially in simple debt collection cases and in factually simple criminal cases). Of ...
ohwilleke's user avatar
  • 218k
4 votes

General strategy for litigation against another party who has more financial resources

The answer from DaleM is good, but I'd add a eleven more. Mostly they can be summed up by taking a philosophy of not pushing the envelope and focusing on worst case risk/cost-reward scenarios. 1. Keep ...
ohwilleke's user avatar
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3 votes

Do police have a civil duty to do their job?

If police violate some law other than one requiring them to do their job and also don't do their job, you can sue them for violating that other law. For example, accepting a bribe is probably ...
ohwilleke's user avatar
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3 votes
Accepted

What would someone be charged with if they did this as the patient before surgery?

Insurance fraud But not for the medical part of the form. Almost all procedures in Australia involve some type of insurance (Medicare, private, workers comp. etc.) - the notice is about the part of ...
Dale M's user avatar
  • 211k
3 votes

What plaintiff Pro -se can do if a Federal judge in civil personal injury case denied all her requests for subpoenas?

The simplest solution is to hire an attorney to do this for you. If you want to do it the hard way, you need to try to figure out why your motions were denied. For example, did you file proper motions,...
user6726's user avatar
  • 215k
3 votes

Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?

The university is renting space to Alice, which makes it a residential lease. In most US states there are specific provisions which are required by law, or treated as present, in any residential lease,...
David Siegel's user avatar
3 votes

Are there any forms in California that brings two defendants to court?

If you are directly suing two people regarding a shared set of circumstances (e.g. two co-signers on a promissory note to plaintiff, or two people who both contributed to causing an accident burting ...
ohwilleke's user avatar
  • 218k
3 votes
Accepted

Is it possible to claim civil compensation for assault with video evidence available?

Trespass to person Assault, battery and false imprisonment are all intentional torts that fall within the collective name of trespass to person. They are all actionable per se meaning the defendant ...
Dale M's user avatar
  • 211k
3 votes

Cheapest Way To Sue Over Breach of Loan Contract?

Is my best bet to get a lawyer and sue? If so, approximately how much should I expect it to cost? How would it work with the requirement for him to pay the legal fees? You would ordinarily either ...
ohwilleke's user avatar
  • 218k
3 votes

Cheapest Way To Sue Over Breach of Loan Contract?

You should hire a lawyer before you land yourself in jail. Pretending to be a lawyer -- by drafting the loan agreement or by now representing yourself in court -- is a terrible idea. Your case ...
bdb484's user avatar
  • 60.2k
3 votes

Liable of sexual abuse in civil case and no prison time?

There is criminal law, and there is civil law. If you are convicted of breaking criminal law, you can go to jail for that. The rule is that your guilt must be proven "beyond reasonable doubt"...
gnasher729's user avatar
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3 votes

Legal bindingness/validity of implicit/presumptively entered contracts for occupancy fees

The offeror is "master of the offer" including the manner in which the contract may be accepted. Where the offeror specifies that acceptance may be by specific conduct, the question becomes &...
Jen's user avatar
  • 57k
3 votes

Driver's License shredded, is this legal?

germany Is it legal for a business owner to to shred a government issued ID card such as a driver's license that has been forgotten and left in their establishment? No, since it is not their ...
Mark Johnson's user avatar
  • 5,632
2 votes

Police Officers Knocking at your door

That depends on what the officer wants to do. If the officer is under cover, s/he may choose not to identify as a police officer. If the desire is to search the house, or to arrest someone, the ...
David Siegel's user avatar
2 votes

Negligent supervision in a Canadian graduate university program - legal remedy?

This is a matter of contract law, so that's the kind of lawyer you want, but since universities operate under federal charter (except for University Nuhelotʼįne Thaiyotsʼį Nistameyimâkanak) this ...
user6726's user avatar
  • 215k
2 votes

Why are some complaints accompanied by affidavits by the Plaintiff parties verifying the complaint's accuracy?

There are several reasons to verify a complaint (i.e. to swear that its factual allegation are true). 1. This is required for certain kinds of claims in certain jurisdictions as a matter of statute ...
ohwilleke's user avatar
  • 218k
2 votes

What plaintiff Pro -se can do if a Federal judge in civil personal injury case denied all her requests for subpoenas?

Follow the rules Every court has their rules of civil procedure- if you don’t follow them you don’t get what you want. In addition, rules of evidence specify what is and is not admissible (and ...
Dale M's user avatar
  • 211k
2 votes

Why is a jury trial more often used in criminal, rather than civil trials, in many countries?

Jury trials in common law jurisdictions are simply a fact, and don't need or get justification. Jury trials are ancient. In England the Scandinavians had an assembly, the þing ("thing") for ...
user6726's user avatar
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