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11

The police officers themselves are covered by Qualified Immunity - to put it briefly, a government official acting in their official capacity in a discretionary act (as in, they have some discretion in whether/how they carry out the act) is immune from suit so long as they pay reasonable deference to relevant law. In the case of the police, so long as the ...


9

Yes. Money damages can be awarded in this circumstance and would likely be awarded if the infringement was found to have occurred and not to have been fair use. Even in the absence of proof that any profits are made, there are statutory damages that can be awarded on a per offense basis for copyright violations, and trademark cases in addition to having ...


8

Similar to this question and this one, the Uniform Commercial Code requires that exclusion of warranty be conspicuous. While it does not specify the manner in which text should be made conspicuous, putting it in all caps certainly has that effect if the surrounding text is in sentence case. The meaning is that all products come with implied warranties of ...


6

You can sue your cat. The proper question is "Do I have an actionable claim?" Use your state's consumer protection laws: Namely, send certified return receipt letter to the collection company disputing the debt. Then, if the collection company does ANYTHING (calls you, sends a letter) after your proper notice of dispute of the alleged debt, then each act ...


6

The First Amendement of the United States Constitution protects the right of an individual's freedom of association from government interference as one of the five protections in the First Amendment. Association generally means your ability to keep your own company, be it friendship, business associations, romantic partners, and online buddies. There is ...


6

When the matter is final (no more appeals), the winner in the suit will request a writ of execution to collect whatever is owed. This may involve seizing a person's cash, car and so on. There are limits to what can be seized (some things are exempt by law), for example they can't outright seize a person's home. However, they can put a lien on it, meaning ...


4

If he is a professional engineer, then he is almost certainly (supposed to be) licensed and insured. You could probably recover damages simply by reporting them to his insurer. Also, some states have insurance pools that provide for claims against professionals that they license.


4

In New Zealand, employers have a duty to take all practicable steps to ensure their workplace is safe for employees and for others who come onto the premises (Health and Safety in Employment Act s6). So if there was a wasp nest and they didn't do anything about it, presumably they would be liable. If it was a random bee, I doubt they would be liable, because ...


4

Here's the thing: if the plaintiff/appellant/claimant are the same legal entity as the defendant/respondent, it's plain to see that one of them must lose. For instance, consider a case where two trains operated by the same corporation collide. Assuming that the drivers both performed their duties, the company is vicariously liable – such a case is ...


4

Maybe, but it is not an easy thing to do. See MARSH v BAXTER [2014] WASC 187. To be successful the plaintiff would need to prove a failure to observe a duty of care (which would be difficult if regulations on GM crops had been followed) and some actual damage flowing from it.


4

One reason is that in a German civil suit, the cost for lawyers and for the court (court isn't free) is set according to the value that the parties are arguing about, which would be the value that one party demands, minus the value that the other party is offering to pay. Then the cost is divided between winner and loser according to the percentage of the ...


4

If you sue a person for a tort X, one of the things you have to prove is that the defendant did do X. A baseless belief that it must have been so-and-so will do you no good. You do not have to have iron-clad evidence of your allegations, for a civil suit, but you have to show with a preponderance of evidence that the claim is true. A combination of "hates me"...


4

Yes. Even if you didn't profit from the violation, the company may have incurred losses because of it (e.g., lost sales because somebody was giving away copies of their product for free).


4

In all but a few U.S. states the answer is that you are not entitled to any compensation. This is grossly unfair, but is the dominant rule by far in most jurisdictions in the U.S. As a matter of legal doctrine this is justified on the grounds that a criminal prosecution requires proof beyond a reasonable doubt, and many people who are actually guilty may be ...


4

Based on other questions you have posted, I will assume you refer to some jurisdiction in the U.S. Is Joe allowed to refuse this offer and go to court anyway? I wonder if this is legal since it may seem as though Joe is not interested in the actual amount but simply is interested in the fight and/or defaming the corporation. Yes, it is legal, ...


4

You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is much the same as if the other person is uninsured or under insured. Your p[olicy must cover things. And your policy has a deductible. So you have to pay the ...


4

The amount requested has little or nothing to do with the amount, if any, eventually awarded. Once can sue "for 100 million dollars" and be awarded 100 dollars, and although it is rarer, one can be awarded more than the amount asked for when suit is field. That initial amount now serves as a peg to hang sensational news stores on, and nothing more. The ...


4

You certainly can claim whatever you want. Will you be granted it though? Time is money indeed, and replacing the damaged items requires some time not just items themselves. The question is how much time and at what rate? Your duty will be to mitigate the damages and so to minimise the time and its cost. Will your normal hourly rate be applicable? Only if ...


4

What happens in that situation? Available assets and income that aren't exempt from creditors (O.J. Simpson's trophies come to mind) are collected and the rest isn't collected and accumulate's post-judgment interest. Sometimes judgment creditors will try to continue to collect a debt from meager future income after all non-exempt from creditors assets have ...


4

Possibly. I am analyzing this issue under generally applicable, majority, common law rules of law (applicable in the U.S. (except Puerto Rico and Louisiana) and in most countries that are or were part of the British Commonwealth), when not modified by statute or regulation. If there is a contract regarding what is to be done, the measure of damages is "...


3

Common law countries (like the USA) recognise the concept of punitive damages for torts. Civil law countries (like Europe) don't.


3

I can't speak directly to South African law. I am an American (but not a lawyer). Much of the relevant American law is derived from English common law, and I will assume for the purposes of this answer that this is true for South African law as well. In this example, you lent a car to a friend, and from the sound of it, primarily for the friend's benefit. (...


3

This is called a bailment. There is a pretty general outcome. First, I will discuss bailments. To get to the meat of the answer skip down to the horizontal break. Here is some info from a Maryland case. I omitted citations and added emphasis. Danner v. Int'l Freight Sys. of Washington, LLC (D. Md., 2012) Maryland is a state which may honor the fine print. ...


3

Here is a 1999 report on the topic. It has actual figures and a brief description of dozens of types of emotional damage award amounts. Along with complete case citations for further research. There are about 30 different categories and the amounts range from about $25,000 to $300,000. It's not a comprehensive answer to the question. But at least it can ...


3

That waiver for the martial arts class is a contract. One can attempt to negotiate any contract and change the terms to one's liking. It is unlikely, however, that a martial arts studio is going to want to negotiate the terms of their waiver of liability on a student-by-student basis. This will probably leave prospective students with a choice of accepting ...


3

No. You are a "person of interest" in a criminal investigation based upon a bona fide reasonable suspicion, even though they lack probable cause, and the government has not threatened to say anything that isn't true, so you have no cause of action against the government. You might have a claim against the school or your employer for wrongfully firing you (...


3

What happened is that you created a legal mess. You are obviously on the hook for copyright infringement. The maintainers of the project will scramble to replace your code with newly written code. They will likely ask your company which code they are complaining about - that puts your company into the problematic situation that they shouldn't identify code ...


3

There are lot of different ways a court could calculate damages -- the amount Matt was promised, the amount he ended up behind in reliance on that promise -- but I'd expect that the damages would be the difference between what was contracted for and what he actually made on whatever work he ended up doing instead of the garage. It's practically ...


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