41 votes
Accepted

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

Repeating a defamatory statement is itself defamatory This is known as the repetition rule and is illustrated in Brown v Bower & Another [2017] EWHC 2637 (QB). In essence, the "local news ...
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  • 151k
38 votes

Why does the U.S. have much higher litigation cost than other countries?

Litigation Costs v. Liability Insurance Cost It is worth noting that what the Institute for Legal Reform, a tort reform lobbying group, is stating, is not that the U.S. has "higher litigation ...
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  • 134k
33 votes
Accepted

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

Just like every other contested assertion They hear the testimony (evidence-in-chief, cross-examination, redirect), look at whatever physical evidence and submissions on the law that the party wishes ...
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  • 151k
19 votes

Can the jeopardy of being judged be fought against in court?

In some jurisdictions, California probably being the most well-known in the US, there are Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes, which allow a defendant to file an anti-...
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13 votes

Does ability to impeach an expert witness on science or scholarship go too far?

Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the ...
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  • 160k
11 votes

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

If the article on the "local news site" was false, or cannot be proved true and if it harmed, or was likely to harm, the reputation of the alleged scammer, it was probably defamatory. ...
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  • 92.7k
10 votes
Accepted

Why are Roe v Wade and Planned Parenthood v Casey abbreviated as Roe and Casey?

There isn't any kind of legal reason for the distinction; it's just a matter of custom and convenience. The normal rule is that you would shorthand a case name by referring to the first-named party, ...
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  • 44k
8 votes

Can the jeopardy of being judged be fought against in court?

TL;DNR: YES! A "motion to dismiss" a suit asks the Court do exactly what you say. It asks the Court to dismiss the suit as legally invalid, even if the facts alleged in the suit are correct. A ...
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  • 7,987
8 votes

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

Jurisdiction: england-and-wales I'm posting this to add to the other answers, so I won't go into details on the defence of truth other than to say that in England and Wales this can be found in ...
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  • 4,346
7 votes

What resources are available to a pro se litigant?

As a pro se litigant, you have the same power as an attorney to prepare your case. What is that power? Subpoena power. That is the power to compel witnesses to appear and give testimony. Along with ...
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7 votes

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

It is not unusual for there to be expert witnesses (potentially on both sides with opposite conclusions) on the subject of handwriting analysis testifying on matters like this. They will go over ...
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  • 159
7 votes

I want to transfer ownership of my AI startup LLC to my AI. How would this change the legal / corperate dynamics (litigations, taxes, etc)?

You can't You are asking the analogue of "What happens when you start a game of chess with the black queen on D1?" and the only correct answer is "That is not a legal starting position, ...
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  • 13.8k
7 votes

Could you sue God?

United States ex rel. Gerald Mayo v. Satan and His Staff 54 F.R.D. 282 (W.D.Pa. 1971), was dismissed because the petitioner failed to provide directions on how to serve Satan, and because of doubt ...
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  • 92.7k
6 votes

What resources are available to a pro se litigant?

If you want to bring a 1983 suit, and you can't afford or don't want to pay a lawyer, your best resource is to contact a lawyer who will represent you for free. There are civil rights and advocacy ...
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  • 5,587
6 votes

Under what circumstances do civil cases go before juries in the U.S.?

A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances is a civil case likely to go to a jury trial, and under what circumstances can a party either ...
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  • 134k
6 votes

What resources are available to a pro se litigant?

I fully agree with Chapka that this would be inadvisable. That said, there are lower cost legal research options, especially since this is in Federal court. First, before alternatives, there may be ...
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  • 1,206
6 votes

Laboratory Test Reports: Disclaimer in test reports prohibiting use as evidence in legal proceedings

Can a party unilaterally prohibit any of its output from use as evidence in litigation? The disclaimer is not really a prohibition, but a warning against relying on the underlying report or product ...
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6 votes
Accepted

Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount?

Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount? Say a defendent owns land worth $200,000. The defendant lost the case and has to pay $9,000. He ...
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  • 134k
6 votes
Accepted

Why did Justice Antonin Scalia advise not talking back to judges, not even politely?

It is a joke to illustrate the advice that just because the judge is rude to you you should never be rude back, and definitely not with a subtle rudeness couched in polite terms. In British English if ...
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  • 1,565
5 votes

Under what circumstances can a low/midlevel employee be personally sued for a corporate act?

The fact that the employer has vicarious liability for acts of its employees "within the scope of employment" does not mean the employees are not also liable for their own acts. In reality, however, ...
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  • 1,043
5 votes
Accepted

Can I sue a Canadian company in the USA?

You can try, however, a US court when considering if it has jurisdiction will doubtless ask you to explain why a Canadian business wants to sue a Canadian company for an unpaid debt in Canadian ...
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  • 151k
5 votes

Can a party argue they did not know a contract was changed before signing it?

if a manager emailed an prospective employee a contract containing the pay rate of $20/hr, if the prospective employee crossed out $20/hr and replaced it with $25/hr, then went to work and gave ...
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5 votes

My friend borrowed money but does not want to pay back. It was a 'buddy promise' with no pay back time stipulated

If you had an agreement that amounts to a contract, it is binding even if it was informal. However, if your agreement was not in writing, it might be hard to prove. You can easily prove that you ...
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  • 92.7k
5 votes

Why did Justice Antonin Scalia advise not talking back to judges, not even politely?

In the context, I believe Justice Scalia is said that it is better not to make a sarcastic comment or retort to a judge in the case that you are working on. The comment doesn't contain profanity or ...
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5 votes

I want to transfer ownership of my AI startup LLC to my AI. How would this change the legal / corperate dynamics (litigations, taxes, etc)?

united-states assuming I went ahead and filed for ownership transfer and my application was accepted At least in the U.S, there is no external body to whom you apply for an ownership transfer, and ...
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  • 134k
4 votes
Accepted

What is the likelihood that you would win a case of defamation if you cannot prove who sent it?

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 ...
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  • 160k
4 votes
Accepted

How to mention a possibility of litigation/prosecution without accidentally making a "demand with menaces", in English criminal law?

It is the use of a "menace" which creates the crime, not the nature or validity of the demand. That's not correct. You've inadvertently missed the other element of the offence: that it's an "...
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  • 5,543
4 votes
Accepted

Is the formalism "I put you on notice" important, in UK law, or can a less formal wording be equivalent?

The language "I therefore place you on notice that" in your proposed missive is superfluous and adds nothing that is legally relevant. Flourishes like that are common among former paralegals, court ...
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  • 134k
4 votes
Accepted

How do I tell if a settlement offer is good enough?

The expected value formula involves multiplying the estimated dollar amount of each possible outcome by the estimated probability of that outcome adding up the result for every possibility. The ...
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  • 134k

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