45
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
united-states
But what is that legal reason? Why would an organization not be able
to state their position with respect to the issue, such as "We believe
we acted correctly, but this will be ...
- 186k
42
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 ...
- 192k
39
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 ...
- 186k
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 ...
- 192k
20
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-...
- 4,696
19
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, ...
- 55.8k
14
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 ...
- 206k
14
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
common-law
Yes, the legal reason is called sub judice.
The US seems to be less bothered about it due to the First Amendment, but in the rest of the common law world (UK/CA/AU/NZ etc.) publicly ...
- 24.5k
12
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. ...
- 112k
12
votes
Can you sue your own business?
Yes
Unless your business is a sole proprietorship it operates as a legal entity seperate from its owners.
It owns its assets an acrues its own liabilities. It can be sued and it can sue others. It can ...
- 4,682
11
votes
In a civil trial, can a party “call” its opponent’s witnesses in making its case?
ontario
Any party may call a witness that has relevant evidence (Rules 53.01 & 53.04). There is "no property in a witness" (see also Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 ...
- 36.5k
9
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 ...
- 6,315
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 ...
- 8,368
8
votes
Can you sue your own business?
Yes
The company doesn't even have to be negligent: workers' compensation is typically strict liability.
More generally, if the company does something to you which gives you grounds to sue, you can sue....
- 192k
7
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 "...
- 12.2k
7
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 ...
- 192k
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 ...
- 159
7
votes
Accepted
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 ...
- 112k
7
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
It can be a bad idea in germany
While it is not illegal to speak about the own ongoing litigation, talking about it can be very ill-advised:
News articles are usually not admissible as evidence in ...
- 31.4k
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 ...
- 186k
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 ...
- 1,274
6
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, ...
- 1,058
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 ...
- 45k
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 ...
- 186k
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 ...
- 1,594
6
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, ...
- 31.4k
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 ...
- 45k
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 ...
- 112k
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 ...
- 51
Only top scored, non community-wiki answers of a minimum length are eligible