38
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
Yes, your best bet for immediate relief is to call 911 and ask for a supervisor. Generally speaking the police are not legally obliged to explain themselves to you on the spot. They are obliged to ...
- 3,688
28
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
You Can Beat the Rap, But You Can’t Beat the Ride
The best you can do is to tell the officers you do not consent to a search or their presence on your property. You must comply with their direct ...
- 379
22
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
This answer is based on standard ACLU advice. The ACLU is the American Civil Liberties Union, the pre-eminent civil rights organization in the USA. Their lawyers understand statute and case law ...
14
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
Start video and audio recording (check if that's legal in your state, but AFAIK it is in most) and clearly repeat your statements. Inform them that you are recording the encounter and that you believe ...
- 765
13
votes
Accepted
Declaration of intent to breach as cause of legal action
Anticipatory breach of a fundamental term of a contract provides the other party the immediate right to forego any futher obligations on their part, and also an immediate cause of action (Central ...
- 72.7k
10
votes
Accepted
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 ...
- 240k
7
votes
Accepted
Can a dispute resolution clause be set aside?
The clause refers to what might be a lawsuit, which can be adjudicated in appropriate government courts (cf. the choice of law clause), but instead would be submitted to an arbitrator. The contract ...
- 217k
6
votes
Can a dispute resolution clause be set aside?
No
Arbitration clauses are not just part of a contract, they are a contract in their own right: they can be upheld even if the arbitrator ultimately decides the contract they are in is invalid. This ...
- 227k
6
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
Unless you think you're able to compel them to follow your rules, you're really best off following theirs.
I believe in the policy of, "don't make a rule you can't enforce".
Ultimately they'...
- 177
5
votes
Do courts declare acts of the legislature unconstitutional?
Judicial Review Of Legislation
Judicial Review In The United States
U.S. courts have done this since at least the U.S. Supreme Court case of Marbury v. Madison in 1803, described in detail in this Law....
- 240k
4
votes
Do courts declare acts of the legislature unconstitutional?
germany
While regular courts cannot legally determine the constitutionality of a law, they must still consider it. If they deem a law unconstitutional, they ask the constitutional courts (of the ...
- 6,548
4
votes
Use of Microsoft Trademark in Product Name
Rather than saying "for Project®" which might fairly be interpreted to indicate an affiliation with Microsoft, you ought to say something like "intended to be compatible with Project® (not affiliated ...
- 240k
3
votes
When parties settle without going to court, what prevents from suing for same thing?
But even then, to my understanding, a contract can't prohibit a party
from seeking legal remedies.
You are mistaken. A contract settling a bona fide dispute regarding people's legal rights can ...
- 240k
2
votes
Accepted
Remedies: Take back shares for 100 USD?
No, a bond is a guarantee of performance of one party to a judgement. It's effectively meaningless in this context because it's a very low value. If you lost the case when they sued you, this is a ...
- 9,245
2
votes
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
The Fourth Amendment of the Constitution protects American citizens from unreasonable search and seizure. It guarantees the right for people to feel secure in their “persons, houses, papers, and ...
- 5,515
2
votes
Do courts declare acts of the legislature unconstitutional?
canada
Yes. In interpreting a law alongside section 52(1) of the Constitution Act, 1982, courts have the power to issue "declarations of unconstitutionality." This of course does not remove ...
- 72.7k
2
votes
Accepted
What is the remedy in First Ammendment cases involving city councils?
Here is a concrete example of such a petition. The demands, at the bottom of the petition, are
a) Find that the Defendants deprived Ms. Barron of her state
constitutional rights; b) Enter an award ...
- 217k
1
vote
Do courts declare acts of the legislature unconstitutional?
france
Yes, there is a single court in France which can do so
The only authority that can rule unconsitutionality is the Conseil Constitutionnel
The Council cannot raise issues themselves (except in ...
- 2,157
1
vote
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
You must absolutely unambiguously withdraw consent for the search. Closing the door is not unambiguous. Gestures are ambiguous, typical polite language "I don't think I want to continue this"...
- 217k
1
vote
Remedies: Take back shares for 100 USD?
The parties waive the posting of any bond or surety prior to the issuance of an injunction hereunder. In the event a court refuses to honor the waiver of bond hereunder, the parties expressly agree to ...
- 7,283
1
vote
What remedies would be possible/likely in a successful defamation suit?
Defamation is a tort1
It has all the remedies available to any tort. The typical ones sought are damages and an injunction requiring the defamer to issue an apology.
Of course, the parties are free ...
- 227k
1
vote
Accepted
Implied-in-Law vs Quasi Contract
"Quasi contracts" and "contracts implied in law" largely refer to the same thing, as far as I'm aware. For example,
The law recognizes two distinct types of implied contracts; namely, contracts ...
- 1,140
1
vote
Suits: How can Simon Lowe, with Daniel Hardman, sue Harvey Specter in connection with the doctrine of unclean hands?
The ‘clean hands’ doctrine only applies to equitable remedies, not remedies at law.
Breaking confidence is, in this case, breach of an implied term of a contract. It is also a tort and this might be ...
- 227k
1
vote
Accepted
Is overselling breach of contract or mistake?
It is a breach. It is a mistake. The contract is not voidable based on the mistake, because it is a unilateral mistake and the breaching party bore the risk of that mistake.
Pete can sue for damages:...
- 61.8k
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