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38

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 cost" than other countries. They are financed mostly by businesses that have to pay liability insurance expenses and are motivated in their analysis to come ...


21

There are a very few government surveys which it is a crime to lie in responding to, most notably, census related surveys. Proving that a representation is false with respect to some questions (e.g. race or nationality) are challenging to prove and the subject of lots of hypothetical discussion. But proving misrepresentation with respect to other matters (e....


16

Is lying on a survey illegal? An intentional misrepresentation is actionable to the extent that (1) it causes harm, and (2) the surveyor's reliance on those representations is justified. The latter implies that the surveyor ought to make a judicious use of the information available: the surveyed person might not have been duly informed of how his answers ...


10

It depends on the purpose for lying and the jurisdiction. If there are any unfair or fraudulent advantages be gained by lying then it might be unlawful. A hyperthetical example: those employees with an allergy may get a payrise to cover the cost of their medication or the employer may pay for add-ons to their health insurance. Someone who falsely claims ...


8

There's always civil action possible; "assault and battery" has a civil variant as an "intentional tort" Civil assault and battery are torts. A tort is a wrong committed by one person against another, causing damage. Specifically, civil assault and battery are intentional torts. [...] Intentional torts are torts that are committed on ...


5

Generally speaking, under US law, the victim or alleged victim of a crime cannot force a prosecution. Police and prosecutors have wide discretion on which crimes to prosecute. Even if it is clear that a crime has been committed, there is usually no right to have police or court action. If officials think that the public interest (or their own interests) ...


4

No. Twitter is traditionally a platform, not a distributor or a publisher. Blocking linking is not editorializing like in a publisher. They don't act as an editor in mounting warnings or deleting posts, they enforce their rights under the Communications Decency Act, Section 230 (emphasis mine): No provider or user of an interactive computer service shall be ...


4

They have the same standard of proof but different onus The legal system places the onus of proving an allegation on the person making the allegation. For your example, this is A if they are suing B or the government prosecutor if B is being prosecuted. The standard of proof is “beyond reasonable doubt” if B is defending a criminal prosecution and “balance ...


4

Start with the premise that Person A has so far engaged only in speech, which is presumptively protected by the First Amendment. So unless the speech is for some reason unprotected, the police should not involve themselves. This of course begs the question of whether this speech is protected. The First Amendment does not protect "true threats," ...


4

A case for negligence or some other tort would likely never reach the stage where we could answer this question, as lawyers are generally immune from suit for their litigation conduct. I don't know of any case with facts likey you've described, but my understanding is that the litigation privilege precludes virtually any tort action based on a lawyer's ...


3

The author of a text or essay may cite in whatever order s/he thinks best. It m,ay be that a basic text gives a better and clearer overview than any actual case, and so is worth citing first. It is true that actual case law is often more authoritative than a statute, and cases and statutes are normally more authoritative than any text or essay, but there is ...


3

There is no fraud for breach of contract That is, except in highly exceptional circumstances where the guilty party acted deceptively and dishonestly to obtain a benefit or cause harm - the landlord must have knowingly never intended to make good on their promise rather than simply failing to do so. There is a difference between a warranty and a ...


3

The first thing it depends on is where you live. The US has no law requiring niceness, but perhaps niceness-enforcement exists somewhere in the world. The second thing it depends on is exactly what he does, where and how. If he comes into people's houses uninvited and starts harassing them, that is generally a crime. If he makes nasty remarks to people ...


2

No (some states, US: North and South Carolina, Michigan, Wisconsin, other states). English common law often gives way in the US to statutory developments. South Carolina Code of Laws §15-82-10 holds that "A possessor of land owes no duty to a trespasser except to refrain from causing a wilful or wanton injury". An exception is made for "...


2

Yes australia Occupiers Liability The law recognises these categories of visitors: Contractural - people who pay to enter. Invitees - which are not people you invite despite the name; they are people whose visit will bring an economic benefit to the occupier, customers in a shop for example. Licensees - people who don't bring the occupier economic advantage,...


2

This is an interesting hypothetical. Depending on exactly what happens, you could be committing one of two torts, fraud or nuisance. Fraud: If your stunt causes homeowners to panic and sell to you at a lower price because they fear the homeless are moving into their neighborhood, you have committed fraud. This is fraud because you have a) misrepresented the ...


2

Strict Liability This means that a defendant is liable for committing the action and it does not matter what his mental state was nor what he intended to do when he committed the action. Easy examples are possession of narcotics (you have them, it doesn't matter what you were going to do with them, you're liable) or statutory rape (it doesn't matter if she ...


2

In Germany, a motor vehicle owner has strict liability without regard to fault for personal injuries caused by use of the owner's motor vehicle pursuant to Section 7 of the Road Traffic Act (also known as the "StVG"). This states (with some modifications from the translation linked to be more natural in English legalese): § 7 Liability of the ...


2

This is an academic essay; not a legal argument The things that a law student would cite from a textbook are so fundamental and non-controversial as to mostly “go without saying”. Between plaintiff, defendant and judge this would be such background knowledge that it might not even be mentioned, let alone cited.


2

According to the NBC news site: "Federal law provides that anyone who refuses to answer or willfully neglects to answer any of the questions in connection with any census or survey shall be fined a maximum of $100, or a maximum of $500 if the person gives false information." The Census Bureau conducts the American Community Survey as its primary ...


2

In journalism there is no legal binding solely to the phrase "off the record". This is more about journalistic moral integrity than it is about legal binding. Can this open the reporter up to a tort case? Sure, but it would be a difficult case to win, especially if the original person were quoted.


2

In a word: Discovery. Discovery rules in the US allow for very broad requests for production from the opposing party and generally seek to require production of all relevant documents to a case. Many other countries, such as the UK tend to limit disclosure "to that which is necessary to deal with the case justly" CPR 31.5(7). You'd think just ...


2

It depends what the question is. If it refers to the future, as in how will you vote in the forthcoming elections, then it is impossible to lie about the future. As someone once said you must have a laser focus on the question. The explanatory notes for the UK Census say You must complete the census by law. If you do not, or if you supply false information ...


1

In the US at least, a response to a survey (verbal or written) is a form of speech. You can't be generically compelled to give accurate, truthful answers to all surveys you'll ever encounter. Certain official government surveys (the census, etc) are sufficiently important to justify mandatory truthfulness, but that list is rather short and those surveys ...


1

“Eggshell skull” comes into play if you do something that is illegal, but the effect is much worse than you would expect due to the nature of the victim. For example, you punch someone not very hard, but they die because some illness caused them to have a very thin skull, where most people would have just walked away. It’s murder, even when punching someone ...


1

While I would say that I would find issue with the line of questioning about the man's feelings on interratial romance, this line of questioning would be objectional not illegal or negligent. There is nothing criminal or wrong in asking them in cross-examination that would rise to having the Eggshell Skull rule come into play. As stated, the question ...


1

I would guess that there is no threat. A test that is often used is "clear and present danger." There appears to be the possibility of trouble "down the line," but is no "clear and present danger" here. A mere "possibility" of a future offense is probably not an offense in and of itself (anyone can get hit by a car ...


1

There has been no change in the law since the May 28 executive order on section 230. The Sec'y of Commerce in consultation with the DoJ were ordered to file a petition for rulemaking with the FCC, requestion the FCC to propose clarificatory regulations. This was done, see here. The topic of the rule making is about the interpretation of the statute – you can ...


1

I would consult a lawyer. And show him/her the video and audio records, etc. Because the lawyer is likely to tell you one of two things: The person's behavior is fundamentally "criminal," and it's only a matter of time before s/he commits an actual crime. The lawyer might then advise you to notify the police so that they know that this person is a ...


1

If a good is stolen, does the previous possessor have an indefinite immediate right to possession of that good? (Until it's returned) No. In all jurisdictions, civil claims (including torts) are subject to statutes of limitations. For example, in new-south-wales, this is covered by s21 of the Limitation Act 1969. The specific tort here is detention of goods ...


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