Questions tagged [civil-penalty]
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Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?
Bob buys a car that meets the "lemon-law" presumption of California's lemon laws; to collect civil penalties for non-willful violations, he needs to serve a notice on the manufacturer. But the manufacturer is already represented by an attorney who…
HJay
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Can a driver "demand" a blood test in Alabama?
Context
I understand that, in most states, you more or less must* consent to a chemical blood alcohol content test if arrested on suspicion of DUI.
In Alabama specifically, the law states (emphasis added):
The law enforcement agency by which such…
JamesTheAwesomeDude
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Japan: Civil Code (Act 89 of 1896, Act 44 of 2017): Where are penalty scopes described?
Civil Code of Japan is described in Acts 89 of 1896, I am not sure why there is dual reference, probably it was mended in 2017 under Act 44. I.e. the Civil Code of Japan, most part of which is description of contracts, and seller-buyer…
Asdf
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Who decides about civil penalties and punitive damages if a suit defaults on the defendant’s failure to respond to a complaint?
If in a lawsuit a plaintiff seeks punitive damages or civil penalties or both, it is within the sole discretion of the jury to award them, and the only duty the court is tasked with in the determination of its extent is to provide Constitutional…
HJay
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Is there any case law that sets the minimum amount in controversy to the minimum amount permissible to settle in class actions?
There, of course, are such a compensatory-to-punitive damages ratio principle — even if merely in the form of fairly complex guideposts for e.g. the BMW guidepost, the just less-less-than-10x of Johnson v. Ford, etc. because it is within the…
kisspuska
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