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Questions tagged [common-law]

For questions regarding English common law, or legal systems based on judge-made law descended from it.

English common law is a legal system developed through the decisions of judges, using the decisions in similar cases to establish precedent.

The legal systems of England, Ireland, Australia, Canada, and the United States are based strongly on English common law, with other countries of the former British Empire adopting it to some degree.

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Why do many "No Trespassing" signs say "POSTED"?

Many "no trespassing" signs say "POSTED" in large letters at the top. Why? Obviously, the sign is posted; that's the whole purpose of a sign. To me, it makes as much sense as putting "ASKED" at the start of a Stack Exchange question or "TEXTED" at…
Someone
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Is it a real legal principle that any ambiguity in a contract is interpreted to the benefit of the side that did not write the contract?

I have heard that there is a legal principle where any ambiguity in the contract is interpreted to the benefit of the side that did not draw up or suggest the contract text. This was presented to me somewhat anecdotally, but sounded reasonable - so…
i_prob_should_know_this
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How to prove I live in a specific address?

https://www.flhsmv.gov/ddl/address.html I need to provide proof of address for the DMV, but the process can be difficult because: I live with someone else; I do not pay rent/utilities; and they will not assist in the process. The Florida DMV asks…
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Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?

Lets say I want something to happen but doing it directly would be a crime. This is one crime that requires intent or mens rea. So I hunt down an innocent third party, someone naïve, perhaps even a child, and I tell them they should go do some…
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Is there a cause of action for intentionally destroying a sand castle someone else has built on a public beach?

Person A went to a public beach early in the morning and spent 8 hours building a magnificent castle from sand. A had to dig out lots of sand, and overall it was really physically exhausting. The overall effect was wonderful though, the castle was…
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When does silence imply consent?

Does the saying qui tacet consentire videtur (silence implies consent) carry any weight in civil litigation? For example, suppose that Alice emails Bob, "When I began work we agreed that the rate was $100/hour." Another email from Alice to Bob…
feetwet
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In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal?

If I understand correctly, (a) under common law, theft requires an intent to permanently deprive the owner, and (b) legal tender only applies to debts, not purchases. B is the reason why stores do not have to accept cash. However, if I take goods…
Someone
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If a friend hands me a marijuana edible then dies of a heart attack am I guilty of felony murder?

The title is sort of asks the full question, but to elaborate. Presume I've previously been arrested for marijuana possession, in which case my possession of the marijuana would constitute a felony. Since my friend gave me the marijuana he would be…
dsollen
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Why are jurors still asked to apply the law if their primary role is to find facts?

Why do juries get asked whether the defendant is guilty or not instead of simply whether certain alleged facts took place? Say Rob is being tried for the murder of Bob, but there's also a possibility of manslaughter. Within the existing system, the…
Greendrake
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Is a weapon still considered concealed if I prominently advertise its existence?

Suppose I carry a weapon that's perfectly hidden from view, so that no one would know I had it if I didn't tell them. However, I also wear a t-shirt with big, bold text printed on it: "I AM CARRYING A CONCEALED WEAPON" Does the law still consider…
Purple P
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What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Abdul’s news and wine gets a delivery of the next day’s papers overnight and he then puts the stack of unsold papers out on the pavement before closing for the publisher to collect and then destroy. When the papers are current, they are sold for £3…
TylerDurden
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How to "withdraw consent" without implying consent was ever given?

Privacy policy often states that one can "withdraw consent" to the collection, use and disclosure of personal data. Unfortunately, it is often the case that consent was given to the collection, use and disclosure of personal data for a particular…
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Has a common law defence ever held water?

The UK is a common law country. It is a widely held belief of many people that statute Acts of parliament (i.e. most 'laws') only apply with the "consent of the governed"; and that one may be a "free man of the land" or a "Scottish Sovereign". They…
Danny Beckett
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How willing is the US Supreme Court to declare itself wrong?

In comments on this answer User Suprcat wrote (in part) I think a big problem is that Marbury v. Madison has been applied in a way that ignores a major caveat: a court's job is to say what the law is, which means that if the court is properly doing…
David Siegel
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Can someone more wealthy than me bury me in legal fees?

USA Federal Law - I have a company worth about $6m. I got on the bad side of a person with a company worth well over $750m (with attorneys on staff). The CEO threatened to bury me in an endless sea of frivolous lawsuits, so that I'm essentially…
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