Questions tagged [remedies]
20 questions
30
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What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
Police shows up on a residence's front door, starts encounter with resident. Resident decides to end consensual encounter, and asks officers to leave.
Officer decline to leave and put foot on the door frame to stop resident from closing door.…
Mindwin Remember Monica
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Are there any remedies for abusive or insulting behavior by agents executing a search warrant?
Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up with a search warrant for the residence. Is there…
feetwet
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Is there any remedy for unnecessary insult by police in the course of their lawful duties?
Following up on Are there any remedies for abusive or insulting behavior by agents executing a search warrant? the more subtle question needs the following elaboration:
My impression is that as far as the law is concerned there is no such tort as…
feetwet
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9
votes
1 answer
Declaration of intent to breach as cause of legal action
Say that "James" does work under a valid nondisclosure agreement. During an argument with his manager, he declares that he intends to leak information covered by the NDA.
Is there anything the employer can do to preemptively stop him, or must it…
In Hoc Signo
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What remedies are there if it was subsequently discovered that a witness lied at trial?
Suppose this is a tort case (my understanding is unlike a criminal case there is no double jeopardy in tort cases), where a plaintiff was suing a defendant for a lot of money in a tort.
A witness testifies that s/he was with the defendant at the…
Libra
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5
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Can a dispute resolution clause be set aside?
In relating to an international contract that includes a provision that in 'All dispute in relation to user agreements will be referred to California by Arbitration
My question : If the disputes also involves an offence or a breach of law in a…
snowball
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5
votes
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Obligations of an organization following an inappropriate/unmandated solicitation of service?
Introduction/Scenario:
Suppose an organization—charitable, for-profit or of any other category—solicits some product or service from a provider or manufacturer. Work is done by the provider, but the organization then notices or decides that the…
einpoklum
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votes
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Use of Microsoft Trademark in Product Name
I am developing Add-Ins that extend Microsoft Office applications with additional functionality.
As such, I am looking for product names to advertise these Add-Ins.
Here's a very crude example of two such Add-In names/logos - one for Project and one…
JDR
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3
votes
4 answers
Do courts declare acts of the legislature unconstitutional?
Do courts declare acts of the legislature (or Parliament, etc.) unconstitutional?
Jen
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2
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Tort - standard of care
My question is to do with the case Nettleship v Weston - I am having trouble agreeing with Denning's judgement in that a learner driver is required to drive the standard of a reasonably competent driver. Surely the learner driver is not up to the…
Anona anon
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2
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When parties settle without going to court, what prevents from suing for same thing?
Say party X wants to sue party Y for $500 in damages. If, after some negotiation, party Y agrees to pay party X $400 if they don't go to court and make things quick and easy and party Y agrees. What would prevent from party X taking the $400 then…
Smith
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What remedies would be possible/likely in a successful defamation suit?
This question is related to another one I asked recently: Is it true that a suit of defamation could require "very little effort"?, so please review that one first -- thank you.
Let's say that someone brings a successful defamation suit. What…
aparente001
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Suits: How can Simon Lowe, with Daniel Hardman, sue Harvey Specter in connection with the doctrine of unclean hands?
In the last 2 episodes of Suits Season 8, Simon Lowe sues, via his attorney Daniel Hardman, Harvey Specter for breaking privilege.
What happened was the lawyers Harvey Specter and Alex Williams who both work at the law firm…
BCLC
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Is overselling breach of contract or mistake?
Where does overselling stand in terms of contract law?
Say Bob runs a record store. One day, Pete pops in and asks for a specific rare CD. Bob does not have it but his friend Rob does, and Bob is super sure he can persuade Rob to sell the CD to him.…
Greendrake
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What is the remedy in First Ammendment cases involving city councils?
City councils in the United States routinely try to ban or censure criticism of other individuals ("personal attacks") during their deliberations. For example, in some cases chairs have gavelled down council members who attempted to criticize some…
Cicero
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