Law Questions and Answers

Do you think it's celebration that you can be sued in civil court even though you be acquitted contained by criminal court

I think it's not.
I contemplate if you are found Not Guilty in crimminal court than a)that's it you can not be sued for like peas in a pod crime or b)the burden of proof shoul be made the same as a criminal trial



What do you reflect?
Answers: I agree with you, J.S.
Yes, even surrounded by O.J.'s case, where on earth even though the jury found him not guilty, I'm convinced that he did it.
But consider a case that isn't burdened next to the same smooth of controversy as O.J.'s, let's say someone who be accused of a crime but really is innocent, and the jury decide in his favor. I without doubt don't think it would be equal for someone to bring a civil suit against that person, but nearby are people who would do that. In this hypothetical situation they'd be making an innocent individual pay for something he didn't do.
So, I don't presume people should know how to file a civil suit against someone for circumstances he/she's be acquitted of. It flies within the face of the upright intentions our legal system be originally intended to possess.
They carry a different standard of proof. One is civil and one is not.

No it should not be made like burden than in criminal trials! You aren't discussion about someones choice! Except for contempt!

I can just see divorces enjoy to be proved by beyond a reasonable doubt. Well, perchance there would be not as much of divorces!
if there are still unreciprocated aspects of the case, such as evidence which be not previously admissable or new evidence, afterwards I think it is an likelihood that should be available.

What isn't fair is that contained by reality it is an way out only to rich relatives or those who have sold their story to a daily.
Absolutely fair, J.S.

Consider a travel case I was "surrounded by on." A car rear-ended another sports car on an icy road. Someone in the vehicle that was hit be ejected, not wearing a seatbelt. A third vehicle struck that person, who died.

The character whose car rear-ended the other be cleared of criminal charges. It was an disaster. But the family of the creature who died sued that driver for far more than the insurance coverage, and the driver of the third vehicle, a commercial truck, also sued because the delay following the calamity destroyed his load of perishable stock.

Don't you think they have a right to sue?
Well I think you answered your own ask by the way it be stated It may or may not be fair specifically someones opinion.
Clearly beneath today's law you can. Remember a criminal court system is for purely that a criminal act very soon a civil court is to resolve issues between two parties. I can sue you contained by a civil law suit for speak breech of contract I would not be able to record criminal charges against you if you did nothing criminal. the two are separate cause hope this helps
It is exceptionally fair the following point. Because a criminal conviction has a principal impact on ability to work and to live surrounded by society, the "burden of proof" is very strict and requires in that to be no doubt possible.

A civil cost is about redress the balance between the party and therefore works on a slighter burden of proof - what is called the set off of probabilities.


Thus "not guilty" in English directive includes the Scottish law concept of "not proven" - it is not necessarily proof of innocence merely of inability to prove guilt. If a civil court decides that plunder was cause at least the injured personage gets some pay off.
You would have to write adjectives of the civil laws within the US and in Great Britain.
In a criminal satchel, the burden of proof is on the state. The jury must decide, base on reasonable doubt. So nearby is a high burden of proof.

In a civil skin, the plaintiff must have the preponderance of evidence within his favor to prevail. That means 51% of the evidence must favor the plaintiff. So the burden is much lower.
Absolutely. Just because you get away with something and the state can't prosecute you is no defence the victim can't be come after you.

A collison with someone that didnt own a license. By default is it his breakdown?

I was making a turn going across traffic and out of no where on earth a car comes and hits me. That driver get ticketed for no license and speeding. my friend who pulled out got ticketed for unsafe movement. The officer say "the driver must have be speeding and beat the red restrained for him to hit my friend. Mainly what I am asking would it be automatically his fault if his license be suspended. (North Carolina)
Answers: All of the sudden...out of nowhere means your friend wasnt fascinated..its his fault...used to be that no licence item would fly, but no more.
no, the other driver is not default at-fault. One have nothing to do near the other.

He is guilty of driving without a license. The investigation by the police or insurance will determine eccentricity of the accident.

EDITED TO ADD:

To J.S. I AM an attorney you don't know crap. glitch for an accident is not dependent upon anything but the calamity itself. not having a driver's license is not a direct grounds of the accident.

I suggest you progress to law academy before answering within such a frivilous and ignorant behaviour.
Yes.
If you don't have a license the reprimand is automatically on you because you had no right to be doing a tour. It doesn't matter whose denounce it really was if you don't own a license than you are at fault no situation what.

Do you need to bring any test to enjoy a provisional license?

i am going to be 16 in motorcade and i would like to return with a moped but i dont know all the rules i know you hold to have a provisional licence but i dont know if you hold to take any test can any body tell me gratefulness
Answers: no you get the form from your local post department, fill it contained by, follow the leaflet surrounded by the pack (have your photo signed by an official to certify it is a true likeness of you) wrap a cheque or postal order (available from the post department if you do not have a chequebook) and convey it all rotten. All cheques should be made payable to the "DVLA" and should be made out for the sum of lb20.00 and should be posted to the Swansea address with the postcode SA1 1AA.
That's govern by State laws.. so it would depend on where on earth you are. Call your local State Police and they should be able to narrate you what the law is surrounded by your state. Here in Arkansas it depends on how big the moped is. Like if it's 50 cc or more you own to have a assessment, if less you don't. Good Luck .

Can an employer end a latest contract my husband signed?

My husband signed a new contract one week beforehand becoming sick for 5 weeks. he is now spinal column at work and has found out that funding for the project he is working on is closing moments in a month and he have to look for a new undertaking. However his contract of employment continues until april 08. With the money running out do they have to find him a unsullied job until the contract ends or can they a short time ago give him a months make out and end the work (note it have nothing to do next to him being unwell as the other three project workers are in duplicate situaton)
Answers: That's a question for a attorney, and it is solely dependent on the fine print in the contract.

The company have to pay him for the time they contracted him to work for, but once that time time of year ends they don't have any responsibility toward him. If the contact have a clause for sickness then they could own canceled it because of that.

Now that the project is running out of money they may have a clause contained by the contract that will allow early termination. If not consequently they company has to reward him for the rest of the contracted period. The contract be with the company so the company have to come up with the money to payment your husband. They don't even have to hire him, but they do have to reward him; so they probably will try to employ him somewhere.

The devil is surrounded by the details and you need to own the contract reviewed by a lawyer. Without a copy of the contract neither I nor anyone else here can engender a proper determination.

Whatever the contract states; the company can't break it without a clause that let it happen. Otherwise it will run until the expire period. The solitary way they can break the contract is to retribution him off totally; which they are not predictable to do. They problaby have a clause for rash termination you need to read it.

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hold the contract up to the monitor so I can read it and advise.


Get the point? short reading the contract there is no attorney who will grant you an informed opinion.
the employer can stop the situation any time they like.you should enjoy read the contract...
Employment isn't always forever..
I assume youy'll find in the contract that observe can be given by either gathering.
His post has become redundant.
The employer have to make every restrained effort to accommodate him and the other workers in duplicate position (i.e. redeploy them with training) but ultimately this is a redundancy situation.
a properly binding contract should be equally fair for both party involved if this is not the case after you may have grounds for remuneration but if you own read the contract and the one month notice is stipulated next you may require arbitration most contracts of employment are normally within favour of the employer and not the team and any contract longer than one page of a4 should be checked out by a contracts lawyer if at hand are other people within the same situation later banding together to reach a settlement may be advisable the wording contained by contracts is crucially and never appeared to have any clauses but the pit falls are near citizens advice may know how to help you will requirement to make an appointment to cooperate to there contracts attorney and this is free all though getting through to them on the phone for initial consultation is the tough part but all right worth the hassle
contracts are legal and binding.
Going support to my law college days, you need, and specifically vital, to want whether your husband was an hand or sub-contractor. Different rules apply.
If he was an member of staff, then it is not a ask whether he can be fired but a question of NOTICE. I am more or less confident that the 1978 Act has not be superceded and that therefor it is still in force.
The best suggestion we can give you, which is what others here hold already done, is to go see a attorney (solicitor). I think the issue will topple on the side of notice term (or money's worth)

Case over about 6 months ago. No report and not received final bill from solicitor. What does it mean?

Case be over about 6 months ago but enjoy not heard or receive final bill from solicitor - it should be around 2000-300 pounds i reflect. What does it mean? I own made payment throughout the armour and I think still hold a final settlement to make. I own not contacted solicitor either. All I can meditate is:
a. Not sending a final bill (I won the case but they hold "Screwed-up" along the way - taking longer handling the skin than it should have - longer time=more money remunerated - and they know that I am very upset next to them)
b. Waiting till the end of their financial year?
c. Too busy?

If it is (a) Does this suggest the case is closed? Will they or can they still distribute us a bill say after 1 year? If they do, will they charge interests on it?
If it is (b) I dont get why
If it is (c) I shouldnt think they're too busy (especial these solicitors roughly

Should I ring the solicitor? I am not keen as I am pretty happy next to the money sitting in the sandbank and collecting interest. :)

Can anyone adv
Answers: sounds like they haven't done their billing for your baggage. I use to work for 2 attorneys, statements went out when I have time to do them, sometimes monthly, sometimes at the end of a skin. If you have received a settlement and own $ in the mound, then they also may enjoy taken a percentage of the settlement money. (In my state it is 33%). And yes, if they haven't billed you for a year, you still owe it, just irk. At least within my state you do.

How are laws made surrounded by States level?

Answers: the state legislature votes on bills submitted, and the governor signs them into regulation.
by State legislators who are elected just approaching the people within lala land, oops sorry Washington.

How might our laws more or less punishment for crimes today be different if itWere not for the code of Hammurabi?

Answers: You come across confused.

The Code of Hammurabi was base upon WHO did what to WHOM. It was a form of crime and punishment base upon the people involved, not what the actual crime be.

Example... A member of the royal home kills a commoner. He have to pay a fine. But if the commoner kill a member of the royal kinfolk, he gets beheaded.

Example.. A commoner steals from the king. He get beheaded. The kind steals from a commoner. The commoner get beheaded for making such a claim.

The crime is not important, a moment ago the people involved.

Then we hold the Law according to the Torah. Now the crime becomes the fundamental focus, not who did what to whom.

American law for the first 200 years be based upon the concepts of the Torah. Murder contained by the first degree get death. Murder contained by the second degree get life surrounded by prison. etc. It was not suppose to thing who did what to whom, at least as far as the style the law be written. (Black man kills white man, almost other got the destruction penalty. Not the instrument it was suppose to work.)

But starting contained by the 1960s, the USA has be returning to the Code of Hammurabi. A crime once again became dependent upon the status of those involved. Here is a worst covering example.

A straight, white male kill a gay black female cop. He not single gets tried for murder, but they append in the extras of a national based massacre, a gay based massacre, a sexually related killing and the slaughter of a cop. The crime of murder fades into the milieu as everyone focuses on the issue once again of WHO did what to WHOM.

This dichotomy puts a real strain on sprite. If a woman decides to return with an abortion, that is OK. A mother may eradicate her fetus. But if on the way to the abortion clinic a drunk driver hits her and she loses the fetus, he get tried for at the very lowest, vehicular manslaughter. Anyone other than the mother may not slay the fetus.

This move towards the Code of Hammurabi results in a concrete double standard in the canon. We are no longer equal under the statute and those who do not have some sort of protected status (gay, black, Hispanic, womanly, cop) had better see out as we are just second class citizens.

Hit with golf bubble on public footpath - How do I make a claim?

I would close to some advice please, I be walking with my loved ones on a public footpath which runs adjacent to the local golf course, adjectives of a sudden I get hit (very hard) on the pay for of the head next to a ball. Cut a long story short near was lots of blood and I have to go to A&E to go and get my head glue. There is a fence between the towpath and course but obviously not large enough.
Where officially do I stand?
Trying to track the golfer down but he didn't know it was him (he may not of have insurance anyway), the club say it is not in that responsibility, accident and claims those don't seem that interested as it must not be glib money for them??
I am detirmined to a) get the obstruction hightened b) compensation for nearly knocking a hole contained by my skull. (it could be a child next time).
Any suggestions would be appreciated.
What get me is that OK if i'm on the course what do you expect? but not in a public footpath.

Thanks
Answers: I reflect you should contact a personal injury attorney who will prosecute the case for you on contingency, and hold them go after the golf course (which, I feel in this crust is the liable party) as well as possibly locating the actual golfer. I'm sure the golf course have insurance to cover that sort of thing, and purely because they tell you it's not their responsibility doesn't suggest that that's the end of it.
You obligation to start local, and escalate your efforts until you take results.


Go to the golf course owner first.

Next, have your insurance company turn after the golf course.

If that doesn't work, hire a lawyer to recuperate your costs, plus legal expenses.

The ultimate option is adverse public evaluation. Do you have a columnist surrounded by the local paper that can tender the golf course enough bleak press that they will have to add to the fence to appear to be correct citizens?
Your best bet is to campaign for the balustrade to be raised - which you'll probably lose because you're *not* a child, you weren't kill or maimed, it's not something that happen all the time, and you weren't if truth be told on the club's land.

However, if you be walking in a public park, I don`t know you can go to the county commissioner's department to talk next to them about raise the fence.

Also consider that it be just an catastrophe, not something done out of malice or ill-intent, mis-use of a golf club, or negligence, and that the golfer probably have no idea that anything happen, just that he lost the orb. Plus, head wounds bleed profoundly.

I applaud your urgency to get into conduct and have something done for the sanctuary of others, but I don't believe that you'll receive any financial compensation for it. Good luck on your fence-raising!
Go and see

Ronald McDonald and ask him for some compensation
Unless someone disguised the fact that it be a golf course, or if they not only put the footpath where on earth it was outstandingly probable that people using it would attain struck, but also put up signs that said "Walk here! It's safe!", there's no negligence on the sector of the course (or the city if it were their footpath.)

Unless you could prove which golfer struck the bubble, and that you were clearly perceptible in the feasible and intended area of travel for the bubble, the golfer is not negligent. A discouraging golfer, perhaps, but that's not feasible to be enough to prevail.

I'm sorry, I in recent times don't think there's a satchel here based on your facts.
I suggest its noble of you to try to carry the fence altitude raised to protect others. As for getting a claim remunerated, I would weight the time and action it takes to pursue that against the other things you could do beside the time and forget it.

The golfer certainly didn't intend to hit it over in attendance as he probably got an out of bounds cost etc. If he saw you and went ahead and hit anyway, you could argue some type of negligence or something, but its a big hassle for little gain.
whether or not you liked the first answer, it be correct.

The theory of assumed liability is alike walking next to a golf course or living subsequent to one as it is in shopping at the city open market.

you had mortgage knowledge of the certainty that you were subsequent to a golf course, knowledge that an errant orb could possibly escape the confines of the course and in spite of these potential hazzards, settled to walk subsequent to the course.

There is no legal recourse unless you can prove that the creature hitting the errant ball did so next to intent to harm you or another party or somehow (perhaps being drunk) shifts the assumption of liability.

Im being harrased by my womanly superviser at work? what should i do?

Answers: How is she harrasing you? It is usually best to discuss it with an human resources personality, so that they can investigate it.
First, document any incidents of alleged harassment. Note date, times and those who are present. For past incidents, write down everything you can remember right presently. Write a coherent and concise statement of your allegations (get help near this if you need it) and present it to HR. Document when you furnish it to HR, any actions that they bring, and future incidents of maltreatment, if any.

If HR does not respond to your complaints in a timely carriage, you will need to folder a complaint with the EEOC contained by your area. You enjoy only 180 days from the alleged incident to record, so do not wait on HR too long.

Reverse nouns complaints are very difficult. You do not speak what type of harassment you allege you are experiencing but you will stipulation documentation and you will need to prove that it is risky discrimination. Check out the EEOC website (http://www.eeoc.gov) and swot up what is and what is not gender nouns.

Good luck.
If she has a boss, report it to them, or if in that is a union rep or human resources department at your work. If that doesn't work, wallet a complaint with the labor board surrounded by your county or state.

How long do you have to move after human being evicted?

Kentucky eviction
Answers: someitmes immediately...sometimes a few days.
It depends what the identify says -- most of the time, it's a 3-day distinguish to pay or quit (move out).

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