Can a civil action be taken for statutory nuisance?
Taking action for Statutory Nuisance is not the only course of legal action. Alternatively you can take civil action for noise nuisance at common law by seeking either an injunction to restrain the defendant from continuing the nuisance or by issuing a claim for damages or loss, or both.
Can a witness waive the right to invoke the fifth?
A witness can waive the right to invoke the Fifth by later making statements about the topic in question. For example, if a witness invokes the Fifth, but goes on to selectively answer questions about the same subject matter, a judge might decide that the later answers vitiated the initial waiver.
Can a person refuse to be a witness against himself?
A witness in that situation is relying on the Fifth Amendment to the United States Constitution, which provides that no person “shall be compelled in any criminal case to be a witness against himself.” If, by answering, the witness could provide evidence that might aid the government in prosecuting him, then he has the right to refuse.
Where can I get advice on taking a civil action?
Taking out a civil action can be expensive, so it is highly advisable to seek the advice of a solicitor, or the Citizen’s Advice Bureau before going ahead. Advice from a solicitor may be free to those who are financially eligible under the “Green Form Scheme”.
Do you need to invoke statute to return item?
In fact, NO language is needed to invoke it. It is automatic by statute. If the item is payable to joint payees, however, this statute may not protect you adequately and items without the endorsement of all joint payees should be returned.
What happens if an idea is not protected?
Nothing can or will happen without an idea, so in one sense ideas are a critical, and valuable, piece to the overall innovation equation. In and of themselves, however, ideas are not monetarily valuable. Without some identifiable manifestation of the idea there can be no intellectual property protection obtained and no exclusive rights will flow.
How long is the Statute of limitations for the idea?
Absent certain statutory exceptions, parents have two years from the date they knew or should have known of a violation of the IDEA to request a due process hearing through the filing of an administrative complaint, or they will be forever time-barred.
Can a Fifth Amendment right against self incrimination be invoked?
The decision as to whether to invoke one’s Fifth Amendment right against self-incrimination in a civil or criminal proceeding is very complicated, involving an assessment of both the facts and the relevant law in your jurisdiction. Only careful discussion and preparation with your lawyer will enable you to make a wise decision.