Authenticate an email I have received an email from Mr. A. In court Mr. A denies sending this email saying that I am making up with everything. How can I prove that this email was sent from Mr. A?
You can print a copy of the email, ideally with metadata showing, and testify that you received it and did not modify the email. The lawyer in the case against Mr. A can ask Mr. A if that is his email address, and can ask other people who have received email from him if that is his email address. Mr. A's computer and/or email provider can be subpoenaed. The computer can be forensically examined for evidence that the email was sent or deleted, and the email provider can be asked to provide evidence that the email was sent. Your email provider can be subpoenaed and asked to provide evidence that the email was received. In general, people who deny sending emails in court who are confronted with copies of those emails authenticated by the testimony of the person who allegedly received the email lose their cases and are not believed by the judge or the jury. This doesn't always happen, but it is by far the more common outcome.
"Fraud" is roughly lying to get something that isn't yours - for example, my money. It turns from attempted fraud to fraud at the point where I would be defrauded if we both take no further action. That would often be the point where I hand over the money, for example if you offer goods for sale that don't exist and that you don't intend to deliver. If you fill out a form and forge my signature to get money, and send it off to someone who will give you the money, it would be fraud at the point where I lose my money if we both take no further action. That might be the second where you drop the letter in the mailbox.
what reasoning would the court use to evaluate the competing claims? Absent a verifiable contract, the dispute would require assessment of the extrinsic evidence and/or of other aspects reflecting the parties' credibility. Those types of factors would help for discerning whose position is meritorious. You are right in that Bella's co-signing of the loan is likely to render her hypothetical allegation of gift not credible. Bella's history of defaulting on her debts as well as her failure to keep up with insurance &amp; tags are examples of prior act evidence. As such, these might be inadmissible for proving that she entered the contract with Abe. However, they are admissible both for proving Bella's pattern of missing her commitments and possibly for detecting inconsistencies in Bella's allegations (thereby weakening Bella's credibility). Unless Bella is able to point greater inconsistencies or weaknesses in Abe's credibility, a competent and honest court (where available) would rule in favor of Abe.
Given a large database of email addresses that you can't prove have given consent to receive email, the only legal thing to do with it, is to (securely) delete it. (I am going to switch your question about a larger company to a bank: in the UK, big pharma is forbidden from advertising to individuals.) In principle the rules are the same for a huge bank and everything down to a self-employed plumber. In practice the plumber will be told "don't do that again" rather than fined. This case was treated under the Data Protection Act, which has a maximum fine of £500,000&nbsp;&ndash; so a big bank would probably have been fined more, but not necessarily much more. Under GDPR, fines are related to turnover, so the fine would be a lot bigger for a large bank. The incident is a year old now. Details here.
How does John protect himself from false claims (e.g. if the woman decides to roll down the stairs and blame him)? It would be very helpful if John has evidence of Oxana making false statements about him or others, and/or of Oxana threatening to make them. False accusations are common --and hardly ever prosecuted-- in a context of divorce. Examples of that are police reports (here and here) and excerpts of court proceedings that ensued during my father's (desisted) proceedings to divorce his 2nd wife (for additional excerpts, see also at 22:49-24:29). According to one of those police reports, my father's 2nd wife allegedly extorted him with "You'll have to pay me even until my ring!" (see page 15 of the pdf file) at the time they were going through the divorce proceedings he filed. Based on your description, it is not far-fetched that John could end up experiencing a similar mess as reflected in these police reports. Note: I don't know whether the poorly written quote from page 15 of the pdf was my father's translation of their interactions or whether he merely transcribed them to the police. Is there any downside to basically putting a camera in every room of the house except hers? John is strongly suggested to check Ohio law to avoid criminal charges. For instance, Michigan statute MCL 750.539d(1)(a) prohibits to "Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.". As a wife, Oxana would be reasonably entitled to that privacy in rooms other than --and including-- her room. Moreover, placing cameras in every room will not preempt false accusations. For instance, Oxana could still calumniate John by falsely alleging that he and the daughter went to a hotel to have intercourse. How do you find a good divorce lawyer? Before you even decide to retain a lawyer, see this report about New Jersey Family Court, where judges and attorneys allegedly are in the habit of dragging divorce cases for as long as it is profitable to the lawyers (obviously, at the expense of the parties pursuing the divorce). I don't really follow --and have never litigated-- divorce matters, but the multi-year divorce &amp; custody case of Tsimhoni --formerly presided by Michigan infamous judge Lisa Gorcyca-- illustrates that NJ is not the only state where parties fall prey of legal malpractice. John should search for Ohio court opinions related to divorce matters and get acquainted with the applicable concepts, laws, and doctrines. For that purpose, one free, very useful resource is http://www.leagle.com/leaglesearch . Court opinions usually cite relevant statutes, whence John can get an idea of what laws are decisive on divorce matters. Is it reasonable to ask for some sort of record of past outcomes (are there standards to provide full and complete records like for financial companies)? It is reasonable, but no, there are no such standards at all. An attorney will most likely allege grounds of attorney-client privilege, the extensive time that would be needed to redact court documents, and possibly other excuses to deny John's request. Instead, John should go to the court in his county and study as many files of divorce cases as he can. A number of courts display some information of cases in their website. For example, some Michigan trial courts have deployed Odyssey (see here and here), whence a party could search from home whether an attorney has litigated cases in that court and how long they've taken. To see the contents of complaints/motions/etc., John can read them only in the courthouse, unless the county court has configured Odyssey (or its equivalent) to allow the public to read the contents from elsewhere. I don't know what progress Ohio courts have made on this. Regardless of the attorney's transparency to share with John any redacted records about his performance, another important variable is the judge. In this regard, see the next item. Is it reasonable to ask to pay way less if the lawyer fails to get certain terms? Unfortunately, that is neither reaonsable nor realistic. Just from meeting with John, it is impossible for the attorney to know aspects such as: whether John is truthful and the meritorious party; how much trouble Oxana will cause during the divorce proceedings (see the aforementioned police reports); how vexatious the opposing counsel will be; whether John will weaken or sabotage his case during an unforeseen situation or lose control as a result of exasperation; whether the case will be presided by a judge who follows the law (instead of incurring personal bias or influence trafficking); if the judge engages in influence trafficking instead of following the law, whether the attorney is in cozy terms with that judge; whether the opposing counsel is in even cozier terms with that judge; in the event that the matter is appealed, any of the three previous items may apply; whether the parties settle (or John desists for whatever reason). Given the multitude of unknown/uncertain variables and possible outcomes, no person (attorney or otherwise) could establish beforehand the semi-contingent pricing that you have in mind. Do the lawyers even do anything other than fill out paperwork? Yes, they do, but that doesn't necessarily mean that what their work is any effective. Even if the lawyer is diligent, the court might negligently fail to enforce its own orders.
The only real recourse you have is to contact the webhost and try to convince them your content is really yours and file a DMCA Takedown request. How you convince them might be an issue; do you have any old screenshots? Original photos? Any proof that the content and photos are yours? The webhost appears to be https://datacamp.co.uk/ , unless the DNS is being proxied, since DNS points to CloudDNS https://mxtoolbox.com/SuperTool.aspx?action=dns:marksmayo.com NZ and UK are members of the Berne Convention and the Universal Copyright Convention, so there don't appear to be any arguments about not applying copyright law. You willingly gave up the domain, so you have no recourse or valid reason to try and regain ownership of the domain. You could try and contact the new owner of the domain by filing a complaint via the abuse email listed by the domain registar at https://www.godaddy.com/whois/results.aspx?&amp;domain=marksmayo.com But they may not do anything, even if you can prove a copyright violation, since they only handle the domain registration and not the webhosting. How they got the content is another question: who was your webhost when you owned the site? Datacamp? Did they not delete it when you closed your account? How did the new owner come to get it?
Have you approached Google? Your contract with Google has a dispute resolution procedure (I’d link to the Canadian terms but I can’t find them). Generally a court will not entertain your claim unless and until you have followed the procedure you agreed to.
Any google review would be hearsay. That means, it would be proof that someone posted a review, and what was written in the review, but it wouldn't be proof that any facts claimed in the review were true. As it is proof of posting, anyone who feels slandered could sue for slander and be successful (depending on circumstances). But trying to claim that the contents of a review is a true fact will fail. You can of course try to contact the person writing a review, and they might be willing to appear in court as a witness. That would make it a statement by a witness which would be taken seriously, and not just hearsay. Since lying in a court as a witness is a serious matter, someone posting a false review will very likely not be willing to appear in court for you.