Should Bob sue a company on his home field? Bob uncovers and obtains overwhelming evidence of several, major consumer exploitation ploys consisting of several distinct schemes, practices and policies of a major auto manufacturer of his new motor vehicle therethrough he personally was harmed, damaged or injured by the manufacturer. Assume Bob has several counties of the same state where he a court would assume jurisdiction. The manufacturer is of the size of any auto manufacturer. There is some specific benefits to Bob filing suit in the county of the seller (i.e. it is also Bob's home county, it has the highest probability for exemplary damages be awarded etc.) Considering the financial and political power of a major auto manufacturer and a primary employer as it typically the case in any county of any of these giants, how reasonable is it to file suit in state court and specifically do so in their home county? Most attorneys advise that judges are really cold to such fraud cases while you would assume they are waiting for them &quot;with open arms to hug and kiss you&quot;. Would it be wiser to file in federal court or in another county? Are there any statistics about companies being sued and relieved in there home county vs. elsewhere?
Bob has to sue in a court of competent jurisdiction To enliven jurisdiction, there has to be some connection between the parties or the event and the jurisdiction. Since Bob, the manufacturer and (presumably) the harmful incident all took place in County X, of State Y or Country A then they are the only jurisdictions that might be competent. The courts of County Z, State M or Country B are all going to say &quot;not my problem&quot;. For the USA, there are only State courts and Federal courts. States may have courts that are called county courts but they are enlivened by the state sovereign - counties and cites are self-governing administrative districts, not sovereign states. Federal courts have jurisdiction where the subject matter is about a Federal Statute, the Constitution or a treaty. This dispute would appear to be based on tort or contract law which is a state matter. Federal courts can have jurisdiction if the parties are in different states and the amount in dispute is more than $75,000. This would not appear to be the case. So, as a state matter, the plaintiff can bring the case to any competent court. The defendant can apply to have it moved to a more convenient court. Arguments will be heard and, at some cost, you'll probably end up where you should have started.
Rob is responsible. No Bull! Around the world, the law of wandering cattle depends on the details. New Zealand is no different. This case is covered by s 26 of the Impounding Act of 1955, Damages for Trespass. As you said, S 26(1)(d) says Bob is entitled to damages whenever his &quot;land (whether fenced or unfenced) is situated in a city.&quot; This is different to the rest of the country, where animals must be fenced out. S 26(2) of the Impounding Act says the damage is owed by Rob, as the owner of the stock: (2) In any case where damages are payable under this section the amount of any damage shall be recoverable by action from the owner of the stock. It may be that Rob and Alice have some arrangement that Alice will indemnify Rob against any trespass damages. But that agreement does not change the underlying law; it only allows him to recoup his loses (by suing his mother, if necessary!). Added: Something fun to read Law professor Robert Ellickson studied how people actually resolve disputes over wandering cattle in Shasta county in northern California. There's a readable summary of what he found here. (The title of his book, &quot;Order without law,&quot; sums up his main finding -- there are rules that are enforced, but those rules have little to do with the formal law or law enforcement.)
In Washington, there is no criminal sanction for installing an &quot;aftermarket&quot; product on your vehicle. If we are speaking of non-commercial vehicles, the penalties for violating the various safety regulations is a ticket. The federal Motor Vehicle Safety Standards can be consulted here. The criminal penalty provisions are here, as authorized by 49 USC 30170 – basically, lying in a report to the government will get you in trouble. You would have to track down all of the provisions in the regulations, but here is the bumper prohibition. The rule prohibits manufacture or importation of a car or a part that doesn't meet the standard. Subsection (b) addresses the &quot;then added later&quot; question, generally saying that there is little prohibition against you tweaking your car. First, if you &quot;had no reason to know, by exercising reasonable care, that the vehicle or equipment does not comply with the standard&quot;, you are not subject to penalty. Usually, people have absolutely no reason to know that some part is unsafe, which is not the same as non-compliant, but you might pick up a really cheap bumper having been told that it is cheap because it totally ignores the applicable standards: then you would have reason to know. Used cars and parts are not subject to any federal scrutiny. The concept of a &quot;vehicle in violation&quot; is a legal misconception. Certain acts violate, objects do not violate. The chokepoint that controls car parts is the &quot;manufacture or sell&quot; part of the law, which prevents Auto Zone from selling you a bumper made of clay (it does not prevent you from installing such a bumper – unless your state has a specific law to that effect). The shop is in violation, not the customer.
For starters, you can't "use the antitheft law" because you are not a criminal prosecutor. I'm not sure that the criminal statute would support a civil action for replevin, at least until you've paid all the fees that the towing company is explicitly authorized to charge and they still refuse to release the vehicle. And if that was the case, you wouldn't need the criminal statute — the title to your vehicle should be sufficient. See Baltimore County Code (2003) §18-2-203 for the police department's authority to remove and store cars with expired registration "by contract." See also §§ 21-16-111.1 et seq. and §§21-16-123 et seq. regarding police initiated towing and licensing of towing companies. The latter set of statutes and the fee schedule fixed by the county are available here.
An individual has no authority or legal basis to demand a personal &quot;fine&quot; for a perceived offense. The actions in the two scenarios would both be blackmail. although whether they would be prosecuted is quite another question. It would be reasonable for the shopkeeper to demand compensation for the lost merchandise. The offender (or the offender's parents) might offer to pay, either because they thought it the right thing, or in hopes to induce the shopkeeper not to call in the police. But if they specifically made &quot;no police&quot; a condition of payment, that would be bribery or attempted bribery. The resident in scenario 2 could demand compensation for an alleged civil wrong of excessive noise, whether or not the passer-by was speeding. ote that the amount of noise made would not be directly related to the speed of any driver (although no doubt there would be some relation) and no one driver would be responsible for keeping the resident up. I doubt that a civil suit, if pressed that far, would prevail, although it would depend on the factual details. The specific law of the local jurisdiction would also matter. But the moment there is a threat to bring evidence of a possible crime to the police, and a request for money instead, that is blackmail.
&quot;Lemon laws&quot; are about new cars and manufacturing defects. Used vehicles are sold &quot;as is&quot;, except that dealers are obligated to offer a 30 or 60 day warranty that the vehicle will continue to function. Using the term &quot;owner&quot; suggests that this is not a dealership sale. Generally speaking, you are out of luck, except for the verbal add-on to the sales agreement. If there is no written agreement, just a verbal contract and exchange of money for truck, you may be able to enforce the contract in regular court. The prospects decrease if there is a written agreement that does not include the money-back guarantee, and become effectively zero if there is a clause that says &quot;This is the whole agreement, the car is sold as-is&quot;. Assuming there is no written agreement, then you and perhaps the third party would testify as to the money-back guarantee, the seller would testify that there was no such guarantee (or that you misunderstood what he said), and the court would decide which version of the story is more believable.
Very briefly in terms of contract law, by hiring this person to haul away your trash, you're entering into a contract with him/her for the disposal of the trash. The fact that he says he has a legal place to dispose of the trash is part of your contract. That fact - either verbal (or in writing) in that contract - should really absolve you of any responsibility of what happens to the trash. You don't need to actually know all the details of his legal dumping place, but you can hold him/her to the agreement if it happens that they do illegally dispose of the property they have been hired to remove. In reality, this person is advertising this service as a business (on Facebook) and has been operating for some time, so they are probably legally disposing of refuse in a landfill while making some money from whatever might be valuable. The trash hauler probably depends on some of your trash being valuable, in terms of recycling or repairing or selling collectables ("old toys"), and not all of that will be disposed of in a landfill. I suppose it's possible a municipality could accuse you of illegally disposing of the trash if it was somehow tracked back to you, i.e. personally identifiable items or papers in the trash that was found illegally dumped. But you have the contract with the trash hauler to show you acted in good faith. Ask in the Facebook group if indeed this person disposes of trash in a legal manner, or ask others who have hired him/her. Clearly outline your stipulations for legal disposal with them. You can even ask to see their business license from the city/county.
If he is a professional engineer, then he is almost certainly (supposed to be) licensed and insured. You could probably recover damages simply by reporting them to his insurer. Also, some states have insurance pools that provide for claims against professionals that they license.