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Coercion is when a person is forced to do something or act in a particular way against his/her wish by another person. It can sometimes involve physically and mentally torturing the person to get him/her to do something. Many times people are convinced to do things that they would not do under normal circumstances. At such times, people may wonder if they were subjected to coercion. Answered below are some important questions about coercion that have been answered by different people: How can a person prove coercion? What kind of evidence will have to be given if a person wants to prove that he/she was forced to change his/her will?
Coercion can be proved in court if it is shown that the person was forced to do something and the individual who forced him/her had an advantage over the other person. In such a case, the person who says that he/she was coerced will have the burden of proof on him/her to show that he/she was indeed coerced. This may be very tough to prove most of the times. Also, if the witness to the will state that the creator was not under any kind of force, then the case may also get dismissed. A person is being forced to sign a contract by his lawyer in order to pursue a lawsuit in spite of being aware of all the trouble that the person is experiencing due to an accident. Will this be considered a form of coercion?
The person will have to prove to the court that the lawyer was forcing him to sign the contract against his will. If the lawyer does not agree to cancel the contract, the person can sue him/her in court. There are three parts of real estate that are located in three different states. The plaintiff and the defendant as well live in different states. In such a scenario, where should a case for coercion be filed?
If there was coercion, then the case may be filed where the plaintiff lives. He/she will be able to file the suit in the place where he/she lives and also where the defendant lives. If this is done, it will cover all three parts of the real estate and will prevent the person from filing a lawsuit in all the states. A married couple in Indiana is in an “alternative lifestyle” relationship. In such a situation, can the wife sign a post nuptial agreement that will relieve her of any possible consequences of unfaithfulness if the husband does not blame her without being coerced?
A post nuptial agreement in the state of Indiana should have different clauses for different things and these should be agreed upon by both the husband and wife. Such an agreement may be considered legal if the husband agrees to all the clauses without being forced to do so. Can a person ask another person to return a gift that was given to him/her?
There is no law that may give a person the right to ask another individual to return any gift that was given to him/her. However, there may be laws that rule coercion while getting a gift. However, in a situation like one involving real estate, if a property transfer takes place, then it will also involved transfer of ownership unless it is proved that the property was obtained fraudulently. Does an adult male have the right to kiss or touch a 15 year old minor in the state of Florida? Will this kind of behavior be considered sexual battery or rude behavior?
The law in the state of Florida is very accurate detailed in its definition of sexual battery or lewd behavior. There may be many statutes and clauses that will prohibit certain kind of behavior in a relationship where one of the parties is below the age of 16. Most of the times, kissing and touching may be permitted but it would be better to wait till the girl turned 16 before going ahead with the relationship. If not, it could be considered to be coercive behavior. It may sometimes not be very easy to determine whether one was subjected to coercion or not. There are various ways to prove coercion. One must be aware of what to do if one thinks that he/she has been subjected to coercion. You may ask a lawyer if you feel that you have been a victim of coercion and need more information about what action to take.
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