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Why is drunk driving causing accident punished so much worse than just drunk driving?
23
https://law.stackexchange.com/questions/94665/why-is-drunk-driving-causing-accident-punished-so-much-worse-than-just-drunk-dri
CC BY-SA 4.0
<p>When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's lu...
94,665
[ { "answer_id": 94666, "body": "<h3>Moral luck</h3>\n<p>You have raised the issue of <em>moral luck</em>, a long recognized problem in criminal theory. The classic expositions of this issue are by <a href=\"https://en.m.wikipedia.org/wiki/Thomas_Nagel\" rel=\"noreferrer\">Thomas Nagel</a>, in his chapter, &q...
[ "criminal-law", "driving", "sentencing" ]
What counts as consideration in contract law?
0
https://law.stackexchange.com/questions/94671/what-counts-as-consideration-in-contract-law
CC BY-SA 4.0
<p>What counts as consideration in contract law? Does consideration from party A have to be to the benefit of the party B?</p>
94,671
[ { "answer_id": 94672, "body": "<p>See generally <em>Hamer v. Sidway</em> (1891), <a href=\"https://www.nycourts.gov/reporter/archives/hamer_sidway.htm\" rel=\"nofollow noreferrer\">124 NY 538</a>, citing indirectly <em>Currie v Misa</em> (1875) LR 10 Ex 893:</p>\n<blockquote>\n<p>'A valuable consideration i...
[ "contract-law", "legal-terms", "consideration" ]
Question Concerning Responding to Employer of Minor Daughter Paid Under Minimum Wage
1
https://law.stackexchange.com/questions/94683/question-concerning-responding-to-employer-of-minor-daughter-paid-under-minimum
CC BY-SA 4.0
<p>My high school daughter worked for about a year for an employer who owns a tutoring company in our town. Due to friction between my daughter and the employer, my daughter recently quit but she realized that she was being underpaid for much of this year (2023) because the minimum wage here in California is currently ...
94,683
[ { "answer_id": 94687, "body": "<h2>Read the terms</h2>\n<p>It’s quite likely that, if you took this to court, the employer would be liable to pay your daughter interest on the underpayment and possibly be fined by the state for failing to follow the law.</p>\n<p>The terms probably are offering to pay the ba...
[ "employment", "california", "teenager" ]
Can Hawaii secede from the U.S. through legal means?
2
https://law.stackexchange.com/questions/67110/can-hawaii-secede-from-the-u-s-through-legal-means
CC BY-SA 4.0
<p>Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to secede from the U.S. just like Russia or China wouldn't accept it.</p>
67,110
[ { "answer_id": 67111, "body": "<p><strong>Currently, there is no legal means for a state to secede form the U.S.</strong></p>\n<p>A quick Google search yields <a href=\"https://www.washingtonpost.com/news/the-fix/wp/2016/06/27/so-you-want-to-secede-from-the-u-s-a-four-step-guide/\" rel=\"noreferrer\">So you...
[ "united-states", "constitutional-law", "federalism" ]
Legality of privately bibby Stockholming to save land costs
1
https://law.stackexchange.com/questions/94678/legality-of-privately-bibby-stockholming-to-save-land-costs
CC BY-SA 4.0
<p>It seems that the principal impetus of moving migrants onto barges like the Bibby Stockholm is to save the costs of renting property in which to accommodate the migrants on dry land.</p> <p>Rental costs are no doubt high as anyone will know.</p> <p>But what is the legality of mooring semi permanent barges such as th...
94,678
[ { "answer_id": 94712, "body": "<p><a href=\"/questions/tagged/england-and-wales\" class=\"post-tag\" title=\"show questions tagged &#39;england-and-wales&#39;\" aria-label=\"show questions tagged &#39;england-and-wales&#39;\" rel=\"tag\" aria-labelledby=\"tag-england-and-wales-tooltip-container\">england-an...
[ "united-kingdom", "property", "any-jurisdiction", "law-of-the-sea", "coast" ]
Can defendants arraigned in federal court sometimes be &quot;out on bail&quot; secretly with no way for the public to know about or verify the bail?
4
https://law.stackexchange.com/questions/94691/can-defendants-arraigned-in-federal-court-sometimes-be-out-on-bail-secretly-wi
CC BY-SA 4.0
<p>In <a href="https://politics.stackexchange.com/a/80782/16047">this answer to my Politics SE question *Is former president Trump &quot;out on bail&quot; as Chris Christie asserts? If so, were campaign funds used?</a> which ends:</p> <blockquote> <p>Bail is a particular type of bond in which the defendant submits an u...
94,691
[ { "answer_id": 94696, "body": "<p><a href=\"https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.13.1_2.pdf\" rel=\"nofollow noreferrer\">Here</a> is one of the three Trump appearance bonds. As you can see, it is a personal recognizance bond, and not a dollar amount bond. ...
[ "federal-courts", "arrest", "politics", "bail", "arraignment" ]
What role does the person who signs post incorporation paperwork have in the company?
1
https://law.stackexchange.com/questions/30604/what-role-does-the-person-who-signs-post-incorporation-paperwork-have-in-the-com
CC BY-SA 4.0
<p>I am a minor and my mother would be signing both the incorporation documents, I am under the impression there is no problem there as she would have no role.</p> <p>Since she signed these documents, does she hold any additional duties or responsibilities as a result of that signature? How can she relinquish those re...
30,604
[ { "answer_id": 30616, "body": "<p>Running a C-Corp is no easy matter, I would suggest first you look very hard at why you want to do a C-Corp vs an LLC with an S-Corp election. There is a lot of documentation/formalities that if not followed allow somebody to \"pierce the veil\" and bind the principles lega...
[ "united-states", "corporate-law", "minor", "incorporation" ]
A 3 point credit is applied to your driving record for a 2-year period
2
https://law.stackexchange.com/questions/90548/a-3-point-credit-is-applied-to-your-driving-record-for-a-2-year-period
CC BY-SA 4.0
<p>Does the following statement mean that the 3 point credit is only good for 2 years and after that the credit points will disappear?</p> <blockquote> <p>&quot;<a href="https://www.alberta.ca/driving-responsibly.aspx" rel="nofollow noreferrer">If a Government-approved defensive driving course has been successfully com...
90,548
[ { "answer_id": 90549, "body": "<p>Yes, that's what that means. But if you continue reading the article that you referenced, you will see that demerit points themselves also expire after 2 years:</p>\n<blockquote>\n<p>When 2 years have passed from the date of a conviction, the demerit\npoints assessed for t...
[ "driving", "alberta" ]
Is there a viable cause of action for exposing someone of academic misconduct?
2
https://law.stackexchange.com/questions/94693/is-there-a-viable-cause-of-action-for-exposing-someone-of-academic-misconduct
CC BY-SA 4.0
<p>Is there a viable cause of action for exposing someone's academic misconduct from a country different than the one the exposed person lives and works.</p> <p>For instance if you live in a European country, the exposed person also lives in a different European country and the site that exposes him is based in America...
94,693
[ { "answer_id": 94694, "body": "<p>If A defames B, the fact that the parties live and work in different countries is not a bar to a defamation lawsuit. This is not changed when platform C is headquartered in a third country. A choice of law question does arise, which is important because B can always sue A,...
[ "defamation" ]
Is use of force in defense of another legal if the person being defended opposes the use of force?
1
https://law.stackexchange.com/questions/94684/is-use-of-force-in-defense-of-another-legal-if-the-person-being-defended-opposes
CC BY-SA 4.0
<p>Bob threatens John with a gun. Alice, who is also carrying a gun (legally), draws her gun and aims at Bob, intending to shoot him in defense of John, who is unarmed. John says to her, &quot;Don't shoot him!&quot; Alice shoots Bob anyway. Is this legal?</p> <p>Assume that it would have been unquestionably legal had J...
94,684
[ { "answer_id": 94688, "body": "<p><a href=\"/questions/tagged/england-and-wales\" class=\"post-tag\" title=\"show questions tagged &#39;england-and-wales&#39;\" aria-label=\"show questions tagged &#39;england-and-wales&#39;\" rel=\"tag\" aria-labelledby=\"tag-england-and-wales-tooltip-container\">england-an...
[ "assault", "any-jurisdiction", "defense-of-others" ]
Leading customers to use cheaper solution invented for another domain instead of expensive patented solution. Infringement?
3
https://law.stackexchange.com/questions/94667/leading-customers-to-use-cheaper-solution-invented-for-another-domain-instead-of
CC BY-SA 4.0
<p>Let's say there is a patented product A for domain A and there is a product B that does the same work but is invented for a different domain B.</p> <p>If a company in domain A shows its customers that they can also use product B for domain A, is it an infringement of the patent? The intention is obviously to lead us...
94,667
[ { "answer_id": 94675, "body": "<p>There are several issues - one is that patents are given for specific ways of solving a problem, sometimes very narrowly different from other ways of solving a problem, not for a result. There are usually many ways to achieve a result.</p>\n<p>Another, that you bring up, is...
[ "patents" ]
Is it trademark fair use to use company name/logo on your resume?
3
https://law.stackexchange.com/questions/33876/is-it-trademark-fair-use-to-use-company-name-logo-on-your-resume
CC BY-SA 4.0
<p>I have an online resume website that I created, and I list the logos of companies I've work with over the course of my career. Rather than a dry date list of work experience, I'm just listing the names and logos of the companies on the website. I even have a disclaimer stating this in no way represents endorsement o...
33,876
[ { "answer_id": 94676, "body": "<p><strong>No, it's not fair use</strong>. It's also not nominative fair use (the fair use equivalent for trademarks) as another answer suggests.</p>\n<p><strong>Why is it not nominative fair use?</strong></p>\n<p>There are three conditions for nominative fair use (taken from ...
[ "trademark" ]
Is performing another&#39;s duty a valid form of consideration?
2
https://law.stackexchange.com/questions/94670/is-performing-anothers-duty-a-valid-form-of-consideration
CC BY-SA 4.0
<p>Under state law parents have a legal duty to among other things educate minor children until they graduate from high school or an approved equivalent. The state also provides for public schools which are mostly taxpayer funded (the final two years of my high school education would have cost my parents about $1,500 i...
94,670
[ { "answer_id": 94673, "body": "<p>Contracts are routinely held to be valid even when there is negligible or literally zero financial “gain” (compensation, which they take into consideration in order to enter into the contract). A document purporting to be a contract might be held invalid if it is a bare pro...
[ "contract-law", "education", "school", "compensation", "school-law" ]
Why is research grade ethanol seemingly exempted from excise duties while pure ethanol ment for consumption isn&#39;t?
4
https://law.stackexchange.com/questions/94632/why-is-research-grade-ethanol-seemingly-exempted-from-excise-duties-while-pure-e
CC BY-SA 4.0
<p>At <a href="https://www.sigmaaldrich.com/" rel="nofollow noreferrer">Sigma-Aldrich</a> I can buy <a href="https://www.sigmaaldrich.com/NL/en/product/mm/818760?dclid=CLuHvemp04ADFU_KuwgdoKIHgw" rel="nofollow noreferrer">one liter of unadulterated ethanol</a> for just 26.60 EUR. This ethanol contains no additives and ...
94,632
[ { "answer_id": 94636, "body": "<h2>Because there’s an exemption</h2>\n<p>Which requires denaturing.</p>\n<p>But there’s also an exemption to the exemption for when denaturing is not appropriate. Such as for laboratory use.</p>\n", "score": 10 }, { "answer_id": 94642, "body": "<h2><a href=\"h...
[ "european-union", "tax-law", "alcohol", "biosafety" ]
Work time when unable to work due to power outage (germany)
10
https://law.stackexchange.com/questions/88843/work-time-when-unable-to-work-due-to-power-outage-germany
CC BY-SA 4.0
<p>I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers).</p> <p>We had a power outage due to a snow storm, resulting in ~2 hours without electricity. In those 2 hours, I took my 30 minute mandatory pause. Wh...
88,843
[ { "answer_id": 88850, "body": "<p>If you were in the office, and ready to take instructions what to do from your manager, then you were legally working and need to be paid. There's plenty of things you can do in an office without electricity unless it's too dark. If the manager didn't ask you to do anything...
[ "employment", "germany", "workplace" ]
Who has ultimate responsibility for a child injured on a school trip?
9
https://law.stackexchange.com/questions/94643/who-has-ultimate-responsibility-for-a-child-injured-on-a-school-trip
CC BY-SA 4.0
<p>A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who is legally responsible for the child? Is it the school (since the waiver is void, and by default the school is respo...
94,643
[ { "answer_id": 94653, "body": "<p>So many things were not addressed, so a precise answer is not possible.<br>\nBut to try to raise the proper questions you should be thinking about:</p>\n<p><strong>Should the school have known the permission slip was forged?</strong><br>\nWas the forgery particularly bad, a...
[ "australia", "minor", "school", "duty-of-care" ]
How many indictments before imprisonment?
0
https://law.stackexchange.com/questions/94661/how-many-indictments-before-imprisonment
CC BY-SA 4.0
<p>Donald Trump, ex-president of U.S.A., has many indictments on him, but yet he is still roaming as a free citizen.</p> <h2>Questions:</h2> <ol> <li><p>How many indictments does it take for Donald Trump to be imprisoned?</p> </li> <li><p>Can a person who is indicted, before running for president, become president?</p>...
94,661
[ { "answer_id": 94663, "body": "<blockquote>\n<ol>\n<li>How many indictments does it take for Donald Trump to be imprisoned?</li>\n</ol>\n</blockquote>\n<p>An unlimited amount. Imprisonment is usually authorized as a result of a conviction rather than from an indictment.</p>\n<p>Pretrial detention following ...
[ "united-states", "prison", "us-president", "indictment" ]
Who is at fault in a car accident when running a red light?
6
https://law.stackexchange.com/questions/94655/who-is-at-fault-in-a-car-accident-when-running-a-red-light
CC BY-SA 4.0
<p>This question is prompted by me sitting at a green light today while multiple people streamed through from the opposite direction, turning to their left, against a red turn arrow. (Throughout this question, assume right-side traffic, as in North America, and no one-way streets.)</p> <p>If I have a green light and en...
94,655
[ { "answer_id": 94656, "body": "<p>The apportionment of fault will be highly case specific, based on ordinary principles of negligence.</p>\n<p>In one example, the fault was apportioned with 60% of the fault to the late left turner and 40% of the fault to the driver advancing imprudently into the intersectio...
[ "united-states", "traffic", "accident" ]
What is a &quot;lead defendant&quot; in U.S. law?
3
https://law.stackexchange.com/questions/94650/what-is-a-lead-defendant-in-u-s-law
CC BY-SA 4.0
<p>In its <a href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.105.0.pdf" rel="nofollow noreferrer">opposition to the government's motion for a protective order</a> in <a href="https://en.wikipedia.org/wiki/Federal_prosecution_of_Donald_Trump_(classified_documents_case)" re...
94,650
[ { "answer_id": 94652, "body": "<p><a href=\"/questions/tagged/england-and-wales\" class=\"post-tag\" title=\"show questions tagged &#39;england-and-wales&#39;\" aria-label=\"show questions tagged &#39;england-and-wales&#39;\" rel=\"tag\" aria-labelledby=\"tag-england-and-wales-tooltip-container\">england-an...
[ "united-states", "legal-terms" ]
Typo in disclaimer - worst case scenario
3
https://law.stackexchange.com/questions/94634/typo-in-disclaimer-worst-case-scenario
CC BY-SA 4.0
<p>I've noticed a typo on an investment company's disclaimer in a brochure, to the effect:</p> <blockquote> <p>This company and its research affiliate June continue to have such dealings and June also have other ongoing business dealings with other firms whose products are included herein.</p> </blockquote> <p>Clearly ...
94,634
[ { "answer_id": 94641, "body": "<h2>Garbled and ambiguous?</h2>\n<p>I guess it took you all of 20 seconds to work out what it meant. Why do think a court can’t do that too?</p>\n<p>Documents contain typos, that doesn’t necessarily make them ambiguous.</p>\n<p>The automatic correction of typos is known as the...
[ "united-states", "liability", "court" ]
If someone robs a bank at which (s)he has an account, can the bank deduct that amount from the robber&#39;s account?
13
https://law.stackexchange.com/questions/94629/if-someone-robs-a-bank-at-which-she-has-an-account-can-the-bank-deduct-that-a
CC BY-SA 4.0
<p>Bob has $100,000 in an account at First Example Bank. Bob robs the bank, taking $50,000, and he escapes. He is never caught, but the bank is 100% sure that he is the one who robbed the bank. Can they deduct $50,000 from his account to cover the loss, effectively turning the robbery into a withdrawal? Obviously, this...
94,629
[ { "answer_id": 94630, "body": "<p>If there has been no trial establishing Bob's guilt, the bank does not know that it was Bob who did rob the bank.</p>\n<p>Even if the bank has Bob on the security video feed, claiming that, &quot;As my name is Bob, I will shoot anyone who does not follow my instructions&quo...
[ "theft", "banking", "any-jurisdiction", "robbery" ]
Someone withdrew money from my bank account - what are my rights?
8
https://law.stackexchange.com/questions/4701/someone-withdrew-money-from-my-bank-account-what-are-my-rights
CC BY-SA 3.0
<p>Someone withdrew money from my checking account (in several transactions) without my knowledge or permission. I was able to see the withdrawal slips online, and my signature was forged. I reported this to my bank as soon as I found out, and Chase said that the money would be reimbursed once they completed their in...
4,701
[ { "answer_id": 4818, "body": "<p><strong>I reported this to my bank as soon as I found out, and Chase said that the money would be reimbursed once they completed their investigation (within 10 business days).</strong></p>\n\n<p>Chase was likely indicating that the money will be reimbursed within 10 business...
[ "california", "finance", "fraud", "banking" ]
What are the legal ramifications for someone whose birth was concealed?
11
https://law.stackexchange.com/questions/94604/what-are-the-legal-ramifications-for-someone-whose-birth-was-concealed
CC BY-SA 4.0
<p>I understand that in the US, concealment of birth is against the law. I looked it up, and apparently it is a felony in most US states. (FYI I'm asking because it pertains to a work of fiction I'm writing before anyone gets the wrong idea about me!) Here's the question...</p> <p>What are the legal ramifications to...
94,604
[ { "answer_id": 94607, "body": "<p>Does this person have witnesses to his existence? Particularly before the age of five?</p>\n<p>Under 8 U.S. Code § 1401, native-born citizens include</p>\n<blockquote>\n<p>a person of unknown parentage found in the United States while under the age of five years, until sho...
[ "united-states", "birth-certificate" ]
In what forum would Iran sue Pakistan in for damages?
2
https://law.stackexchange.com/questions/94649/in-what-forum-would-iran-sue-pakistan-in-for-damages
CC BY-SA 4.0
<p>According to reports, Iran may claim $18 billion in damages from Pakistan for an unfinished pipeline if Pakistan does not complete its part of it as agreed. What forum would such a claim take place in?</p>
94,649
[ { "answer_id": 94651, "body": "<p><a href=\"https://financialtribune.com/articles/energy/117363/tehran-to-take-islamabad-to-court-over-breach-of-gas-pipeline-deal\" rel=\"nofollow noreferrer\">According to reports</a>, one potential forum is the <a href=\"https://iccwbo.org/dispute-resolution/dispute-resolu...
[ "international", "jurisdiction" ]
Where when and how did the idea of “reasonableness” originate?
2
https://law.stackexchange.com/questions/94119/where-when-and-how-did-the-idea-of-reasonableness-originate
CC BY-SA 4.0
<p>What period did it come into regular legal usage?</p> <p>Did it originate as a judicial device first or did it begin as something that would be explicitly coded into statutes?</p>
94,119
[ { "answer_id": 94120, "body": "<p>See Harold J. Berman, &quot;The Origins of Historical Jurisprudence: Coke, Selden, Hale&quot; (1994) 103 Yale Law Journal 1651, p. 1691, n. 101:</p>\n<blockquote>\n<p>the translation of &quot;reason&quot; into &quot;reasonableness&quot; and the exaltation of &quot;common se...
[ "legal-terms", "legal-history" ]
When did indictments stop saying people were &quot;moved and seduced by the instigation of the Devil&quot;?
9
https://law.stackexchange.com/questions/94553/when-did-indictments-stop-saying-people-were-moved-and-seduced-by-the-instigati
CC BY-SA 4.0
<p>Criminal indictments used to use much more detailed and flowery language than they do now. I was surprised to learn, while looking at some early U.S. documents, that they had retained a feature of indictments from English common law. For some crimes, the accused was said to have done the deeds</p> <blockquote> <p>no...
94,553
[ { "answer_id": 94646, "body": "<p>It appears that:</p>\n<ul>\n<li>This language was seen as a bit ridiculous and unnecessary even at the time, and more so as the 19th century progressed.</li>\n<li>The main objection is that the language is redundant or merely decorative. There was a general trend to make in...
[ "united-states", "criminal-law", "legal-history", "indictment" ]
Is a &quot;login timestamp&quot; considered as personal data according to GDPR?
11
https://law.stackexchange.com/questions/94638/is-a-login-timestamp-considered-as-personal-data-according-to-gdpr
CC BY-SA 4.0
<p>If software is saving the timestamp of the last login <strong>of a user</strong>, would that timestamp itself be considered personal data by GDPR?</p>
94,638
[ { "answer_id": 94640, "body": "<h2>You ask the wrong question first</h2>\n<p>What do you save in the database? Let's take an example of a door:</p>\n<ul>\n<li>Do you have a legitimate interest to know/save who passed this door?</li>\n<li>Do you have a legitimate interest to know/save when the door was opene...
[ "gdpr", "privacy", "software", "personal-information" ]
How far can cooperation between law enforcement and intelligence agencies go?
3
https://law.stackexchange.com/questions/90443/how-far-can-cooperation-between-law-enforcement-and-intelligence-agencies-go
CC BY-SA 4.0
<p><a href="https://s3.documentcloud.org/documents/1164085/sidtoday-dea-the-other-warfighter.pdf" rel="nofollow noreferrer">https://s3.documentcloud.org/documents/1164085/sidtoday-dea-the-other-warfighter.pdf</a></p> <p>This is a report explaining that DEA was aided by NSA's surveillance system at the time they were pe...
90,443
[ { "answer_id": 90446, "body": "<h2>As far as the legal powers of the organisation(s) allow</h2>\n<p>By this, I mean that if what the DEA was doing was allowed under the laws that govern the DEA, and what the NSA was doing was allowed under the laws that govern the NSA, then they can cooperate as much as the...
[ "united-states", "criminal-law", "any-jurisdiction", "surveillance" ]
Is there any country in the EU that forbids ritual cattle slaughter?
6
https://law.stackexchange.com/questions/94612/is-there-any-country-in-the-eu-that-forbids-ritual-cattle-slaughter
CC BY-SA 4.0
<p>Is there any country in the EU that forbids ritual cattle slaughter?</p> <p>If so, where are the halal and kosher certified meats sourced from?</p>
94,612
[ { "answer_id": 94613, "body": "<p>Quite the contrary. In most European countries, shechita is - at least under certain conditions - legal.</p>\n<p><a href=\"https://i.stack.imgur.com/UzeDf.png\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/UzeDf.png\" alt=\"Map of ritual slaughter laws\"...
[ "european-union" ]
Does withholding non-medical information affect medical consent?
11
https://law.stackexchange.com/questions/94565/does-withholding-non-medical-information-affect-medical-consent
CC BY-SA 4.0
<p>In an episode of the medical drama 'House', a patient needing a liver transplant is offered a live donation from her girlfriend. During the episode there's a continual argument over the ethics of whether they should tell the donor that the patient was about to break up with her prior to the hospital admission. I am ...
94,565
[ { "answer_id": 94566, "body": "<p>The primary question is whether remaining silent would constitute a breech of medical ethics. The pertinent ethical principle is <a href=\"https://journalofethics.ama-assn.org/article/ama-code-medical-ethics-opinions-organ-transplantation/2012-03\" rel=\"nofollow noreferrer...
[ "united-states", "medical", "consent", "law-in-fiction" ]
Is it illegal to hire by age in the US?
0
https://law.stackexchange.com/questions/94628/is-it-illegal-to-hire-by-age-in-the-us
CC BY-SA 4.0
<p>Maybe one of the fields that has the most &quot;ageism&quot; is programming and software engineering jobs.</p> <p>There were multiple times I hear of the CEO or SVP at the final approval stage: &quot;we want to hire a more junior person&quot;, and rejected the candidate and the 10 hours of interviews by 6 tech peopl...
94,628
[ { "answer_id": 94631, "body": "<blockquote>\n<p>The Age Discrimination in Employment Act of 1967 (ADEA) protects\ncertain applicants and employees 40 years of age and older from\ndiscrimination on the basis of age in hiring, promotion, discharge,\ncompensation, or terms, conditions or privileges of employme...
[ "united-states", "discrimination", "age" ]
Was this a case of negligent homicide, and have any other offences been committed here?
1
https://law.stackexchange.com/questions/94622/was-this-a-case-of-negligent-homicide-and-have-any-other-offences-been-committe
CC BY-SA 4.0
<p><em>Disclaimer: I do not aim to take a position on the ethics of this situation with this question. This question, and all details of the hypothetical case at hand, merely arose from a discussion I recently had, and the law surrounding it intrigued me.</em></p> <p><strong>Facts of this hypothetical case</strong></p>...
94,622
[ { "answer_id": 94625, "body": "<blockquote>\n<p>Does any American state have a statute under which Joanne would be\nliable for her son's death?</p>\n</blockquote>\n<p>Probably not. None of the mother's conduct seems like a basis for a homicide prosecution.</p>\n<p>Suicide is only prosecuted, in states that ...
[ "united-states", "england-and-wales", "negligence", "homicide", "manslaughter" ]
Can a woman living in Brazil collect child support from someone in the United States?
7
https://law.stackexchange.com/questions/94599/can-a-woman-living-in-brazil-collect-child-support-from-someone-in-the-united-st
CC BY-SA 4.0
<p>The baby was born in the United States but has been living in Brazil for 6 years. The mother is a Brazilian citizen.</p>
94,599
[ { "answer_id": 94602, "body": "<blockquote>\n<p>Can a woman living in Brazil collect child support from someone in the\nUnited States?</p>\n</blockquote>\n<p>Yes. There would need to be first, a legal establishment of paternity if that is not already in place, and then an application to a court for a child ...
[ "united-states", "child-support", "brazil" ]
Is deliberate radio interference a crime?
11
https://law.stackexchange.com/questions/94617/is-deliberate-radio-interference-a-crime
CC BY-SA 4.0
<p>I know that it is forbidden by FCC regulations to deliberately interfere with radio communications, but is it a crime?</p>
94,617
[ { "answer_id": 94621, "body": "<p>Yes. <a href=\"https://www.law.cornell.edu/uscode/text/47/333\" rel=\"noreferrer\">47 U.S. Code § 333</a> (part of the Communications Act of 1934 as amended) bans willful or malicious interference. <a href=\"https://www.law.cornell.edu/uscode/text/47/501\" rel=\"noreferrer\...
[ "united-states", "criminal-law", "radio", "fcc", "communications-law" ]
Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal?
14
https://law.stackexchange.com/questions/17225/are-drone-intrusion-prevention-systems-drone-ips-systems-illegal
CC BY-SA 3.0
<p>A <a href="https://twitter.com/JGamblin/status/831592230959788033" rel="noreferrer">drone intrusion prevention product</a> being advertised at RSA Conference this year has piqued my interest, and I'm trying to determine whether it and other drone IPS systems are illegal.</p> <p>For background, a <a href="https://en...
17,225
[ { "answer_id": 23698, "body": "<p>For the USA, the FCC has a few words to say on the subject:</p>\n<blockquote>\n<p>“Generally, “jammers” — which are also commonly called signal blockers, GPS jammers, cell phone jammers, text blockers, etc. — are illegal radio frequency transmitters that are designed to blo...
[ "united-states", "united-kingdom", "computer-misuse-act", "radio", "fcc" ]
I want to know if i have the right to push someone if they slapped me in self defense
0
https://law.stackexchange.com/questions/56683/i-want-to-know-if-i-have-the-right-to-push-someone-if-they-slapped-me-in-self-de
CC BY-SA 4.0
<p>I have a question, about 3 or 4 months ago, i was just outside chilling with some of my friends and then some girl came and slapped me, all i did was push her back in self defense. I just want to know if that is legal or not. I live in Germany, thank you.</p>
56,683
[ { "answer_id": 56688, "body": "<p>If you pushed her back <strong>after</strong> she slapped you <strong>and</strong> it is not clear that a second slapping would occur (<strong>or</strong> she slapped you, because you pushed her)</p>\n<ul>\n<li>then it is <strong>not</strong> self-defence\n<ul>\n<li>you (<s...
[ "germany", "self-defense" ]
Easy way to check if libel has been committed?
0
https://law.stackexchange.com/questions/94594/easy-way-to-check-if-libel-has-been-committed
CC BY-SA 4.0
<p>We have an article about someone's activities that I believe was written carefully to avoid libel:</p> <p><a href="http://pdacamp.com/Sam-Wolanyk-and-Tangod-Up-In-Blues/" rel="nofollow noreferrer">http://pdacamp.com/Sam-Wolanyk-and-Tangod-Up-In-Blues/</a></p> <p>Now the party in question is threatening to sue (but o...
94,594
[ { "answer_id": 94598, "body": "<blockquote>\n<p>Now the party in question is threatening to sue (but of course refuses to point to which sections he believes are libelous) ... do we have to pay the $$ to &quot;lawyer up&quot; if we want to be safe?</p>\n</blockquote>\n<p>If you get sued, you will definitely...
[ "united-states", "libel" ]
Murder due to temporary insanity
8
https://law.stackexchange.com/questions/94585/murder-due-to-temporary-insanity
CC BY-SA 4.0
<p>Due to an unfortunate event outside of his control, &quot;Juan&quot; temporarily goes insane. Due to his insanity, he commits an extremely heinous crime (say, for example, a school shooting.) Still a raving lunatic, he surrenders to the police.</p> <p>While awaiting trial, Juan receives medical treatment that causes...
94,585
[ { "answer_id": 94589, "body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged &#39;canada&#39;\" aria-label=\"show questions tagged &#39;canada&#39;\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>The terminology in Canada &quot;not...
[ "united-states", "insanity" ]
In American criminal law, do prosecutors who seek to prosecute a defendant need to have evidence of the defendant&#39;s guilt beyond a reasonable doubt?
-3
https://law.stackexchange.com/questions/94541/in-american-criminal-law-do-prosecutors-who-seek-to-prosecute-a-defendant-need
CC BY-SA 4.0
<p>Would the judge in a criminal trial consider a prosecutor's statement that some evidence is representative of a defendant's guilt is a <em>false statement</em> by seeking the evidence to be inferred as <strong>conclusive</strong> without being thoroughly tested?</p>
94,541
[ { "answer_id": 94546, "body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged &#39;united-states&#39;\" aria-label=\"show questions tagged &#39;united-states&#39;\" rel=\"tag\" aria-labelledby=\"tag-united-states-tooltip-container\">united-states</a></p>\n<p>...
[ "criminal-law", "criminal-procedure", "prosecutorial-discretion", "prosecution", "burden-of-proof" ]
If a parent withdraws a minor student from school, or prevents them from attending, is that a criminal violation of a mandatory attendance law?
4
https://law.stackexchange.com/questions/94609/if-a-parent-withdraws-a-minor-student-from-school-or-prevents-them-from-attendi
CC BY-SA 4.0
<p>Both of my parents signed an agreement with my high school to permit me to complete my high school graduation requirements in college. They both also signed a college enrollment form that specifically gave me permission as a minor and their dependent child to attend the college. My (high) school district is paying f...
94,609
[ { "answer_id": 94619, "body": "<p><a href=\"https://app.leg.wa.gov/rcw/default.aspx?cite=28a.225&amp;full=true\" rel=\"nofollow noreferrer\">Washington has such laws</a>. RCW 28A.225.010 states the exceptions to the compulsory attendance requirement, which includes: is attending private school or extension ...
[ "parental-rights", "students" ]
GDPR and privacy policy compliance for software used internally by customer company
3
https://law.stackexchange.com/questions/94614/gdpr-and-privacy-policy-compliance-for-software-used-internally-by-customer-comp
CC BY-SA 4.0
<p>We are developing software that are sold to and used by other companies. In the software, certain types of personal data, like name, email and phone number, can be stored when a user registers. The data is stored on a server owned by our customer. Our customer owns all the data. Our software shows this data in certa...
94,614
[ { "answer_id": 94616, "body": "<p>Alice's business sells database management software.</p>\n<p>Organisations buy or licence the software, deploy it on hardware they control and use the software to help store and, process and analyse 'personal data' within the meaning of GDPR.</p>\n<p>Alice's business has no...
[ "gdpr", "privacy", "software" ]
Is it legal for companies to pay salaries or bonuses as lootboxes?
5
https://law.stackexchange.com/questions/94561/is-it-legal-for-companies-to-pay-salaries-or-bonuses-as-lootboxes
CC BY-SA 4.0
<p>The South Korean branch of video game publisher Nexon made headlines online when it <a href="https://www.insight.co.kr/news/298391" rel="noreferrer">gave out a small bonus to its employees in the form of lootboxes.</a> A monthly bonus coupon was given in August 2020 to employees. The employees would type a keyword i...
94,561
[ { "answer_id": 94578, "body": "<p><a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged &#39;germany&#39;\" aria-label=\"show questions tagged &#39;germany&#39;\" rel=\"tag\" aria-labelledby=\"tag-germany-tooltip-container\">germany</a></p>\n<blockquote>\n<p>Is it legal for ...
[ "corporate-law", "any-jurisdiction", "salary", "employee" ]
Is there such a thing as &#39;attempted copyright infringement&#39; in the UK?
5
https://law.stackexchange.com/questions/93804/is-there-such-a-thing-as-attempted-copyright-infringement-in-the-uk
CC BY-SA 4.0
<p>I've recently read an article about a proposed bill that would criminalise attempted copyright infringement in the US. link - <a href="https://www.wired.com/2007/05/ippa07/" rel="nofollow noreferrer">https://www.wired.com/2007/05/ippa07/</a></p> <p>I was wondering if the UK had any legislation on this. Any help is m...
93,804
[ { "answer_id": 93810, "body": "<h2>Yes</h2>\n<p><a href=\"/questions/tagged/australia\" class=\"post-tag\" title=\"show questions tagged &#39;australia&#39;\" aria-label=\"show questions tagged &#39;australia&#39;\" rel=\"tag\" aria-labelledby=\"tag-australia-tooltip-container\">australia</a></p>\n<p><a hre...
[ "copyright", "united-kingdom", "criminal-law" ]
What is the place of birth of a child born in the embassy?
15
https://law.stackexchange.com/questions/87148/what-is-the-place-of-birth-of-a-child-born-in-the-embassy
CC BY-SA 4.0
<p>If someone living at an embassy abroad gave birth to a child on the embassy grounds, then what country and what place will be indicated on the birth certificate?</p> <p>To clarify the question, let's assume that we mean the US embassy in another country. But I'm also interested in how a similar situation will occur ...
87,148
[ { "answer_id": 87149, "body": "<p>The place of birth on the birth certificate is where the child was actually born. Indeed, usually it will be more specific than city and state or province and will also identify a hospital or residence or other place where the birth happened.</p>\n<p>So, for example, if a c...
[ "birth-certificate" ]
How would a potential Juror report another as not suited to be in a jury?
10
https://law.stackexchange.com/questions/94596/how-would-a-potential-juror-report-another-as-not-suited-to-be-in-a-jury
CC BY-SA 4.0
<p>The only time I was ever called for jury duty while waiting with potential Jurors I spoke to one who essentially said that she believed that a trial would only happen if the cops had definitive proof and as such anyone who made it to trail was surely guilty. I tried to point out that was antithetical to the very co...
94,596
[ { "answer_id": 94606, "body": "<h2>Don't be prejudicial</h2>\n<p>You have no idea if this person would be suitable to be on a jury based simply on this conversation. You need to wait until you are sharing the jury room and look at the way they actually behave.</p>\n<p><a href=\"/questions/tagged/new-south-w...
[ "united-states", "jury" ]
Where does the idea of entitlement to make submissions to a court originate?
-3
https://law.stackexchange.com/questions/94591/where-does-the-idea-of-entitlement-to-make-submissions-to-a-court-originate
CC BY-SA 4.0
<p>The court originally derived its authority solely from the supreme sovereignty of the crown. But if the royal power is so supreme, then why are subjects allowed as a matter of apparently solemn entitlement, to make such detailed submissions as to how this power should be exercised?</p> <p>Doesn’t the idea of supreme...
94,591
[ { "answer_id": 94601, "body": "<p>This is just an instantiation of the ancient legal principle <em><a href=\"https://en.m.wikipedia.org/wiki/Audi_alteram_partem\" rel=\"nofollow noreferrer\">audi alteram partem</a></em> (hear the other side).</p>\n<p>James Tully says (in &quot;<a href=\"https://www.erudit.o...
[ "legal-history" ]
Landlord claims I missed a rent payment from over a year ago, I don&#39;t have easy way to confirm a payment from that far back. What are my obligations?
2
https://law.stackexchange.com/questions/94593/landlord-claims-i-missed-a-rent-payment-from-over-a-year-ago-i-dont-have-easy
CC BY-SA 4.0
<p>I'm renting a room from a person, not a large organization; it's a monthly rental. He claims he just saw I had missed my monthly rent payment from April of last year. I don't have an easy way to check back more then a year ago to see if I made the payment.</p> <p>Now realistically I don't see this going to court o...
94,593
[ { "answer_id": 94595, "body": "<p>If you want to be argumentative about it, the burden of proof is on the person making the accusation. This also means the burden of production is, too. Underlying the whole matter is a claim that you've engaged in &quot;breach of contract,&quot; namely failing to pay rent. ...
[ "united-states", "rental-property", "rent" ]
Does copyright law prevent the destruction of works?
6
https://law.stackexchange.com/questions/94433/does-copyright-law-prevent-the-destruction-of-works
CC BY-SA 4.0
<p>Does copyright law, in any jurisdiction, prevent the owner of a physical instance of a copyrighted work from destroying it?</p> <p>Are there other laws that allow the creator to prevent destruction of artworks by their owners?</p>
94,433
[ { "answer_id": 94434, "body": "<h2>You own it</h2>\n<p>In general, if you own an object, you can do what you like with it if you otherwise comply with the law.</p>\n<p>It is possible that a particular object may be protected under heritage or similar law, but if it isn’t, and you comply with environmental a...
[ "copyright", "any-jurisdiction" ]
Playing a game I didn&#39;t purchase (until now)
-1
https://law.stackexchange.com/questions/52056/playing-a-game-i-didnt-purchase-until-now
CC BY-SA 4.0
<p>For about 6 months I've been playing my brother's copy of the original DOOM and DOOM 2. He purchased it on Steam, however there is no DRM lock-in on the actual IWAD gamefiles (all that's required to play the games).</p> <p>I became curious, at what point is it considered piracy. Lets begin with, I am playing it on ...
52,056
[ { "answer_id": 52070, "body": "<p>At the point where you copy the game files, including the WADs, onto a new machine the original licensee (your brother) does not have access to, you are infringing copyright.</p>\n<p>Merely copying the files onto a Linux partition won't constitute infringement as it's the s...
[ "eula", "online-piracy" ]
What is the origin of the term “court” as a reference to the judicial institution?
3
https://law.stackexchange.com/questions/94588/what-is-the-origin-of-the-term-court-as-a-reference-to-the-judicial-institutio
CC BY-SA 4.0
<p>Does the legal usage of the word court as in a court of law derive from the idea of a royal court, as an expression of the idea that the original courts of law were ultimately simple vehicles for the exercise or discharge of royal authority on behalf of the royal sovereign?</p> <p>If not, then what is the origin of ...
94,588
[ { "answer_id": 94590, "body": "<blockquote>\n<p>Does the legal usage of the word court as in a court of law derive from the idea of a royal court, as an expression of the idea that the original courts of law were ultimately simple vehicles for the exercise or discharge of royal authority on behalf of the ro...
[ "legal-terms", "legal-history" ]
What&#39;s the default copyright transfer for a magazine article, in absence of a written contract?
6
https://law.stackexchange.com/questions/94568/whats-the-default-copyright-transfer-for-a-magazine-article-in-absence-of-a-wr
CC BY-SA 4.0
<p>Suppose an author sells an article to a magazine in the United States, but without a written contract and without any oral discussion of what rights were being sold. The magazine comes out containing the article, and everyone is happy. Now, many years later, the magazine wants to include the article in a new bound v...
94,568
[ { "answer_id": 94570, "body": "<h2>None</h2>\n<p><strong>Transfer</strong> of copyrights or exploitation rights <strong>always</strong> requires a written contract.</p>\n<p><strong>Licensing</strong> does not require a written contract.</p>\n<h2>HOWEVER....</h2>\n<p>&quot;An author sells an article to a mag...
[ "copyright" ]
Why are some sections of the US Code formatted so weirdly?
3
https://law.stackexchange.com/questions/94580/why-are-some-sections-of-the-us-code-formatted-so-weirdly
CC BY-SA 4.0
<h1>There are actually two questions here.</h1> <p><strong>First</strong>, why are sections not in order? You have 28 USC §1 through §6, which talk about the Supreme Court, then you have §41 to §49 (appeals courts), then §81 to §144 (district courts) immediately afterwards.</p> <p>Why is this? Does Congress do this sor...
94,580
[ { "answer_id": 94583, "body": "<p>Many of the titles in the U.S. Code <a href=\"https://uscode.house.gov/codification/positive_law_codification.pdf\" rel=\"nofollow noreferrer\">are not positive codifications</a>. Instead they are consolidations, classifications, and editorial codifications made by the Offi...
[ "united-states", "legal-history", "legislative-drafting" ]
How could someone whose trades are being copied be liable to the person who is doing the copying?
3
https://law.stackexchange.com/questions/94567/how-could-someone-whose-trades-are-being-copied-be-liable-to-the-person-who-is-d
CC BY-SA 4.0
<p><a href="https://web3isgoinggreat.com/?id=nft-copytrader-tricked" rel="nofollow noreferrer">It is reported</a> that someone was copying the trades of a noted NFT trader. This noted NFT trader profited from this by making an inflated bids on one of his own NFTs, and when the copycat replicated the trades on other NF...
94,567
[ { "answer_id": 94569, "body": "<h2>This type of fraud is called <a href=\"https://en.wikipedia.org/wiki/Shill#Auctions\" rel=\"nofollow noreferrer\">shill bidding</a></h2>\n<p>Unless the rules of the auction allow it, a vendor is not permitted to bid on their own item. Even when they are, such vendor bids m...
[ "contract-law", "theft", "cryptocurrency" ]
Is avoiding captcha illegal?
1
https://law.stackexchange.com/questions/94577/is-avoiding-captcha-illegal
CC BY-SA 4.0
<p>This question came to mind reviewing <a href="https://stackoverflow.com/a/76858283/6213883">this</a> SO answer. There is this <a href="https://law.stackexchange.com/questions/1411/are-captcha-solver-farms-illegal">similar question here</a>, but it's 8 years old, and covers only the UK and north America.</p> <p>So, I...
94,577
[ { "answer_id": 94579, "body": "<p>It’s not “bypassing the captcha” that is the problem, but accessing a server in a way that you are not allowed to.</p>\n<p>Say you are a human being, you visit a website, there’s a captcha, and your eyesight is quite bad. The website is ok with humans using the site. So ask...
[ "european-union", "france" ]
When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?
3
https://law.stackexchange.com/questions/94574/when-does-s31-of-the-defamation-act-not-apply-in-malicious-falesehood-cases
CC BY-SA 4.0
<p>To successfully bring a claim for maliicous falsehood in the UK, one has to show that one has suffered &quot;special damages&quot;, which are actual damages suffered as a direct consequence of a malicious, false statement.</p> <p>However, one does not have to do this if s3(1) of the Defamation Act 1952 applies. This...
94,574
[ { "answer_id": 94581, "body": "<h3>The section exempts the plaintiff from having to prove or even plead special damages when they instead plead and prove that the words were intended to cause pecuniary (even if not yet realized) damages</h3>\n<p>This statutory exception has also been adopted in Canadian jur...
[ "united-kingdom", "defamation", "tort", "damages" ]
Can teachers search our dorms without our explicit consent if they have &quot;suspicion&quot;?
24
https://law.stackexchange.com/questions/94486/can-teachers-search-our-dorms-without-our-explicit-consent-if-they-have-suspici
CC BY-SA 4.0
<p>I am a girl attending a boarding high school in the US. In June, some students who returned to the dorm early saw some male teachers exiting their rooms. They reportedly ran back to the school building without answering any questions when they saw the students. That night, multiple students shared that their drawers...
94,486
[ { "answer_id": 94489, "body": "<p>A private school in the US is not bound by the 4th Amendment requirement for searches to be &quot;reasonable&quot;, just as parents do not need a search warrant to search your room. Instead, limitations would arise from contract law. This typically means that per the contra...
[ "united-states", "privacy", "jurisdiction", "search-and-seizure", "school" ]
Can a company demand employees use part of their paycheck to buy their services?
5
https://law.stackexchange.com/questions/94544/can-a-company-demand-employees-use-part-of-their-paycheck-to-buy-their-services
CC BY-SA 4.0
<p>A retail chain my friend worked for wanted to boost sales of a membership that included benefits like free shipping and preferred pricing. They gave each employee a small bonus on 1 paycheck equal to the price of the membership and employees were told the bonus was to be used to buy a membership for themselves. Appa...
94,544
[ { "answer_id": 94552, "body": "<p>If the employee has the choice - bonus and membership, or no bonus - then I expect the offer to be legal. Since it is a real bonus and part of your salary you will have to pay income tax on it.</p>\n<p>What might be illegal, but not your concern, is if your company tells in...
[ "united-states", "payment" ]
How can I ensure I am contacted when a specific relative dies or is hospitalised?
8
https://law.stackexchange.com/questions/94439/how-can-i-ensure-i-am-contacted-when-a-specific-relative-dies-or-is-hospitalised
CC BY-SA 4.0
<p>I have an Uncle in declining years that lives a state or two away. Is there any protocol for having local emergency services call my cell should my Uncle be taken to hospital, becomes unconscious, passes away?</p> <p>I have spoken with him, know his wishes, and call weekly, but circumstances may arise. How would I r...
94,439
[ { "answer_id": 94449, "body": "<blockquote>\n<p>How would I receive a call if he is not able to call me or communicate\nwith emergency personal?</p>\n</blockquote>\n<p>There is no ironclad method. The law does not specify how authorities should determine contact information for next of kin. As a practical m...
[ "united-states", "medical", "new-jersey", "emergencies" ]
Can I use my browser to change the prices of things I buy online?
2
https://law.stackexchange.com/questions/1239/can-i-use-my-browser-to-change-the-prices-of-things-i-buy-online
CC BY-SA 3.0
<p>I can use Chrome's inspector tools to modify my local copy of the html on websites I visit. After changing the prices on a page in this way, for some websites I believe I can actually proceed through a checkout process, and buy items at whatever new altered price I want. </p> <p>What kind of trouble can I get into ...
1,239
[ { "answer_id": 1244, "body": "<p>You can get arrested for theft and/or fraud. This is not some new way to steal items; changing price tags started approximately the day after price tags were invented. Some state laws handle it explicitly, some implicitly; for instance, Maryland defines &quot;deception&quot;...
[ "united-states" ]
Vietnamese branch of international company with too few sick leave days
1
https://law.stackexchange.com/questions/78533/vietnamese-branch-of-international-company-with-too-few-sick-leave-days
CC BY-SA 4.0
<p>Suppose that a person A recently got a job in Vietnam from an international company based in Europe. FIt ism my understanding that the minimal sick leave days required in Vietnam is 30 days, but this company has it in the single digits.</p> <p>Is this company violating Vietnamese labor laws? If yes, what can A do a...
78,533
[ { "answer_id": 78541, "body": "<p><strong>Such a person is not necessarily covered by Vietnamese employment law.</strong></p>\n<p>It is common for employees from one country to work in another - that does not automatically make them subject to the second country’s employment law. Temporary overseas assignme...
[ "labor-law", "vietnam" ]
Does any state legislature explicitly prohibit the use of playing cards in school?
15
https://law.stackexchange.com/questions/94537/does-any-state-legislature-explicitly-prohibit-the-use-of-playing-cards-in-schoo
CC BY-SA 4.0
<p>I am a Math teacher in a private school in the US. A majority of students consider probability and statistics a very boring topic and tend to focus significantly less compared to other topics. So last semester I reworked the curriculum and started playing games with decks of playing cards. I encouraged students to c...
94,537
[ { "answer_id": 94540, "body": "<p><a href=\"/questions/tagged/england\" class=\"post-tag\" title=\"show questions tagged &#39;england&#39;\" aria-label=\"show questions tagged &#39;england&#39;\" rel=\"tag\" aria-labelledby=\"tag-england-tooltip-container\">england</a></p>\n<p>Quite the opposite; although p...
[ "united-states", "education", "gambling", "school" ]
Theoretical vs. Actual Speed Limit
1
https://law.stackexchange.com/questions/94538/theoretical-vs-actual-speed-limit
CC BY-SA 4.0
<p>One of the peculiarities of Texas is that it's normal for people to drive 5-10 MPH over the speed limit while on the interstate. Provided they're not doing a speed trap, the police generally don't care.</p> <p>Another of Texas's peculiarities is that most drivers don't respect reduced speed limits for construction z...
94,538
[ { "answer_id": 94551, "body": "<p>The situation in Texas is complicated. Driving faster than the posted maximum speed limit is not in and of itself a crime; rather, per <a href=\"https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.352\" rel=\"noreferrer\">Texas Transportation Code 545.352(a)</a>,...
[ "united-states", "traffic", "texas" ]
Is it illegal to take pictures of the police in public in Germany?
35
https://law.stackexchange.com/questions/94506/is-it-illegal-to-take-pictures-of-the-police-in-public-in-germany
CC BY-SA 4.0
<p>I visited Cologne last year. I was taking a selfie with my phone's inner camera in front of a monument. I was unaware that my phone's outer camera was facing police officers conducting checks. One of them noticed it and approached me. He saw the picture of me with the monument instead of them, apologized for his mis...
94,506
[ { "answer_id": 94507, "body": "<h2>No, but...</h2>\n<p>It is not an offense to photograph people, especially if they are just caught at the edge or out of the center of the photography. <strong>However</strong> you do not have a right to photograph people either. In fact, under German law, you have to gain ...
[ "privacy", "police", "germany", "photography", "schengen" ]
What, if any, is the tolerance built into speed limits in India?
3
https://law.stackexchange.com/questions/78385/what-if-any-is-the-tolerance-built-into-speed-limits-in-india
CC BY-SA 4.0
<p>Jurisdiction: India Legislation: Central Motor Vehicles Act</p> <p>Sub-jurisdiction: Maharashtra Legislation: Mumbai Motor Vehicles Act</p> <p>Speed limits in India are according to the referenced article below. In many nations, there is actually a grace of +5km/hr, or similar value so that any inadvertent gain (e.g...
78,385
[ { "answer_id": 78389, "body": "<p><strong>What, if any, is the tolerance built into speed limits in India?</strong></p>\n<p>None in statute (that I can find), but the police may have an informal policy<sup>1</sup>\nto allow for other factors like inaccuracies in one's speedometer and misreading the needle d...
[ "india", "speeding" ]
In France, can the insurance not apply if my motorcycle has racing parts?
2
https://law.stackexchange.com/questions/94527/in-france-can-the-insurance-not-apply-if-my-motorcycle-has-racing-parts
CC BY-SA 4.0
<p>I have a motorcycle in France that is insured. For clarification, I do ride on road and not on a circuit.</p> <p>Doing some maintenance, I changed the air filter to a racing one that says to increase air flow (and therefore performances). In the description of the filter is written &quot;Competition use on closed ci...
94,527
[ { "answer_id": 94528, "body": "<h2>Racing parts generally lack EWG certification and thus roadworthiness certificates</h2>\n<p><a href=\"https://www.tuningblog.eu/fr/cat%C3%A9gories/wiki-de-r%C3%A9glage/Permis-d%27exploitation-ewg-235351/\" rel=\"nofollow noreferrer\">A part needs to have an EWG registratio...
[ "liability", "insurance", "france", "motorcycle" ]
Is there a bright line for witness, prosecutor &amp; judge intimidation?
3
https://law.stackexchange.com/questions/94493/is-there-a-bright-line-for-witness-prosecutor-judge-intimidation
CC BY-SA 4.0
<p><a href="https://abcnews.go.com/Politics/special-counsel-alerts-court-trumps-social-media-post/story?id=102037053" rel="nofollow noreferrer">ABC News reports:</a></p> <blockquote> <p>Trump on Friday afternoon had posted a message to his social media platform, Truth Social, saying, &quot;IF YOU GO AFTER ME, I'M COMIN...
94,493
[ { "answer_id": 94494, "body": "<p>The only bright line regards the First Amendment. <a href=\"https://www.law.cornell.edu/uscode/text/18/1512\" rel=\"nofollow noreferrer\">18 USC 1512</a> articulates a line that is not to be crossed, but it is not clear where the line is as regards speech (subsection (a)(1)...
[ "freedom-of-speech" ]
Is it generally legally allowed for UK police to lie to people in the regular course of discharging their policing duties?
7
https://law.stackexchange.com/questions/84483/is-it-generally-legally-allowed-for-uk-police-to-lie-to-people-in-the-regular-co
CC BY-SA 4.0
<p>Generally speaking can one count on the words coming out of a British police officer in uniforms mouth as truthful? Under what circumstances is it permitted not to be? Is there any special circumstances or authorizations that are required for them to be permitted to lie? If so, what are these?</p>
84,483
[ { "answer_id": 94532, "body": "<p>It seems to not be allowed for a UK police to lie.</p>\n<blockquote>\n<p><a href=\"https://www.legislation.gov.uk/ukpga/1984/60/contents\" rel=\"nofollow noreferrer\">The Police and Criminal Evidence Act 1984</a> makes it illegal for the police to mislead a suspect in order...
[ "united-kingdom", "england-and-wales", "police", "police-power" ]
&quot;In person&quot; in UK practice
3
https://law.stackexchange.com/questions/94504/in-person-in-uk-practice
CC BY-SA 4.0
<p>If the record of a UK civil hearing identifies a party as being &quot;in person&quot;, does that mean that the defendant was physically present or that the court had not been informed that the defendant had professional representation?</p> <p>There are actually three hearings involved. In (1), a court ruled in favou...
94,504
[ { "answer_id": 94519, "body": "<p>I don't think the record keeping of the lower courts that grant the majority of default judgments is consistent enough to confidently say what &quot;in person&quot; means, especially without a copy of the document to read in its full context. However, it probably means that...
[ "united-kingdom", "legal-terms", "civil-procedure" ]
What is a &quot;strata lot&quot;?
2
https://law.stackexchange.com/questions/94514/what-is-a-strata-lot
CC BY-SA 4.0
<p>In relation to real property, what is a &quot;strata lot&quot;?</p>
94,514
[ { "answer_id": 94515, "body": "<p>A strata lot is a unit of real property resulting from the division of property into lots as per a &quot;strata plan&quot; under the <a href=\"https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_00_multi\" rel=\"nofollow noreferrer\"><em>Strata Property Ac...
[ "legal-terms", "british-columbia", "any-jurisdiction", "real-property", "strata-property" ]
When does a cogeneration plant feed power to the net, according to the german KWK-G 2015?
1
https://law.stackexchange.com/questions/29850/when-does-a-cogeneration-plant-feed-power-to-the-net-according-to-the-german-kw
CC BY-SA 4.0
<p>§7 (1) of the current german <a href="https://www.gesetze-im-internet.de/kwkg_2016/" rel="nofollow noreferrer">KWK-G</a> (Law concerning co-generation plants) makes a huge difference for power fed into the grid, or not. Say an installation consumes 150-200 kW contiually, and operates a 100kW el CHP - so there's neve...
29,850
[ { "answer_id": 94523, "body": "<blockquote>\n<p>(1) Der Zuschlag für KWK-Strom, der in ein Netz der allgemeinen Versorgung eingespeist wird und auf den die §§ 61e bis 61g und 104 Absatz 4 des Erneuerbare-Energien-Gesetzes in der am 31. Dezember 2022 geltenden Fassung nicht anzuwenden sind, beträgt...</p>\n<...
[ "germany", "legal-terms" ]
Is the District of Columbia a &quot;territory&quot;?
4
https://law.stackexchange.com/questions/94521/is-the-district-of-columbia-a-territory
CC BY-SA 4.0
<p>Within the boundaries of the United States there were at various times &quot;organized incorporated territories&quot;, that were not a part of any of the states and whose governments were organized by acts of Congress rather than by a state constitution drafted by statesmen within the state and enacted by the voters...
94,521
[ { "answer_id": 94522, "body": "<p><a href=\"https://constitution.congress.gov/browse/article-1/section-8/clause-17/\" rel=\"noreferrer\">Art. I Sec. 8 Cl. 17</a> states that &quot;The Congress shall have Power&quot;</p>\n<blockquote>\n<p>To exercise exclusive Legislation in all Cases whatsoever, over such\...
[ "district-of-columbia" ]
Strata bylaw about secondary suite in Lower mainland area
0
https://law.stackexchange.com/questions/94454/strata-bylaw-about-secondary-suite-in-lower-mainland-area
CC BY-SA 4.0
<p>The townhome is in Port Coquitlam, BC, Canada and the strata by-law states</p> <blockquote> <p>Secondary suites within Strata Lots are prohibited. Should any Owner of a Strata Lot be found to have constructed a secondary suite within his or her or any other Strata Lot located in the Strata Plan, the Strata Council s...
94,454
[ { "answer_id": 94464, "body": "<p>You will need look up the definition of a &quot;secondary suite&quot; and include that in your question for a better answer.</p>\n<p>Where I live this is called an ADU, for Auxiliary Dwelling Unit. The definition of an ADU specifies permanent facilities for sleeping, sanit...
[ "canada", "british-columbia", "hoa", "strata-property" ]
California being more powerful than the federal government
-5
https://law.stackexchange.com/questions/94143/california-being-more-powerful-than-the-federal-government
CC BY-SA 4.0
<p>The federal government has the power of administrative wage garnishment. This allows it to complete a levy by filling a form rather than filing a collection lawsuit and using courts. It is still an administrative procedure, there is still a form to issue.</p> <p>The California Franchise Tax Board bypasses this enti...
94,143
[ { "answer_id": 94146, "body": "<p>Your premise that California's tax collection powers are greater than federal tax collection powers is basically wrong.</p>\n<p>Both California and the federal government carry out most of their due process functions within their respective tax collection agencies in an adm...
[ "california" ]
Are Technological Standards bodies required to be approved by the government?
3
https://law.stackexchange.com/questions/94510/are-technological-standards-bodies-required-to-be-approved-by-the-government
CC BY-SA 4.0
<p>In the interest of cross vendor compatibility, the method by which different technologies interoperate is often standardized. This means that a non binding agreement is made between multiple parties to abide by rules set forth in a documented standard.</p> <p>Examples of this include The USB Device Working Group, Je...
94,510
[ { "answer_id": 94512, "body": "<p>Standards-setting by industry groups is not inherently anti-competitive and these groups do not require a licence from the government to operate. They are a prototypical example of &quot;private ordering&quot; (see David J. Teece &amp; Edward F. Sherry, &quot;Standards Sett...
[ "us-federal-government", "antitrust-law" ]
Can privacy regulations prevent my alma mater from sharing the fact that I graduated there?
2
https://law.stackexchange.com/questions/94509/can-privacy-regulations-prevent-my-alma-mater-from-sharing-the-fact-that-i-gradu
CC BY-SA 4.0
<p>I graduated from some private high school a long time ago. During my years there, I have experienced and witnessed a variety of dubious practices that violate students' rights. I always wanted to leave but never had the necessary resources nor support to execute my plan. Due to this I never associate myself with my ...
94,509
[ { "answer_id": 94511, "body": "<p>The privacy rule is spelled out <a href=\"https://www.ecfr.gov/current/title-34/subtitle-A/part-99\" rel=\"nofollow noreferrer\">here</a>. Subpart D addresses disclosure of personally identifiable information from education records, saying when consent is required vs. not r...
[ "united-states", "privacy", "personal-information", "school", "ferpa" ]
What legal designation status does the Ukrainian flag possess, and what recent changes has it had to its status?
0
https://law.stackexchange.com/questions/94503/what-legal-designation-status-does-the-ukrainian-flag-possess-and-what-recent-c
CC BY-SA 4.0
<p>Under the town and country planning act, flags have three possible designations.</p> <p>What is the designation of the Ukrainian flag, and what has been its most recent changes of status?</p>
94,503
[ { "answer_id": 94505, "body": "<p>The flag of Ukraine is a &quot;Class H&quot; advertisement under Schedule 1 of the <a href=\"https://www.legislation.gov.uk/uksi/2007/783\" rel=\"nofollow noreferrer\"><em>The Town and Country Planning (Control of Advertisements) (England) Regulations 2007</em></a>, seconda...
[ "england-and-wales", "flag" ]
Which law rules polygraphs inadmissible in UK?
2
https://law.stackexchange.com/questions/94490/which-law-rules-polygraphs-inadmissible-in-uk
CC BY-SA 4.0
<p>Where does it say that polygraph tests (lie detector tests) are inadmissible under law in England and Wales?</p> <p>I am mostly interested in their usage being disallowed for criminal (both Magistrates' Court and Crown Court) and civil matters. However, if they were allowed elsewhere, such as for employment tribunal...
94,490
[ { "answer_id": 94492, "body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged &#39;canada&#39;\" aria-label=\"show questions tagged &#39;canada&#39;\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>See <em>R. v. Béland</em>, <a href=...
[ "united-kingdom", "criminal-law", "england-and-wales", "civil-law", "common-law" ]
whether entitled to reward or not
2
https://law.stackexchange.com/questions/94465/whether-entitled-to-reward-or-not
CC BY-SA 4.0
<p>Tam lost his wireless airpods in the campus. He advertised online and near the campus, a reward of $50 to who returns the lost earphones.</p> <p>Sania found them and went to return it. But next day she saw the advertisement and claim the reward. Advise Tam.</p>
94,465
[ { "answer_id": 94473, "body": "<h2>Sania is entitled to a reward of 7,50€.</h2>\n<p><a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged &#39;germany&#39;\" aria-label=\"show questions tagged &#39;germany&#39;\" rel=\"tag\" aria-labelledby=\"tag-germany-tooltip-container\">...
[ "australia" ]
If for some reason the Canadian Parliament had the idea to impeach and convict someone, what would be the legal implications of that?
3
https://law.stackexchange.com/questions/94287/if-for-some-reason-the-canadian-parliament-had-the-idea-to-impeach-and-convict-s
CC BY-SA 4.0
<p>I am 100% aware of what a no confidence motion is. This is emphatically not what I am referring to.</p> <p>Impeachment is an unambiguous right of the Parliament of the United Kingdom to have, having been used for centuries even though nobody has been convicted in the last 200, starting in the Good Parliament of 1376...
94,287
[ { "answer_id": 94364, "body": "<p>Section 18 of the Constitution Act 1867 states:</p>\n<blockquote>\n<p>The privileges, immunities, and powers to be held, enjoyed, and\nexercised by the Senate and by the House of Commons, and by the\nmembers thereof respectively, shall be such as are from time to time\ndef...
[ "common-law", "impeachment" ]
Can students transfer to a new high school purely on their will?
2
https://law.stackexchange.com/questions/94495/can-students-transfer-to-a-new-high-school-purely-on-their-will
CC BY-SA 4.0
<p>My high school life was subpar at the very least. I was constantly bullied and never received the necessary protection from school staff. This coupled with dwindling grades created a negative feedback loop. My health was degrading both mentally and physically so I consulted the school counselor. She was unwilling to...
94,495
[ { "answer_id": 94496, "body": "<p>The primary question is whether the target school can/must accept you. A private school is not compelled to accept you, a public school might be. Because of the law compelling you (as a minor) to go to school, some public school will have to accept you as a student. However...
[ "united-states", "new-york-state", "new-york-city", "school", "students" ]
Are surveillance laws in EU member states necessary and proportionate?
2
https://law.stackexchange.com/questions/94468/are-surveillance-laws-in-eu-member-states-necessary-and-proportionate
CC BY-SA 4.0
<p>On the 10th of July the EU Commission adopted a new adequacy decision, as a successor to the failed Safe Harbour and Privacy Shield agreements, to allow data transfers from the EU to the USA. The two areas this covers are legal redress if data is wrongly handled, and the question if the surveillance laws that allow ...
94,468
[ { "answer_id": 94477, "body": "<h2>These are only tangentially related to the GDPR</h2>\n<p>A government entity processing data in accordance with a member state law is <em>ipso facto</em> in compliance with the GDPR.</p>\n<p>That’s because lawful government data processing is a legitimate reason for proces...
[ "gdpr", "surveillance" ]
Citizenship of a US State (or German Land, or Canadian province, or US/Canadian territory)
7
https://law.stackexchange.com/questions/94352/citizenship-of-a-us-state-or-german-land-or-canadian-province-or-us-canadian
CC BY-SA 4.0
<p>Does any of the US states or aforementioned entities maintain a legal status comparable to that of citizenship/nationality, specific to people who are for example born in that state or have acquired that citizenship by rules fixed by the state?</p> <p>Something like that would include, for example, specific protecti...
94,352
[ { "answer_id": 94360, "body": "<p><a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged &#39;germany&#39;\" aria-label=\"show questions tagged &#39;germany&#39;\" rel=\"tag\" aria-labelledby=\"tag-germany-tooltip-container\">germany</a></p>\n<p>German Länder do not provide a...
[ "federalism" ]
Does the right to a speedy trial extend to the prosecution?
8
https://law.stackexchange.com/questions/94478/does-the-right-to-a-speedy-trial-extend-to-the-prosecution
CC BY-SA 4.0
<p>The Sixth Amendment to the US Constitution guarantees the defendant the right to a speedy trial. In comments related to Donald Trump's latest arraignment, his lawyer suggested that Donald Trump doesn't want a speedy trial.</p> <p>Has a ruling ever held that the right to a speedy trial extends to the prosecution, or...
94,478
[ { "answer_id": 94479, "body": "<p>The Sixth Amendment is very specific: &quot;[T]he accused shall enjoy the right to a speedy[...] trial.&quot; There is no such constitutional right given to the prosecution, and such a right would not serve the public interest. Defendants very often waive their right to a s...
[ "united-states", "sixth-amendment" ]
Does the First Amendment shield the previous president from the August 2023 D.C. Indictments?
-2
https://law.stackexchange.com/questions/94453/does-the-first-amendment-shield-the-previous-president-from-the-august-2023-d-c
CC BY-SA 4.0
<p>The former president is <a href="https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf" rel="nofollow noreferrer">charged</a> with:</p> <p>Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States)</p> <p>Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding)</p> <p>Count 3: 18 U.S.C...
94,453
[ { "answer_id": 94455, "body": "<p>The constitutionality of each of the charges is well supported and there is no really viable First Amendment defense to any of them.</p>\n<p>There is literally a <a href=\"https://www.justice.gov/criminal/file/1029066/download\" rel=\"noreferrer\">U.S. Justice Department ha...
[ "united-states", "criminal-law", "freedom-of-speech", "elections" ]
Restriction of freedom of expression in the case of sympathy for terrorist organisations
1
https://law.stackexchange.com/questions/94469/restriction-of-freedom-of-expression-in-the-case-of-sympathy-for-terrorist-organ
CC BY-SA 4.0
<p>There is a number of organisations which are listed by the US government as terrorist organisations - <a href="https://en.wikipedia.org/wiki/List_of_designated_terrorist_groups" rel="nofollow noreferrer">Wikipedia</a></p> <p>What are the legal implications of this in relation to the 1st Amendment? If, for example, t...
94,469
[ { "answer_id": 94474, "body": "<p>The U.S. Department of State maintains the list of Foreign Terrorist Organizations (FTO) and along with other government departments are charged with the process of making said designations. Under U.S. Law, it is illegal to provide material support to any FTO with Materia...
[ "united-states", "first-amendment", "terrorism" ]
What is the judicial rationale for introducing the grainger test to qualify beliefs?
-3
https://law.stackexchange.com/questions/94292/what-is-the-judicial-rationale-for-introducing-the-grainger-test-to-qualify-beli
CC BY-SA 4.0
<p><a href="https://www.legislation.gov.uk/ukpga/2010/15/section/10?timeline=false" rel="nofollow noreferrer">Section 10 Equality Act 2010</a> seems very clear that “belief means <em>any</em> religious or philosophical belief”. (Emphasis added)</p> <p>Yet, the employment tribunal in <em>Grainger</em> set down a five li...
94,292
[ { "answer_id": 94472, "body": "<p>As revised, I think this question is really asking <em>why</em> the judge in <a href=\"https://www.bailii.org/uk/cases/UKEAT/2009/0219_09_0311.html\" rel=\"nofollow noreferrer\"><em>Grainger plc v Nicholson</em> [2009] UKEAT 0219_09_0311</a> laid down the test that he did, ...
[ "united-kingdom", "interpretation", "judiciary", "equality-act-2010" ]
What are the consequences of &quot;band&quot; membership under Canada&#39;s Indian Act?
1
https://law.stackexchange.com/questions/94457/what-are-the-consequences-of-band-membership-under-canadas-indian-act
CC BY-SA 4.0
<p>Canada's <a href="https://laws-lois.justice.gc.ca/eng/acts/i-5/FullText.html" rel="nofollow noreferrer"><em>Indian Act</em>, R.S.C. 1985, c. I-5</a> recognizes &quot;bands,&quot; &quot;members of a band,&quot; and &quot;Band Lists.&quot;</p> <p>A band may control its own membership according to membership rules it c...
94,457
[ { "answer_id": 94458, "body": "<p>The consequences of membership in a band include the following:</p>\n<ul>\n<li>this is one path to entitlement to be registered as an Indian in the Indian Register (see s. 6(1)(b)) and all the consequences of that registration;</li>\n<li>eligibility for certificates of poss...
[ "canada", "aboriginal-law" ]
FOIA website - 90% of requests are &quot;Under Agency Review&quot;? What am I missing?
0
https://law.stackexchange.com/questions/94201/foia-website-90-of-requests-are-under-agency-review-what-am-i-missing
CC BY-SA 4.0
<p><a href="https://foiaonline.gov/foiaonline/action/public/search/advancedSearch" rel="nofollow noreferrer">https://foiaonline.gov/foiaonline/action/public/search/advancedSearch</a></p> <p>The vast majority of entries on &quot;Under Agency Review&quot; with no details, requester names or requester organizations. Even ...
94,201
[ { "answer_id": 94452, "body": "<p>Government compliance with FOIA is notoriously bad. I found the following article in the Duke Law Journal illuminating: <a href=\"https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3846&amp;context=dlj\" rel=\"nofollow noreferrer\">FOIA, INC.</a>. There are some...
[ "united-states", "foia" ]
Is termination of (employment) contract binding, without regarding estoppel/waiver
1
https://law.stackexchange.com/questions/86740/is-termination-of-employment-contract-binding-without-regarding-estoppel-waiv
CC BY-SA 4.0
<p>I am speaking in the sense of employment contract, but I believe the same scenario is applicable to all kinds of contracts.</p> <p>The employer exercises their power to terminate Alice, and pay in lieu of notice as required by law (and also contract). Employer and Employee signed a document stating the above.</p> <p...
86,740
[ { "answer_id": 86756, "body": "<h2>The signed document is almost certainly a contract</h2>\n<p>See <a href=\"https://law.stackexchange.com/questions/6263/what-is-a-contract-and-what-is-required-for-them-to-be-valid\">What is a contract and what is required for them to be valid?</a></p>\n<p>It contains all t...
[ "contract-law", "employment" ]
What is jury nullification?
33
https://law.stackexchange.com/questions/108/what-is-jury-nullification
CC BY-SA 3.0
<p>What is jury nullification and what are its origins and history? What actions by a juror would be considered nullification?</p>
108
[ { "answer_id": 112, "body": "<p>Quoting from <a href=\"http://law2.umkc.edu/faculty/projects/ftrials/zenger/nullification.html\">here</a>,</p>\n\n<blockquote>\n <p>Jury nullification occurs when a jury returns a verdict of \"Not Guilty\" despite its belief that the defendant is guilty of the violation char...
[ "legal-history", "jury-nullification" ]
Property and Intestacy when married
3
https://law.stackexchange.com/questions/94421/property-and-intestacy-when-married
CC BY-SA 4.0
<p>What happens to property without a will while it is in probate?</p> <p>An <a href="https://www.irs.gov/retirement-plans/individual-retirement-arrangements-iras" rel="nofollow noreferrer">IRA</a> with a named beneficiary is exempt from probate. A house in joint tenancy does not pass through probate. However, say a ca...
94,421
[ { "answer_id": 94424, "body": "<p>Any property of a decedent which does not evade probate because of a transfer on death deed is subject to probate. It turns out that this probate avoidance in New York <em>can</em> include one automobile within a family, <a href=\"https://dmv.ny.gov/forms/mv843.pdf\" rel=\"...
[ "new-york-state", "wills", "probate" ]
Conditions of a signed lease
2
https://law.stackexchange.com/questions/94444/conditions-of-a-signed-lease
CC BY-SA 4.0
<p>I've been renting a house for about 7 years now. For the first year we had a signed lease. After that, its never been renewed. I just pay rent every month. No problems. My question ... do the condition of that signed lease apply now? For example, the lease contained a late fee of $50 if the rent was more than 4 days...
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[ { "answer_id": 94447, "body": "<p>You are likely now a holdover tenant, as you have stated that you continue to pay your original monthly rental payments. Check original lease and investigate what happens at end of lease.</p>\n<p>P.S. As your original question does not state a rent increase, may want to pay...
[ "tenant", "residential-lease", "new-mexico" ]
Can one use a personal injury lawyer when the police won&#39;t act?
12
https://law.stackexchange.com/questions/67417/can-one-use-a-personal-injury-lawyer-when-the-police-wont-act
CC BY-SA 4.0
<p>Based on a true story: Bob's car is parked in the street. Ted is driving down the street recklessly with Alan as a passenger. Ted sideswipes Bob's car doing quite a lot of damage, but takes off.</p> <p>Next day, Alan shows up at Bob's doorstep saying, &quot;You wanna get the guy who sideswiped your car last night...
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[ { "answer_id": 67422, "body": "<p>Bob can certainly &quot;engage&quot; a personal injury lawyer, but it is highly unlikely that they would take the case...</p>\n<p>Let's take a look at the facts...</p>\n<p>In Texas, you are required to register every vehicle unless it is damaged beyond repair or destroyed (...
[ "civil-law" ]
Is it legal for a train company to create an art gallery using photographs of the graffiti on their locomotives and train cars?
35
https://law.stackexchange.com/questions/94333/is-it-legal-for-a-train-company-to-create-an-art-gallery-using-photographs-of-th
CC BY-SA 4.0
<p>I have been wondering that since a train company owns its locomotives and train cars, then I am assuming that this means that they own any graffiti that has been painted on their locomotives and train cars.</p> <p>I have recently read that it is illegal for someone to put graffiti on any train company equipment, sin...
94,333
[ { "answer_id": 94342, "body": "<p>Copyright law doesn't say the art isn't copyrighted if it was made unlawfully.</p>\n<p>It seems the art can be copyrighted and the act of making it can be a criminal offence.</p>\n<p>I'm not aware of any such copyright cases that have gone to trial.</p>\n<p>A fairly well kn...
[ "united-states", "copyright", "intellectual-property", "business", "property" ]
In an opposite-sex sexual assault case, is &quot;I&#39;m homosexual&quot; a valid defense?
-4
https://law.stackexchange.com/questions/94436/in-an-opposite-sex-sexual-assault-case-is-im-homosexual-a-valid-defense
CC BY-SA 4.0
<p>Let's say Alice is sexually assaulted by a man, and circumstantial evidence pinpoints Bob as the attacker. Can Bob claim that, because he is homosexual/asexual, he does not find Alice sexually desirable and so cannot be the attacker?</p> <p>I'm unable to find anything on this via Google. The closest is the <a href="...
94,436
[ { "answer_id": 94437, "body": "<p>This is not a true defense. It would only go to the credibility of the defendant's account claiming that he was not the perpetrator.</p>\n<p>Nothing prevents someone who is homosexual or asexual from sexually assaulting someone of the opposite sex within the meaning of the ...
[ "sexual-assault", "sexual-offences", "defense" ]
Full text of Act of Settlement, 1781 - during the early company rule in India
2
https://law.stackexchange.com/questions/93674/full-text-of-act-of-settlement-1781-during-the-early-company-rule-in-india
CC BY-SA 4.0
<p>Can someone please tell me where I can find the full text of the Act of Settlement, 1781 passed by the British Raj in India?</p> <p>I tried finding it on the internet but couldn't find it.</p> <p>Thank you!</p>
93,674
[ { "answer_id": 93677, "body": "<p>I believe you will find it on page 210 of <a href=\"https://books.google.ch/books?id=r4RaAAAAYAAJ&amp;pg=PA210\" rel=\"nofollow noreferrer\">this volume of the <em>Statutes at Large</em> in Google books</a>:</p>\n<blockquote>\n<p>An Act to explain and amend so much of an Ac...
[ "legal-history", "indian-constitutional-law" ]
Can Musk threaten X11?
5
https://law.stackexchange.com/questions/94396/can-musk-threaten-x11
CC BY-SA 4.0
<p>Twitter, recently changed hands and became owned by Elon Musk, who decided to change its name to &quot;X&quot;.</p> <p>There's the FOSS X11 desktop environment being developed for various Unix and Unix-like systems, and is hosted at <code>x.org</code>. Many operating systems provide X11 GUI packages under the &quot;...
94,396
[ { "answer_id": 94407, "body": "<p>This is unlikely to be a problem. There are <em>many</em> companies that have already registered software-related trademarks prominently involving an <code>X</code> or the name <code>Xcom</code>. That Twitter has changed to <code>X</code> branding does not substantially cha...
[ "trademark", "domain-name" ]
Under what legislation has former U.S. President Trump been indicted for &quot;conspiracy to defraud the US&quot;?
3
https://law.stackexchange.com/questions/94400/under-what-legislation-has-former-u-s-president-trump-been-indicted-for-conspi
CC BY-SA 4.0
<p>It's reported by <a href="https://www.bbc.co.uk/news/live/world-us-canada-66248859" rel="nofollow noreferrer">BBC News</a> that Mr Trump is charged with four counts, including:</p> <ul> <li><p>conspiracy to defraud the US</p> </li> <li><p>tampering with a witness</p> </li> <li><p>conspiracy against the rights of cit...
94,400
[ { "answer_id": 94401, "body": "<p>Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud United States)</p>\n<p>Here the indictment's introduction alleges that Trump perpetrated:</p>\n<blockquote>\n<p>A conspiracy to to defraud the United States by using dishonesty,\nfraud, and deceit to impair, obstruct, and defe...
[ "united-states", "criminal-law", "indictment" ]
If my product (open source or proprietary) requires Oracle GraalVM to work and bundles Oracle GraalVM, can I charge money for my product?
1
https://law.stackexchange.com/questions/94429/if-my-product-open-source-or-proprietary-requires-oracle-graalvm-to-work-and-b
CC BY-SA 4.0
<p>If my product (no matter open source or proprietary) requires Oracle GraalVM to work and bundles Oracle GraalVM, can I charge money for my product?</p> <p>According to the link of GraalVM Free Terms and Conditions (GFTC) including License for Early Adopter Versions: <a href="https://www.oracle.com/downloads/licenses...
94,429
[ { "answer_id": 94430, "body": "<blockquote>\n<p>If I charge users a fee, how do I define whether the fee is associated with my product or Oracle GraalVM?</p>\n</blockquote>\n<blockquote>\n<p>provided that You do not charge [...] including, without limitation, fees for products <strong>that include</strong> ...
[ "licensing" ]
Is the recording of an audience singing in public copyrighted?
1
https://law.stackexchange.com/questions/94384/is-the-recording-of-an-audience-singing-in-public-copyrighted
CC BY-SA 4.0
<p><strong>A church records their service on audio</strong>. The service, open to the public but behind the closed doors of their building, is performed before a live audience who voluntarily attend. The church then sends out a copy of the recording to paying subscribers around the world.</p> <p>The recording includes ...
94,384
[ { "answer_id": 94388, "body": "<h2>There is copyright in the recording (probably)</h2>\n<p>The person who first fixed the material in a tangible form owns the copyright. Presumably, whatever legal entity the church is, as it was made by a volunteer as a work-for-hire. That is because they were the ones who ...
[ "copyright" ]