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Can a German declaration of division (Teliungserklärung) or community ordinance (Gemeinschaftsordnung) prohibit long-term rentals?
4
https://law.stackexchange.com/questions/91594/can-a-german-declaration-of-division-teliungserkl%c3%a4rung-or-community-ordinance
CC BY-SA 4.0
<p>Consider an apartment block consisting of three equal units A, B, and C, located in Bavaria, Germany. At present, all are owner-occupied and the Community of Apartment Owners (<em>Wohnungseigentümergemeinschaft</em>) has three members Asani, Bahar, and Camille, with equal power. Units B and C are on the market and...
91,594
[ { "answer_id": 91719, "body": "<p>Yes, you can put <em>pretty much anything</em> you like into the co-op statutes.\nYou are actually interested in whether it <em>makes a difference</em>, though, whether the sheriff will come enforce a court order if it came to a trial.</p>\n<blockquote>\n<ul>\n<li>a rule th...
[ "rental-property", "germany", "homeownership" ]
Why does &quot;object&quot; mean &quot;the persons who may benefit from property on the exercise of a distributive power, or discretionary trust&quot;?
-3
https://law.stackexchange.com/questions/91715/why-does-object-mean-the-persons-who-may-benefit-from-property-on-the-exercis
CC BY-SA 4.0
<p>I know that legal persons can be natural/physical, or juridical/fictitious. But even fictitious persons are animate, or are run by humans! Hence, this word choice of OBJECTS feels weird, because &quot;objects&quot; denote inanimacy, whereas OBJECTS defined below refer to animate persons.</p> <h4>Why did trust law ch...
91,715
[ { "answer_id": 91716, "body": "<p>&quot;Object&quot; doesn't necessarily denote inanimacy. Consider the sentence <em>Alice likes Bob.</em> Grammatically, <em>Bob</em> is the object of the sentence. Apart from grammatical analysis, we can also say that Bob is the object of Alice's affection.</p>\n<p>In ot...
[ "legal-terms", "trusts-and-estates" ]
Is it illegal to display a price perpetually while giving the impression it&#39;s a discount?
4
https://law.stackexchange.com/questions/55588/is-it-illegal-to-display-a-price-perpetually-while-giving-the-impression-its-a
CC BY-SA 4.0
<p>Over a year ago, I purchased a license for <a href="https://esotericsoftware.com/spine-purchase" rel="nofollow noreferrer">Spine</a>. At the time, it had an offer from $99, to $69.</p> <p>I didn't have plans to use it yet, but I purchased it at the time to catch a better price. However, since I bought it, it has alw...
55,588
[ { "answer_id": 55593, "body": "<p>In England and Wales, falsely suggesting a sale or discount price would be contrary to the Consumer Protection from Unfair Trading Regulations 2008.</p>\n<p><a href=\"https://www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/pricinglaw\" rel=\"noref...
[ "software", "licensing" ]
Why did the strict rules of evidence result in a debt being due twice, even though common law dismissed this as absurd?
0
https://law.stackexchange.com/questions/91712/why-did-the-strict-rules-of-evidence-result-in-a-debt-being-due-twice-even-thou
CC BY-SA 4.0
<p>As &quot;<em>the common law held that a debt was due twice . . . [that proposition] would have been dismissed as absurd</em>&quot;, why wasn't this the end of the story for the debtor? Why was this &quot;<em>the result which followed from observing strict rules of evidence</em>&quot;?</p> <p>I am befuddled by the mo...
91,712
[ { "answer_id": 91713, "body": "<p>The &quot;rule which might exclude the merits of the case from consideration&quot; referred to in this passage is the rule that &quot;a sealed bond [was] incontrovertible evidence of the debt, and so payment was no defence.&quot;</p>\n<p>Strict application of a rule about &...
[ "england-and-wales", "equity" ]
Why can a court always, irresistibly appoint a trustee?
1
https://law.stackexchange.com/questions/75303/why-can-a-court-always-irresistibly-appoint-a-trustee
CC BY-SA 4.0
<p>The embolded phrases make it sound like a court can unpreventably, necessarily appoint trustees. Are there no exceptions?</p> <p>Can't a court fail to appoint a trustee? For example, can't a court fail to find anyone willing to be a trustee — particularly if the trust appears too complicated or controversial, and...
75,303
[ { "answer_id": 75304, "body": "<h2>The court can appoint a <a href=\"https://www.gov.uk/government/organisations/official-solicitor-and-public-trustee\" rel=\"nofollow noreferrer\">government trustee</a></h2>\n<p>All common law governments have an office called something like the Public Trustee that can act...
[ "england-and-wales" ]
Did the adoption of the Canadian Charter of Rights and freedoms cause any existing laws to be immediately struck down?
0
https://law.stackexchange.com/questions/91704/did-the-adoption-of-the-canadian-charter-of-rights-and-freedoms-cause-any-existi
CC BY-SA 4.0
<p>In the Charter, certain laws became more difficult to pass without the use of the notwithstanding clause. Some laws theoretically violated the Charter as soon as it was enacted (certain sections of the Indian act, for instance). Did any laws immediately become void simply by the Charter being enacted?</p>
91,704
[ { "answer_id": 91705, "body": "<p>The invalidity of laws that are inconsistent with the <em>Charter</em> is by virtue of section 52(1) of the <em>Constitution Act, 1982</em>, which came into force with the bulk of the <em>Charter</em>. It states that:</p>\n<blockquote>\n<p>The Constitution of Canada is the ...
[ "canada" ]
UK law and time limits
-3
https://law.stackexchange.com/questions/91702/uk-law-and-time-limits
CC BY-SA 4.0
<p>A patient with a history of mental health problems goes to his/her GP claiming depression. However, because the patient does not appear to act in the expected manner, the GP refuses time off.</p> <p>This is contrary to the <a href="https://www.legislation.gov.uk/ukpga/2005/9/contents" rel="nofollow noreferrer">Menta...
91,702
[ { "answer_id": 91703, "body": "<h2>How is the Mental Health Act relevant?</h2>\n<p>It sets out the law relating to removing a person’s decision making ability over their own life and placing it in the hands of a guardian and, possibly, confine them to an institution against their will. The question is not w...
[ "united-kingdom", "medical", "time-periods" ]
What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?
6
https://law.stackexchange.com/questions/91388/what-legal-relief-is-available-when-a-neighbour-uses-my-address-as-his-own-for-c
CC BY-SA 4.0
<p>A property, say plot no.31, was sub-divided into two parts. After subdivision the plot number on record for the newly created subdivision was, say, 31-A; the original plot number remained 31.</p> <p>The division was challenged, and the challenge dismissed at all levels after the first initial success. Many years lat...
91,388
[ { "answer_id": 91394, "body": "<p>Mark the mail delivered as &quot;addressee unknown, return to sender&quot; and give it to the postal delivery person next time around. If the mail stops getting through, the neighbor will update their address.</p>\n", "score": 12 }, { "answer_id": 91402, "bo...
[ "india", "tort" ]
can one turn left or right at a red light with dual lane turns?
4
https://law.stackexchange.com/questions/91599/can-one-turn-left-or-right-at-a-red-light-with-dual-lane-turns
CC BY-SA 4.0
<p>The link <a href="https://www.alberta.ca/turning.aspx#:%7E:text=Turning%20left%20from%20a%201%2Dway%20onto%20a%201%2Dway,pedestrians%20crossing%20to%20your%20left." rel="nofollow noreferrer">Turning | Alberta.ca</a> says &quot;when the light is red, if there are no signs prohibiting the turn, you may turn left on a ...
91,599
[ { "answer_id": 91601, "body": "<p>The critical consideration is that the permitted left turn must be onto a one-way roadway in that direction. One is not permitted to perform a left turn which involves crossing traffic from the left, which would also imply that it is not a one-way roadway.</p>\n", "scor...
[ "canada", "traffic", "alberta" ]
Copyright on commercial image from the 1930s (UK)
5
https://law.stackexchange.com/questions/91695/copyright-on-commercial-image-from-the-1930s-uk
CC BY-SA 4.0
<p>I want to use a railway poster from the 1930s in publicity for a play, but the Science Museum wants a fee for it, claiming copyright (<a href="https://collection.sciencemuseumgroup.org.uk/objects/co231218/london-midland-scottish-railway-poster-see-the-peak-district-poster" rel="noreferrer">https://collection.science...
91,695
[ { "answer_id": 91697, "body": "<p>The modern rule in the UK is that copyright lasts until the end of the calendar year following 70 years after the death of the author. So if the author died in or later than 1953, it would be under copyright under this general rule.</p>\n<p>However, this wasn't always the r...
[ "copyright", "united-kingdom" ]
Do US born children whose parents are NOT citizens get automatic citizenship at birth?
9
https://law.stackexchange.com/questions/91546/do-us-born-children-whose-parents-are-not-citizens-get-automatic-citizenship-at
CC BY-SA 4.0
<p>If you immigrate to the USA, will the baby get automatic citizenship? Wouldn't that kind of be a loophole?</p>
91,546
[ { "answer_id": 91548, "body": "<p>Yes, the <a href=\"https://www.law.cornell.edu/constitution/amendmentxiv\" rel=\"noreferrer\">Fourteenth Amendment</a> makes a person born on U.S. soil a U.S. citizen at the moment of birth.</p>\n<blockquote>\n<p>All persons born or naturalized in the United States, and sub...
[ "united-states", "citizenship" ]
What happens if a law contains an error of fact?
38
https://law.stackexchange.com/questions/91410/what-happens-if-a-law-contains-an-error-of-fact
CC BY-SA 4.0
<p>If a law is passed that contains a demonstrably false statement or assumption about the world, how is it generally interpreted?</p> <p>For example, laws will often list a category of things, and then give examples of specific things in the category. It is easy for some of the examples not to be true members of the c...
91,410
[ { "answer_id": 91414, "body": "<p><a href=\"https://supreme.justia.com/cases/federal/us/149/304/\" rel=\"nofollow noreferrer\">Nix v. Hedden</a>, 149 U.S. 304 (1893) is a famous &quot;error of fact&quot; case in the US. The situation was that there was an import tariff imposed on &quot;vegetables in their n...
[ "interpretation", "judicial-review", "legislative-intent" ]
Are low-speed zipper merges due to lane closure illegal?
-1
https://law.stackexchange.com/questions/91683/are-low-speed-zipper-merges-due-to-lane-closure-illegal
CC BY-SA 4.0
<p>This question is referring to law in the Canadian province of Nova Scotia.</p> <p><strong>Intro</strong></p> <p><a href="https://en.wiktionary.org/wiki/zipper_merge" rel="nofollow noreferrer">Zipper merging</a> is very uncommon here. There are many that simply frown upon it as trying to &quot;get further ahead&quot;...
91,683
[ { "answer_id": 91686, "body": "<h2>No</h2>\n<p>The law (s111A) is clear that the right lane has right-of-way (except when it doesn't). This does not make it illegal for a car to merge from the left - it just makes it illegal to do so where that cannot be done safely. In a situation where traffic is zipper m...
[ "canada", "traffic" ]
In any US states are there laws, other than abortion laws, which require professionals to lie?
-4
https://law.stackexchange.com/questions/91526/in-any-us-states-are-there-laws-other-than-abortion-laws-which-require-profess
CC BY-SA 4.0
<p>Several US states have laws which require doctors to lie to patients who are trying to obtain an abortion. <a href="https://www.aclu.org/news/reproductive-freedom/a-tennessee-law-requires-doctors-to-lie-to-their-patients-were-suing" rel="nofollow noreferrer">This 2020 ACLU article</a> summarizes several examples.</...
91,526
[ { "answer_id": 91694, "body": "<p>A law requiring you to explicitly lie to someone would be a form of compelled speech, which is a violation of the 1st Amendment's free speech clause. However, a &quot;lie&quot; in the legal sense would be a statement of fact that is objectively and demonstrably false. The...
[ "united-states" ]
Can an opposite-sex couple in a civil partnership get married?
2
https://law.stackexchange.com/questions/91688/can-an-opposite-sex-couple-in-a-civil-partnership-get-married
CC BY-SA 4.0
<p>In the UK, civil partnerships and marriages are both options open to same-sex and opposite-sex couples alike.</p> <p>Where there seems to be a disparity between the two however is that same-sex couples have the option to <a href="https://www.gov.uk/convert-civil-partnership" rel="nofollow noreferrer">'convert' their...
91,688
[ { "answer_id": 91691, "body": "<p>The legislation simply provides a novel conversion process for same-sex couples to convert their civil partnership to a marriage, with a date retroactive to the commencement of their civil partnership. See <a href=\"https://www.legislation.gov.uk/uksi/2014/3181\" rel=\"nofo...
[ "united-kingdom", "marriage" ]
Why was the Dominion v. Fox case tried in Delaware?
7
https://law.stackexchange.com/questions/91684/why-was-the-dominion-v-fox-case-tried-in-delaware
CC BY-SA 4.0
<p>As reported, <a href="https://abcnews.go.com/US/dominion-case-fox-news-trial-judge-rules/story?id=98276968" rel="noreferrer">Fox News is sued in the Delaware courts by Dominion.</a></p> <p>What determines which state(s) the Dominion v. Fox case is tried?</p>
91,684
[ { "answer_id": 91685, "body": "<p>The defendant Fox corporation (there are a variety of affiliated or formerly affiliated companies with very similar names) is organized under the laws of Delaware so lawsuits related to its activities anywhere in the world may be brought in that forum. This choice of venue ...
[ "jurisdiction", "delaware" ]
if a non profit uses the .com domain or a for profit uses the .org domain , would that be false advertising and suable?
1
https://law.stackexchange.com/questions/91660/if-a-non-profit-uses-the-com-domain-or-a-for-profit-uses-the-org-domain-woul
CC BY-SA 4.0
<p>Do organizations have to use domains according to their financial status and would they be liable for civil or criminal liability if they didn't use domains appropriate to their status (non profit/.org or for profit/.com). Also would using a website that has ad revenue or cookies on it automatically make one a custo...
91,660
[ { "answer_id": 91671, "body": "<p>There is no law pertaining to top level domains, defining &quot;appropriateness&quot;. Instead, some organization is an administrator, and there is an understanding as to what the purpose of the domain is, but this is not legally enforceable. The TLDs com, org, net are open...
[ "canada" ]
Legality of IRS requiring taxpayers to swear to statements
3
https://law.stackexchange.com/questions/77010/legality-of-irs-requiring-taxpayers-to-swear-to-statements
CC BY-SA 4.0
<p>The IRS requires taxpayers to swear under &quot;penalties of perjury&quot; to their statements and figures given concerning their income. Since obviously this constitutes a potential incrimination, it would appear to violate the 7th Article of the Bill of Rights which provides that noone &quot;shall be compelled in ...
77,010
[ { "answer_id": 77011, "body": "<blockquote>\n<p>The IRS requires taxpayers to swear under &quot;penalties of perjury&quot; to\ntheir statements and figures given concerning their income. Since\nobviously this constitutes a potential incrimination</p>\n</blockquote>\n<p>The privilege against self-incriminati...
[ "united-states", "us-constitution", "fifth-amendment", "bill-of-rights" ]
Tax forms signature requirement violating the 5th Amendment?
-1
https://law.stackexchange.com/questions/91661/tax-forms-signature-requirement-violating-the-5th-amendment
CC BY-SA 4.0
<p>I notice that the IRS requires taxpayers to sign their tax forms under a notice that states &quot;I declare under penalty of perjury that ....[the information provided on the form is true]&quot;. Obviously there are potential criminal penalties for false statements on a tax form.</p> <p>So, essentially the IRS is re...
91,661
[ { "answer_id": 91676, "body": "<p>The 5th Amendment is not a license to commit fraud. The right not to testify about your past crimes does not mean that you are allowed to be untruthful in the present.</p>\n", "score": 1 } ]
[ "united-states", "constitutional-law", "tax-law" ]
What are some new examples of judge made law?
-1
https://law.stackexchange.com/questions/91643/what-are-some-new-examples-of-judge-made-law
CC BY-SA 4.0
<p>What are some recent examples of judge made law? (On both the criminal and civil side.)</p> <p>I am not looking for interpretations in long standing common law. I am looking for development of a new principle, prohibition, theory of liability, ect. invented by a judge on the basis of reason, equity, analogy ect (per...
91,643
[ { "answer_id": 91645, "body": "<p>I am using 1960s and later as a cutoff for &quot;new&quot; in the absence of other clear guidance in the question (keep in mind that the common law goes back to before the 1600s in many cases). I'm also treating a judge made law innovation as &quot;new&quot; even if it was ...
[ "united-states", "common-law", "legal-history" ]
Does labeling a parking space as &quot;Compact&quot; have any legal significance?
3
https://law.stackexchange.com/questions/85759/does-labeling-a-parking-space-as-compact-have-any-legal-significance
CC BY-SA 4.0
<p>I have an assigned parking space, which is labeled &quot;Compact.&quot; There is another parking space immediately to the right of mine, which is also labeled &quot;Compact.&quot; I have a compact car, but the person in the next space over uses it to park a large SUV. Due to the geometry of the parking garage, this ...
85,759
[ { "answer_id": 85762, "body": "<p>TLDR: &quot;Compact&quot; is a legal fiction to get the right to build a building. It's pretty much useless.</p>\n<p>The &quot;compact car parking space&quot; is about <em>entitlements</em> aka the right to build, which is decided <strong>at the local</strong> level. Citi...
[ "united-states", "oregon", "parking" ]
Insurance claim chain of causality vehicle damages garage causes theft
2
https://law.stackexchange.com/questions/91666/insurance-claim-chain-of-causality-vehicle-damages-garage-causes-theft
CC BY-SA 4.0
<p>In England.</p> <p>A vehicle damaged the sole ingress and egress for cars at a block of flats in careless but normal use. The damage was such that the ingress/egress (a garage door) could no longer be closed.</p> <p>Given that it was required for access, only proper replacement of the door was appropriate in order f...
91,666
[ { "answer_id": 91672, "body": "<p><a href=\"https://hallellis.co.uk/causation-loss-damages/\" rel=\"nofollow noreferrer\">This solicitors' site</a> gives some good information and examples relating to legal causality - and in particular the difference between causality and the opportunity to suffer loss.</p...
[ "united-kingdom", "insurance", "theft" ]
FMLA and Paid Leave
0
https://law.stackexchange.com/questions/91665/fmla-and-paid-leave
CC BY-SA 4.0
<p>There is a law called FMLA or the Family Medical Leave Act. A friend of mine makes the following two claims about it:</p> <ol> <li>A person who has an unexpected medical problem (such as a stroke) can use this act to take paid time off.</li> <li>A person who has a son who has unexpected medical problem (such as a st...
91,665
[ { "answer_id": 91667, "body": "<p>There is an FAQ at the FMLA web site here:</p>\n<p><a href=\"https://www.dol.gov/agencies/whd/fmla/faq\" rel=\"nofollow noreferrer\">FLMA FAQ</a></p>\n<p>In that page there is this paragraph:</p>\n<blockquote>\n<p>Qualifying conditions (Q) When can an eligible employee use ...
[ "united-states", "labor-law" ]
Is a copyright claim diminished by an owner&#39;s refusal to publish?
20
https://law.stackexchange.com/questions/91586/is-a-copyright-claim-diminished-by-an-owners-refusal-to-publish
CC BY-SA 4.0
<p>Alan is aware of an obscure old book that is out of print, and republishes it.</p> <p>Brenda Books, Inc. objects and sues Alan since they own the copyright. This is not disputed. Brenda Books' claim is a tremendous amount of money.</p> <p>The book is indeed out of print, and Brenda Books claims the reason it's out ...
91,586
[ { "answer_id": 91589, "body": "<h2>When you own something, you get to decide what you do with it</h2>\n<p>There is no obligation to make a copyrighted work available and the fact that it isn’t is not a defence to a copyright infringement.</p>\n<p>Brenda Books is entitled to either damages or an account of p...
[ "copyright" ]
Do EU or UK consumers enjoy consumer rights protections from traders that serve them from abroad?
12
https://law.stackexchange.com/questions/91603/do-eu-or-uk-consumers-enjoy-consumer-rights-protections-from-traders-that-serve
CC BY-SA 4.0
<p>Bob lives in Manchester, or alternatively in Lyon. He purchases a product or service from a vendor in the USA, or perhaps Timbuktu.</p> <p>Do European or British consumer rights legislations bind the American/Malian trader to protect Bob, as the GDPR would?</p>
91,603
[ { "answer_id": 91623, "body": "<p>In theory, what Dale says. However, in practice:</p>\n<h2>Nope, and that's <em>why</em> the trader is in Timbuktu.</h2>\n<p>And I apologize profusely to the Malian people, I have every reason to think it is a fine country in which citizens obey international laws and honor...
[ "united-kingdom", "european-union", "consumer-protection", "jurisdiction" ]
What is the &quot;public interest&quot;?
6
https://law.stackexchange.com/questions/84906/what-is-the-public-interest
CC BY-SA 4.0
<p>Prosecution as in England must only be undertaken if they are required by the public interest. What is this public interest and how is it understood?</p> <p>Can these decisions not become quite politically loaded? For example, suppose an anti monarchist protestor breaches the public order act. A monarchist sympathet...
84,906
[ { "answer_id": 84909, "body": "<p>The &quot;public interest&quot; from a charging perspective is <em>not</em> the same as public popularity. From the <a href=\"https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-sixth-edition-december-2020\" rel=\"noreferrer\">charging guide</a>, prosecutors:<...
[ "criminal-law", "england-and-wales", "legal-terms", "prosecution" ]
Whence arises the idea that how to rent in England ought to be served *at the start of the tenancy*?
1
https://law.stackexchange.com/questions/83316/whence-arises-the-idea-that-how-to-rent-in-england-ought-to-be-served-at-the-st
CC BY-SA 4.0
<p>Gov.uk's preface to the web version of the guide states that the LL or LA should give the current copy of this guide to the tenant &quot;when a new AST starts.&quot;</p> <p>Yet the enabling provisions seem to be to be found in statutory instrument 2015 No. 1646 The Assured Shorthold Tenancy Notices and Prescribed Re...
83,316
[ { "answer_id": 83323, "body": "<p>The beginning of the tenancy is defined in <a href=\"https://www.legislation.gov.uk/ukpga/1988/50/section/45\" rel=\"nofollow noreferrer\">section 45(2) of the Housing Act 1988</a> as:</p>\n<blockquote>\n<p>the day on which the tenancy is entered into or, if it is later, th...
[ "england-and-wales", "landlord", "assured-shorthold-tenancy" ]
Can members of the media be held legally responsible for leaking documents they never agreed to keep secret?
18
https://law.stackexchange.com/questions/91620/can-members-of-the-media-be-held-legally-responsible-for-leaking-documents-they
CC BY-SA 4.0
<p>Larry the Leaker is high up in the US government, and has access to highly classified information/documents. He goes to John the Journalist, and tells him to publish all of it. Obviously, Larry has agreed to a bunch of stuff telling him not to leak or talk about any of that stuff, so Larry has no hope. But John neve...
91,620
[ { "answer_id": 91622, "body": "<p>It depends on the nature of the documents. <a href=\"https://www.law.cornell.edu/uscode/text/18/798\" rel=\"noreferrer\">This law</a> specifies that it is illegal to disclose or publish etc. classified information</p>\n<blockquote>\n<p>concerning the nature, preparation, or...
[ "united-states", "us-federal-government", "non-disclosure", "journalism", "freedom-of-press" ]
Can the Indian Government make laws contrary to the Directive principles of state policy?
0
https://law.stackexchange.com/questions/91617/can-the-indian-government-make-laws-contrary-to-the-directive-principles-of-stat
CC BY-SA 4.0
<p>The directive principles of state policies are embodied in part 4 of the Indian constitution.</p> <p>in article 37 it is stated</p> <blockquote> <p>The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the c...
91,617
[ { "answer_id": 91619, "body": "<p>Yes, it can. <a href=\"https://www.legalservicesindia.com/article/1058/Relation-Between-Part-III-And-Part-IV-Of-Constitution-Of-India-Changing-Trends.html\" rel=\"nofollow noreferrer\">This analysis</a> is IMO very informative of the role of Part IV in Indian law, especiall...
[ "indian-constitutional-law" ]
Are there or can there be human rights to have access to AI?
-7
https://law.stackexchange.com/questions/91611/are-there-or-can-there-be-human-rights-to-have-access-to-ai
CC BY-SA 4.0
<p>While I am doing math, computer science or programming, I am greatly benefiting from the use of GPT4 (ChatGPT4) and I don't want that some governmental agency removes access to GPT. I have not had the privilege to access top schools, top teachers, top professors, but GPT4 gives me excellent answers to my questions -...
91,611
[ { "answer_id": 91612, "body": "<p>There's no such right, but a government could create such a right just as it's possible to guarantee a right to telephone service or to public libraries. Some governments do this, some don't. Rights of this nature are not so fundamental as to be found in documents such as...
[ "human-rights", "artificial-intelligence" ]
Does the law make exceptions for Good Samaritans?
9
https://law.stackexchange.com/questions/91507/does-the-law-make-exceptions-for-good-samaritans
CC BY-SA 4.0
<p>I know very little about the law. When I watch court television shows, it seems like if a Good Samaritan breaks the law to stop a bad guy, the law/court turns a blind eye.</p> <p>Are there cases where the law recognizes wrongdoing for the well-intentioned but minimizes or ignores the issue?</p>
91,507
[ { "answer_id": 91508, "body": "<p>Depends on where you are, and what law would be broken and why.</p>\n<p>In <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-ger...
[ "criminal-law", "court", "rules-of-court", "good-samaritan" ]
Are products made from illegal software also illegal?
0
https://law.stackexchange.com/questions/50443/are-products-made-from-illegal-software-also-illegal
CC BY-SA 4.0
<p>Say a piece of software was aquired, and used, completely illegally, like a license key was hacked online or something, and many other products (say, for example, videos) were made with this illegal product. Are all of those products now also illegal? </p> <p>For example, if they are videos, would they legally have...
50,443
[ { "answer_id": 91635, "body": "<p>Presumably by &quot;is illegal&quot; you mean &quot;violates copyright law&quot;. Copyright infringement is simply &quot;copying / distributing without authorization&quot;, which refers to the original work and not some other work. The act of originally writing a book is no...
[ "copyright", "software" ]
Need clarification for legal relationship containment for multiple spouses
0
https://law.stackexchange.com/questions/91630/need-clarification-for-legal-relationship-containment-for-multiple-spouses
CC BY-SA 4.0
<p>According to US law, can a person have a husband and a wife at the same time?</p> <p>If so, how is their property distributed after death?</p>
91,630
[ { "answer_id": 91631, "body": "<p>Currently there is nowhere in the USA where polygamy is legal. So regardless of their sexual or gender expression or orientation, being married to MORE THAN ONE person at the same time is illegal.</p>\n<p>If, however, it turned out that someone had more than one spouse at ...
[ "united-states", "marriage", "inheritance" ]
If one leaves the US to commit an act illegal in the US but legal in the country they travel to are they guilty of a crime?
10
https://law.stackexchange.com/questions/4629/if-one-leaves-the-us-to-commit-an-act-illegal-in-the-us-but-legal-in-the-country
CC BY-SA 3.0
<p>Before anyone asks this is part legal curiosity, part proving for 'loopholes' that I could have villains in a story exploit, I don't need 100% accuracy so much as general guidelines, and any unique situation or known 'loophole' is also interesting.</p> <p>I'm curious about how the US handles travel to other countri...
4,629
[ { "answer_id": 4631, "body": "<p>Like many US legal questions, there is a <a href=\"https://www.fas.org/sgp/crs/misc/94-166.pdf\">Congressional Research Service report</a> about this.</p>\n\n<p>It is not generally a violation of US law to do things in another country where the only connection with the US is...
[ "united-states", "criminal-law" ]
USA school law. Is a charter school a public school?
7
https://law.stackexchange.com/questions/91575/usa-school-law-is-a-charter-school-a-public-school
CC BY-SA 4.0
<p>I am trying to understand the main, basic tenets of USA public vs. private school law. (See <a href="https://law.stackexchange.com/questions/91556/usa-private-school-law-could-disrespect-of-state-regulation-be-constructed-as-a/9155">my previous question</a> of a series).</p> <p>Is a charter school a public school?</...
91,575
[ { "answer_id": 91579, "body": "<p>Each state has its own system of designating different kinds of schools, but the term &quot;charter school&quot; generally refers to a public school that is subject to less central administrative supervision than an ordinary public school.</p>\n<p>But the relationship betwe...
[ "school-law" ]
If someone committed copyright infringement and was able and willing to endure all maximum fines and prison time, could they still practically do it?
3
https://law.stackexchange.com/questions/91625/if-someone-committed-copyright-infringement-and-was-able-and-willing-to-endure-a
CC BY-SA 4.0
<p>Let's say an already obscenely rich individual in the US (whose wealth is unrelated to any crime) decides to reproduce unauthorized copies of a copyrighted work for a profit and gets caught. This person has illegally distributed enough of the work to incur the maximum amount of fines and prison time and just... agre...
91,625
[ { "answer_id": 91626, "body": "<p>If you have sufficient grounds to fear that someone is about to infringe on one of your rights, you can go to court to obtain an injunction against that person. This is a court order to refrain from some particular action. In many cases, the point of this is just to have th...
[ "united-states", "copyright", "intellectual-property" ]
Does Justice Roberts Obamacare opinion contradict itself?
3
https://law.stackexchange.com/questions/50870/does-justice-roberts-obamacare-opinion-contradict-itself
CC BY-SA 4.0
<p>Chief Justice Roberts' opinion in <em>National Federation of Independent Business v. Sebelius</em> upheld the ACA individual mandate as a tax. Disagreeing with the joint dissenters (Alito, Thomas, Kennedy, and Scalia), Roberts, in part III-C of his opinion, demonstrates that the labels used by Congress can not be co...
50,870
[ { "answer_id": 91104, "body": "<blockquote>\n<p>Isn't there tension between these two parts of the opinion?</p>\n</blockquote>\n<p>There is perhaps some tension, but the resolution of that tension is clear. There is certainly no self contradiction.</p>\n<p>The most obvious tension is between the chief just...
[ "constitutional-law", "tax-law", "us-supreme-court", "health-insurance" ]
Alberta&#39;s Traffic control signals - Green arrow with green light
0
https://law.stackexchange.com/questions/91607/albertas-traffic-control-signals-green-arrow-with-green-light
CC BY-SA 4.0
<p>The link <a href="https://www.alberta.ca/traffic-control-signals.aspx#:%7E:text=clear%20the%20intersection.-,Solid%20green%20light,when%20turning%20right%20or%20left." rel="nofollow noreferrer">Traffic control signals</a> says &quot;Drivers facing a traffic control light with a green arrow and solid green traffic co...
91,607
[ { "answer_id": 91615, "body": "<p>Yes, &quot;other directions&quot; refer to the layout of the roadway beyond the traffic signal appropriate for vehicles facing the aforementioned traffic control light. One could have a right turn lane immediately after the traffic control light and realistically, there cou...
[ "traffic" ]
How can I learn information about the purpose, background, and other context of recent U.K. legislation?
1
https://law.stackexchange.com/questions/91609/how-can-i-learn-information-about-the-purpose-background-and-other-context-of
CC BY-SA 4.0
<p>Suppose I would like to know the purpose of an Act, or how it relates to other Acts or international obligations.</p> <p>How can I learn information about the purpose, background, and other context of recent U.K. legislation?</p>
91,609
[ { "answer_id": 91610, "body": "<p>Since 1999, <a href=\"https://erskinemay.parliament.uk/section/4985/explanatory-notes/\" rel=\"nofollow noreferrer\">explanatory notes</a> have been included with most Acts. Explanatory notes are:</p>\n<blockquote>\n<p>created by the government department responsible for th...
[ "united-kingdom", "legislative-intent", "legislation" ]
To what extent was the Equality Act 2010 shaped by or did it “implement” legal provisions of the EU?
0
https://law.stackexchange.com/questions/91605/to-what-extent-was-the-equality-act-2010-shaped-by-or-did-it-implement-legal-p
CC BY-SA 4.0
<p>The DPA 2018 was passed pursuant to the EU GDPR to achieve uniformity across the EU in relation to matters of personal data. The unfair contract term regulations too were passed to implement EU directives and I gather that the legal situation across the EU would be fairly uniform in that area as it is designed to be...
91,605
[ { "answer_id": 91608, "body": "<p>From the <a href=\"https://www.legislation.gov.uk/ukpga/2010/15/notes\" rel=\"nofollow noreferrer\">explanatory notes</a>:</p>\n<blockquote>\n<ol start=\"3\">\n<li><p>Domestic discrimination law has developed over more than 40 years since the first Race Relations Act in 196...
[ "united-kingdom", "european-union", "discrimination", "equality-act-2010", "european-council" ]
What is the difference between the respective doctrines of de minimis and frivolous claims
-2
https://law.stackexchange.com/questions/91524/what-is-the-difference-between-the-respective-doctrines-of-de-minimis-and-frivol
CC BY-SA 4.0
<p>Some claims are dismissed as de minimis while others are said to be frivolous. Are these two notions completely synonymous? If not then what’s the difference between them?</p>
91,524
[ { "answer_id": 91527, "body": "<blockquote>\n<p>Some claims are dismissed as de minimis while others are said to be\nfrivolous. Are these two notions completely synonymous?</p>\n</blockquote>\n<p>No. they aren't even that similar in meaning.</p>\n<blockquote>\n<p>If not then what’s the difference between th...
[ "legal-terms", "any-jurisdiction" ]
Do any other consumer rights laws have extraterritorial applicability to international organisations that cater to British or European customers?
1
https://law.stackexchange.com/questions/91582/do-any-other-consumer-rights-laws-have-extraterritorial-applicability-to-interna
CC BY-SA 4.0
<p>The GDPR purports to bind any organisation, wheresoever it may be based, that serves individuals based in the EU, or (as the case may be) the UK.</p> <p>The GDPR governs the obligations of organisations and businesses to the individuals they serve, much as consumer rights legislation governs (likewise asymmetrically...
91,582
[ { "answer_id": 91588, "body": "<p>There is nothing extraterritorial about these laws. If a company sells a good or provides a service to individuals based in the EU, then this good or service has to comply with EU laws.</p>\n<p>This concept is self-evident for physical goods that are produced anywhere in th...
[ "united-kingdom", "gdpr", "european-union", "jurisdiction", "extraterritorial-jurisdiction" ]
Is unwanted touching ever legal?
4
https://law.stackexchange.com/questions/5869/is-unwanted-touching-ever-legal
CC BY-SA 3.0
<p>As a general matter, unwanted touching of one person by another is not lawful.</p> <p>But is there ever an exception?</p> <p>For example, when limited available space requires it. Like, for example:</p> <ul> <li>In a crowded elevator?</li> <li>In the bleachers at a crowded football game?</li> <li>On the sidelines...
5,869
[ { "answer_id": 5883, "body": "<p>To use Texas as an example:</p>\n\n<blockquote>\n <p>Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:</p>\n \n <p>(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; </p>\n \n <p>(2) intent...
[ "united-states", "criminal-law", "tort" ]
Copyright claim / fair usage
1
https://law.stackexchange.com/questions/25769/copyright-claim-fair-usage
CC BY-SA 4.0
<p>We are a sports website covering news and have found a user on YouTube copying our written content and images and pasting it in whole in their videos.</p> <p>We have put in a copyright claim and got some videos taken down but they have put in a counter claim saying it is fair use and they will <em>sue</em> is if we ...
25,769
[ { "answer_id": 25770, "body": "<p>First, I don't know what \"Sir is\" means - I assume it is a typo of \"sue us\" and answer on that basis. Also, you don't tell us where you are and local law differs - I will assume US law.</p>\n\n<p>They can't sue you successfully - that's not how the \"Online Copyright In...
[ "copyright" ]
Are laws requiring fees and classes to practice 2nd Amendment constitutional?
-1
https://law.stackexchange.com/questions/36320/are-laws-requiring-fees-and-classes-to-practice-2nd-amendment-constitutional
CC BY-SA 4.0
<p>Would laws requiring citizens to pay for training courses and permits costs be ruled as unconstitutional if they were challenged?</p> <p>I only ask because, in Minnesota where I live I need to pay for a $60 - $100 dollar 5-hour course, then pay a $100 dollar fee to the sheriff's office every 5 years in order to car...
36,320
[ { "answer_id": 36324, "body": "<p>It is unlikely that those requirements would be held to be unconstitutional. A fundamental right such as the right to bear arms can only be restricted in specific ways (<a href=\"https://www.law.cornell.edu/wex/strict_scrutiny\" rel=\"nofollow noreferrer\">\"strict scrutiny...
[ "constitutional-law", "human-rights", "firearms" ]
Can two or more different entities simultaneously be data controllers for the same data?
0
https://law.stackexchange.com/questions/91578/can-two-or-more-different-entities-simultaneously-be-data-controllers-for-the-sa
CC BY-SA 4.0
<p>Suppose Alice is a customer of a business ACME who holds data on her like email correspondence. ACME uses a third party to manage their email, suppose Fastmail.fm. Fastmail.fm in turn delegates their data storage to a fourth party like Amazon’s AWS or Microsoft’s Azure, or to make it even more fun, perhaps Snowflake...
91,578
[ { "answer_id": 91583, "body": "<h2>Not in the example</h2>\n<p>Alice is a customer of ACME. ACME is the Data Controller. ACME contracts Fastmail as a <em>Data Processor</em>.</p>\n<p>Data Processors are different from Data controllers.</p>\n<h2>Yes in general</h2>\n<p>Let's say Alice is a customer of Amazon...
[ "gdpr", "data-ownership", "data" ]
Post Alliance for Hippocratic Medicine standing
-5
https://law.stackexchange.com/questions/91442/post-alliance-for-hippocratic-medicine-standing
CC BY-SA 4.0
<p>PETA spends significant amounts of money trying to get people to voluntarily not eat meat. If the government had outlawed eating meat, people would be forced to not eat meat, and so it would not have been necessary to spend money to convince them not to. Given that the government's inaction has caused PETA considera...
91,442
[ { "answer_id": 91443, "body": "<p>There is no parallelism between <a href=\"https://fingfx.thomsonreuters.com/gfx/legaldocs/myvmojgodvr/ND%20Texas%20Abortion%20Pill%20Ruling%202023-04-07.pdf\" rel=\"nofollow noreferrer\">the Texas decision</a> and the proposed lawsuit. In the anti-mifepristone lawsuit, ther...
[ "standing" ]
Do homophobic governments successfully subpoena LGBT dating sites?
-1
https://law.stackexchange.com/questions/91572/do-homophobic-governments-successfully-subpoena-lgbt-dating-sites
CC BY-SA 4.0
<p>I live in a very homophobic country and I'm afraid my state's police will eventually get unleashed and start prosecuting LGBT people for engaging in &quot;criminal offenses&quot; only because they identify as LGBT and want to hook up. They don't do it currently, or rather I haven't known of any case when people got ...
91,572
[ { "answer_id": 91576, "body": "<p>The basic legal principles are as follows. First, a government may pass a law criminalizing an act, for example <a href=\"https://uploads.guim.co.uk/2023/03/01/Motion_Seeking_Leave_of_Parliament_to_Introduce_a_Private_member%27s_Bill_Entitled_%27Anti-Homosexuality_Bill%27_(...
[ "international", "harassment", "subpoena" ]
What is the color of caution or warning of hazard sign?
-2
https://law.stackexchange.com/questions/91528/what-is-the-color-of-caution-or-warning-of-hazard-sign
CC BY-SA 4.0
<p>Is the following caution or warning of hazard sign orange or yellow? My impression is that it's color yellow, but the <a href="https://www.alberta.ca/sign-shapes-and-colours.aspx" rel="nofollow noreferrer">link</a> says it's color orange. And even though the aforementioned link says caution or warning of hazard sign...
91,528
[ { "answer_id": 91529, "body": "<p><strong>The picture you posted is of a yellow sign mislabeled as orange.</strong></p>\n<p>While some tints can be distorted depending on computer screens and color settings and individual perceptions may vary, verification of this specific example can be made by the context...
[ "traffic" ]
Why 12 Jurors, why not 11, 10, 9, 1?
12
https://law.stackexchange.com/questions/25059/why-12-jurors-why-not-11-10-9-1
CC BY-SA 4.0
<p>The question might seem basic, but why do juries in the United States consist of 12 members? </p> <p>Was there an experimental determination of this number? </p> <p>Would the addition or removal of a juror operate more effectively?</p>
25,059
[ { "answer_id": 25061, "body": "<p>The <a href=\"https://en.m.wikipedia.org/wiki/History_of_trial_by_jury_in_England\" rel=\"noreferrer\">origin of the jury</a> is a complex mix of Saxon, Danish and Norman custom which morphed and melded along with English Common Law, which is the basis of the law in all ex-...
[ "united-states", "jury", "legal-history" ]
Can someone summarize the ruling in Texas Mifepristone ruling?
0
https://law.stackexchange.com/questions/91463/can-someone-summarize-the-ruling-in-texas-mifepristone-ruling
CC BY-SA 4.0
<p>I started reading the ruling in <a href="https://int.nyt.com/data/documenttools/court-decision-invalidating-approval-of-mifepristone/0bb045930a649567/full.pdf" rel="nofollow noreferrer">Alliance for Hippocratic Medicine v. FDA</a>, but it's 60 pages long and full of the expected legalese.</p> <p>Can someone summariz...
91,463
[ { "answer_id": 91476, "body": "<p>Some interesting reasoning about standing aside (which antivaxxers etc. will love though, because it stipulates that the FDA refusing to collect <em>all</em> side effects statistics [even starting 16 years later] gives standing to sue on the original approval), the Texas' j...
[ "texas", "federal-courts", "abortion" ]
Is a sent email in someone else’s inbox subject to data subject rights of the sender?
7
https://law.stackexchange.com/questions/91549/is-a-sent-email-in-someone-else-s-inbox-subject-to-data-subject-rights-of-the-se
CC BY-SA 4.0
<p>Suppose Bob emails Alice, and both use Hotmail for their e-mail provider. Bob then deletes the message from his sent mail folder. Could Bob issue a subject access request (SAR) to Hotmail for the message (provided it is in fact still) held by Hotmail in Alice's inbox?</p> <p>Or suppose Charlotte emails Dave, who use...
91,549
[ { "answer_id": 91554, "body": "<p>An Art 15 Subject Access Request (SAR) “shall not adversely affect the rights and freedoms of others.”</p>\n<p>It would be a grave violation of privacy for an email provider to search its users' account contents. It is therefore likely that the email provider would refuse t...
[ "gdpr", "data-protection", "data", "subject-access-request" ]
Home Appraisal Appeal
1
https://law.stackexchange.com/questions/91553/home-appraisal-appeal
CC BY-SA 4.0
<p>We recently applied to have our PMI dropped, and the bank hired an appraiser to do an appraisal on our home. The comparisons they used were nothing like our home and were not in our subdivision, and the homes he did use to make their assessment were near a trailer park. We had our realtor do a market analysis for us...
91,553
[ { "answer_id": 91555, "body": "<p>It is possible. Your basis for legal action would be the <a href=\"https://ncua.gov/regulation-supervision/manuals-guides/federal-consumer-financial-protection-guide/compliance-management/lending-regulations/homeowners-protection-act-pmi-cancellation-act\" rel=\"nofollow no...
[ "real-estate", "insurance" ]
Publishing personal data obtained on a Swedish server - GDPR implications
0
https://law.stackexchange.com/questions/91532/publishing-personal-data-obtained-on-a-swedish-server-gdpr-implications
CC BY-SA 4.0
<p>Imagine a small social media chat platform is hosted in Sweden and subject to GDPR. Party A sends personal information to party B using the platform, using a private message. The information was provided directly to party B, and was not collected using any automated means. Party B publishes this personal information...
91,532
[ { "answer_id": 91552, "body": "<p>I don't think that GDPR applies here.</p>\n<p>There are three actors: Alice, Bob, and the Platform. Bob published Alice's personal data through the Platform. Then, we have to consider who of them would be the data controller for this processing activity. Only the controller...
[ "gdpr", "personal-information", "sweden" ]
legal limit for a tender in a B2B cooperation
-4
https://law.stackexchange.com/questions/91462/legal-limit-for-a-tender-in-a-b2b-cooperation
CC BY-SA 4.0
<p>Is there a legal limit, above which all B2B transactions must be carried out by tender? (And below which there is no need for a tender, and a company can use the services of any company of their choice?)</p> <p>If so, what is the amount?</p> <p>I am interested in mostly EU countries.</p>
91,462
[ { "answer_id": 91469, "body": "<h2>Purchase by tender is optional</h2>\n<p>Businesses can and do by from each other on many basis - they may pay a list price, they may place an order without knowing the price, they may ask for quotations (from one or many suppliers), they may negotiate a price, they may hol...
[ "legal-tender" ]
Is it possible for a court to adjust damages awards upward beyond what is asked for?
9
https://law.stackexchange.com/questions/91543/is-it-possible-for-a-court-to-adjust-damages-awards-upward-beyond-what-is-asked
CC BY-SA 4.0
<p>When a plaintiff (or counter-claimant) has only sought $1 in relief, do courts ever adjust that upward to reflect the true value of damages?</p>
91,543
[ { "answer_id": 91550, "body": "<p>I don't know of any cases where a court <em>has</em> done this, but the law would permit it in an appropriate circumstance.</p>\n<p>Under <a href=\"https://casetext.com/statute/united-states-code/title-28-appendix/federal-rules-of-civil-procedure/rules-of-civil-procedure-fo...
[ "civil-law", "any-jurisdiction", "civil-judgment", "civil-damages", "nominal-damages" ]
USA Private School Law. Could disrespect of State regulation be constructed as a breach of an enrollment contract?
0
https://law.stackexchange.com/questions/91556/usa-private-school-law-could-disrespect-of-state-regulation-be-constructed-as-a
CC BY-SA 4.0
<p>I am trying to understand the main, basic tenets of USA public vs. private school law. (See <a href="https://law.stackexchange.com/questions/91235/usa-private-school-law-how-is-contract-law-relevant">my previous question</a> of a series).</p> <p>In the case of a private school, I understand that the relationship be...
91,556
[ { "answer_id": 91557, "body": "<p>If it is not actually in the contract, it cannot be considered to be a breach of contract.</p>\n<p>There are two kind of private schools: approved, and non-approved. An approved private school is subject, in Washington State, to <a href=\"https://app.leg.wa.gov/RCW/default....
[ "school-law" ]
What is it called when a suspect is questioned without their lawyer?
0
https://law.stackexchange.com/questions/70189/what-is-it-called-when-a-suspect-is-questioned-without-their-lawyer
CC BY-SA 4.0
<p>To elaborate, I know it is illegal for authorities to question a suspect when their lawyer isn’t present. Is this a crime or just illegal? If it is a crime, what is it called?</p>
70,189
[ { "answer_id": 70191, "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<bl...
[ "criminal-law", "police", "legal-terms", "law-enforcement" ]
How far does the fruit of the poisonous tree doctrine extend?
15
https://law.stackexchange.com/questions/17851/how-far-does-the-fruit-of-the-poisonous-tree-doctrine-extend
CC BY-SA 3.0
<p>Suppose that an individual has been arrested, multiple times, for possession of controlled substances (i.e. illegal drugs), but has managed to get the charges dropped or dismissed by a court after a hearing each time because the searches leading to the arrest were blatantly unlawful under the 4th Amendment prohibiti...
17,851
[ { "answer_id": 19507, "body": "<p>You have raised two broad questions. The question about reasonable suspicion asks: <strong>when is evidence illegally obtained?</strong> That's difficult to answer, because it depends on the nature of the evidence and any statute which controlled the way in which it should ...
[ "united-states", "criminal-law", "fourth-amendment" ]
Perverting the Course of Justice - Does deception fit this crime?
-2
https://law.stackexchange.com/questions/91440/perverting-the-course-of-justice-does-deception-fit-this-crime
CC BY-SA 4.0
<p>My question: Does Perverting the Course of Justice 'apply' to those who try and garner 'evidence' using somewhat deceptive means, even if the evidence they intend to gain is accurate and lawful?</p> <p><strong>Hypothetical Example:</strong></p> <p>John has a need to prove his employment history. Perhaps he is being ...
91,440
[ { "answer_id": 91468, "body": "<h2>There must be a course of justice on hand that can be <a href=\"https://en.wikipedia.org/wiki/Perverting_the_course_of_justice\" rel=\"nofollow noreferrer\">perverted</a></h2>\n<p>It has been held that until: police start an investigation, prosecutors lay charges, or a pla...
[ "england-and-wales", "common-law", "rules-of-evidence" ]
Why was Gwyneth Paltrow‘s $1 not either adjusted upward or deemed frivolous?
-1
https://law.stackexchange.com/questions/91523/why-was-gwyneth-paltrow-s-1-not-either-adjusted-upward-or-deemed-frivolous
CC BY-SA 4.0
<p>Gwyneth Paltrow was subject to a merit less claim for however much, and she defended it while bringing a symbolic counter claim for $1, which I understood that she won on that order.</p> <p>This brings up a whole bunch of questions about the principles on which courts entertain or don’t entertain lawsuits, but the r...
91,523
[ { "answer_id": 91533, "body": "<p>Without her counter claim, many people watching the case would be thinking &quot;I bet she was guilty, but the poor victim didn't have enough evidence&quot;. With the judge ruling in her favour with the $1 award, many of these people will instead say &quot;So she was innoce...
[ "civil-law", "any-jurisdiction", "utah", "frivolous-arguments", "civil-damages" ]
What remedies can a witness use to satisfy the &quot;all the truth&quot; portion of their oath?
22
https://law.stackexchange.com/questions/91448/what-remedies-can-a-witness-use-to-satisfy-the-all-the-truth-portion-of-their
CC BY-SA 4.0
<p>Hypothetical: A witness took an oath to tell the whole truth. The adversarial cross-examiner abruptly cuts off the witness's testimony in the middle of a statement, leaving the train of thought incomplete and possibly leading to a misunderstanding by the jury.</p> <p>The witness wishes to finish that statement and m...
91,448
[ { "answer_id": 91456, "body": "<p>&quot;The whole truth&quot; is part of a formulaic phrase which has been operationalized to mean merely &quot;don't commit perjury.&quot;</p>\n<p>A witness simply answers the questions asked and is not permitted to go further.</p>\n<p>The witness is at the mercy of the lawy...
[ "united-states", "trial", "witnesses", "testimony", "oath" ]
How &quot;risky&quot; it is if I lose my passport? Will police investigate how I lost it?
-4
https://law.stackexchange.com/questions/91480/how-risky-it-is-if-i-lose-my-passport-will-police-investigate-how-i-lost-it
CC BY-SA 4.0
<p>I have some stamps on my passport that are not really good, and I don't want any of my family members to see it.</p> <p>Now, if I lose my passport somehow, and apply for a new passport, would I get a clean passport, without any travel history on it?</p> <p>Would police investigate if passport is actually lost, or is...
91,480
[ { "answer_id": 91497, "body": "<h2>Losing your passport is fine, happens all the time</h2>\n<p><strong>But that’s not what you are talking about, is it?</strong></p>\n<p>You’re intending to deliberately destroy it.</p>\n<p>While destroying a passport is not a specific offence under the <a href=\"https://pas...
[ "india", "indian-penal-code" ]
Is there a minimum speed limit on US hwy 60 in OK? Are bicycles legal on US hwy 60 in OK?
1
https://law.stackexchange.com/questions/36393/is-there-a-minimum-speed-limit-on-us-hwy-60-in-ok-are-bicycles-legal-on-us-hwy
CC BY-SA 4.0
<p>I had this experience about 4 years ago (which actually culminated a series of <strong>many</strong> similar experiences) where I was cycling my way back home (Missouri) from a bicycle trip to Cancun MX. </p> <p>In Washington county of Oklahoma, just east of Bartlesville on US hwy 60, while observing (and respec...
36,393
[ { "answer_id": 36461, "body": "<blockquote>\n <p>Now after 4 years I still can't get it off my mind and it's consuming\n me thinking that I was fooled into believing that the rule of law was\n the norm in this country (not the jungle law) and the beautiful\n constitution we have is not there just to loo...
[ "united-states", "traffic", "oklahoma" ]
Are authorities allowed to use technology to read your mind?
1
https://law.stackexchange.com/questions/91535/are-authorities-allowed-to-use-technology-to-read-your-mind
CC BY-SA 4.0
<p>If a technology that reads minds existed, would it be legal for authorities in the United States to use that technology to extract incriminating information from a defendant's mind against their will?</p> <p>Although mind reading technology is currently limited, it is improving rapidly. See, for example, the followi...
91,535
[ { "answer_id": 91537, "body": "<p>In the US at least, there is no mention of &quot;mind reading&quot; in the Constitution. But should such a technology be developed and actually used to read someone's mind and then that information was used against them in court, I can certainly see an appeal on at least 5...
[ "united-states", "privacy", "fifth-amendment" ]
difference between work and contractual obligations
3
https://law.stackexchange.com/questions/91518/difference-between-work-and-contractual-obligations
CC BY-SA 4.0
<p>In an employment contract, what is the difference between &quot;the course of work&quot; and &quot;performance of contractual obligations&quot;?</p> <p>For example, in the Swiss Code of Obligations:</p> <blockquote> <p>Art. <a href="https://www.fedlex.admin.ch/eli/cc/27/317_321_377/en#art_332" rel="nofollow noreferr...
91,518
[ { "answer_id": 91520, "body": "<p>Regarding inventions in performance of contractual obligations, these are inventions that are closely connected to the services described in the employment contract or related contractual documents. The creativity of the employee is why the employer pay them to create these...
[ "contract-law", "intellectual-property", "employment", "switzerland" ]
What identification must police officers provide to compel someone to follow their orders?
1
https://law.stackexchange.com/questions/91512/what-identification-must-police-officers-provide-to-compel-someone-to-follow-the
CC BY-SA 4.0
<p>As I understand it, in the USA it is the law that if a police office gives one a lawful order it is a crime to not comply with that order. What does the police officer need to do to identify them as a police officer for this law to apply? Is any statement that they are police sufficient, and people are required to...
91,512
[ { "answer_id": 91534, "body": "<p>Identification is require only in\n<a href=\"https://casetext.com/statute/alaska-statutes/title-28-motor-vehicles/chapter-2835-offenses-and-accidents/article-03-miscellaneous-offenses/section-2835180-disobedience-to-signals-of-officer-regulating-traffic-prohibited\" rel=\"n...
[ "united-states", "police", "identification" ]
IRS Form 5472 - What is a related party?
1
https://law.stackexchange.com/questions/91511/irs-form-5472-what-is-a-related-party
CC BY-SA 4.0
<p>I am looking at the definition of a related party at <a href="https://www.irs.gov/instructions/i5472#en_US_202301_publink1000283641" rel="nofollow noreferrer">https://www.irs.gov/instructions/i5472#en_US_202301_publink1000283641</a> and the definition includes further references to some sections? What are these sect...
91,511
[ { "answer_id": 91531, "body": "<blockquote>\n<p>the definition includes further references to some sections? What are\nthese sections, where are they? I would have appreciated a link to the\nrelevant sections at least. Can someone point me to the right\ndirection?</p>\n</blockquote>\n<p>&quot;Any direct or ...
[ "tax-law", "limited-liability-company", "irs" ]
How long can you be detained before the police are legally required to feed you?
8
https://law.stackexchange.com/questions/12029/how-long-can-you-be-detained-before-the-police-are-legally-required-to-feed-you
CC BY-SA 3.0
<p>Just like the title says, I'm wondering how long somebody can be held in custody before the police are legally required to feed them. Is there any legal limit, or is it at the discretion of the officers?</p> <p>As a bonus/optional question: are there any legal precedents of people starving to death (from not being ...
12,029
[ { "answer_id": 12063, "body": "<p>There appears to be no specific number of hours. <a href=\"http://www.aele.org/law/2007JBJUL/2007-07MLJ301.pdf\" rel=\"noreferrer\">This article</a> touches on the matter, presenting a slew of cases where e.g. the prisoner was on a hunger strike (self-imposed starvation is ...
[ "united-states", "police", "arrest" ]
Can Tucker Carlson be penalized or punished by the US government?
15
https://law.stackexchange.com/questions/78596/can-tucker-carlson-be-penalized-or-punished-by-the-us-government
CC BY-SA 4.0
<p>Tucker Carlson has often shown much bias in his reporting and opinions. It has now been reported that a Russian internal memo shows that they too consider him a good 'asset' because he is the western voice who echoes the Russian sentiments. It is interesting to note that he is the only westerner mentioned in this me...
78,596
[ { "answer_id": 78598, "body": "<p>The first amendment to the US constitution says:</p>\n<blockquote>\n<p>Congress shall make no law [...] abridging the freedom of speech, or of the press; [...]</p>\n</blockquote>\n<p>This constitutional hurdle is a very high obstacle to preventing the media from publicly sa...
[ "united-states", "media", "sanctions", "freedom-of-speech" ]
What happens if I move my partner into my AST without consent from the landlord
5
https://law.stackexchange.com/questions/85245/what-happens-if-i-move-my-partner-into-my-ast-without-consent-from-the-landlord
CC BY-SA 4.0
<p>The title question no doubt has an obvious answer (you could be evicted) but please keep reading, it's a complex situation and I have a few questions that I couldn't sum up easily into one title.</p> <p>I'm trying to move my partner into my flat in London. The situation is as follows:</p> <p>I have lived in the flat...
85,245
[ { "answer_id": 85256, "body": "<p>You won't get a reference from your landlord if you don't maintain a good relationship with them. I say just move her in and if you keep paying your rent they shouldn't care or maybe even know about it. If you're still living there she's basically your guest and they likel...
[ "england-and-wales", "rental-property", "tenancy-rules", "assured-shorthold-tenancy" ]
How to sign a prenup when marrying a foreign lady?
3
https://law.stackexchange.com/questions/18193/how-to-sign-a-prenup-when-marrying-a-foreign-lady
CC BY-SA 3.0
<p>My girlfriend lives in China. She is a Chinese citizen. I'm an American. We want to get married </p> <p>My concern: I have kids so I want to protect them. So naturally i want to sign a prenup. If she was here in America, that would be a piece of cake. But how do I sign it there. Or is there any way to bring her her...
18,193
[ { "answer_id": 18195, "body": "<p><strong>Applicable Law</strong></p>\n\n<p>A marital agreement can be entered into both before marriage (a prenup) and after marriage (a postnup). And, it will have the same legal effect in either case once entered into by the parties.</p>\n\n<p>In practice, marital agreemen...
[ "united-states", "immigration", "marriage", "family-law" ]
Would it be legal to hold this sign up outside the White House or another government building?
-1
https://law.stackexchange.com/questions/91509/would-it-be-legal-to-hold-this-sign-up-outside-the-white-house-or-another-govern
CC BY-SA 4.0
<p>Would it be legal for me to hold up this sign in front of the White House, the Capitol, or the SCOTUS building?</p> <blockquote> <p>MENE MENE TEKEL UPHARSIN</p> </blockquote>
91,509
[ { "answer_id": 91513, "body": "<h2>Yes</h2>\n<p>The case you want to know about is <a href=\"https://en.wikipedia.org/wiki/Cohen_v._California\" rel=\"nofollow noreferrer\">Cohen v. California</a>: A young man was arrested for wearing a jacket with the words &quot;Fuck the Draft&quot; and SCOTUS decided, th...
[ "united-states", "is-x-legal", "first-amendment" ]
Call from detective
-3
https://law.stackexchange.com/questions/91504/call-from-detective
CC BY-SA 4.0
<p>say hypothetically someone committed a the crime of stealing a public sign and being publicly intoxicated under the age of 21..</p> <p>The next day a detective calls asking to talk in person and says they &quot;are not going to get arrested&quot;</p> <p>What should the person do?</p> <p>Show up alone?</p> <p>Show up...
91,504
[ { "answer_id": 91510, "body": "<h3>You don't have to talk to the police.</h3>\n<p>All taking a lawyer with you will do is have someone to remind you not to talk to the police, and short your bank account a couple hundred dollars.</p>\n<p>Tell the detective you're busy. The detective saying you &quot;are no...
[ "criminal-law", "theft", "pennsylvania", "fifth-amendment" ]
Is an edited version of a trademark covered through the original trademark in the UK?
1
https://law.stackexchange.com/questions/91519/is-an-edited-version-of-a-trademark-covered-through-the-original-trademark-in-th
CC BY-SA 4.0
<p>Is a shortened or edited version of a trademark covered by the initial trademark.</p> <p>Take the following for example: <a href="https://i.stack.imgur.com/aiGHA.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/aiGHA.png" alt="enter image description here" /></a></p> <p>If someone were to use this ...
91,519
[ { "answer_id": 91521, "body": "<p>Trademarks protect against consumer confusion. Ask yourself if a consumer seeing that image with the &quot;studio&quot; portion removed might think that the altered image represents the same company as the original image. Of course, the answer will be &quot;yes.&quot;</p>...
[ "copyright", "united-kingdom", "intellectual-property", "trademark", "trade-name" ]
Is giving back a voucher instead of a refund legal?
0
https://law.stackexchange.com/questions/91498/is-giving-back-a-voucher-instead-of-a-refund-legal
CC BY-SA 4.0
<p>In the UK there is a sport accessories and outfits retailer called SportsDirect.</p> <p>They have this strange practice that I have never seen in any other UK retailer before, which is basically if you bought something from them but later you wanted to return it, they don't give you your money back, but instead they...
91,498
[ { "answer_id": 91500, "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", "consumer-protection" ]
Why is knowledge inside one&#39;s head considered privileged information but knowledge written on a piece of paper is not?
28
https://law.stackexchange.com/questions/91415/why-is-knowledge-inside-ones-head-considered-privileged-information-but-knowled
CC BY-SA 4.0
<p>At least in the US, one can refuse to reveal information contained inside one's head by pleading the Fifth Amendment. However, the same protections don't apply to papers (or computer files) with information you might not want to share with the government. But why does this distinction exist at all? Why does the law ...
91,415
[ { "answer_id": 91416, "body": "<p>The Fifth Amendment protection relates to a repugnant act, that of forcing a person to testify against themselves, and it is not about ways of looking at &quot;information&quot;. The relevant (legally-ancient) distinction is between a general inquiry and an accusation. The ...
[ "united-states", "fifth-amendment" ]
Is a witness on the stand allowed to take notes?
6
https://law.stackexchange.com/questions/91484/is-a-witness-on-the-stand-allowed-to-take-notes
CC BY-SA 4.0
<p>I have read that witnesses in a court are allowed to refer to notes when they are testifying, but, without regard as to why they might feel a need to, are they allowed to take notes while they are being questioned?</p> <p>(Inspired by the question <a href="https://law.stackexchange.com/q/91448/25504">What remedies c...
91,484
[ { "answer_id": 91485, "body": "<p>I've never heard of a rule specifically addressing this in the <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=\"t...
[ "court", "witnesses", "any-jurisdiction" ]
Issues with asking if legal action have been taken?
-2
https://law.stackexchange.com/questions/91494/issues-with-asking-if-legal-action-have-been-taken
CC BY-SA 4.0
<p>I was working for a forum and have since left. To cut a long story short, I have an intrusive thought all day every day that he's going to take legal action against me, since we had a data breach(I've informed him since, he was understanding). I have little reason to believe this, other than that he may be dishonest...
91,494
[ { "answer_id": 91501, "body": "<p>They don't owe you a thing, and could ignore or lie to you.</p>\n<p>To file a lawsuit against you, they must <strong>Serve</strong> you. Read up on what legal service is - you probably will notice if it happens! (though things can get a little weird if you have a PMB or Re...
[ "criminal-law", "england-and-wales", "civil-law" ]
What IP law would apply to trained weights of an AI model?
4
https://law.stackexchange.com/questions/90429/what-ip-law-would-apply-to-trained-weights-of-an-ai-model
CC BY-SA 4.0
<p>In simple terms, any AI system will consist of three elements:</p> <ol> <li>Code, written by humans, that defines the mathematical model</li> <li>The mathematical model itself, as it exists within the computer</li> <li>The model weights, millions or billions of parameters that are tuned by the training process</li> ...
90,429
[ { "answer_id": 90433, "body": "<h2>there might be patents to the methodology used to get the AI to learn</h2>\n<p>A methodology can be patented, and thus limited in who may use this particular way.</p>\n<h2>The base code is copyrighted</h2>\n<p>The base code of the AI, which makes the computer evaluate diff...
[ "intellectual-property", "computer", "artificial-intelligence" ]
Drinking whilst driving but remaining under the limit
2
https://law.stackexchange.com/questions/91486/drinking-whilst-driving-but-remaining-under-the-limit
CC BY-SA 4.0
<p>Now, I understand all of the below is ill advised, I'm just curious as to the legality of it.</p> <p>Unlike in the US, to my knowledge, the UK has no open container laws. It's perfectly legal for every person in the car bar the driver to be blind drunk and continuing to drink as long as they aren't causing a nuisanc...
91,486
[ { "answer_id": 91493, "body": "<h2><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></h2>\n<p>As a driver, you are not per...
[ "united-kingdom", "driving", "alcohol" ]
Can a police officer lie about a consequence of a traffic violation they charge you with?
-2
https://law.stackexchange.com/questions/91432/can-a-police-officer-lie-about-a-consequence-of-a-traffic-violation-they-charge
CC BY-SA 4.0
<p>I was pulled over for allegedly speeding less than 15 mph over the posted speed limit. As I was traveling on a minor highway a car coming from the opposite direction turned off the highway and just as I passed the turn a highway patrolman was revealed directly behind the person turning off the highway. He immediatel...
91,432
[ { "answer_id": 91435, "body": "<p>Despite the lengthy background, the only question seems to be:</p>\n<blockquote>\n<p>Can a police officer lie about a consequence of a traffic violation\nthey charge you with?</p>\n</blockquote>\n<p>As a matter of constitutional law in the United States, that answer is gene...
[ "united-states", "police", "traffic" ]
For what causes can a judge dismiss a juror? E.g. 17 year old defendant, juror said she believes video games contribute to violence
2
https://law.stackexchange.com/questions/91477/for-what-causes-can-a-judge-dismiss-a-juror-e-g-17-year-old-defendant-juror-s
CC BY-SA 4.0
<p>Is something like that prejudicial enough that the juror should be dismissed by the judge? Because it feels like that juror is just a sympathetic peer; do we dismiss people who are sympathetic? I think judges can dismiss jurors in death penalty cases if a juror is against the death penalty. Is that actually true, be...
91,477
[ { "answer_id": 91479, "body": "<p><a href=\"/questions/tagged/new-south-wales\" class=\"post-tag\" title=\"show questions tagged &#39;new-south-wales&#39;\" aria-label=\"show questions tagged &#39;new-south-wales&#39;\" rel=\"tag\" aria-labelledby=\"tag-new-south-wales-tooltip-container\">new-south-wales</a...
[ "united-states", "jury" ]
In the United States, what decides whether a case should go to the state courts or the federal courts?
3
https://law.stackexchange.com/questions/91401/in-the-united-states-what-decides-whether-a-case-should-go-to-the-state-courts
CC BY-SA 4.0
<p>The United States has a dual judiciary system with a state court system and a federal court system with the US Supreme court.</p> <p>If there is a person who is accused of breaking both state and federal laws because of an action(in this case, both state and federal laws agree with each other on the action being a b...
91,401
[ { "answer_id": 91408, "body": "<p>State crimes must be prosecuted by state prosecutors in state courts. Federal crimes must be prosecuted by federal prosecutors in federal courts. <a href=\"https://law.stackexchange.com/a/91409/46948\">hszmv's answer describes</a> the DOJ's policy where there is overlap.</p...
[ "united-states", "federal-courts", "judiciary" ]
Is the opportunity and/or potential to get tenure in the Texas State university system contractable?
2
https://law.stackexchange.com/questions/91471/is-the-opportunity-and-or-potential-to-get-tenure-in-the-texas-state-university
CC BY-SA 4.0
<p>According to this news item of March 30, 2023 about Texas Senate Bill 18 - <a href="https://www.tpr.org/education/2023-03-30/public-universities-could-no-longer-offer-tenure-for-professors-under-texas-senate-bill" rel="nofollow noreferrer">Public universities could no longer offer tenure for professors under Texas S...
91,471
[ { "answer_id": 91473, "body": "<p>The state legislature does get to say how the governmental institutions of higher education are run, so they can stipulate what is in the contract. There is no aspect of the current contract which guarantees future tenure, and it is standard that the rules of tenure can cha...
[ "contract-law", "texas", "state-university" ]
Personal Misconduct That May Result in a Lawyer&#39;s Censure or Disbarment
14
https://law.stackexchange.com/questions/91429/personal-misconduct-that-may-result-in-a-lawyers-censure-or-disbarment
CC BY-SA 4.0
<p>Is there some type of Code of (Personal) Conduct that lawyers in the United States must abide by under the penalty of either censure of disbarment? What personal kinds of personal misconduct might result in such penalties?</p> <p>I am especially interested in rules of personal conduct for members of the Texas bar.</...
91,429
[ { "answer_id": 91433, "body": "<p>The <a href=\"https://www.texasbar.com/AM/Template.cfm?Section=Home&amp;Template=/CM/ContentDisplay.cfm&amp;ContentID=27271\" rel=\"nofollow noreferrer\">Texas Disciplinary Rules of Professional Conduct</a> govern the issue of the grounds upon which lawyers admitted to prac...
[ "united-states", "texas", "lawyer", "misconduct" ]
Contesting Mojang&#39;s forced migration
-1
https://law.stackexchange.com/questions/77854/contesting-mojangs-forced-migration
CC BY-SA 4.0
<p>Mojang is forcing their users to migrate their account with their Microsoft account. Personally, I don't agree with this migration and especially the way they are forcing it on their users: if you don't migrate, you will lose access to the game.</p> <p>I have my reasons for not wanting to cooperate. For example, som...
77,854
[ { "answer_id": 77856, "body": "<p>You agreed to terms of use when you started using Mojang, posted at <a href=\"https://www.minecraft.net/en-us/terms\" rel=\"noreferrer\">https://www.minecraft.net/en-us/terms</a> and including:</p>\n<blockquote>\n<p>We may change these Account Terms from time to time, if w...
[ "software" ]
Is it illegal for a driver to ask a young lady to get in?
0
https://law.stackexchange.com/questions/36004/is-it-illegal-for-a-driver-to-ask-a-young-lady-to-get-in
CC BY-SA 4.0
<p>This question has been induced by <a href="https://www.stuff.co.nz/national/crime/109790435/attempted-abduction-of-girl-16-on-aucklands-north-shore" rel="nofollow noreferrer">this news</a> where the police is apparently searching for a driver who asked a 16-year-old lady to get into his car.</p> <p>The age of conse...
36,004
[ { "answer_id": 91464, "body": "<h2>Broadly speaking no crime was committed.</h2>\n<hr />\n<p>I don't know if harassments is a crime in New Zealand. If it is, then he committed it.</p>\n<p>Being a creepy pervert to people above the age of consent is not a crime. As long as he didn't expose himself. (sadly).<...
[ "minor", "consent", "new-zealand" ]
What recourse do I have if my car was broken into while in police impound?
3
https://law.stackexchange.com/questions/91455/what-recourse-do-i-have-if-my-car-was-broken-into-while-in-police-impound
CC BY-SA 4.0
<p>My car was being held as part of an investigation, while it was in police custody, it was broken into and personal effects were stolen along with the catalytic converter, it was one of several cars.</p> <p>A week or so ago a random boy showed up to the house with an ID card that belonged to one of my family members,...
91,455
[ { "answer_id": 91458, "body": "<p>A person who impounds your vehicle has a duty to keep the vehicle secure until it is released, so you might be able to sue the operator of the lot for damages. An exception would be if the lot is actually operated by the government. Under the doctrine of sovereign immunity,...
[ "california", "police", "theft", "vehicle", "custody" ]
Can a user opt-out of embedded services without prior account-linking?
0
https://law.stackexchange.com/questions/91418/can-a-user-opt-out-of-embedded-services-without-prior-account-linking
CC BY-SA 4.0
<p>Say I have a mobile app that uses Firebase Crashlytics and Google Maps without requiring a Google Sign-In, I assume that I have to ask for consent as I'm not sure they fall under legitimate interest, since there are possible alternatives.</p> <p>As far as I know I have to give a possibility to opt-out, which I can p...
91,418
[ { "answer_id": 91457, "body": "<p>This is going to depend on whether those services act as independent controllers, or as your data processors.</p>\n<p>If they are separate controllers, then you need a legal basis for sharing your user's personal data with them, which happens e.g. by loading content from th...
[ "gdpr", "data-protection" ]
Do teachers in the UK really lose their jobs if they accidently touch a child?
1
https://law.stackexchange.com/questions/91450/do-teachers-in-the-uk-really-lose-their-jobs-if-they-accidently-touch-a-child
CC BY-SA 4.0
<p>I once had a talk with a teacher in which I mentioned to her that when I used to teach 9 year olds music theory I would hold their hands while we drew treble and bass clefs together.</p> <p>Then slowly I would wean them off my assistance until they could write the clefs themselves. I never thought much of this becau...
91,450
[ { "answer_id": 91453, "body": "<p>There is no nationwide prohibition on physical contact between teachers and children. But there are positive duties for child safeguarding which might result in a local policy that is more restrictive. The exact legal background is different depending on whether this is hap...
[ "is-x-legal", "education" ]
If you let a thief into the building, are you liable?
-2
https://law.stackexchange.com/questions/91439/if-you-let-a-thief-into-the-building-are-you-liable
CC BY-SA 4.0
<p>In a building with gated entry, if a resident lets a stranger into the building, and he turns out to be a thief, would the resident who let him in be liable for the damages?</p>
91,439
[ { "answer_id": 91451, "body": "<p>The primary legal question is whether the resident (tenant) has breached a duty of care. There are all sorts of laws establishing duties of care, such as between doctor and patient, which may be created by a legislature or may be part of common law tradition. There is a dut...
[ "united-states", "liability", "theft" ]
After I paid deposit and booked the car, dealer sold it without notifying me
0
https://law.stackexchange.com/questions/91441/after-i-paid-deposit-and-booked-the-car-dealer-sold-it-without-notifying-me
CC BY-SA 4.0
<p>Day 1: I live in MA, USA. Last month I booked my first car from a local, small dealer by paying $300 deposit and signed the contract agreement. I also notified him that I'm going to take loan so I won't be able to give him check immediately. (His behavior was little bit rude and kind of money-oriented.)</p> <p>Day 3...
91,441
[ { "answer_id": 91447, "body": "<h2>It's right in the contract</h2>\n<blockquote>\n<p>In the event <strong>I fail to take delivery of the vehicle</strong> purchased by me <strong>within forty-eight (48) hours after I have been notified</strong> by you that it is ready for delivery <strong>and pay the total c...
[ "united-states", "contract-law", "massachusetts", "car" ]
in India is there a code that defines civil offences the same way as there is indian penal code?
2
https://law.stackexchange.com/questions/91363/in-india-is-there-a-code-that-defines-civil-offences-the-same-way-as-there-is-in
CC BY-SA 4.0
<p>There is 3 main laws regarding offences , Indian penal code , Code of Criminal procedure and Code of Civil procedure. the third law only describes civil procedure but doesn't define what laws count as civil laws , is there a code which deals with what laws are civil ?</p>
91,363
[ { "answer_id": 91391, "body": "<p>India does not have a comprehensive civil code, although though the Indian constitution allows the government to enact one.</p>\n<p>This is a product of two things.</p>\n<p>First, India's law are in the common law tradition, so most law that would be discussed in a European...
[ "civil-law", "india" ]
What legal recourse do we have against Clearview AI&#39;s collection of our personal data and terrifying privacy policy?
0
https://law.stackexchange.com/questions/48500/what-legal-recourse-do-we-have-against-clearview-ais-collection-of-our-personal
CC BY-SA 4.0
<p><strong>TL;DR:</strong> how do we get the data this company collected on us without also giving them our government-issued IDs that they could potentially keep and tie to our &quot;profiles&quot;?</p> <hr /> <p>A week ago (January 25th), the <a href="https://www.nytimes.com/2020/01/18/technology/clearview-privacy-fa...
48,500
[ { "answer_id": 91445, "body": "<p><strong>Breach of GDPR</strong></p>\n<p>France, Italy and Greece fined Clearview AI 20 million Euros for the following breaches:</p>\n<ul>\n<li>Unlawful processing of personal data (breach of Article 6 of the GDPR)</li>\n<li>Individuals’ rights not respected (Articles 12, 1...
[ "privacy", "human-rights", "fifth-amendment", "security", "data" ]
Are unmatched asterisks allowed in ads?
1
https://law.stackexchange.com/questions/47837/are-unmatched-asterisks-allowed-in-ads
CC BY-SA 4.0
<p>I received a flyer which advertises a &quot;free&quot; service trial. The word &quot;free&quot; appears three times overall and each time it has an asterisk, but neither on the front nor on the back is there an explanation for what the asterisk means. Until now I have never encountered this situation so I wonder if ...
47,837
[ { "answer_id": 91437, "body": "<p>By not providing any material to support the asterisk, the firm placing the ad lost an intended opportunity to clarify what they meant by the word &quot;free&quot; and are now left in the same position as if the asterisk had never appeared at all.</p>\n<p>Realistically, som...
[ "advertisements", "any-jurisdiction", "switzerland", "false-advertising" ]
What&#39;s stopping someone from saying &quot;I don&#39;t remember&quot;?
22
https://law.stackexchange.com/questions/91323/whats-stopping-someone-from-saying-i-dont-remember
CC BY-SA 4.0
<p>There are (at least) two problems possibly stemming from a person testifying in court:</p> <ul> <li><p>If they tell the truth, the testimony may have negative consequences they potentially don't like (which is the whole point of 5th Amendment, when the testimony is by the accused or in general detrimental to person ...
91,323
[ { "answer_id": 91331, "body": "<blockquote>\n<p>You can't prove a negative, so they can't be convicted of perjury for lying about whether they remember;</p>\n</blockquote>\n<p>Yes, they can. The government can convict the witness of perjury by proving that they <em>did</em> remember. This may be difficult...
[ "fifth-amendment", "perjury", "testimony", "knowledge" ]
What does Florida state law say regarding probate in real estate transactions?
2
https://law.stackexchange.com/questions/91328/what-does-florida-state-law-say-regarding-probate-in-real-estate-transactions
CC BY-SA 4.0
<p>Does Florida state law require that an estate go into probate in the event the seller in a real estate transaction passes away prior to closing?</p>
91,328
[ { "answer_id": 91337, "body": "<blockquote>\n<p>Does Florida state law require that an estate go into probate in the\nevent the seller in a real estate transaction passes away prior to\nclosing?</p>\n</blockquote>\n<p>Yes, if the seller is the owner of the property which is not in joint tenancy with right o...
[ "real-estate", "florida", "probate" ]
Are times zones, (i.e. a geo-spatial frame of reference) considered in age based regulations?
20
https://law.stackexchange.com/questions/91396/are-times-zones-i-e-a-geo-spatial-frame-of-reference-considered-in-age-based
CC BY-SA 4.0
<p>Bob was born in British Columbia (GMT-7) on March 7th at 11 p.m. local time. Alice was born the next day, March 8th, in Nova Scotia (GMT-3) at 1 a.m. local time, which is 2 hours before Bob was born, due to the time zone difference.</p> <p>Bob and Alice are in Vancouver (GMT-7). It is Bob's 19th birthday. Bob is of ...
91,396
[ { "answer_id": 91397, "body": "<p><a href=\"/questions/tagged/british-columbia\" class=\"post-tag\" title=\"show questions tagged &#39;british-columbia&#39;\" aria-label=\"show questions tagged &#39;british-columbia&#39;\" rel=\"tag\" aria-labelledby=\"tag-british-columbia-tooltip-container\">british-columb...
[ "age" ]
Tenant moves out of townhouse early in Florida on 2 year lease
1
https://law.stackexchange.com/questions/91387/tenant-moves-out-of-townhouse-early-in-florida-on-2-year-lease
CC BY-SA 4.0
<p>I'm looking for a path forward given the following <strong>residential lease terms in Florida</strong>:</p> <ol> <li>Tenant signed 2 year lease and paid rent on time for 8 months.</li> <li>Tenant gave 60 day notice that they would be moving out to be closer with family, claiming that a member of their family had att...
91,387
[ { "answer_id": 91390, "body": "<p>Eviction is the legal process of removing a tenant from a premise, which can be necessary because the landlord cannot legally throw the tenant out. (The sheriff does it, under orders from a court.) When the tenant has quit the premise, the landlord's remaining concern is (p...
[ "residential-lease", "florida" ]