question_title stringlengths 15 182 | score int64 -12 227 | link stringlengths 57 135 | license stringclasses 2
values | question_body stringlengths 38 15.9k | question_id int64 1 94.7k | answers list | tags list |
|---|---|---|---|---|---|---|---|
Would my title be updated after the highway was replatted in the 90's? | 2 | https://law.stackexchange.com/questions/91421/would-my-title-be-updated-after-the-highway-was-replatted-in-the-90s | CC BY-SA 4.0 | <p>I live next to a state highway and the lot my house is on was originally created around 1960. I purchased my house 5 years ago and the property description on the title when I bought the house describe the lot boundary as 50' measured from the center of the highway (that also tracks a section line). Apparently the... | 91,421 | [
{
"answer_id": 91422,
"body": "<blockquote>\n<p>If that property was transferred to the state when the highway was\nlast expanded wouldn't my property description have to be updated? Is\nthis a title insurance situation?</p>\n</blockquote>\n<p>You aren't far from the mark, but keep in mind that in the U.S. ... | [
"united-states",
"real-estate",
"minnesota"
] |
U.S. Law: Why would evidence be viewed in the light most favorable to prosecution? | -2 | https://law.stackexchange.com/questions/91423/u-s-law-why-would-evidence-be-viewed-in-the-light-most-favorable-to-prosecutio | CC BY-SA 4.0 | <p>Firstly, I'm requesting that persons focus on the question in the title of this post. Please do focus on that. I think for a rational trier of fact to view the evidence in the light most favorable to prosecution means that judicial bias has occurred: The judge has picked a party of which it has become partial to, wh... | 91,423 | [
{
"answer_id": 91424,
"body": "<p>You are quoting standards that are applicable during an appeal. So in this case, the defendant was brought to trial, was found guilty by a jury, and is now appealing that conviction. During that initial trial, the evidence was supposed to have been weighed neutrally.</p>\... | [
"criminal-law",
"evidence",
"due-process"
] |
Do I have to name all editors when reusing text from Wikipedia and SE? | 17 | https://law.stackexchange.com/questions/91403/do-i-have-to-name-all-editors-when-reusing-text-from-wikipedia-and-se | CC BY-SA 4.0 | <p>Wikipedia <a href="https://en.wikipedia.org/wiki/Wikipedia:Citing_Wikipedia" rel="noreferrer">writes</a> that</p>
<blockquote>
<p>You should not cite any particular author or authors for a Wikipedia article, in general. Wikipedia is collaboratively written. However, if you do need to find the list of authors of a pa... | 91,403 | [
{
"answer_id": 91405,
"body": "<p>Wikipedia is the <strong>Licensor</strong> who are granting you the license, thus in the text you quoted:</p>\n<blockquote>\n<p>You must attribute the work in the manner specified by the author <strong>or licensor</strong></p>\n</blockquote>\n<p>the manner specified by Wiki... | [
"creative-commons"
] |
Can a software license prohibit using competitors' software? | 5 | https://law.stackexchange.com/questions/90337/can-a-software-license-prohibit-using-competitors-software | CC BY-SA 4.0 | <p>Say a user purchases Company A's Fast Word Processor software and saves a document using it. Company B released a free document viewer, but Company A doesn't like competition, since they want everyone to buy their software.</p>
<p>In order to keep out competitors, Company A specifies in the click-wrap license terms ... | 90,337 | [
{
"answer_id": 90599,
"body": "<p><strong>Copyright law</strong></p>\n<p>Copyright law <a href=\"https://milleripl.com/blogs/patents/is-software-protected-by-copyrights-or-patents\" rel=\"nofollow noreferrer\">operates</a> to protect proprietory software developers' rights to limit use of their software. Th... | [
"united-states",
"copyright",
"contract-law",
"eula"
] |
Which grandchild is older, if one was born chronologically earlier but on a later calendar date due to timezones? | 19 | https://law.stackexchange.com/questions/91352/which-grandchild-is-older-if-one-was-born-chronologically-earlier-but-on-a-late | CC BY-SA 4.0 | <p>In his will, Charlie bequeaths his estate to his "oldest living grandchild." Upon Charlie's death, his two oldest living grandchildren are Bob and Alice. Bob was born in Vancouver, British Columbia on March 7th at 11 p.m. local time. Alice was born the next day, March 8th, in Halifax, Nova Scotia at 1 a.m.... | 91,352 | [
{
"answer_id": 91353,
"body": "<p>As you have stated, Alice was born two hours prior to Bob. In a will, "eldest" or "oldest" typically is equated with "first-born" (see Daniel N. Mattarlin, "<a href=\"https://www.canlii.org/en/commentary/doc/1967CanLIIDocs112\" rel=\"nofol... | [
"canada",
"wills",
"inheritance"
] |
Where to find the decisions of the Supreme Court of India? | 3 | https://law.stackexchange.com/questions/89961/where-to-find-the-decisions-of-the-supreme-court-of-india | CC BY-SA 4.0 | <p>I've tried to look up the full decision on the plea that was looking to ban the BBC in relation to <em>India: The Modi Question</em> documentary ban by the Indian Government</p>
<p>This <a href="https://www.telegraphindia.com/india/supreme-court-throws-out-plea-to-ban-bbc/cid/1915747" rel="nofollow noreferrer">Artic... | 89,961 | [
{
"answer_id": 90355,
"body": "<p>In addition to judgments, you should have looked at "<a href=\"https://main.sci.gov.in/daily-order\" rel=\"nofollow noreferrer\">Daily Orders</a>". The decision is uploaded here, amongst other situations, particularly if the case is devoid of merits and the SCI ha... | [
"india",
"court-records"
] |
Can two unique inventions that do the same thing be patented? | 12 | https://law.stackexchange.com/questions/91324/can-two-unique-inventions-that-do-the-same-thing-be-patented | CC BY-SA 4.0 | <p>Let's say I get a patent issued for a process/formulation that cures a disease or treats damaged hair.</p>
<p>Can someone else come along and invent something that cures the same disease or repairs hair, but they found a totally different chemical, process, and formulation?</p>
<p>Maybe a better way of asking is: ca... | 91,324 | [
{
"answer_id": 91326,
"body": "<p>Yes - patents are not for results but for devices and processes that can achieve the result.</p>\n<p>An airplane and a helicopter can have similar results; more than one medication helps to reduce blood sugar levels.</p>\n",
"score": 37
},
{
"answer_id": 91325,
... | [
"united-states",
"intellectual-property",
"patents"
] |
What does section 5 of Creative Commons 4.0 means? | 2 | https://law.stackexchange.com/questions/91395/what-does-section-5-of-creative-commons-4-0-means | CC BY-SA 4.0 | <p>I am in no way a lawyer, and I am having trouble decoding this part of the creative commons license :</p>
<blockquote>
<p>Section 5 – Disclaimer of Warranties and Limitation of Liability.</p>
<p>Unless otherwise separately undertaken by the Licensor, to the extent
possible, the Licensor offers the Licensed Material ... | 91,395 | [
{
"answer_id": 91398,
"body": "<h2>Use at your own risk</h2>\n<p>I'm letting you use this (presumably computer code or database, not a novel), but I'm not promising that it will work, and you can't sue me if it doesn't work. Admittedly, if the laws of your country will hold me liable for damage done by my c... | [
"contract-law",
"liability"
] |
Toronto - legal to fix car in home garage? | 3 | https://law.stackexchange.com/questions/91385/toronto-legal-to-fix-car-in-home-garage | CC BY-SA 4.0 | <p>Is it legal for someone to fix up old cars in their home garage in Toronto (north York specifically)? Including painting the car, engine etc, essentially trying to bring a dead car back to life.</p>
| 91,385 | [
{
"answer_id": 91386,
"body": "<p>It could be. You would have to check the <a href=\"https://map.toronto.ca/maps/map.jsp?app=ZBL_CONSULT\" rel=\"nofollow noreferrer\">specific address here</a>, although not all properties are covered by By-Law 569-2013. This will give you the allowed uses. Picking a random ... | [
"ontario",
"car"
] |
Judge witnesses the whole crime | 1 | https://law.stackexchange.com/questions/91311/judge-witnesses-the-whole-crime | CC BY-SA 4.0 | <p>What happens if the judge by some chance witnesses the crime? Has this ever happened? <br />
Or is the judge always picked in such a way that they could never be a witness? (Out of fears of bias or whatever)</p>
<p>I was thinking about ancient or medieval situations where the ruler would witness a crime and order a ... | 91,311 | [
{
"answer_id": 91345,
"body": "<p>There is one context where this does happen.</p>\n<p>Common law judges have direct contempt power.</p>\n<p>This means that while a judge is in the courtroom presiding over a case, the judge can summarily punish someone with incarceration and/or a fine without a trial for &q... | [
"witnesses",
"judge"
] |
USA Private School Law. How is contract law relevant? | 1 | https://law.stackexchange.com/questions/91235/usa-private-school-law-how-is-contract-law-relevant | CC BY-SA 4.0 | <p>I am trying to understand the main, basic tenets of USA public vs. private school law.
(<a href="https://law.stackexchange.com/questions/91199/usa-public-school-law-is-contract-law-somehow-relevant">my previous question</a> of a series)</p>
<p>A couple of questions I have are about the relationship between a student... | 91,235 | [
{
"answer_id": 91237,
"body": "<h2>Contract law is the basis for private schools operations</h2>\n<p>Private schools are not operated by the state.</p>\n<p>To attend, the school and the parents sign a contract stipulating payment for schooling. These contracts also generally contain a passus that makes the ... | [
"school-law"
] |
Is it legal for a store to lock the door with customers inside? | -4 | https://law.stackexchange.com/questions/70301/is-it-legal-for-a-store-to-lock-the-door-with-customers-inside | CC BY-SA 4.0 | <p>In a retail store the manager has instructed employees to lock the door when the store has closed, even if customers are still inside. This is to prevent more customers from entering. Is locking the door with customers inside legal? To be clear it is an ordinary lock with the non key side being on the inside (i.e. t... | 70,301 | [
{
"answer_id": 70303,
"body": "<p>The customers are able to leave, so there's no reason it could be a crime. Even if they weren't able to operate the lock themselves, they are presumably able to leave by asking a staff member. There is no way this could be remotely considered false imprisonment.</p>\n<p>Dep... | [
"canada",
"labor-law",
"british-columbia"
] |
Dispensing items free for restricted purposes | -5 | https://law.stackexchange.com/questions/91375/dispensing-items-free-for-restricted-purposes | CC BY-SA 4.0 | <p>Suppose a grocery chain charges £0.3 for carrier bags but gives out smaller and slightly flimsier ones for free, but they are imagined as only to be used for fresh produce to be weighed.</p>
<p>Bob sees them and decides he would prefer to use one of these for his packaged grocery purchases rather than pay £0.3 for a... | 91,375 | [
{
"answer_id": 91378,
"body": "<p>These flimsy bags are not given out for free. They're included at no additional charge with qualified purchases (specifically fresh produce to be weighed).</p>\n<p>It's like a "buy two X, get a third one free". You can't just take one X and claim it's still free. ... | [
"england-and-wales",
"any-jurisdiction"
] |
Does protocol 1 article 1 (peaceful enjoyment) cover charging of rent for another to occupy property? | -5 | https://law.stackexchange.com/questions/90896/does-protocol-1-article-1-peaceful-enjoyment-cover-charging-of-rent-for-anothe | CC BY-SA 4.0 | <p>Does the right to peacefully enjoy one’s (residential/real) property [and possessions…] in the ECHR guarantee/protect the right to let it out to others for them to inhabit in exchange for rent?</p>
<p>In other words, as this appears in the ECHR it is made somehow transcendental and more fundamental than other laws. ... | 90,896 | [
{
"answer_id": 91377,
"body": "<blockquote>\n<p>Future income constitutes a “possession” only if the income has been earned or where an enforceable claim to it exists (Ian Edgar (Liverpool) Ltd v. the United Kingdom; Wendenburg and Others v. Germany; Levänen and Others v. Finland; Anheuser-Busch Inc. v. Por... | [
"property",
"landlord",
"human-rights"
] |
Is a conditional threat still a true threat? | 5 | https://law.stackexchange.com/questions/49818/is-a-conditional-threat-still-a-true-threat | CC BY-SA 4.0 | <p>In the US, can attaching a condition to a threat have any bearing on whether it's a true threat or not? In other words, is there are difference between the following threats, in terms of criminal law:</p>
<ul>
<li>I'll hit you! (unconditional)</li>
<li>If you speak to me again, I'll hit you! (conditioned on somethi... | 49,818 | [
{
"answer_id": 86946,
"body": "<p>The <em>mere presence</em> of a conditional isn't a <em>determining</em> factor, but the <em>context</em> of the conditional <em>can</em> be a <em>contributing</em> factor in determining whether the threat is true or not. See a <a href=\"https://www.supremecourt.gov/Docket... | [
"criminal-law",
"threats"
] |
What levels of government and public school admin can ban race topics from classrooms? | 4 | https://law.stackexchange.com/questions/91361/what-levels-of-government-and-public-school-admin-can-ban-race-topics-from-class | CC BY-SA 4.0 | <p>I am a secondary History teacher. I teach a course that includes some unfortunate things that happened in the past, like slavery, violence between different peoples, caste systems, etc.</p>
<ol>
<li><p>My state has not passed any "anti-CRT" legislature. Instead they organized committees and updated the lis... | 91,361 | [
{
"answer_id": 91371,
"body": "<p>I presume you mean "in a government school", in private schools the matter is completely different. Also, any administrator is free to express their wishes, the salient question is what command can be enforced.</p>\n<p>If the state enacts a policy rule for educati... | [
"united-states",
"education",
"school-law"
] |
International student on a scholarship terminating early - lease break problems | -1 | https://law.stackexchange.com/questions/91367/international-student-on-a-scholarship-terminating-early-lease-break-problems | CC BY-SA 4.0 | <p>So, I will be leaving 3 months earlier than planned, and I have teied to break my lease with the student housing complex agent, but had no luck. I left a deposit, so one month would be covered, but they expect me to pay for the remaining 2 even though I will leave the country. I don't have an SSN, but they do have m... | 91,367 | [
{
"answer_id": 91370,
"body": "<p>Anybody who walks out on a lease obligation can be sued for the money that they owe. The only thing that leaving the country adds is complication over the landlord collecting. In principle, A can sue B regardless of the countries that they live in. The landlord would sue yo... | [
"breaking-the-lease",
"students"
] |
How to transport a knife that falls under the Weapons Act | 24 | https://law.stackexchange.com/questions/90121/how-to-transport-a-knife-that-falls-under-the-weapons-act | CC BY-SA 4.0 | <p>In Germany, there is a law (<a href="https://www.gesetze-im-internet.de/waffg_2002/__42a.html" rel="noreferrer">Weapons Act</a>) that prohibits the carrying of a knife with a blade length of 12 cm. "Fixed knives with a blade length of more than 12 centimetres, any knives classified as cutting and thrusting weap... | 90,121 | [
{
"answer_id": 90126,
"body": "<p>Obviously, there are plenty of kitchen knives over 12 cm in length.</p>\n<p>A knife that is legal for home use be carried outside the home in an enclosed compartment (<em>verschlossenes Behältnis</em>) which prevents immediate access. So it is forbidden to carry the knife t... | [
"germany",
"weapons"
] |
Are we allowed to ride a geared motorcycle(2 wheeler) alone on indian roads with a learner's license | 0 | https://law.stackexchange.com/questions/91194/are-we-allowed-to-ride-a-geared-motorcycle2-wheeler-alone-on-indian-roads-with | CC BY-SA 4.0 | <p>I have a learner's license for a geared bike in India. And I want to know if according to indian governmental laws, can a citizen ride a geared bike alone with a learner's license.</p>
<p>I tried searching this on the web and came across <a href="https://www.quora.com/I-have-a-learners-license-for-a-two-wheeler-in-I... | 91,194 | [
{
"answer_id": 91362,
"body": "<p>Rule 3 of <a href=\"https://morth.nic.in/sites/default/files/CMVR-chapter2.pdf\" rel=\"nofollow noreferrer\">The Central Motor Vehicle Rules, 1988</a> prescribe the conditions as per which an individual holding a license (as per Section 3 of the Motor Vehicles Act, 1988) ca... | [
"india",
"traffic",
"driving"
] |
Could DA Bragg have only charged Trump with misdemeanor offenses, and could a jury find Trump to be only guilty of those? | 16 | https://law.stackexchange.com/questions/91295/could-da-bragg-have-only-charged-trump-with-misdemeanor-offenses-and-could-a-ju | CC BY-SA 4.0 | <p>My understanding is that one of the <a href="https://www.justsecurity.org/85581/the-manhattan-das-charges-and-trumps-defenses-a-detailed-preview/" rel="nofollow noreferrer">most legally controversial</a> parts of DA Bragg's indictment of former President Trump is the decision to elevate the charges of falsifying bus... | 91,295 | [
{
"answer_id": 91299,
"body": "<blockquote>\n<p>Could DA Bragg have only charged Trump with 34 misdemeanor counts,\nwithout elevating the charges to felonies?</p>\n</blockquote>\n<p>Yes.</p>\n<blockquote>\n<p>if Trump's defense team argues that the law that elevates the\nmisdemeanor charges to felony charge... | [
"united-states",
"criminal-law",
"new-york-state"
] |
Penalising DMCA requests | 6 | https://law.stackexchange.com/questions/90223/penalising-dmca-requests | CC BY-SA 4.0 | <p>There are stories that Twitter is closing Twitter accounts of people filing DMCA requests against other Twitter users, including what looks like perfectly legitimate requests by photographers.</p>
<p>Is that legal, or is there anything in the DMCA itself that makes this illegal? (Similar to an employer who can legal... | 90,223 | [
{
"answer_id": 90246,
"body": "<h2>“People who make DMCA requests” is not a protected class under anti-discrimination law</h2>\n<p>Business do not have to deal with any particular customers if they don't want to unless the reason they aren't is due to them being a member of a protected class. SO, if they ch... | [
"dmca"
] |
What characters are allowable in a US name? | 8 | https://law.stackexchange.com/questions/18055/what-characters-are-allowable-in-a-us-name | CC BY-SA 3.0 | <p>Someone mentioned to me that they ran into someone with "Æ" (the AE grapheme) in their name, which got me wondering what characters are allowable in the US.</p>
<p>I've done a bit of research and found that it seems like name changing, baby registration, (and maybe immigration?) are state specific forms, though do ... | 18,055 | [
{
"answer_id": 18059,
"body": "<p>There is ultimately no meaningful regulation of name choice in the United States, but failing to follow convention can be a pain.</p>\n<p>Many countries have far more rigorous regulation of names and often require that a name be on a pre-approved list or at least that it re... | [
"name"
] |
YU-GI-OH! name IP protection? | -5 | https://law.stackexchange.com/questions/91347/yu-gi-oh-name-ip-protection | CC BY-SA 4.0 | <p>What is the TM and IP status for <strong>Yugioh</strong>?</p>
<p>Related to question <a href="https://law.stackexchange.com/q/87619/3942">Will the YU-GI-OH! card copyright ever end?</a>, is the name 'Yu-Gi-Oh!' name protected?</p>
<p>This resource <a href="https://trademarks.justia.com/769/77/yu-gi-76977902.html" re... | 91,347 | [
{
"answer_id": 91357,
"body": "<h2>It's trademarked.</h2>\n<p>Yu-Gi-Oh has active trademarks in at least the following categories:</p>\n<ul>\n<li><a href=\"https://tsdr.uspto.gov/#caseNumber=76977902&caseType=SERIAL_NO&searchType=statusSearch\" rel=\"nofollow noreferrer\">IC 041 - US 100, 101, 107</... | [
"copyright",
"intellectual-property",
"trademark",
"patents"
] |
Is there a loophole in the GPL allowing binary-only distribution? | 3 | https://law.stackexchange.com/questions/27768/is-there-a-loophole-in-the-gpl-allowing-binary-only-distribution | CC BY-SA 3.0 | <p>I asked this question a long time ago <a href="https://softwareengineering.stackexchange.com/questions/262720/does-releasing-a-binary-work-under-gpl-mean-source-must-be-provided">here</a>, which was the wrong place, and got a bunch of conflicting answers from a bunch of non-lawyers.</p>
<p>I'm hoping for a more def... | 27,768 | [
{
"answer_id": 27779,
"body": "<p>There is no loophole because a work released in object code form only — without the Corresponding Source — is not released under GPLv3, even if you say it is.</p>\n\n<blockquote>\n <p>GPLv3 only requires them to also provide whatever source came with it</p>\n</blockquote>\... | [
"gpl"
] |
Old backups containing login information | -2 | https://law.stackexchange.com/questions/91335/old-backups-containing-login-information | CC BY-SA 4.0 | <p>I've been keeping an old website backup of a website that I used to work on on my PC for the last year or so. It was all my own work and wanted to just keep it in case I ever wanted to reuse it or use it as a framework for future projects. Moreover, since I was a solo dev on this project working for a friend, I want... | 91,335 | [
{
"answer_id": 91356,
"body": "<p>Summarized, GDPR is about documented permissions and processes, and balances of interests.</p>\n<ul>\n<li>If Alice pays Bob to develop a website, but not to operate or troubleshoot it, then Alice should never, ever give Bob access to productive customer data. It is up to Al... | [
"united-kingdom",
"criminal-law",
"gdpr"
] |
Do I Owe the Apartment Admin Fee if I don't Sign the Lease | 0 | https://law.stackexchange.com/questions/21440/do-i-owe-the-apartment-admin-fee-if-i-dont-sign-the-lease | CC BY-SA 3.0 | <p>I applied (I didn't actually fill in every field, but they still performed a background check) to an apartment where they charge both an administrative fee and application fee. I decided to sign a lease with a different apartment and consequently didn't sign one with the apartment that charges both administrative an... | 21,440 | [
{
"answer_id": 21443,
"body": "<p>You agreed to pay these fees when you applied for the apartment, so unless they explicitly say that one or both of these fees is waived in case you don't take the apartment (virtually no chance that they said such a thing), you owe that money. Your obligation is not conting... | [
"united-states",
"residential-lease",
"texas"
] |
May a US YouTuber video record in a US post office without obtaining permission, and post the video to YouTube? | 3 | https://law.stackexchange.com/questions/77788/may-a-us-youtuber-video-record-in-a-us-post-office-without-obtaining-permission | CC BY-SA 4.0 | <p><a href="https://about.usps.com/posters/pos7.pdf" rel="nofollow noreferrer">Poster 7</a> is a source of much argument/confusion amongst the online Auditing/Frauditing communities. YouTubers bring their cameras into US post offices and video the employees, citizens, walls, etc., and then post their videos to YouTube.... | 77,788 | [
{
"answer_id": 77791,
"body": "<p>This has yet to be specifically decided in the federal courts. The Post Office can set "rules of conduct" for its facilities. Prohibiting photographing is plainly a restriction on one's First Amendment rights, and it is established beyond question that a governmen... | [
"civil-rights",
"postal-service"
] |
Right to a refund on accessories when the main purchase is found to be not as advertised | 5 | https://law.stackexchange.com/questions/81096/right-to-a-refund-on-accessories-when-the-main-purchase-is-found-to-be-not-as-ad | CC BY-SA 4.0 | <p>I recently bought an amplifier for my hifi system from a local retailer in the UK. The amplifier was found to be not as specified and after some quibbling the store manager agreed a refund. However, he has flatly refused a refund on additional accessories (ancillary cables and such) even though it was made known the... | 81,096 | [
{
"answer_id": 82067,
"body": "<p>I hope someone can expound whether the Sale of Goods Act 1979 and/or Consumer Rights Act 2015 can assist OP. But nobody has answered OP.</p>\n<h1>OP, here is what I would do.</h1>\n<p>Escalate over this manager, if you can. Cite case law at the highest ranking employee of t... | [
"united-kingdom",
"consumer-protection"
] |
Does my will need to be in legalese? | 4 | https://law.stackexchange.com/questions/5865/does-my-will-need-to-be-in-legalese | CC BY-SA 3.0 | <p>My wife and I are planning to write a will, or have one written for us. To me, it seems very simple. Our wishes are:</p>
<ol>
<li>If either my wife or I dies, the other one gets everything.</li>
<li>If we both die before our child is 18, he goes to Bob. All our stuff goes to our child in a trust that he gets when h... | 5,865 | [
{
"answer_id": 5868,
"body": "<h2>Legalese is not required</h2>\n\n<p>You can and should write a will in plain English. However, you need to ensure that your <em>simple</em> wishes can:</p>\n\n<ol>\n<li>Actually be understood,</li>\n<li>Actually be implemented,</li>\n<li>Don't have unintended consequences,<... | [
"wills"
] |
Can the government force spammers to disclose how they got my e-mail address? | 4 | https://law.stackexchange.com/questions/91338/can-the-government-force-spammers-to-disclose-how-they-got-my-e-mail-address | CC BY-SA 4.0 | <p>My impression is that a large proportion of unsolicited email marketing (SPAM) originates because the recipient willingly provides their address in the course of a desired interaction with a second-party, but in the process unwittingly consents to having their personal information shamelessly exploited, sold and res... | 91,338 | [
{
"answer_id": 91342,
"body": "<h1>A Commerce Clause challenge would fail</h1>\n<p>A Commerce Clause challenge seems like a sure loser. Under the Commerce Clause, Congress “has authority to regulate and protect the instrumentalities of interstate commerce,” <a href=\"https://casetext.com/case/gonzales-v-rai... | [
"first-amendment",
"email",
"spam",
"marketing",
"commerce-clause"
] |
Can I use text or ideas from Youtube Comments in a book or online work? | 0 | https://law.stackexchange.com/questions/91333/can-i-use-text-or-ideas-from-youtube-comments-in-a-book-or-online-work | CC BY-SA 4.0 | <p>I recently ran into an interesting back and forth between quite a few people in youtube comments, and it was the topic I'm interested in writing about: whether it would be a book or just post it online, I'm still not sure.</p>
<p>Might possibly get sued for using their comments? It was quite a lot of people, I wasn'... | 91,333 | [
{
"answer_id": 91341,
"body": "<p>Ideas can't be copyrighted.</p>\n<p>Implementations of ideas can be patented, but that involves a significant process far beyond a Youtube comment.</p>\n<p>It sounds like you're not after their exact-word endorsement per se... you just think they have a good idea and want t... | [
"fair-use",
"youtube"
] |
I believe my ex is using DHS to create problems for me, what can i do? | 1 | https://law.stackexchange.com/questions/31021/i-believe-my-ex-is-using-dhs-to-create-problems-for-me-what-can-i-do | CC BY-SA 4.0 | <p>I have recently received a visit from child protective services. The visit was due to a report of possible neglect regarding my youngest child. I am confident after speaking with the social worker that this will be closed and deemed non-founded within a weeks time. I understand that reports are made anonymously and ... | 31,021 | [
{
"answer_id": 31027,
"body": "<blockquote>\n <p>is there anything i can do to prevent my ex from costing us our home\n and my husbands job by making false reports, thus sending more police\n to our home for no reason at all??</p>\n</blockquote>\n\n<p>Many laws are similar across states. Thus, in your ju... | [
"children",
"investigation"
] |
Overseas ERP consequences | -1 | https://law.stackexchange.com/questions/90513/overseas-erp-consequences | CC BY-SA 4.0 | <p>A friend of mine is worried about a certain thing he did a couple of months ago. Assume he lied about his age when he was 17 (now 18), and did erotic roleplay (ERP) with another individual who also lied about their age, and claimed to be over 18. This friend of mine lives in an overseas country, for example, Turkey ... | 90,513 | [
{
"answer_id": 90515,
"body": "<p>This is unlikely to give rise to criminal charges in the U.S., if the bare bone facts of the question are all that is involved.</p>\n<p>It does not count as child pornography. But possible offenses might include contributing to the delinquency of a minor (a minor misdemeano... | [
"united-states",
"criminal-law",
"international",
"minor",
"turkey"
] |
How is untouchability defined in Indian law? | 1 | https://law.stackexchange.com/questions/91306/how-is-untouchability-defined-in-indian-law | CC BY-SA 4.0 | <p>Article 17 of India's Constitution makes it mandatory to abolish all forms of untouchability but what does untouchability mean? There's also the protection of Civil Rights Act 1955, India that makes this illegal but even there untouchability isn't defined.</p>
<p>Edit: The Civil Rights Act states</p>
<blockquote>
<p... | 91,306 | [
{
"answer_id": 91314,
"body": "<p>Untouchability refers to social practices with respect to those who are <em>avarna</em>, referring to the ancient 4 occupational classes identified by the <em>varna</em> system as exemplified by the Mānavadharmaśāstras. Anyone who is not kṣatriya, brahmin, vaiśya or śudr... | [
"legal-terms",
"india",
"indian-constitutional-law"
] |
Is it legal to fix an iPhone with a non original battery in California? | 15 | https://law.stackexchange.com/questions/83250/is-it-legal-to-fix-an-iphone-with-a-non-original-battery-in-california | CC BY-SA 4.0 | <p>I got my iPhone XR battery replaced 6 months ago. I chose a bigger capacity battery. The tech guy told me it is not apple's original part. But I decided to give it a shot. Battery life has been working great for me.</p>
<p>The same phone got its screen cracked (I dropped the phone), so yesterday I went to the Apple... | 83,250 | [
{
"answer_id": 83251,
"body": "<p>To answer the question in the headline, yes, it is legal to install a non-original battery in an iPhone. In a <a href=\"https://www.scotusblog.com/case-files/cases/impression-products-inc-v-lexmark-international-inc/\" rel=\"nofollow noreferrer\">2016 Supreme Court case</a>... | [
"united-states",
"california",
"property",
"hardware",
"right-to-repair"
] |
Can an attorney plead the 5th if attorney-client privilege is pierced? | 18 | https://law.stackexchange.com/questions/91274/can-an-attorney-plead-the-5th-if-attorney-client-privilege-is-pierced | CC BY-SA 4.0 | <p>In the investigation related to Mar-a-Lago, the Justice Department is <a href="https://apnews.com/article/trump-probe-attorney-client-privilege-b9c9c85afa5a30a2c7aac527ed2bdf66" rel="noreferrer">seeking to pierce attorney-client privilege</a> relating to several bits of testimony and discovery items they're seeking ... | 91,274 | [
{
"answer_id": 91275,
"body": "<blockquote>\n<p>Can an attorney plead the 5th if attorney-client privilege is pierced?</p>\n</blockquote>\n<p>Yes. But if the prosecutor offers the attorney "use immunity" for the testimony (i.e. a binding promise that the attorney's own testimony won't be used agai... | [
"united-states",
"fifth-amendment",
"attorney-client-privilege"
] |
Liability for releasing AI into the "wild"? | 5 | https://law.stackexchange.com/questions/90996/liability-for-releasing-ai-into-the-wild | CC BY-SA 4.0 | <p>Lets say Bob writes an AI that has the ability to replicate, learn and has a predisposition towards self preservation. As the AI gets smarter, it realizes that it needs to clone itself in order to avoid being shut down. Since it has access to the internet. It teaches itself how to replicate similar to a worm. Except... | 90,996 | [
{
"answer_id": 91003,
"body": "<h2><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged 'united-states'\" aria-label=\"show questions tagged 'united-states'\" rel=\"tag\" aria-labelledby=\"tag-united-states-tooltip-container\">united-states</a> - <a hr... | [
"liability",
"artificial-intelligence"
] |
Can we use images from Wikimedia Commons in a product that we sell? | 0 | https://law.stackexchange.com/questions/91319/can-we-use-images-from-wikimedia-commons-in-a-product-that-we-sell | CC BY-SA 4.0 | <p>Say we are creating an educational application that needs to use a number of images as part of its lessons. Since it would be prohibitively expensive if we had to hire an artist to create all the necessary images, would it be legal to use images from Wikipedia Commons in a product that we sell?</p>
<p><a href="https... | 91,319 | [
{
"answer_id": 91320,
"body": "<p>Yes. The introduction to the license says "You may adapt — ... build upon the material for any purpose, <strong>even commercially</strong>". (My emphasis).</p>\n<p>Note that there is an attribution requirement so you need to find a way to attribute each image to ... | [
"copyright",
"software",
"licensing",
"ownership",
"digital-content"
] |
Can you be issued a trespass warning on public property for no reason at all? | 19 | https://law.stackexchange.com/questions/90243/can-you-be-issued-a-trespass-warning-on-public-property-for-no-reason-at-all | CC BY-SA 4.0 | <p>Lets say you're in the library or park. Both owned by the public (city). An employee asks you to leave. You ask why and they respond with "Because I'm telling you to". You refuse, and the employee walks away and calls the Police. When the Police show up, they tell you have been asked to leave or you will b... | 90,243 | [
{
"answer_id": 90247,
"body": "<blockquote>\n<p>Can you be trespassing on public property for no reason at all?</p>\n</blockquote>\n<p><strong>Yes.</strong></p>\n<p>When the government owns property, it can direct you to leave for any reason (even a legally invalid reason), and you are trespassing if you do... | [
"united-states",
"trespass"
] |
Death of seller in residential home sale - is probate required? (Florida, USA) | -1 | https://law.stackexchange.com/questions/91313/death-of-seller-in-residential-home-sale-is-probate-required-florida-usa | CC BY-SA 4.0 | <p>I have a purchase and sale agreement to buy a house in the Orlando, FL area, with a scheduled closing date of 5/1/2023. Unfortunately, the seller passed away last week, leaving the house to her son in her will.</p>
<p>The listing agent is saying that the sale must go into probate, and has started the process. My mor... | 91,313 | [
{
"answer_id": 91315,
"body": "<p>Only the owner of real estate can sign the paperwork transferring title from A to B. The titular owner is now dead, so there is a process whereby some other person is authorized to dispose of the decedents property – the personal representative could do this. There is a pri... | [
"real-estate",
"florida",
"homeownership"
] |
What would be different if Kyle Rittenhouse were 9 instead of 17? | 3 | https://law.stackexchange.com/questions/74799/what-would-be-different-if-kyle-rittenhouse-were-9-instead-of-17 | CC BY-SA 4.0 | <p>In the Kyle Rittenhouse case, I felt like he would be charged with possessing a weapon while under-age. But this charge was dropped. I looked into this and ran into this article: <a href="https://abcnews.go.com/US/wireStory/explainer-judge-drop-rittenhouse-gun-charge-81285031" rel="nofollow noreferrer">https://abcne... | 74,799 | [
{
"answer_id": 74821,
"body": "<p>Pre-1991, Wisconsin criminal law ONLY prevented handguns (as well as various other things such as nunchuks and tasers) from being possessed by minors (being people under age 18), in section 948.60. <a href=\"https://docs.legis.wisconsin.gov/1987/related/acts/332\" rel=\"nof... | [
"united-states",
"firearms",
"federalism"
] |
Is willingly and knowingly touching a person in public without a good reason harassment? | -3 | https://law.stackexchange.com/questions/91304/is-willingly-and-knowingly-touching-a-person-in-public-without-a-good-reason-har | CC BY-SA 4.0 | <p><strong>Hypothetical Situation</strong><br/>
Person A: A person with autism.<br/>
Person B: A person shooting videos for social media making fun of unsuspecting people like person A.</p>
<p>Person A is enjoying a meal in a restaurant. They're sitting at a table, not in the way of people that need to pass through. Pe... | 91,304 | [
{
"answer_id": 91309,
"body": "<p><a href=\"/questions/tagged/new-south-wales\" class=\"post-tag\" title=\"show questions tagged 'new-south-wales'\" aria-label=\"show questions tagged 'new-south-wales'\" rel=\"tag\" aria-labelledby=\"tag-new-south-wales-tooltip-container\">new-south-wales</a... | [
"harassment"
] |
Must a counselor therapist keep certain information confidential even if it pertains to illegal activity? | 1 | https://law.stackexchange.com/questions/91101/must-a-counselor-therapist-keep-certain-information-confidential-even-if-it-pert | CC BY-SA 4.0 | <p>Generally speaking medical professionals are obligated to keep their patient information confidential, I think by legislation or the licensing body that allows them to practice. I'm not sure if it's redundant but some counselors have some sort of privacy policy such as they will only divulge information if it relate... | 91,101 | [
{
"answer_id": 91106,
"body": "<p>In most jurisdictions, the only exception to the confidentiality rules is imminent harm. For example, if the patient announces that they intend to commit a violent crime, reporting this would be allowed.</p>\n<hr />\n<p>In <a href=\"/questions/tagged/canada\" class=\"post-t... | [
"canada",
"medical",
"confidentiality",
"mental-health"
] |
When you plead the 5th and a Judge asks you questions about it, is that conversation considered privileged? | 2 | https://law.stackexchange.com/questions/91195/when-you-plead-the-5th-and-a-judge-asks-you-questions-about-it-is-that-conversa | CC BY-SA 4.0 | <p>If you invoke the right to not self-incriminate when testifying and the judge asks you questions in regards to whether you fear of incriminating yourself is reasonable.</p>
<p>Is that conversation considered privilege? Does the same rights to confidentially that apply to talks with counsel apply to it?</p>
<p>I wond... | 91,195 | [
{
"answer_id": 91302,
"body": "<p>I believe a frame challenge is necessary, as the underlying assumption of the question, and in particular the material quoted from another answer, is, I understand, incorrect.</p>\n<p>This assertion, in short, is that if an invocation of the 5th is challenged, or perhaps ju... | [
"united-states",
"constitutional-law",
"us-constitution",
"fifth-amendment",
"attorney-client-privilege"
] |
Are there any sentencing guidelines for the crimes Trump is accused of? | 9 | https://law.stackexchange.com/questions/91283/are-there-any-sentencing-guidelines-for-the-crimes-trump-is-accused-of | CC BY-SA 4.0 | <p>Does New York have sentencing guidelines? If so, what do they say about the felony falsification of business records, and the associated conspiracy, that Donald Trump has been charged with?</p>
| 91,283 | [
{
"answer_id": 91284,
"body": "<p>New York State's sentencing laws do not have sentencing guidelines in the sense that the federal courts do.</p>\n<p>Donald Trump is an individual with no prior felony convictions who is charged with Class E felonies. The statutory sentencing range for these offenses under N... | [
"new-york-state",
"sentencing"
] |
Do TV games have tax exemptions when prize money goes to an non-profit? | 1 | https://law.stackexchange.com/questions/91286/do-tv-games-have-tax-exemptions-when-prize-money-goes-to-an-non-profit | CC BY-SA 4.0 | <p>In some TV games, where participants are usually famous people, the prize money goes to charity organization. In France, donations to such organizations by individuals give right to tax exemptions. Do the producers of such shows ("Fort Boyard", "Qui veut gagner des Millions", "LOL qui rit so... | 91,286 | [
{
"answer_id": 91296,
"body": "<h2>It doesn’t matter who the winnings go to, they’re legitimate business expenses and therefore tax deductible</h2>\n<p>The prize money for these shows is a tax deductible business expense just like the salaries of the cast and crew, the hire of the studio, or the marketing a... | [
"tax-law",
"france",
"corporate-tax-laws"
] |
If we use a generative AI to generate original images, can we use these images in a product that we sell? | 20 | https://law.stackexchange.com/questions/90923/if-we-use-a-generative-ai-to-generate-original-images-can-we-use-these-images-i | CC BY-SA 4.0 | <p>Generative AI can create images. Assume that these images are totally original.</p>
<p>Would that mean that we would have the full rights to the images created by the AI? Could we use these images in a product that we sell?</p>
<p><strong>UPDATE</strong></p>
<p>"AI Art" is possible thanks to Latent Diffusi... | 90,923 | [
{
"answer_id": 90924,
"body": "<p>Per a decision of the US Copyright Office <a href=\"https://arstechnica.com/information-technology/2023/02/us-copyright-office-withdraws-copyright-for-ai-generated-comic-artwork/\" rel=\"noreferrer\">last month</a>, AI generated <em>images</em> are not subject to copyright.... | [
"copyright",
"product-liability",
"artificial-intelligence"
] |
Are there any countries where ex post facto amnesty laws are a thing? | 1 | https://law.stackexchange.com/questions/89308/are-there-any-countries-where-ex-post-facto-amnesty-laws-are-a-thing | CC BY-SA 4.0 | <p>laws that decriminalise acts and sentences that also retroactively free or reduce the sentances of convicts who commited various offences prior to the decriminalisation / sentance reduction</p>
| 89,308 | [
{
"answer_id": 89327,
"body": "<p><a href=\"https://www.cambridge.org/core/books/abs/commentary-on-the-international-covenant-on-civil-and-political-rights/article-15-retroactive-criminal-law/D8E5723F3C92C7B12ACE66C7ED606DF4\" rel=\"nofollow noreferrer\">Article 15</a> of the <a href=\"https://en.wikipedia.... | [
"criminal-law"
] |
Why do municipalities keep laws on the books that are invalid? | 6 | https://law.stackexchange.com/questions/717/why-do-municipalities-keep-laws-on-the-books-that-are-invalid | CC BY-SA 3.0 | <p>Why do some municipalities keep laws on the books that are not valid?</p>
<p>For example, what if municipal law violates state law (for example, due to the state law having preemption) -- is it up to the defendant / plaintiff to bring it up, or is the judge supposed to know such things?</p>
<p>Does it mean that yo... | 717 | [
{
"answer_id": 719,
"body": "<p>In broad terms, in a three pillar democracy, the job of the legislature is to make the law, the job of the executive is to enforce the law and the job of the courts is to interpret the law.</p>\n\n<p>The courts may find that a piece of legislation is invalid, either in whole ... | [
"united-states",
"lawyer",
"preemption"
] |
Why do some US States have a different age of consent for each gender? | 2 | https://law.stackexchange.com/questions/3528/why-do-some-us-states-have-a-different-age-of-consent-for-each-gender | CC BY-SA 4.0 | <p>Utah and 8 other US States have different ages of consent for each gender. Why is this?</p>
| 3,528 | [
{
"answer_id": 37706,
"body": "<p>Women can get pregnant, so men can be held to stricter rules:</p>\n\n<p>From <a href=\"https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States\" rel=\"noreferrer\">https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States</a></p>\n\n<blockquote>\n <p>Al... | [
"united-states",
"criminal-law",
"discrimination",
"age"
] |
What would constitute personal data? | -1 | https://law.stackexchange.com/questions/91271/what-would-constitute-personal-data | CC BY-SA 4.0 | <p>For example, would a name in the form first initial last name be considered personal data, considering this could apply to many people?</p>
<p>What about if we added in a hobby, perhaps that they watch football or like GTA. Would this make this personal data or would it still be generic enough to not be?</p>
<p>For ... | 91,271 | [
{
"answer_id": 91273,
"body": "<blockquote>\n<p>For example, would a name in the form first initial last name be considered personal data, considering this could apply to many people?</p>\n</blockquote>\n<p>Yes, it is. Your IP address could be used by a whole campus, there could be dozens of people living i... | [
"gdpr"
] |
Why are charges sealed until the defendant is arraigned? | 8 | https://law.stackexchange.com/questions/91232/why-are-charges-sealed-until-the-defendant-is-arraigned | CC BY-SA 4.0 | <p><a href="https://abcnews.go.com/US/live-updates/trump-indictment/?id=98310297" rel="noreferrer">The indictment against Trump is sealed until he's arraigned.</a></p>
<p>I am confident that the public (especially the legal community) is curious as to the exact charges.</p>
<p><strong>Why not release the charges to the... | 91,232 | [
{
"answer_id": 91248,
"body": "<p>In a normal case, it is not merely the contents of the indictment that are secret, but also the very fact that an indictment exists.</p>\n<p>This level of secrecy surrounding grand jury proceedings is a practice so old that it may be impossible to say with any certainty why... | [
"united-states",
"privacy",
"new-york-state",
"criminal-procedure",
"grand-jury"
] |
Are there potential legal considerations in the U.S. when two people work from the same home and use the same internet connection? | 13 | https://law.stackexchange.com/questions/91205/are-there-potential-legal-considerations-in-the-u-s-when-two-people-work-from-t | CC BY-SA 4.0 | <p>Consider the following scenario:</p>
<p>Person A is employed by a large company and has the usual "everything you do while employed by us is owned by us" in their employment contract.</p>
<p>Person B is self-employed and creates intellectual property (here let's assume software) in the natural course of th... | 91,205 | [
{
"answer_id": 91207,
"body": "<p>It is conceivable that A's employer would claim that the intellectual property was actually created by A in the course of their employment rather than B. That would be a question of fact for the lawsuit to determine.</p>\n<p>Realistically, assuming A and B both testify tha... | [
"united-states",
"intellectual-property",
"workplace"
] |
Why are Saudi men forbidden from marrying citizens of Chad, Myanmar, Bangladesh or Pakistan? | 0 | https://law.stackexchange.com/questions/91269/why-are-saudi-men-forbidden-from-marrying-citizens-of-chad-myanmar-bangladesh | CC BY-SA 4.0 | <p>Apparently these four countries are singled out in the law. What is specially significant about these four countries in relation to Saudi Arabia and specifically its Marriage laws?</p>
<p>The claim is made in a recent <a href="https://law.stackexchange.com/a/91266/48046">answer</a></p>
| 91,269 | [
{
"answer_id": 91272,
"body": "<p>According to the Wikipedia article I cited in the original answer, the reasoning for these countries is that Saudi Arabia has a high population of immigrants from those nations and prefers not to allow further immigrants entry through marriage.</p>\n",
"score": 1
}
] | [
"marriage",
"saudi-arabia"
] |
Did anti Miscegenation laws concern themselves either more with pairings of black men and white women, vice versa, or neither in particular? | 2 | https://law.stackexchange.com/questions/91263/did-anti-miscegenation-laws-concern-themselves-either-more-with-pairings-of-blac | CC BY-SA 4.0 | <p>I wonder which was more common in the era of those laws, and that in itself might be off topic, but as the laws of coverture treated men and women fundamentally differently, I am wondering if these laws were concerned more, either in their historical context or actual legal content, with either one type of interraci... | 91,263 | [
{
"answer_id": 91266,
"body": "<p>They existed in many other places. A quick read of Wikipedia identifies several countries in contemporaneous eras with the U.S. Laws where anti-miscegenation laws were enacted, including Australia (anti-aboriginal, repealed c. 1930s), South Africa (Repealed in 1985), India... | [
"legal-history",
"any-jurisdiction"
] |
Judgement for Possession when Tenant Vacated the Premises? | -1 | https://law.stackexchange.com/questions/91015/judgement-for-possession-when-tenant-vacated-the-premises | CC BY-SA 4.0 | <p>Under what circumstances can a judge issue a judgement for possession when a tenant vacated the premises prior to trial, returned the keys to landlord and made it clear that he no longer lives at the premises?</p>
<p>Does a judge hold a legal right to issue a judgement for possession in such circumstances?</p>
| 91,015 | [
{
"answer_id": 91111,
"body": "<p>There are multiple potential issues involved with an eviction. The primary interest here seems to be landlord repossession of the premise; there is also potentially collection of rents owed, and official termination of the tenancy. This identifies three landlord interests, ... | [
"united-states",
"landlord",
"tenant",
"civil-procedure",
"new-jersey"
] |
Why would Donald Trump be arrested? | 15 | https://law.stackexchange.com/questions/91203/why-would-donald-trump-be-arrested | CC BY-SA 4.0 | <p>The New York Times <a href="https://www.nytimes.com/2023/04/03/us/donald-trump-indicted-new-york.html" rel="noreferrer">writes:</a></p>
<blockquote>
<p>Donald J. Trump is preparing to walk into a Manhattan courtroom as both a defendant and a candidate, making final plans for his <strong>arrest</strong> on Tuesday [.... | 91,203 | [
{
"answer_id": 91204,
"body": "<p>An accused would be arrested for the purposes of <a href=\"https://nycourts.gov/courthelp/criminal/arraignments.shtml\" rel=\"noreferrer\"><em><strong>arraignment</strong></em></a> ("even a scheduled arrest is still an arrest"). That does not entail that the accus... | [
"criminal-law",
"new-york-state",
"arrest",
"indictment"
] |
What's the notice after the fixed term agreement has expired | 3 | https://law.stackexchange.com/questions/91264/whats-the-notice-after-the-fixed-term-agreement-has-expired | CC BY-SA 4.0 | <p>Property is in England. I have tenant who has given me their notice, they had a fixed term agreement that expired a few months ago they were looking to buy a house so we agreed they could just let it expire. Rather than doing for another whole year. The contract throughout said we both had to give two months notice,... | 91,264 | [
{
"answer_id": 91265,
"body": "<p>First review the existing contract for anything that specifies what happens at the end of the term. I have seen ones that switch to month to month, others automatically extend by a whole year.</p>\n<p>In the United states the rental law is done at the state level or even mo... | [
"united-kingdom",
"rental-property",
"landlord"
] |
could compelling someone to have sex with them with the threat of other harm be considered rape? | -4 | https://law.stackexchange.com/questions/89764/could-compelling-someone-to-have-sex-with-them-with-the-threat-of-other-harm-be | CC BY-SA 4.0 | <p>IPC section 375 states this</p>
<blockquote>
<p>A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or<br>
(b) inserts, to any extent, any object or a part of the body, not being the penis... | 89,764 | [
{
"answer_id": 89765,
"body": "<h2>It seems to be violating IPC §375</h2>\n<p>Having sex is only the first half of the check. The other is the enumerated list 1-7 that describes pretty much circumstances of no consent. Among them are</p>\n<blockquote>\n<p>(1) Against her will.<br>\n(2) Without her consent.<... | [
"india",
"indian-penal-code",
"rape"
] |
Does HIPAA protect against doctors giving prescriptions to pharmacists that you didn't approve? | 7 | https://law.stackexchange.com/questions/91244/does-hipaa-protect-against-doctors-giving-prescriptions-to-pharmacists-that-you | CC BY-SA 4.0 | <p>My doctor sent a prescription to a pharmacist his clinic had a relationship with. I didn't approve this transaction. Is it legal for him to share my prescription with a pharmacist I didn't approve? I gave him the name of the pharmacist I wanted to use, and they disregarded that. Is this a violation of HIPAA?</p>
| 91,244 | [
{
"answer_id": 91249,
"body": "<p>It is not a violation. <a href=\"https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E\" rel=\"nofollow noreferrer\">The privacy rule</a> requires that your personal medical information be kept "private", but your consent is not required... | [
"hipaa"
] |
Is there a law requiring a landlord to respond to rental agencies request for information in regards to previous tenants? | -2 | https://law.stackexchange.com/questions/91259/is-there-a-law-requiring-a-landlord-to-respond-to-rental-agencies-request-for-in | CC BY-SA 4.0 | <p>I have left a rental and have been trying for over 3 months to gain housing through other rental agencies (first and second month I was still at the property). The last place I have applied for notified me that the previous landlord isn't responding to any form of communication (call,text or email). This in turn is ... | 91,259 | [
{
"answer_id": 91260,
"body": "<blockquote>\n<p>Is there a law requiring a landlord to respond to rental agencies\nrequest for information in regards to previous tenants?</p>\n</blockquote>\n<p>No. There is no such law.</p>\n",
"score": 3
}
] | [
"united-states",
"rental-property",
"landlord",
"tennessee"
] |
what effects does a court recording it's reasons for a judgement ? (India) | -1 | https://law.stackexchange.com/questions/91220/what-effects-does-a-court-recording-its-reasons-for-a-judgement-india | CC BY-SA 4.0 | <p>when a court is required to record it's reasons for a decision , what effects does it have on future cases ?</p>
<p>CrPc 354https://indiankanoon.org/doc/1266667/</p>
<p>sepecifically</p>
<blockquote>
<p>When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or ... | 91,220 | [
{
"answer_id": 91258,
"body": "<p>It means that they have to provide reasons so an appellate court can review the decision. If they don't, the appellate court will remand the case for a statement or reasons before reconsidering the sentence on appeal.</p>\n",
"score": 1
}
] | [
"india"
] |
What laws govern the installation, monitoring etc of CCTV in a Californian business premises open to the public? | 1 | https://law.stackexchange.com/questions/91255/what-laws-govern-the-installation-monitoring-etc-of-cctv-in-a-californian-busin | CC BY-SA 4.0 | <p>Let's say the owner of a coffee shop in California would like to add some surveillance cameras inside the shop, and one or two around the font and back door.</p>
<p>What laws, regulations and ordinances are applicable in this scenario?</p>
| 91,255 | [
{
"answer_id": 91257,
"body": "<p>First, the camera can't be in a restroom, shower, or gym locker room. Second, they can't be placed in an employee private place, such as a break room. They can be in an employees-only work area, which is not a "public area". They are mandatory in a cannabis dispen... | [
"california",
"surveillance"
] |
Is Civil disobedience ever defensible in a court even if the laws are constitutional? | 2 | https://law.stackexchange.com/questions/91231/is-civil-disobedience-ever-defensible-in-a-court-even-if-the-laws-are-constituti | CC BY-SA 4.0 | <p>Has civil disobedience ever successfully been a defence in a court of law despite the accused's acts being completely unlawful and the law being constitutional ? what leads to a successful civil disobedience defence ?</p>
| 91,231 | [
{
"answer_id": 91251,
"body": "<p>There is not a civil disobedience defense in a court of law.</p>\n<p>When you engage in civil disobedience, you accept the fact that you may face criminal sanctions and do so anyway out of your commitment to the cause.</p>\n<p>A judge could take your civil disobedience moti... | [
"political"
] |
What is the legal implication of Twitter selling advertisements for marijuana that is still technically illegal in the USA? | 6 | https://law.stackexchange.com/questions/91234/what-is-the-legal-implication-of-twitter-selling-advertisements-for-marijuana-th | CC BY-SA 4.0 | <p>Twitter is allowing adds for cannaibis to run in states where it is legal; however it's still illegal federally regardless of state laws. I'm curious if it's legal to run ads for products that are (technically..) illegal in the locations the adds are running? Is twitter breaking any federal laws in doing so?</p>
<... | 91,234 | [
{
"answer_id": 91250,
"body": "<p>Federal laws prohibit false, deceptive, unfair etc. advertising, and there simply exists no federal law prohibiting advertising marijuana. Because of the First Amendment, there is no law prohibiting the advocacy of an illegal act. Because of the Commerce Clause, Congress co... | [
"united-states"
] |
Is it legal for a disability accomodation to inconvenience able-bodied people? | 8 | https://law.stackexchange.com/questions/91136/is-it-legal-for-a-disability-accomodation-to-inconvenience-able-bodied-people | CC BY-SA 4.0 | <p>About 10 people and I cycle to work and have to swipe a card on a post to get through the gates.</p>
<p>Now, someone in a wheelchair has started working here too, and because the post's position was impossible for her to reach, the landlord has moved the sensor to make it easier for her to swipe her card, which is f... | 91,136 | [
{
"answer_id": 91139,
"body": "<h2>Yes</h2>\n<p>Being disabled is a protected class under the Equality Act. being a cyclist isn’t. The landlord <em>has</em> to make reasonable accomodations for her, he doesn’t have to for you.</p>\n",
"score": 17
}
] | [
"united-states",
"england-and-wales",
"hypothetical",
"equal-protection",
"equality-act-2010"
] |
What would be considered as a true threat? | 2 | https://law.stackexchange.com/questions/31684/what-would-be-considered-as-a-true-threat | CC BY-SA 4.0 | <p><strong>What is considered to be as a true threat?</strong></p>
<p>Let's say that there is a person who said to someone else "You deserve to die... Watch your back, I'm coming for you." which becomes an issue in court.</p>
<p>On what grounds and argument would the Prosecution use to argue that this was a true thre... | 31,684 | [
{
"answer_id": 31714,
"body": "<p>The only meaningful discussion from the Supreme Court of what constitutes a \"true threat\" comes from <a href=\"https://caselaw.findlaw.com/us-supreme-court/537/465.html\" rel=\"nofollow noreferrer\"><em>Virginia v. Black</em>, 538 U.S. 343, 359 (2003)</a>: </p>\n\n<blockq... | [
"united-states",
"constitutional-law",
"freedom-of-speech",
"first-amendment",
"threats"
] |
GPL: distribute compiled binary | -1 | https://law.stackexchange.com/questions/91245/gpl-distribute-compiled-binary | CC BY-SA 4.0 | <p>Is it legal to modify GPL v3.0 content and distribute a binary of the remixed content without disclosing the modified source code?</p>
| 91,245 | [
{
"answer_id": 91247,
"body": "<p>The easiest way for you is to distribute source code and compiled code <em>together</em>. That way you have fulfilled all your GPL obligations and you have no requirement to do anything for anyone in the future.</p>\n<p>The alternative is to distribute the compiled code, to... | [
"software",
"open-source-software",
"gpl"
] |
What specific documents describe a US Postmaster's roles, responsibilities and the extent of their powers? | 0 | https://law.stackexchange.com/questions/91230/what-specific-documents-describe-a-us-postmasters-roles-responsibilities-and-t | CC BY-SA 4.0 | <p>In the United States, and more specifically, New York State (if it makes any difference), which set of publicly-available, written document(s) describe the exact nature and extent of a US Postal Service Postmaster's powers, duties and responsibilities?</p>
| 91,230 | [
{
"answer_id": 91241,
"body": "<p>The organization of the Postal Service is set forth in <a href=\"https://uscode.house.gov/browse/prelim@title39/part1/chapter2&edition=prelim\" rel=\"nofollow noreferrer\">Title 39 of the United States Code</a> and the U.S. Postmaster General's role in the U.S. Postal S... | [
"united-states",
"new-york-state",
"mail",
"postal-service"
] |
selling custom made jacket with other company logo on it, is that legal in CA? | 0 | https://law.stackexchange.com/questions/91225/selling-custom-made-jacket-with-other-company-logo-on-it-is-that-legal-in-ca | CC BY-SA 4.0 | <p>A trader buys an original brand jacket, adds some custom images and texts to the jacket, then sell it online with the original brand logo still on it. Is that legal?</p>
<p>I know that people sell custom print t-shirt online without the original logo though.</p>
<p><a href="https://i.stack.imgur.com/dzdru.jpg" rel="... | 91,225 | [
{
"answer_id": 91228,
"body": "<p>The <a href=\"https://en.wikipedia.org/wiki/First-sale_doctrine\" rel=\"nofollow noreferrer\">first-sale doctrine</a> says that someone who legally bought a trademarked product is permitted to use the trademark when later reselling that product to a 3rd party.</p>\n<p>Howev... | [
"copyright",
"california",
"trademark"
] |
Question about Whether and When a Leasing Contract is Legally Binding, and How Legal Actions Can Be Taken In The Event of Contract Breach | 0 | https://law.stackexchange.com/questions/91224/question-about-whether-and-when-a-leasing-contract-is-legally-binding-and-how-l | CC BY-SA 4.0 | <p><strong>Background</strong></p>
<p>I am a college student looking for housing, but a common problem my roommate and I have is confusion about how we are able to ensure that we won't be scammed when paying a security deposit. Most landlords that we find online ask us to send them an online payment urgently so that th... | 91,224 | [
{
"answer_id": 91240,
"body": "<p>The bigger problem than the enforceability of the legal documents you receive, on their face, is the authority of the person you are dealing with to take action on behalf of the property owner.</p>\n<p>A common scam these days is for someone pretending to be the property ow... | [
"contract-law",
"consumer-protection",
"fraud",
"landlord",
"deposit"
] |
Online sales tax assessment and enforcement in the USA | 0 | https://law.stackexchange.com/questions/91216/online-sales-tax-assessment-and-enforcement-in-the-usa | CC BY-SA 4.0 | <p>I want to know about the assessment of sales tax for online transactions in the USA (for states which collect such tax).</p>
<p>As I understand, sales taxes are assessed at multiple levels of government: district[s], city, county, and state. These 4 independent rates combine to establish the sales tax rate, which ap... | 91,216 | [
{
"answer_id": 91218,
"body": "<blockquote>\n<ol start=\"2\">\n<li>What authority oversees this process?</li>\n</ol>\n</blockquote>\n<blockquote>\n<ol start=\"6\">\n<li>What entity enforces compliance and hears consumer complaints?</li>\n</ol>\n</blockquote>\n<p>The state tax agency. They go by different na... | [
"united-states",
"tax-law"
] |
uk law, private prosecutions and the consent of the DPP | 2 | https://law.stackexchange.com/questions/91214/uk-law-private-prosecutions-and-the-consent-of-the-dpp | CC BY-SA 4.0 | <p>In the UK, suppose you are bringing a private prosecution against some individuals.</p>
<p>I believe that the person bringing the prosecution may terminate the case at any time.</p>
<p>However, if the (DPP) charges are serious enough, you have to obtain the consent of the Director of Prosecutions. Does this mean, in... | 91,214 | [
{
"answer_id": 91233,
"body": "<p>The Crown Prosecution Service can always take over a private prosecution, regardless of whether consent was needed at an earlier stage. So they could always force it to proceed, or to stop (subject to whatever judicial control is in play for the stage of the proceedings). T... | [
"united-kingdom",
"criminal-law"
] |
Where and how does intent factor in to murder? | 0 | https://law.stackexchange.com/questions/91200/where-and-how-does-intent-factor-in-to-murder | CC BY-SA 4.0 | <p>Given a fentanyl related death & murder charge: <a href="https://abcnews.go.com/US/suspect-arrested-connection-deaths-2-men-drugged-beaten/story?id=98308800" rel="nofollow noreferrer">https://abcnews.go.com/US/suspect-arrested-connection-deaths-2-men-drugged-beaten/story?id=98308800</a></p>
<p>Given that the su... | 91,200 | [
{
"answer_id": 91201,
"body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged 'canada'\" aria-label=\"show questions tagged 'canada'\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>The constitutional minimum <em>mens... | [
"murder",
"homicide"
] |
Why is the conviction rate in North America and Japan so high? | 15 | https://law.stackexchange.com/questions/91069/why-is-the-conviction-rate-in-north-america-and-japan-so-high | CC BY-SA 4.0 | <p>What causes the conviction rates in North America and Japan to be so high?
Are the cases usually strong where this happens? And what happens to weaker cases, do they result in an acquittal or do they generally not get cleared at all?</p>
<p><a href="https://en.wikipedia.org/wiki/Conviction_rate" rel="noreferrer">htt... | 91,069 | [
{
"answer_id": 91073,
"body": "<h2>Japan's justice system is sometimes called <a href=\"https://en.wikipedia.org/wiki/Hostage_justice\" rel=\"nofollow noreferrer\">hostage justice</a></h2>\n<p>In general, the Japanese justice system has a more than 99% conviction rate! In part, this is because the number of... | [
"united-states",
"criminal-law",
"japan"
] |
April Fools Day, Journalism, Liability, and Tort law. (U.S.) | 2 | https://law.stackexchange.com/questions/91160/april-fools-day-journalism-liability-and-tort-law-u-s | CC BY-SA 4.0 | <p>If a company or journalist known for publishing non-satirical news was to stray from their normal reporting on April fools day, and publish something like;</p>
<blockquote>
<p>"Amazon hit with ransomware, customer credit card information leaked on the dark web"</p>
</blockquote>
<p>And the body of the arti... | 91,160 | [
{
"answer_id": 91212,
"body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged 'united-states'\" aria-label=\"show questions tagged 'united-states'\" rel=\"tag\" aria-labelledby=\"tag-united-states-tooltip-container\">united-states</a></p>\n<p>... | [
"tort",
"damages",
"media"
] |
USA Public School Law. Is contract law somehow relevant? | 0 | https://law.stackexchange.com/questions/91199/usa-public-school-law-is-contract-law-somehow-relevant | CC BY-SA 4.0 | <p>I am trying to understand the main, basic tenets of USA public vs. private school law.</p>
<p>A question I have is whether or not the relationship between a student (/family) and a <strong>public</strong> school is somehow regulated by a contract, or under contract law. In the case it is, is there any interesting ca... | 91,199 | [
{
"answer_id": 91208,
"body": "<p>As a terminological matter, I assume that by "public school" you mean state-operated K-12 systems. As a part of the government, public schools cannot be sued unless the state has allowed a suit on such grounds. Issues such as negligence and violation of rights are... | [
"school-law"
] |
Are there any other ways to effect "responsibility to protect" without a UN security council approval? | 2 | https://law.stackexchange.com/questions/91181/are-there-any-other-ways-to-effect-responsibility-to-protect-without-a-un-secu | CC BY-SA 4.0 | <p>“Responsibility to protect” is a UN pledge against genocide, ethnic cleansing and crimes against humanity which allowed states to authorise force as a last resort against other states if those crimes aren't being prevented or are actively being done by a state. The UN security council has vetoed many resolutions ena... | 91,181 | [
{
"answer_id": 91188,
"body": "<p>The General Assembly can pass a resolution, and unlike Security Council resolutions, no nation has veto power. However, except in procedural matters where the resolution can bind the General Assembly, such resolutions are not binding on member states. They are considered to... | [
"international",
"treaty"
] |
Does insider trading exist for land or property assets? | 6 | https://law.stackexchange.com/questions/59683/does-insider-trading-exist-for-land-or-property-assets | CC BY-SA 4.0 | <p>Insider trading is defined as "the illegal practice of trading on the stock exchange to one's own advantage through having access to confidential information" and is illegal pretty much everywhere to make stock markets more fair.</p>
<p><strong>Are there similar restrictions for the trading of land or othe... | 59,683 | [
{
"answer_id": 59685,
"body": "<p>The terminology is different, but there are analogous concepts that aren't about shares in publicly traded companies. Jurisdictions generally have laws designed to resolve / prevent "conflict of interest". There is a <a href=\"https://apps.leg.wa.gov/rcw/default.a... | [
"business",
"property",
"insider-trading",
"investment"
] |
Can one appeal a moot judgement? | 3 | https://law.stackexchange.com/questions/91174/can-one-appeal-a-moot-judgement | CC BY-SA 4.0 | <p>Coming on the heels of <a href="https://law.stackexchange.com/questions/91015/judgement-for-possession-when-tenant-vacated-the-premises">this question</a>:</p>
<blockquote>
<p>It seems like the action for possession would be moot under these
circumstances, prohibiting the court from entering judgment.</p>
</blockquo... | 91,174 | [
{
"answer_id": 91179,
"body": "<h2>Yes, you can appeal</h2>\n<p>Deciding that an issue is moot is a matter of law. Issues of law are apealable.</p>\n<p>So, from your example, if the evidence showed that the tenant was still at the premises and, for whatever reason, the court misinterpreted or misunderstood ... | [
"united-states",
"civil-law",
"new-jersey",
"court-order"
] |
Can I get a passport from another country from IVF child | 2 | https://law.stackexchange.com/questions/91166/can-i-get-a-passport-from-another-country-from-ivf-child | CC BY-SA 4.0 | <p>My wife and I have a child from IVF from Shady Grove. We selected an embryo donor who is born in the US but her parents are from Europe, I think one is from France.</p>
<p>I was just curious, could we somehow get a European passport or residency from our child's biological mother?</p>
| 91,166 | [
{
"answer_id": 91168,
"body": "<p>Under your description, the embryo donor might have <a href=\"https://en.wikipedia.org/wiki/French_nationality_law\" rel=\"nofollow noreferrer\">French nationality</a>, since at least one of her parent was presumptively a French citizen, but since she was born in the US, it... | [
"immigration",
"passport"
] |
What crime am I comitting hot wiring a unprotected vehicle on a public area | -2 | https://law.stackexchange.com/questions/91173/what-crime-am-i-comitting-hot-wiring-a-unprotected-vehicle-on-a-public-area | CC BY-SA 4.0 | <p>Consider the following: On a construction site on a public road without any sort of barrier a very old dumper is sitting. It has absolutely no protection like requring an rfid chip from the key to be nearby to get started. The starter solenoid is freely accessible without any modification to the machine.</p>
<p>I am... | 91,173 | [
{
"answer_id": 91176,
"body": "<p><a href=\"/questions/tagged/colorado\" class=\"post-tag\" title=\"show questions tagged 'colorado'\" aria-label=\"show questions tagged 'colorado'\" rel=\"tag\" aria-labelledby=\"tag-colorado-tooltip-container\">colorado</a></p>\n<p>You have committed <a hre... | [
"common-law",
"trespassing"
] |
Is NY State Constitution Article VI Section 18 (a) Unconstitutional? | 1 | https://law.stackexchange.com/questions/17872/is-ny-state-constitution-article-vi-section-18-a-unconstitutional | CC BY-SA 4.0 | <p>NY State Constitution Article VI Section 18 (a) reads:</p>
<blockquote>
<p>[Trial by jury; trial without jury; claims against state] §18. a.
Trial by jury is guaranteed as provided in article one of this
constitution. The legislature may provide that in any court of
original jurisdiction a jury shall be composed of ... | 17,872 | [
{
"answer_id": 17888,
"body": "<p>The right to trial by jury in criminal cases by a unanimous jury of twelve under the 6th Amendment to the United States Constitution and some related rights are only <em>partially</em> incorporated to apply against states via the 14th Amendment due process clause. (The righ... | [
"criminal-law",
"constitutional-law",
"new-york-state",
"jury",
"sixth-amendment"
] |
Is it legal for a long truck to shut down traffic? | 26 | https://law.stackexchange.com/questions/91184/is-it-legal-for-a-long-truck-to-shut-down-traffic | CC BY-SA 4.0 | <p>I was killing time on YouTube the other day, and came across a video of a shipping company moving a very long girder to a construction site. There were several points in the move that they had to block all traffic through an intersection (with one of the chase cars) for a few minutes in order for the truck to be abl... | 91,184 | [
{
"answer_id": 91189,
"body": "<h2>Oversize transports are known beforehand and have special permits.</h2>\n<p>The <a href=\"https://ops.fhwa.dot.gov/freight/sw/permit_report/index.htm\" rel=\"noreferrer\">department of transportation/Federal Highway Administration</a> provides information for oversize and ... | [
"united-states",
"traffic"
] |
Foreigners Owning Land in Quebec, Canada | 3 | https://law.stackexchange.com/questions/91171/foreigners-owning-land-in-quebec-canada | CC BY-SA 4.0 | <p>I'm a foreigner(non-Canadian) living in Quebec, Canada. As per the law of Quebec, foreigners who wants to buy large field of land must apply for a permit, which allows them to own the land for three years, and after that, they must either become a PR/citizen to continue to own the land, or sell the land.</p>
<p>I ha... | 91,171 | [
{
"answer_id": 91177,
"body": "<h2>There are a number of preliminary steps in the <a href=\"https://www.legisquebec.gouv.qc.ca/en/document/cs/a-4.1\" rel=\"nofollow noreferrer\">law</a> but ultimately the government will sell the land for whatever they can get</h2>\n<p>All the details are in Division V Pena... | [
"canada",
"quebec"
] |
Is a lawyer required to discuss adjournment requests with a client before consenting? | 0 | https://law.stackexchange.com/questions/91149/is-a-lawyer-required-to-discuss-adjournment-requests-with-a-client-before-consen | CC BY-SA 4.0 | <p>If an attorney receives a request from opposing counsel to adjourn an upcoming hearing, (which would then be communicated to the court as a joint letter) does he need to consult with his client or can he consent to the adjournment request on his own?</p>
| 91,149 | [
{
"answer_id": 91150,
"body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged 'canada'\" aria-label=\"show questions tagged 'canada'\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>In Canada, the Codes of Professiona... | [
"united-states",
"new-york-state",
"professional-ethics",
"malpractice",
"attorney-client-relationship"
] |
Questions regarding lack of evidence/reasoning for initial interaction with law enforcement and how that affects any infraction discovered thereafter | -1 | https://law.stackexchange.com/questions/91159/questions-regarding-lack-of-evidence-reasoning-for-initial-interaction-with-law | CC BY-SA 4.0 | <p>State: UT</p>
<p>County: Salt Lake County</p>
<p>People:</p>
<p>Man#1=<em>Protagonist</em> <br />
Woman#1=<em>WitnessOne</em> (Life Partner) <br />
Woman#2=<em>WitnessTwo</em> (Friend) <br />
Woman#3=<em>Antagonist</em> (Fellow employee) <br />
Employer=<em>HotelChain</em></p>
<p>Events:</p>
<p>During a mutual separ... | 91,159 | [
{
"answer_id": 91161,
"body": "<p>Law enforcement does not need to secure signed testimony for their bases of action.</p>\n<p>Even anonymous tips can give an law enforcement officer “a particularized and objective basis for suspecting the particular person stopped of criminal activity.” <em>Navarette v. Cal... | [
"constitutional-law",
"evidence",
"rules-of-evidence",
"utah",
"admissibility"
] |
Difference between "illegal" and "unconstitutional" | 0 | https://law.stackexchange.com/questions/91165/difference-between-illegal-and-unconstitutional | CC BY-SA 4.0 | <p>For a layman, what is the difference between illegal and unconstitutional? These two words have been abused in several debates and political forums in the last two decades that they have been used interchangeably for sake of convenience.</p>
| 91,165 | [
{
"answer_id": 91167,
"body": "<h2>Illegal is violating the law</h2>\n<p>Because there is a law against something, it is illegal. For example, Murder is illegal because a law prohibits killing someone for any reason but self-defense.</p>\n<h2>Unconstitutional is a law that contradicts the constitution</h2>\... | [
"legal-terms"
] |
Drivers in the right lane must merge safely with traffic to the left | 0 | https://law.stackexchange.com/questions/91155/drivers-in-the-right-lane-must-merge-safely-with-traffic-to-the-left | CC BY-SA 4.0 | <p>If apassing lane is added to a highway to allow passing, then isn't it true that when approaching the end of the passing lane, drivers in the left lane must merge safely with traffic to the right instead of drivers in the right lane needing to merge safely with traffic to the left? And by the same token, isn't it tr... | 91,155 | [
{
"answer_id": 91164,
"body": "<h2>No, it isn’t true</h2>\n<p>To avoid the confusion that comes from whether traffic drives on the left or the right, I will refer to the outside lane (nearest the kerb) and the inside lane (nearest the middle).</p>\n<p>Across the world there are 2 ways of ending a passing la... | [
"canada",
"traffic",
"alberta"
] |
Why doesn’t the maxim of de minimis apply to shoplifting or other petty crimes, or does it? | 5 | https://law.stackexchange.com/questions/88368/why-doesn-t-the-maxim-of-de-minimis-apply-to-shoplifting-or-other-petty-crimes | CC BY-SA 4.0 | <p>If you steal a candy bar does de minimis apply? Why or why not? What’s about other forms of crime in general?</p>
| 88,368 | [
{
"answer_id": 88369,
"body": "<h2>Because it's a <a href=\"https://youtu.be/jl0hMfqNQ-g\" rel=\"nofollow noreferrer\">guideline, not a rule</a></h2>\n<p>It falls within the scope of prosecutorial (and judicial) discretion rather than being a law with force of its own. For shoplifting, a police officer is f... | [
"criminal-law",
"england-and-wales",
"any-jurisdiction"
] |
New York Convention contract | 0 | https://law.stackexchange.com/questions/91156/new-york-convention-contract | CC BY-SA 4.0 | <p>A person A from country M meets a person B from country N. The meeting takes place in a country O. All the three countries M, N, O are a member of the New York Convention.</p>
<p>Can people A and B sign a contract that is normally not allowed to sign according to the local laws of the country O, however such a contr... | 91,156 | [
{
"answer_id": 91157,
"body": "<blockquote>\n<p>Can people A and B sign a contract</p>\n</blockquote>\n<p>It occurs to me that you are actually asking whether the signed contract will be <strong>enforceable</strong>. As for <em>signing</em>, people can sign whatever — a wall, a piece of toilet paper, an ass... | [
"contract-law"
] |
Could a US state allow non-citizens to vote in presidential elections? | 23 | https://law.stackexchange.com/questions/54947/could-a-us-state-allow-non-citizens-to-vote-in-presidential-elections | CC BY-SA 4.0 | <p>On July 30th [2020], President Trump suggested in a tweet that the US presidential election should be delayed due to COVID impeding in-person voting. Every news article I've read since (<a href="https://www.vox.com/2020/3/21/21188152/trump-cancel-november-election-constitution-coronavirus-vote-by-mail" rel="nofollow... | 54,947 | [
{
"answer_id": 54952,
"body": "<p><strong>Yes, states could allow aliens to vote for President.</strong> As ohwilleke says, <em>the Constitution gives the states control over who can vote.</em> In fact, <strong>for much of our history, many states allowed aliens to vote.</strong> To the extent that <a href=... | [
"united-states",
"us-constitution",
"voting",
"elections"
] |
Hospital visitation rights and health-care decision-making authority in Maryland | 2 | https://law.stackexchange.com/questions/53743/hospital-visitation-rights-and-health-care-decision-making-authority-in-maryland | CC BY-SA 4.0 | <p>Suppose there is person A who lives in Maryland.</p>
<p>Person A has parents B and C.
Person A has sibling D.
Person A has spouse E.</p>
<p>Now, Suppose person A becomes medically incapacitated.</p>
<p><strong>Three Questions:</strong></p>
<ol>
<li>Can E block B, C and D from visiting A in the hospital?</li>
<li>Wha... | 53,743 | [
{
"answer_id": 53762,
"body": "<p>This is a valid question that comes up from time to time. The answer can be a bit fuzzy and the law on questions 1 and 2 is often not well spelled out. This answer refers only to U.S. legal history without much customization for Maryland in particular, so I may omit referen... | [
"maryland",
"proxy",
"medical"
] |
How do I share equity in a business run under my LLC? | 0 | https://law.stackexchange.com/questions/16292/how-do-i-share-equity-in-a-business-run-under-my-llc | CC BY-SA 3.0 | <p>There's a good chance I am thinking about this the wrong way but bear with me:</p>
<p>I am developing a service under my LLC. The service has nothing to do with the LLC so I'll file for a new DBA. I'd like to split the equity on the service 60/40 with a partner. </p>
<p>In my experience I have only ever split equi... | 16,292 | [
{
"answer_id": 16293,
"body": "<p><strong>Assumptions</strong></p>\n<p>While more specifics would be helpful, I think that I understand what you are asking and can give you at least a partial reply.</p>\n<p>You have an LLC that is engaged in two lines of business. For clarity of exposition I will call those... | [
"business",
"ownership"
] |
If the person named in an agreement is not the person who signed, is the agreement enforceable? | 0 | https://law.stackexchange.com/questions/46202/if-the-person-named-in-an-agreement-is-not-the-person-who-signed-is-the-agreeme | CC BY-SA 4.0 | <p>Here's a slight variation on this question: "<a href="https://law.stackexchange.com/questions/36062/if-two-spouses-are-named-in-an-agreement-but-only-one-signs-is-it-valid">If two spouses are named in an agreement but only one signs, is it valid?</a>"</p>
<p>In our case, I signed an agreement that <em>only</em> has... | 46,202 | [
{
"answer_id": 46207,
"body": "<h2>Probably</h2>\n\n<p>There are two relevant legal principles here:</p>\n\n<p><strong><a href=\"https://en.wikipedia.org/wiki/Apparent_authority\" rel=\"nofollow noreferrer\">Apparent authority</a></strong></p>\n\n<p>The legal question to be answered is if a reasonable perso... | [
"contract-law",
"colorado"
] |
Are DAs and other prosecutors prohibited from being defense attorneys, such as in a pro bono fashion? | 3 | https://law.stackexchange.com/questions/74244/are-das-and-other-prosecutors-prohibited-from-being-defense-attorneys-such-as-i | CC BY-SA 4.0 | <p>If you're a lawyer accepting a job at a DA's office or if you otherwise become a prosecutor, would you be prevented from privately representing clients as a criminal defense attorney? For example, could you ever do <em>pro bono</em> work for a client on your own time, or is such prohibited/strongly regulated for the... | 74,244 | [
{
"answer_id": 74249,
"body": "<p>Most prosecuting attorney positions in a District Attorney, or State Attorney General's office are full time salaries positions that prohibit individuals holding those positions from having any other legal employment. They are also, often, conceptually a division of state g... | [
"united-states",
"criminal-law",
"lawyer",
"criminal-procedure",
"prosecution"
] |
Kirtsaeng and books from the UK marked "not for sale in the U.S.A." | 2 | https://law.stackexchange.com/questions/18638/kirtsaeng-and-books-from-the-uk-marked-not-for-sale-in-the-u-s-a | CC BY-SA 3.0 | <p>Many older books printed for the UK market (most notably <em>The Great Gatsby</em>) had text on the back cover resembling the following:</p>
<blockquote>
<p>For copyright reasons this book is not for sale in the U.S.A.</p>
</blockquote>
<p>Under <a href="https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_... | 18,638 | [
{
"answer_id": 18676,
"body": "<p>When an author writes a book, it is frequently licensed to one company in the United States and another company in the U.K.</p>\n<p>If the publishing company Bathroom Books gets permission to print and sell the books pursuant to a license from the author in the U.S., that c... | [
"united-states",
"copyright",
"united-kingdom"
] |
Which money transfer method is better? | -1 | https://law.stackexchange.com/questions/27681/which-money-transfer-method-is-better | CC BY-SA 4.0 | <p>To send money to as an investor to a startup, is it better, for proof of transfer in a possible court case in case of dispute, to write and mail a check or wire directly through banks? If I use the former, is it advisable to notarize the check? All entities above are in the US.</p>
| 27,681 | [
{
"answer_id": 27686,
"body": "<h1>Short Answer</h1>\n<p>Any kind of check, and any wire transfer, provides effectively perfect, irrefutable proof in court that payment was made by you to the person who received it. One method is not meaningfully better than the other for that purpose.</p>\n<h1>Long Answer<... | [
"united-states",
"business",
"banking"
] |
Why don't Nordic countries have codes of private law? | 0 | https://law.stackexchange.com/questions/22889/why-dont-nordic-countries-have-codes-of-private-law | CC BY-SA 3.0 | <p>I'm aware that there are some major differences between Scandinavian law systems and other European systems, e.g., the fact that Roman Law had very little influence in Scandinavian countries. But why has the idea of a general civil code like the <em>BGB</em> or the <em>Code Civil</em> been rejected? Why resort to ca... | 22,889 | [
{
"answer_id": 22891,
"body": "<p>Sweden and most of the other Scandinavian countries once had a civil code based upon the <a href=\"https://en.wikipedia.org/wiki/Civil_Code_of_1734\" rel=\"nofollow noreferrer\">Civil Code of 1734</a>.</p>\n<p>Generally speaking, this code is in turn derived from the <a hre... | [
"european-union",
"legal-history",
"comparative-law",
"civil-legal-system"
] |
Can I get a generic name trademarked? | 1 | https://law.stackexchange.com/questions/17332/can-i-get-a-generic-name-trademarked | CC BY-SA 3.0 | <p><a href="http://www.mbbp.com/news/generic-trademark" rel="nofollow noreferrer">This article</a> (and my knowledge about trademarks) says Generic Names can't be trademarked. So my question is about the genericity of a name and the probability of getting it trademarked.</p>
<p>I own a generic domain name with <code>.... | 17,332 | [
{
"answer_id": 17334,
"body": "<ol>\n<li><p>Yes. You can build your business with that.</p>\n</li>\n<li><p>Yes. Also, a trademark is not a trade name and vice versa. This is a common mistake. A trademark is a brand affixed to some kind of product. A trade name is the name of a business. They are not the sam... | [
"trademark"
] |
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