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 |
|---|---|---|---|---|---|---|---|
When does a warning become a threat? | 5 | https://law.stackexchange.com/questions/48334/when-does-a-warning-become-a-threat | CC BY-SA 4.0 | <p>The other day while on a vacation I drove past a property and saw a sign that read</p>
<blockquote>
<p>Trespassers Will Be Shot On Sight</p>
</blockquote>
<p>I've never seen a sign such as that, I was a little taken back. After some research, it turns out that this type of warning sign is total legal (<a href="https... | 48,334 | [
{
"answer_id": 48342,
"body": "<p>A warning is arguably often a form of threat (and vice versa). The words are close synonyms. A threat, however, is usually used only in connection with an action that has some sort of human (or at least, AI) agency, while a warning often made to alert someone to a mere natu... | [
"united-states",
"criminal-law",
"florida"
] |
In the United States, what is the threshold for "originality" in order to have copyright protection? | 9 | https://law.stackexchange.com/questions/87627/in-the-united-states-what-is-the-threshold-for-originality-in-order-to-have-c | CC BY-SA 4.0 | <p>In the United States, what is the threshold for "originality" in order to have copyright protection?</p>
<p><a href="https://www.copyright.gov/title17/92chap1.html#102" rel="noreferrer">17 U.S.C. § 102</a> says that copyright protection subsists "in original works of authorship...". How original ... | 87,627 | [
{
"answer_id": 87628,
"body": "<h3>Originality requires independent creation plus a <em>modicum of creativity</em></h3>\n<p>This was answered in <em>Feist Publications, Inc. v. Rural Telephone Service Co.</em>, Inc., <a href=\"https://supreme.justia.com/cases/federal/us/499/340/\" rel=\"nofollow noreferrer\... | [
"united-states",
"copyright"
] |
in whose favour does literal construction or plain meaning rule usually work? | 0 | https://law.stackexchange.com/questions/91130/in-whose-favour-does-literal-construction-or-plain-meaning-rule-usually-work | CC BY-SA 4.0 | <p>It has been said that this rule of statutory interpretation is the most neutral rule in that the legislative intent isn't considered and therefore the role of courts is restricted to impartial judgements rather than taking the side of the lawmakers. but is this necessarily true? and is rule of lenity compatible with... | 91,130 | [
{
"answer_id": 91131,
"body": "<p>Language-based principles of statutory interpretation work in favor of those who seek to exercise their freedom of choice within the confines of objectively-defined law. The basic principle is that laws should state clearly what is prohibited, and what the consequence of vi... | [
"interpretation"
] |
(Salinas v Texas) v (Miranda v Arizona) | 3 | https://law.stackexchange.com/questions/91137/salinas-v-texas-v-miranda-v-arizona | CC BY-SA 4.0 | <p>I've seen a lot recently on this site discussing <a href="https://supreme.justia.com/cases/federal/us/570/178/#tab-opinion-3898747" rel="nofollow noreferrer">Salinas v Texas</a>. Did this 2013 case effectively roll back some of the protections of <a href="https://en.wikipedia.org/wiki/Miranda_v._Arizona" rel="nofoll... | 91,137 | [
{
"answer_id": 91138,
"body": "<p><em>Salinas</em> describes <em>Miranda</em>:</p>\n<blockquote>\n<p>we have held that a witness’ failure to invoke the privilege must be excused <strong>where governmental coercion</strong> makes his forfeiture of the privilege involuntary. Thus, in <em>Miranda</em>, we said... | [
"miranda-warning"
] |
When does name-calling become slanderous? | 2 | https://law.stackexchange.com/questions/90974/when-does-name-calling-become-slanderous | CC BY-SA 4.0 | <p>Usually, the difference between ordinary insults/name-calling and actionable slander is taken to be that non-actionable insults are either subjective statements that can't unambiguously be determined to be true or false (for instance, "Ronald is an asshole") or else statements that, while objectively false... | 90,974 | [
{
"answer_id": 90975,
"body": "<p>An insult can be slanderous when it is reasonably understood to constitute a statement of an actual, presently existing fact about a person, as opposed to being purely figurative or clearly hyperbole <em>in the context in which it is used.</em></p>\n<p>A purely literal read... | [
"united-states",
"england-and-wales",
"any-jurisdiction",
"slander"
] |
Is this fraud in Victoria? | 2 | https://law.stackexchange.com/questions/91126/is-this-fraud-in-victoria | CC BY-SA 4.0 | <p>A person knocked my neighbours house, an old lady who has been living there for many years. The person was a draughtsman representing the owner of an adjacent property.</p>
<p>He claimed that he was designing some town houses for the adjacent property and asked for permission to remove a tree on the old ladies prope... | 91,126 | [
{
"answer_id": 91134,
"body": "<h2>Dishonesty is a required element of fraud in all Australian jurisdictions</h2>\n<p>Being wrong is not the same as being dishonest. So, absent evidence that the person knew the tree was incorrectly shown and knowingly used that to achieve their objective, this isn’t fraud.<... | [
"real-estate",
"fraud",
"australia",
"victoria"
] |
Defendant compensation after not guilty verdict | 4 | https://law.stackexchange.com/questions/23506/defendant-compensation-after-not-guilty-verdict | CC BY-SA 3.0 | <p>My friend is currently a defendant in a criminal case. In my opinion, based on what I know about the case, it's likely the verdict will be 'Not Guilty', and that the evidence is based on faulty testimony. There has been no physical evidence. I'd like to give details, but as an ongoing case, AND due to the nature of ... | 23,506 | [
{
"answer_id": 23508,
"body": "<p>Anyone found not guilty may apply to the judge to have his legal costs paid out of central funds; this is not automatic, but is usual if the court agrees that the charges should not have been brought. The amount payable is set out <a href=\"https://www.gov.uk/guidance/claim... | [
"criminal-law",
"united-kingdom",
"compensation"
] |
State Prosecutorial Power | 3 | https://law.stackexchange.com/questions/89950/state-prosecutorial-power | CC BY-SA 4.0 | <p>According to <em>Article 5 Section 21 of the Texas Constitution</em> & <em>Chapter 20 of the Code of Criminal Procedure</em> says, "a "city attorney" is not a public officer; He is not granted "state prosecutorial power" & there should be no confusion, as for even the legislature CAN... | 89,950 | [
{
"answer_id": 89956,
"body": "<p>The authorities cited mean that the city attorney can't prosecute cases arising under state criminal laws.</p>\n<p>Cases in municipal court are prosecuted under municipal ordinances rather than state criminal laws, in the name of the city, rather than the People of the Sta... | [
"texas",
"rules-of-court",
"municipal-bylaws"
] |
Who (if anyone) would be liable for public "exhibitionism" in this situation? | 2 | https://law.stackexchange.com/questions/91129/who-if-anyone-would-be-liable-for-public-exhibitionism-in-this-situation | CC BY-SA 4.0 | <p>I remember watching a TV show many years ago where young female models were competing to see who would win (Australia's Top Model)?</p>
<p>Anyway, the show isn't that relevant. However, there was a scene where the models had to undress outside for a photo shoot. There happened to be a few (all male) construction wor... | 91,129 | [
{
"answer_id": 91135,
"body": "<p><a href=\"/questions/tagged/switzerland\" class=\"post-tag\" title=\"show questions tagged 'switzerland'\" aria-label=\"show questions tagged 'switzerland'\" rel=\"tag\" aria-labelledby=\"tag-switzerland-tooltip-container\">switzerland</a> <a href=\"/questio... | [
"minor",
"sexual-offences",
"theory-of-law"
] |
If the police ask you a question, what response can you make that can't be used as evidence against you? | 1 | https://law.stackexchange.com/questions/90900/if-the-police-ask-you-a-question-what-response-can-you-make-that-cant-be-used | CC BY-SA 4.0 | <p>For one reason or another, a police officer has just asked you a question, and you've wisely decided not to provide any response that could be used against you in court. What can you say or do that will not be used against you?</p>
<p>It's often thought that "you have the right to remain silent," and so if... | 90,900 | [
{
"answer_id": 91132,
"body": "<p>This may not be the answer that you're looking for, but my mother always told me the best way to take control of a conversation is to ask a question.</p>\n<p>Am I under investigation?\nDid you just try and interrogate me without reading me my Miranda Rights?\nI'm not contra... | [
"united-states",
"police",
"fifth-amendment",
"never-talk-to-police"
] |
Is the term "commercial purposes" defined in Indian law? | 4 | https://law.stackexchange.com/questions/91108/is-the-term-commercial-purposes-defined-in-indian-law | CC BY-SA 4.0 | <p>For example in various laws related purchase of machinery and consumer rights , Intelectual property / patent or in extreme cases <em>pornography</em> or the term "for commercial purpose" is used. has this been defined ? the laws I skimmed through haven't defined this so far. but someone said that even s... | 91,108 | [
{
"answer_id": 91110,
"body": "<p>No. "Commercial Purposes" is not defined by statute, but it is by case law and rests on the particular circumstances in each case:</p>\n<blockquote>\n<p>In the case of <em>Laxmi Engineering Works vs. P.S.G Industrial Institute</em>, <strong>the Supreme Court held ... | [
"legal-terms",
"india",
"definition"
] |
Can Twitter demand from GitHub information about users who downloaded leaked source code? | 1 | https://law.stackexchange.com/questions/91127/can-twitter-demand-from-github-information-about-users-who-downloaded-leaked-sou | CC BY-SA 4.0 | <p>Parts of Twitter source codes were leaked and published on GitHub. <a href="https://www.courtlistener.com/docket/67091763/twitter-inc-v-github-inc/" rel="nofollow noreferrer">Twitter asked court</a> to issue subpoena to compel GitHub to reveal "all identifying information" of the user who published it. How... | 91,127 | [
{
"answer_id": 91128,
"body": "<p>The legal ground is to identify infringers of their copyright. Copyright law prohibits unauthorized copying, and Twitter alleges that there was unauthorized copying, which included downloading. They have a legal right to file legal actions against any and all infringers, an... | [
"united-states",
"copyright"
] |
What is "18 C.J.S., Copyright and Literary Property, § 113"? | 4 | https://law.stackexchange.com/questions/91123/what-is-18-c-j-s-copyright-and-literary-property-113 | CC BY-SA 4.0 | <p>I am working on a research paper on copyright, and I was reading <a href="https://law.justia.com/cases/federal/district-courts/FSupp/44/480/1875376/" rel="nofollow noreferrer">O'Rourke vs. RKO Radio Pictures</a>. It cites "18 C.J.S., Copyright and Literary Property, § 113". What is it citing?</p>
| 91,123 | [
{
"answer_id": 91125,
"body": "<p><a href=\"https://en.wikipedia.org/wiki/Corpus_Juris_Secundum\" rel=\"noreferrer\">Corpus Juris Secundum</a>, available <a href=\"https://store.legal.thomsonreuters.com/law-products/Legal-Encyclopedias/Corpus-Juris-Secundumreg/p/100001060\" rel=\"noreferrer\">here</a> for a... | [
"copyright",
"intellectual-property",
"legal-research",
"legal-citation"
] |
When does a POA for Medical Come become effective | 1 | https://law.stackexchange.com/questions/91117/when-does-a-poa-for-medical-come-become-effective | CC BY-SA 4.0 | <p>Imagine a mother has given her adult son a POA for medical when she cannot speak for herself. After some time, she has dementia and needs to go to the emergency room. In the emergency room it is determined that she cannot make a rational decision about her health care. It is also determined that she is not a danger ... | 91,117 | [
{
"answer_id": 91122,
"body": "<p>It would seem that the scenario you describe is the exact purpose of the document.</p>\n<p>But, there may be specific requirements that are needed to become effective. In my personal and recent experience, two letters from people "licensed to practice medicine" a... | [
"united-states",
"medical",
"new-jersey"
] |
Does creating an unpaid event poster for a commercial event constitute commercial use? | 1 | https://law.stackexchange.com/questions/33590/does-creating-an-unpaid-event-poster-for-a-commercial-event-constitute-commercia | CC BY-SA 4.0 | <p>Licenses of artworks or stock photos often state that they are free for non-commercial use.</p>
<p>Assume I create a poster for an event. I do not sell the poster, but the event is commercial (has an entry fee. or sells drinks. or something like that). Am I then allowed to use that stock photo?</p>
<p>For example,... | 33,590 | [
{
"answer_id": 33597,
"body": "<p><em>Commercial</em> means related to commerce and <em>commerce</em> means the activity of buying and selling. Advertising material for a commercial event is itself commercial. If the licence restriction is for non-commercial use only then you are outside the licence. Howeve... | [
"copyright",
"intellectual-property",
"licensing",
"switzerland"
] |
what are the provisions in India's law that deal with interpretation of statutes? | 0 | https://law.stackexchange.com/questions/91100/what-are-the-provisions-in-indias-law-that-deal-with-interpretation-of-statutes | CC BY-SA 4.0 | <p>There's a wide body of laws I've skimmed through -- such as Indian penal code, code of criminal procedure and Indian evidence act -- but none seem to have any provisions relating to rules of interpretation used by courts. The case law on this appears to be mostly persuasive rather than binding. Does this mean it's ... | 91,100 | [
{
"answer_id": 91102,
"body": "<p>Some interpretive statutes are found in the national <a href=\"https://www.indiacode.nic.in/handle/123456789/2328?view_type=browse&sam_handle=123456789/1362\" rel=\"nofollow noreferrer\">General Clauses Act (1897)</a> and parallel state acts. Most of the rest is found i... | [
"india",
"interpretation",
"statutes"
] |
Is the saying that "cops can use anything you say against you" overstated or understated? | 13 | https://law.stackexchange.com/questions/90853/is-the-saying-that-cops-can-use-anything-you-say-against-you-overstated-or-und | CC BY-SA 4.0 | <p>Is everything one says to a cop in the course of an enquiry really admissable as evidence against them? Even if they deny allegations? Why is that?</p>
| 90,853 | [
{
"answer_id": 90860,
"body": "<p>It is somewhat understated, because your silence can also be used against you. In <a href=\"https://supreme.justia.com/cases/federal/us/570/178/#tab-opinion-1970708\" rel=\"nofollow noreferrer\">Salinas v. Texas</a>, defendant Salinas was "just talking" to police,... | [
"evidence",
"criminal-procedure",
"fifth-amendment",
"never-talk-to-police",
"miranda-warning"
] |
Is Apple's private relay feature illegal in Colombia and South Africa, and if so, why? | 0 | https://law.stackexchange.com/questions/66615/is-apples-private-relay-feature-illegal-in-colombia-and-south-africa-and-if-so | CC BY-SA 4.0 | <p><a href="https://www.theguardian.com/technology/2021/jun/08/apple-private-relay-feature-to-be-withheld-in-china" rel="nofollow noreferrer">Apple has announced a new browsing feature</a> designed to hide a user's browsing from others.</p>
<p>The article linked above said the feature is banned in:</p>
<p><em>China, Sa... | 66,615 | [
{
"answer_id": 66625,
"body": "<h2>These rights are not unrestricted</h2>\n<p>s36 says:</p>\n<blockquote>\n<ol start=\"36\">\n<li>(1) The rights in the Bill of Rights may be limited only in terms of law of general\napplication to the extent that the limitation is reasonable and justifiable in an open\nand d... | [
"privacy",
"constitutional-law",
"south-africa",
"communications-law"
] |
Would a political poster implying that a politician will be killed by angry citizens constitute a legally-actionable threat under U.S. law? | -3 | https://law.stackexchange.com/questions/91112/would-a-political-poster-implying-that-a-politician-will-be-killed-by-angry-citi | CC BY-SA 4.0 | <p>In the U.S., freedom of speech <a href="https://law.stackexchange.com/q/31684/12499">does not extend to serious threats to cause harm to another</a>.</p>
<p>Don and Ron are two reactionary politicians. One election season, John, who hates reactionaries with a passion, creates two political posters:</p>
<ul>
<li>The... | 91,112 | [
{
"answer_id": 91114,
"body": "<p>Neither of the posters in question would constitute a "<a href=\"https://en.wikipedia.org/wiki/True_threat\" rel=\"nofollow noreferrer\">true threat</a>" which can be subjected to legal sanctions consistent with the First Amendment. The nature of the communication... | [
"united-states",
"freedom-of-speech",
"politics",
"threats"
] |
Can a child sue their parents? | 0 | https://law.stackexchange.com/questions/78556/can-a-child-sue-their-parents | CC BY-SA 4.0 | <p><sup>this is a theoretical question I am asking to satisfy my curiosity; hopefully this will never need to be useful for somebody</sup></p>
<p>Say a child is facing lots of abuse at home, or have parents who discriminate against them for being LGBTQ or is disabled. Could in theory, if the child had enough money and ... | 78,556 | [
{
"answer_id": 78558,
"body": "<p>Minor children can, in theory, sue their parents, in many countries, as long as they can prove a cognizable harm. The simplest case is where a parent commits a crime against the child, such as rape; this would also include embezzlement. "Abuse" is a term used in l... | [
"minor",
"children",
"parental-rights"
] |
are there any jurisdictions around the world where courts having discretion not only for sentancing but also for pradons and parole? | -1 | https://law.stackexchange.com/questions/91031/are-there-any-jurisdictions-around-the-world-where-courts-having-discretion-not | CC BY-SA 4.0 | <p>various UN tribunals for warcrimes and genocide have this but I haven't seen this in any other country where they have broad discretion like this. would this be against the principle of seperation of powers ? since pardoning and sentancing is something traditionally associated with legislature and executive powers</... | 91,031 | [
{
"answer_id": 91034,
"body": "<p><strong>Pardons and paroles are different things, usually.</strong></p>\n<p>A parole is the recognition that society is best served if the convict spends the remaining sentence outside prison.</p>\n<p>It is an important legal principle that people can only be imprisoned for... | [
"sentencing"
] |
Possible and likely court actions in case of non-payment of child support | 1 | https://law.stackexchange.com/questions/24262/possible-and-likely-court-actions-in-case-of-non-payment-of-child-support | CC BY-SA 4.0 | <p>What can a court (in Georgia) do if a parent does not pay the child support that is mandated by the court decree that ended the marriage? What do courts usually do in such a situation? Is the court response likely to be different if it is the mother rather than the father that owes the child support?</p>
| 24,262 | [
{
"answer_id": 24264,
"body": "<p>The court itself will do little unless there is imminent danger to the child. You are mostly responsible for finding a lawyer to file a court order, or getting other legal aid to do that, or taking actions that you can do yourself, like applying for wage and bank garnishmen... | [
"divorce",
"children",
"georgia"
] |
Can direct payments around the court harm a divorce case? | 3 | https://law.stackexchange.com/questions/29959/can-direct-payments-around-the-court-harm-a-divorce-case | CC BY-SA 4.0 | <p>During a divorce proceeding the court ordered the father to pay 1xxx a month in child support through the court/state supervision arrangement.</p>
<p>The mother is living away from the father with the child. However, the father is refusing to pay via the court and has not paid anything yet. It's been over a month.<... | 29,959 | [
{
"answer_id": 30208,
"body": "<p><em>Disclaimer: I don't know the specific regulations of New Jersey, so this mostly describes the general practise in the United States. However, it seems the rules are roughly similar in all states.</em></p>\n\n<blockquote>\n <p>During a divorce proceeding the court order... | [
"court",
"family-law",
"children",
"new-jersey",
"payment"
] |
What is the legality of "known" harmful actions while pregnant? | 15 | https://law.stackexchange.com/questions/86164/what-is-the-legality-of-known-harmful-actions-while-pregnant | CC BY-SA 4.0 | <p>There are lots of things that are generally accepted as harmful to a developing fetus, such as drinking alcohol, lots of caffeine, smoking, etc.</p>
<p>Would a pregnant woman who did something known to cause harm to the fetus be open to being charged with assault or something similar?</p>
<p>For example, suppose a w... | 86,164 | [
{
"answer_id": 86168,
"body": "<p>Yes or no, depending. The question is investigated in <a href=\"https://jamanetwork.com/journals/jama/fullarticle/196295\" rel=\"nofollow noreferrer\">"The Status of Pregnant Women and Fetuses in US Criminal Law"</a> (JAMA), which collects 23 opinion in US jurisdi... | [
"united-states",
"criminal-law",
"children"
] |
Is anyone currently in jail/prison as the result of a private prosecution in the USA? | 5 | https://law.stackexchange.com/questions/70559/is-anyone-currently-in-jail-prison-as-the-result-of-a-private-prosecution-in-the | CC BY-SA 4.0 | <p>Private prosecutions are extremely rare but not completely disappeared in the US, and persist in a few states. I want to get a sense of just how rare they are.</p>
<p>Is there anyone currently in jail/prison as a result of a private prosecution in one of the states which allow them? If not, when was the last time ... | 70,559 | [
{
"answer_id": 70594,
"body": "<p>New Jersey, Pennsylvania, Rhode Island and Virginia <a href=\"https://en.wikipedia.org/wiki/Private_prosecution#United_States\" rel=\"nofollow noreferrer\">still allow private prosecutions</a> that can result in incarceration. See also a state by state summary <a href=\"htt... | [
"united-states",
"criminal-law",
"prosecution"
] |
Can multiple separate plaintiffs participate in one small claims case against one defendant? | 2 | https://law.stackexchange.com/questions/91094/can-multiple-separate-plaintiffs-participate-in-one-small-claims-case-against-on | CC BY-SA 4.0 | <p>I'm friends with a small group of people (4 or so) who have been scammed ($500-$3000 each) by a vendor. If they want to try to recover damages in small claims court, would they be able to be plaintiffs on the same case, or would they have to file cases separately?</p>
| 91,094 | [
{
"answer_id": 91095,
"body": "<p>It isn't explicitly prohibited so long as <a href=\"https://www.tjctc.org/SRL/small-claim-plaintiff.html\" rel=\"nofollow noreferrer\">the amount claimed is in the aggregate less than $20,000</a>. But, it would probably be better to file separately.</p>\n<p>First, very simp... | [
"texas",
"small-claims-court"
] |
Can the conduct of a victim after the act has occured have any bearing on the guilt of the accused? | 8 | https://law.stackexchange.com/questions/91062/can-the-conduct-of-a-victim-after-the-act-has-occured-have-any-bearing-on-the-gu | CC BY-SA 4.0 | <p>Suppose someone causes grievous injury or harm to someone but the victim and accused later on reconcile voluntarily. Can the accused still be prosecuted for the act? Specifically in jurisdictions where states can take cognizance of an offence without a complaint, like in Malaysia, Singapore or India/Pakistan/Banglad... | 91,062 | [
{
"answer_id": 91066,
"body": "<p><a href=\"/questions/tagged/england-and-wales\" class=\"post-tag\" title=\"show questions tagged 'england-and-wales'\" aria-label=\"show questions tagged 'england-and-wales'\" rel=\"tag\" aria-labelledby=\"tag-england-and-wales-tooltip-container\">england-an... | [
"criminal-law"
] |
Why mustn't a criminal prosecution case be disclosed? | 1 | https://law.stackexchange.com/questions/85346/why-mustnt-a-criminal-prosecution-case-be-disclosed | CC BY-SA 4.0 | <p>Meet Bob. Bob was prosecuted for an alleged criminal offence. His solicitor has sent him his prosecution briefing, which reads:</p>
<blockquote>
<p>THIS PRINTOUT IS PRODUCED FOR THE USE OF THE COURT, DEFENCE AND PROBATION
SERVICE ONLY AND MUST NOT BE DISCLOSED TO ANY OTHER PARTY</p>
</blockquote>
<p>What is the reas... | 85,346 | [
{
"answer_id": 85349,
"body": "<p>As explained <a href=\"https://inforrm.org/2017/02/02/spent-convictions-in-the-law-of-privacy-and-data-protection-part-1-aidan-wills/\" rel=\"nofollow noreferrer\">here</a>, this arises from the <a href=\"https://www.legislation.gov.uk/ukpga/1974/53\" rel=\"nofollow norefer... | [
"criminal-law",
"england-and-wales"
] |
Subsequent violation for late paychecks in California | 0 | https://law.stackexchange.com/questions/91083/subsequent-violation-for-late-paychecks-in-california | CC BY-SA 4.0 | <p>Due to a paperwork error, a California employer stops issuing paychecks, and this isn't observed for five months (while the employee's work proceeds). At the time the employee informs the employer of the error, ten $1000 bimonthly paychecks have been missed, for a total of $10,000 in missing wages.</p>
<p>From <a hr... | 91,083 | [
{
"answer_id": 91085,
"body": "<p>Item 10 from the link you referenced appears to me to answer your question:</p>\n<blockquote>\n<ol start=\"10\">\n<li>When does the higher penalty for subsequent violations apply?</li>\n</ol>\n</blockquote>\n<blockquote>\n<p>The higher penalty for subsequent violations will... | [
"california",
"employment",
"payment"
] |
Time of delivery no later on | -4 | https://law.stackexchange.com/questions/91079/time-of-delivery-no-later-on | CC BY-SA 4.0 | <p>I asked a friend to translate my sales contract to English. Here's the original:</p>
<p>"Thời gian giao hàng không trễ hơn: 30 ngày" which means the time of delivery should not be later than 30 days.</p>
<p>But here's my friend's translated version:</p>
<p>"Time of delivery no later on: 30 days"<... | 91,079 | [
{
"answer_id": 91080,
"body": "<blockquote>\n<p>Why did he use no later on rather than later than? Is it a mistake?</p>\n</blockquote>\n<p>This is obviously a translation mistake. The phrase "no later on" is ambiguous because it doesn't have a clearly understood meaning, and is not proper English.... | [
"contract-law",
"international",
"sale-of-goods"
] |
Recording conversations | 2 | https://law.stackexchange.com/questions/91068/recording-conversations | CC BY-SA 4.0 | <p><a href="/questions/tagged/france" class="post-tag" title="show questions tagged 'france'" aria-label="show questions tagged 'france'" rel="tag" aria-labelledby="tag-france-tooltip-container">france</a></p>
<p>How and when is it legal to a) record someone without their awareness and/or consent, b) br... | 91,068 | [
{
"answer_id": 91076,
"body": "<p><a href=\"/questions/tagged/france\" class=\"post-tag\" title=\"show questions tagged 'france'\" aria-label=\"show questions tagged 'france'\" rel=\"tag\" aria-labelledby=\"tag-france-tooltip-container\">france</a></p>\n<p>According to <a href=\"https://reco... | [
"france"
] |
Does S5(5A), Housing Act 1988 have any effect on typical PRS tenancies? | 1 | https://law.stackexchange.com/questions/91049/does-s55a-housing-act-1988-have-any-effect-on-typical-prs-tenancies | CC BY-SA 4.0 | <p><a href="https://www.legislation.gov.uk/ukpga/1988/50/section/5#commentary-c18757661" rel="nofollow noreferrer">S5(5A),</a> Housing Act 1988 refers to rights "of pre-emption":</p>
<blockquote>
<p>(5A)Nothing in subsection (5) affects any right of pre-emption—</p>
<p>(a)which is exercisable by the landlord ... | 91,049 | [
{
"answer_id": 91063,
"body": "<p>Subsection 5(5A) was inserted by section 222 of the Housing Act 2004, and the <a href=\"https://www.legislation.gov.uk/ukpga/2004/34/notes/division/6/6/37\" rel=\"nofollow noreferrer\">explanatory notes</a> provide an explanation of its purpose:</p>\n<blockquote>\n<p>Sectio... | [
"england-and-wales",
"assured-shorthold-tenancy"
] |
Do cats have a "right to roam" in the UK? | 24 | https://law.stackexchange.com/questions/91028/do-cats-have-a-right-to-roam-in-the-uk | CC BY-SA 4.0 | <p>I've seen <a href="https://www.iibinsurance.co.uk/company-news/can-cat-found-guilty-trespass" rel="noreferrer">numerous sources</a>, including <a href="https://www.rspca.org.uk/documents/1494939/7712578/CAT_adviceondeterringcats.pdf" rel="noreferrer">the RSPCA</a>, making claims along the lines that cats in the UK h... | 91,028 | [
{
"answer_id": 91043,
"body": "<p>The statement that cats cannot commit trespass is technically true, but is also a misreading of ss.4 and 4A of the Animals Act. Those sections replace a common-law doctrine called "cattle trespass", which was a specific tort (a civil wrong) concerning what happens... | [
"england-and-wales",
"liability"
] |
Can a periodic tenant unilaterally lower his rent, with binding effect if the landlord does not properly appeal the notice within 3 months? | 2 | https://law.stackexchange.com/questions/91051/can-a-periodic-tenant-unilaterally-lower-his-rent-with-binding-effect-if-the-la | CC BY-SA 4.0 | <p><a href="https://www.legislation.gov.uk/ukpga/1988/50/section/6" rel="nofollow noreferrer">Section 6</a>, HA1988 provides:</p>
<blockquote>
<p>(2)Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, <strong>or the tenant may serve on the la... | 91,051 | [
{
"answer_id": 91065,
"body": "<p>Yes.</p>\n<p>The prescribed form - Form 1 on the <a href=\"https://www.gov.uk/guidance/assured-tenancy-forms\" rel=\"nofollow noreferrer\">official list of such documents</a>, entitled "Notice proposing different terms for a Statutory Periodic Tenancy" - makes cle... | [
"england-and-wales",
"rent",
"assured-shorthold-tenancy"
] |
Does punishing someone illegally for their wrongdoing forfeit the right to seek compensation? | 2 | https://law.stackexchange.com/questions/90869/does-punishing-someone-illegally-for-their-wrongdoing-forfeit-the-right-to-seek | CC BY-SA 4.0 | <p>Jim the Bicycler, unfortunately, can sometimes be rather reckless. And as a result of his reckless cycling he hit Joe the Pedestrian, then fled. There is no doubt that Jim is fully responsible for the collision.</p>
<p>Joe had been carrying his laptop and some expensive, yet fragile jewelry he had wanted to give to ... | 90,869 | [
{
"answer_id": 90885,
"body": "<h2>Joe can sue Jim</h2>\n<p>And Jim can sue Joe.</p>\n<p>Just because Joe is a tortfeasor (assault) against Jim doesn't change the fact that Jim is a tortfeasor (negligence) against Joe.</p>\n",
"score": 2
}
] | [
"damages",
"assault",
"hypothetical"
] |
Child with a different last name from the biological father | 1 | https://law.stackexchange.com/questions/85625/child-with-a-different-last-name-from-the-biological-father | CC BY-SA 4.0 | <p>The Mother M and the father F conceive a child C. F leaves M and leaves the country before the birth of C. Subsequently, M marries a different person, H. A paternity test shows that F is the biological father.</p>
<p>Under US law, under which conditions would the last name of H be listed on the birth certificate? Do... | 85,625 | [
{
"answer_id": 85645,
"body": "<p>Under US law, there is no requirement for a child to have the same last name as the legal father, the biological father, or the mother. Initially the last name is specified on the birth certificate, often taken from the name of the listed father, but that is not required. B... | [
"united-states",
"children",
"birth-certificate"
] |
What if persons involved in the accident with the same Insurance company? | 2 | https://law.stackexchange.com/questions/37590/what-if-persons-involved-in-the-accident-with-the-same-insurance-company | CC BY-SA 4.0 | <p>I really don't know how to ask this question properly, but this is my situation. Last week, a car rear-ended me while I was waiting to make a left turn, because there was oncoming traffic. It was just my luck that he and I are with the same insurance company, Progressive. I thought since we both are insured by the s... | 37,590 | [
{
"answer_id": 37597,
"body": "<p>You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is much the same as if the other person is uninsured or under insured. Your ... | [
"insurance",
"damages",
"accident"
] |
Legal Liability for mentally infirm | 3 | https://law.stackexchange.com/questions/34072/legal-liability-for-mentally-infirm | CC BY-SA 4.0 | <p>This is a fictionalized question to help me understand an element of liability I stumbled across recently. My parents are not infirm and do not live with me.</p>
<p>I am well past the age of majority. One of my parents has diminished mental capacity and lives with me on a large property I own. My parent does not dr... | 34,072 | [
{
"answer_id": 34083,
"body": "<p>There’s a lot going on in this question.</p>\n\n<ol>\n<li>Insurance doesn’t matter for liability. An insurer indemnifies the insured for damage they cause to other people (third-party personal insurance), other people’s stuff (third-party property insurance) or the insured’... | [
"liability",
"mental-health"
] |
Can a child release his own work into e.g. the public domain? | 8 | https://law.stackexchange.com/questions/51834/can-a-child-release-his-own-work-into-e-g-the-public-domain | CC BY-SA 4.0 | <p>I (15 years old; living in Germany) write software now for ~four years and wondered whether I can release it into the public domain or under some free software license without having to ask somebody. I know that I have to ask my parents for many legal acts and that my father's employer (he is a professional softwar... | 51,834 | [
{
"answer_id": 51836,
"body": "<p>In Germany, there is no concept that corresponds directly to public domain. You automatically hold the Urheberrecht (~ copyright) for all creative works that you make, and it can't be given up or transferred (§29 UrhG). The work only enters the Gemeinfreiheit (~public domai... | [
"copyright",
"germany",
"open-source-software",
"minor"
] |
What should you do if an officer leaves a traffic stop? | 0 | https://law.stackexchange.com/questions/91054/what-should-you-do-if-an-officer-leaves-a-traffic-stop | CC BY-SA 4.0 | <p>This might be a bit of a TV trope, but I think it happens in reality as well. Suppose an officer pulls someone over for a traffic infraction and starts talking to the person about why they were pulled over. Suddenly, a much more urgent call comes out over the officer's radio, and the officer speeds off in their crui... | 91,054 | [
{
"answer_id": 91061,
"body": "<p>It takes the officer seconds to say "stay here" or "you can leave". It's more likely that the motorist misheard.</p>\n<p>Call 911 from your cell phone or nearest phone and ask for instructions. The call taker can contact dispatch who can raise the office... | [
"united-states",
"police",
"traffic",
"oregon"
] |
Does a destroyed file allow for an expungement? | 1 | https://law.stackexchange.com/questions/40462/does-a-destroyed-file-allow-for-an-expungement | CC BY-SA 4.0 | <p>A person goes to the courts to requests a record of their criminal misdemeanor court case from over 15 years ago that ended in a <em>Nolle Prosse</em>. The courts respond that they destroyed "the file". But the docket is partially visible online. </p>
<ul>
<li>If the courts can not produce the record of a case, doe... | 40,462 | [
{
"answer_id": 55921,
"body": "<p>Short answer: No. If a court destroys the criminal file due to age, the defendant's criminal record lives on in law enforcement databases, be it local, state, or federal. In San Diego, the Superior Court records are open to inspection. Court case files are public records an... | [
"united-states",
"court-records",
"expungement"
] |
are all ex post facto laws or retroactive laws unconstitutional? | 1 | https://law.stackexchange.com/questions/91057/are-all-ex-post-facto-laws-or-retroactive-laws-unconstitutional | CC BY-SA 4.0 | <p>in India and America the respective constitutions have a prohibition against (in India its article 20).
would all kinds of retroactive laws be unconstitutional ?
for example amnesty laws that provide for early release and removal of mandatory minimum nature of sentance or laws making people serving a minimum sentanc... | 91,057 | [
{
"answer_id": 91059,
"body": "<p>All <em>ex post facto</em> laws are unconstitutional in the United States. But, not all retroactive laws are unconstitutional in the United States.</p>\n<p>An <em>ex post facto</em> law is basically a law that retroactively makes conduct illegal or punishes it more severely... | [
"criminal-law"
] |
What is a "Night Court"? | 22 | https://law.stackexchange.com/questions/89480/what-is-a-night-court | CC BY-SA 4.0 | <p>In the fictional TV comedy "Night Court" (both the <a href="https://www.imdb.com/title/tt0086770/" rel="noreferrer">original</a> and the <a href="https://www.imdb.com/title/tt13798316/" rel="noreferrer">recent remake</a>), the court is described as an "Arraignment Court", which I understood shoul... | 89,480 | [
{
"answer_id": 89489,
"body": "<p>A "night court" is simply a court that operates outside the ordinary business hours for the convenience of people who have work during those hours. They aren't common and are mostly found in medium sized and large cities.</p>\n<p>A "night court" can do w... | [
"law-in-fiction",
"arraignment"
] |
Can a computer program agree to Terms of Service? | 10 | https://law.stackexchange.com/questions/91004/can-a-computer-program-agree-to-terms-of-service | CC BY-SA 4.0 | <p>Most service providers have Terms of Service that people or entities need to agree to before legally using their services. On another question I had, arguments were made that you needed to be a person to agree to the TOS. But this doesn't seem right as corporations can agree to TOS and they are not people. I figured... | 91,004 | [
{
"answer_id": 91006,
"body": "<h2>Other Entities means <a href=\"https://en.wikipedia.org/wiki/Legal_person\" rel=\"noreferrer\">Legal Person</a></h2>\n<blockquote>\n<p>The reason for the term "legal person" is that some legal persons are not people: companies and corporations are "persons&q... | [
"legal-terms",
"terms-of-service"
] |
is after the fact consent ever possible or a defence? | 0 | https://law.stackexchange.com/questions/91013/is-after-the-fact-consent-ever-possible-or-a-defence | CC BY-SA 4.0 | <p>Are there any Jurisdictions around the world that allow for consent to be after the fact ? or is there defences that allow for consent obtained after an act to be a defence (as in the accuser or victim clearly being permissive or even indulgive in an act)</p>
| 91,013 | [
{
"answer_id": 91017,
"body": "<p>Where consent is required for some act to be lawful, the consent is required before or at the time of the act.</p>\n<p>Typically, consent does not need to be express, but can be implied by conduct.</p>\n<p>It's unclear what "consent after the fact" means. Presumab... | [
"jurisdiction"
] |
Is an "anti-copyright" notice legally significant? | 4 | https://law.stackexchange.com/questions/91021/is-an-anti-copyright-notice-legally-significant | CC BY-SA 4.0 | <p>I found a picture of a record sleeve for an album independently released in New Zealand, and on the back it says "Anti-copyright (band name) 1986".
There is a wikipedia page for "anti-copyright notices" but that feels far too modern (and the examples are more positive/direct directions to reprodu... | 91,021 | [
{
"answer_id": 91025,
"body": "<p>In some jurisdictions it is impossible to completely waive the copyright to a work one created. And one could make the legal argument that the term "Anti-copyright" under a work is probably too vague and ambiguous to hold legal weight or that it should be interpre... | [
"copyright",
"music",
"new-zealand"
] |
Can one rightfully sue Stack Overflow for a suspension? | -2 | https://law.stackexchange.com/questions/82481/can-one-rightfully-sue-stack-overflow-for-a-suspension | CC BY-SA 4.0 | <p>If someone gets suspended or banned from stackoverflow in a way where it can be shown that no violation of the terms of service were broken, is that sufficient grounds for a lawsuit?</p>
<p>SO could be a financial source of income etc., and it might be considered false advertising on their part, but maybe not.</p>
| 82,481 | [
{
"answer_id": 82482,
"body": "<p>If you have a contract with another party, you can in principle sue them for damages if they breach the contract. Since you mentioned Stackoverflow, we would look at that contract, <a href=\"https://stackoverflow.com/legal/terms-of-service\">here</a>. There is a bunch of st... | [
"contract-law"
] |
Is a police chief charging me again for same cause of action previously dismissed selective prosecution? | 1 | https://law.stackexchange.com/questions/91039/is-a-police-chief-charging-me-again-for-same-cause-of-action-previously-dismisse | CC BY-SA 4.0 | <p>I live in a smal TX town (<850 people), with one policeman and a chief overseen by mayor and town council, where there is a 250ft rule for no livestock within city limits & an exemption noted for children as part of FFA, 4H, etc.</p>
<p>Our daughter is 15, and belongs to multiple qualifying youth organization... | 91,039 | [
{
"answer_id": 91044,
"body": "<p>Selective prosecution is when a defendant (1) is charged with a crime based on conduct that others are generally not prosecuted for; and (2) is singled out for an impermissible reason, such as race, religion, or First Amendment-protected speech. <a href=\"https://casetext.c... | [
"criminal-law",
"texas",
"civil-rights",
"equal-protection",
"res-judicata"
] |
Is it necessary to audibly announce a copyright notice when using music licensed under Creative Commons Attribution? | 5 | https://law.stackexchange.com/questions/19773/is-it-necessary-to-audibly-announce-a-copyright-notice-when-using-music-licensed | CC BY-SA 3.0 | <p>I would like to use music licensed under <a href="https://creativecommons.org/licenses/by/3.0/legalcode" rel="noreferrer">Creative Commons Attribution 3.0 Unported (CC BY 3.0)</a> as on-hold music; however, the only way to provide attribution would be to announce a copyright notice prior to playing the song. That's... | 19,773 | [
{
"answer_id": 19782,
"body": "<p>You have to give attribution by the terms of the license. If that is the only way then that is the way you must do it.</p>\n",
"score": 2
},
{
"answer_id": 91027,
"body": "<p>If you distribute music files in one of many standard formats, it is often possible... | [
"copyright",
"creative-commons",
"music",
"attribution"
] |
Can the conduct of victim have an effect on the guilt of the accused? | 1 | https://law.stackexchange.com/questions/89614/can-the-conduct-of-victim-have-an-effect-on-the-guilt-of-the-accused | CC BY-SA 4.0 | <p>Are there any such cases where the conduct of victim can justify or at least cause a not guilty verdict? Or, is it a general rule that non-criminal conduct of victim cannot justify the actions of the accused in a trial?</p>
| 89,614 | [
{
"answer_id": 89616,
"body": "<p>Your question is very broad, but yes, there innumerable ways that the actions of a victim/complainant can result in a not-guilty verdict. I'll list some.</p>\n<ol>\n<li><p>Contemporaneous consent to contact. If the victim/complainant consented to the contact, then the offen... | [
"criminal-law"
] |
Can a child be a contract killer? | 23 | https://law.stackexchange.com/questions/88190/can-a-child-be-a-contract-killer | CC BY-SA 4.0 | <p>Various jurisdictions including <a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/FullText.html" rel="noreferrer">Canada</a>, <a href="https://www.legislation.gov.uk/ukpga/Geo5/23-24/12/section/50?view=extent" rel="noreferrer">England and Wales</a> and <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=9A.04... | 88,190 | [
{
"answer_id": 88194,
"body": "<p>In <a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged 'germany'\" aria-label=\"show questions tagged 'germany'\" rel=\"tag\" aria-labelledby=\"germany-container\">germany</a>, a child below the age of 14 cannot be guilty o... | [
"canada",
"hypothetical",
"juvenile-law"
] |
what does "force" and "criminal force" apply to in Indian Penal Code? | 0 | https://law.stackexchange.com/questions/90989/what-does-force-and-criminal-force-apply-to-in-indian-penal-code | CC BY-SA 4.0 | <p>how is "force" interpreted in <a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=389" rel="nofollow noreferrer">section 349</a> Indian Penal Code?</p>
<blockquote>
<p>Force.—A person is said to use force to another if he causes motion, change of motion,... | 90,989 | [
{
"answer_id": 91020,
"body": "<p><strong>Can someone pointing an object which they might not bring into contact with them but which still distresses them count as force or assault?</strong></p>\n<p>This would be an assault, contrary to <a href=\"https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_0003... | [
"criminal-law",
"legal-terms",
"india",
"assault",
"indian-penal-code"
] |
Ensuring Worldwide Legal Compliance for an App | -2 | https://law.stackexchange.com/questions/90834/ensuring-worldwide-legal-compliance-for-an-app | CC BY-SA 4.0 | <p>When selling an app, developers need to meet the legal requirements of each country in which they sell the app.</p>
<p>In practice, this seems like an impossible task because there are so many different countries and laws. However, many developers publish their apps worldwide.</p>
<p>Do developers have any protectio... | 90,834 | [
{
"answer_id": 91019,
"body": "<h2>No</h2>\n<p>Developers either know the law or take the risk.</p>\n",
"score": 1
}
] | [
"internet",
"software",
"international",
"regulations"
] |
Landlord Picks Lock & Enter Premises Without a Judgment for Possession? | 1 | https://law.stackexchange.com/questions/90334/landlord-picks-lock-enter-premises-without-a-judgment-for-possession | CC BY-SA 4.0 | <p>If a landlord enters residential premises without receiving a judgment for possession and without the presence of a Special Civil Part Officer what recourse does the tenant have USA?</p>
<p>Can they be charged with trespassing?</p>
<p>Illegal lockout? Does one file a complaint in Special Civil Court or with the poli... | 90,334 | [
{
"answer_id": 90335,
"body": "<p><a href=\"/questions/tagged/british-columbia\" class=\"post-tag\" title=\"show questions tagged 'british-columbia'\" aria-label=\"show questions tagged 'british-columbia'\" rel=\"tag\" aria-labelledby=\"tag-british-columbia-tooltip-container\">british-columb... | [
"civil-law",
"landlord",
"tenant",
"court"
] |
Can I legally include a line break in my child's name? | 60 | https://law.stackexchange.com/questions/85325/can-i-legally-include-a-line-break-in-my-childs-name | CC BY-SA 4.0 | <p>Ethics aside, is it legal (or even possible) to include a line break (newline) in my child's name? Preferably at the end of the child's first name, directly after the last letter. So instead of (for example) the name "John Doe", the name would always be written out "John<br /> Doe". And then when... | 85,325 | [
{
"answer_id": 85330,
"body": "<p>In the US, any legal restrictions on names are implemented at the state level——although broad administrative restrictions exist on the federal level. Some states may restrict use of diacritics (ubiquitous in Vietnamese) or Arabic numerals (but not Roman numerals). At the ot... | [
"name",
"birth-certificate"
] |
I'm writing a book and ask for help on Worldbuilding Stack Exchange. Does my book become CC-BY-SA because I used an answer from WB.SE? | 7 | https://law.stackexchange.com/questions/77912/im-writing-a-book-and-ask-for-help-on-worldbuilding-stack-exchange-does-my-boo | CC BY-SA 4.0 | <p>The following question is similar to <a href="https://law.stackexchange.com/q/32483/12916">If I include an unmodified CC-BY-SA work in a book, does the whole book have to be CC-BY-SA?</a>, but there is a contextual difference I believe is unique enough to ask a new question. If I am wrong, please mark this question ... | 77,912 | [
{
"answer_id": 77923,
"body": "<h2>Placing a work which uses idea suggested in a Stack Exchange post under a CC-BY-SA license is not required</h2>\n<p>Copyright law is clear: copyright does not in any case protect an idea or a method of achieving a result. In the US <a href=\"https://www.copyright.gov/title... | [
"copyright",
"creative-commons"
] |
Stopping a warrantless police search? | 17 | https://law.stackexchange.com/questions/90968/stopping-a-warrantless-police-search | CC BY-SA 4.0 | <p>In general, how much can a person do to stop a warrantless search beyond verbally refusing consent? Is there anything further that can be done to prevent the search in the first place or make legal action after the fact more likely to prevail?</p>
<p>Most of the results I get to searches relate to what officers can... | 90,968 | [
{
"answer_id": 90969,
"body": "<ol>\n<li><p>Don't consent.</p>\n</li>\n<li><p>Say so (ideally in a well documented way, like on video).</p>\n</li>\n<li><p>Challenge the fruits of any unlawful search after the fact in a suppression hearing, or in a civil rights lawsuit.</p>\n</li>\n</ol>\n<p>There is a decen... | [
"united-states",
"search-and-seizure",
"hypothetical",
"warrant"
] |
Do (any) US State Governors have legal authority to preemptively pardon persons of a state crime? | 1 | https://law.stackexchange.com/questions/21688/do-any-us-state-governors-have-legal-authority-to-preemptively-pardon-persons | CC BY-SA 3.0 | <p>As I understand it, the President of the United States is empowered to pardon a person prior to being charged with a federal crime. I further understand that State Governors have the power (under their specific state Constitution) to grant pardons. However, what I don't know is if any states have empowered their gov... | 21,688 | [
{
"answer_id": 21702,
"body": "<h1>Twenty States Allow Pre-Conviction Pardons</h1>\n<p>The default rule is that states follows the federal rule that a crime can be pardoned any time after it is committed, but cannot be pardoned before it is committed.</p>\n<p>It appears that this is the rule in 20 U.S. stat... | [
"united-states",
"pardon"
] |
Computer Misuse Act 1990 - Definition of unauthorised | 1 | https://law.stackexchange.com/questions/90992/computer-misuse-act-1990-definition-of-unauthorised | CC BY-SA 4.0 | <p>My question is: What does "Unauthorised" mean? The legislation claims that it means not having "Consent" to access the system - does this refer to implicit or explicit? For example, would sending a username and password be considered consent, or would a contract be required? This is more focussed... | 90,992 | [
{
"answer_id": 90997,
"body": "<p>To answer the headline question, <em>unauthorised</em> is defined by <a href=\"https://www.legislation.gov.uk/ukpga/1990/18/section/17?timeline=false\" rel=\"nofollow noreferrer\">Section 17(8)</a>, Computer Misuse Act 1990 which states:</p>\n<blockquote>\n<p>An act done in... | [
"criminal-law",
"england-and-wales",
"computer-misuse-act"
] |
Statement of Economic Interests for website | 0 | https://law.stackexchange.com/questions/90998/statement-of-economic-interests-for-website | CC BY-SA 4.0 | <p>I have purchased a Domain name and am planning to build a website for the domain name. I have not published a website yet. I have not received any funds for building the website or business. I also have not formed a business entity. I live and work in California. Here is my question:</p>
<p>I am employed by a govern... | 90,998 | [
{
"answer_id": 91007,
"body": "<p>It depends on one's particular circumstances, as merely being employed by a government organisation isn't enough on its own to warrant a Statement of Economic Interests (Form 700).</p>\n<p>As an example of what those circumstances may be, this from LA County's <a href=\"htt... | [
"california",
"conflict-of-interest",
"disclosure"
] |
Ship of Theseus paradox for developers | 7 | https://law.stackexchange.com/questions/9139/ship-of-theseus-paradox-for-developers | CC BY-SA 4.0 | <p>Suppose you are employed as a software developer. You work in a business where you code a lot of components. During this period, you also work as a freelancer to earn extra cash.</p>
<p>These freelance jobs may require some of the same code as you write for your day job.</p>
<p>The question: When are you allowed to ... | 9,139 | [
{
"answer_id": 90993,
"body": "<p>It really comes down to the licensing of the code, the context of what you built, how you built it and when something is built.</p>\n<p>Think about it like this. If you used your previous jobs resources (like a company laptop). Then they can claim anything produced on that ... | [
"copyright",
"software",
"employment"
] |
Does due process require that the grounds for a conviction can be substantiated? | -5 | https://law.stackexchange.com/questions/90947/does-due-process-require-that-the-grounds-for-a-conviction-can-be-substantiated | CC BY-SA 4.0 | <p><strong>Update 1</strong>:</p>
<p>This question pertains specifically to law in the United States of America, more specifically criminal law. However, I reason it may be applicable to the law of other lands.</p>
<p><strong>Update 2</strong>:</p>
<p>The relevant part of proceedings of which I am imagining the motion ... | 90,947 | [
{
"answer_id": 90963,
"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>... | [
"motion",
"acquittal"
] |
How should the parenthesised components of statute names be pronounced? | 4 | https://law.stackexchange.com/questions/90932/how-should-the-parenthesised-components-of-statute-names-be-pronounced | CC BY-SA 4.0 | <p>For instance, consider the</p>
<blockquote>
<p>Housing (tenancy deposits) (prescribed information) order 2007</p>
</blockquote>
<p>(Which reads quite naturally just strung sequentially together).</p>
<p>Or the</p>
<blockquote>
<p>Torts (interference with goods) act 1977</p>
</blockquote>
<p>Which is more troublesome... | 90,932 | [
{
"answer_id": 90970,
"body": "<h2>Legally, nothing</h2>\n<p>Grammatically they mean what parenthesis always mean, that the parenthesised words are less important i.e. parenthetical.</p>\n<p>Organisationally they serve to group legislation together. This is particularly common in regulations and other subor... | [
"united-kingdom",
"parliament",
"naming-conventions"
] |
Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city? | 4 | https://law.stackexchange.com/questions/90985/do-atheistic-men-have-the-right-to-cover-their-heads-though-not-faces-with-hij | CC BY-SA 4.0 | <p>In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken (<a href="https://ecbawm.com/wp-content/uploads/2020/11/ClarkSettlement.pdf" rel="nofollow noreferrer">https://ecbawm.... | 90,985 | [
{
"answer_id": 90991,
"body": "<p>The <a href=\"https://casetext.com/case/clark-v-city-of-ny-14\" rel=\"nofollow noreferrer\">order</a> certifying the class action and <a href=\"https://casetext.com/case/clark-v-city-of-new-york-8\" rel=\"nofollow noreferrer\">the ruling</a> provide circumstantial details t... | [
"privacy",
"first-amendment",
"arrest",
"fourteenth-amendment",
"equal-protection"
] |
Why aren't programming languages infringing IEEE's POSIX trademark? | 3 | https://law.stackexchange.com/questions/90982/why-arent-programming-languages-infringing-ieees-posix-trademark | CC BY-SA 4.0 | <p>POSIX is a standard for operating system API, trademarked by IEEE. It ensures "source-code" level compatibility between operating systems and applications. It receives triple designation and its full text can be obtained from IEEE, ISO, and OpenGroup.</p>
<p>For logical reasons, many programming languages ... | 90,982 | [
{
"answer_id": 90987,
"body": "<p>A caveat to begin with: It's not definitive whether this particular use is or is not infringing, given that the circumstances haven't been tested in court.</p>\n<p>The usual scope for this kind of thing is called "nominative use" or "nominative fair use"... | [
"trademark"
] |
Is it legal to use a VPN to buy things at a lower price? | 13 | https://law.stackexchange.com/questions/64326/is-it-legal-to-use-a-vpn-to-buy-things-at-a-lower-price | CC BY-SA 4.0 | <p>I have seen VPN companies and their sponsees openly advertise the fact that VPNs can be used to change the apparent country you are connected from, and pay lower rates for certain products and services, e.g., subscriptions on video streaming websites.</p>
<p>I am aware of <a href="https://law.stackexchange.com/quest... | 64,326 | [
{
"answer_id": 64333,
"body": "<p>I know the OP is asking about America, but its also worth knowing about other countries.</p>\n<p><a href=\"https://ec.europa.eu/digital-single-market/en/cross-border-portability-online-content-services\" rel=\"noreferrer\">This is legal</a> if both subscriber and subscripti... | [
"united-states",
"internet",
"payment"
] |
What is the difference between the terms defendant and Respondent? | 4 | https://law.stackexchange.com/questions/90958/what-is-the-difference-between-the-terms-defendant-and-respondent | CC BY-SA 4.0 | <p>It seems that there is perhaps a trend toward less adversarial terminology, so I wonder if it is that defendant was a more traditional term used exclusively historically, while Respondent has now begun to be used in some contexts as a reflection of this trend toward less adversarial terminology.</p>
<p>Is this at al... | 90,958 | [
{
"answer_id": 90959,
"body": "<p><em>Defendant</em> is normally used as the opposing party to a <em>plaintiff</em>, in a civil cause of action. It also refers to the accused in a criminal matter.</p>\n<p><em>Respondent</em> is normally used as the responding party to an <em>applicant</em>, in motions, in c... | [
"england-and-wales",
"legal-terms"
] |
what does "abetment" mean within the context of Prevention of corruption act 2018 (India)? | 1 | https://law.stackexchange.com/questions/89755/what-does-abetment-mean-within-the-context-of-prevention-of-corruption-act-201 | CC BY-SA 4.0 | <p>Section 12 of the Act only states that abetment of any offence in the act is also an offence and is punisbable. Bribing is a separate crime within the act but then what does abetment mean in the context of this law then ? can encouraging someone to take or give bribes be considered abetment ?</p>
| 89,755 | [
{
"answer_id": 89757,
"body": "<p>Abetment is to <a href=\"https://legal-dictionary.thefreedictionary.com/abetment\" rel=\"nofollow noreferrer\">abet</a></p>\n<blockquote>\n<p>To encourage or incite another to commit a crime. This word is usually applied to aiding in the commission of a crime. To abet anoth... | [
"india"
] |
Reduce risk of large child support payments for life | -4 | https://law.stackexchange.com/questions/90983/reduce-risk-of-large-child-support-payments-for-life | CC BY-SA 4.0 | <p>Lets say hypothetically there is a man and a women. The man makes a relatively high income and is involved romantically with the women.</p>
<p>The women asks the man frequently to have a child with her. The man is hesitant as while he thinks it is unlikely he is aware that once the child is born the women could file... | 90,983 | [
{
"answer_id": 90984,
"body": "<p>The way to prevent this is to not have sex. It takes two to figuratively tango. To avoid having no custody of a child, not being a bum would be a way to start. It is extremely unlikely that courts will award sole custody to one parent, absent real problematic behavior by... | [
"united-states",
"contract-law",
"finance",
"child-support",
"custody"
] |
Can underage people who commit a crime while underaged but are later charged with the same crime after turning 18 be tried as an adult? | 10 | https://law.stackexchange.com/questions/90737/can-underage-people-who-commit-a-crime-while-underaged-but-are-later-charged-wit | CC BY-SA 4.0 | <p>U.S federal law specifically but are there other countries that do this and in USA is an affirmative defense possible in these cases where they are tried as an adult?</p>
| 90,737 | [
{
"answer_id": 90741,
"body": "<p><a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged 'germany'\" aria-label=\"show questions tagged 'germany'\" rel=\"tag\" aria-labelledby=\"tag-germany-tooltip-container\">germany</a></p>\n<p>Defendants who are later accus... | [
"united-states",
"criminal-law",
"juvenile-law"
] |
What are reasonable steps to ascertain or contact lost property's owner to avoid liability for theft by finding? | 0 | https://law.stackexchange.com/questions/85827/what-are-reasonable-steps-to-ascertain-or-contact-lost-propertys-owner-to-avoid | CC BY-SA 4.0 | <p>Suppose one finds an item on the street that seems to have been lost by someone. What are examples of reasonable steps one could take to attempt to contact the item's rightful owner before concluding that it may in fact not be possible to do so? Once one has reasonably reached this conclusion, is one then legally en... | 85,827 | [
{
"answer_id": 85829,
"body": "<h2>Following the guidance of the <a href=\"https://www.met.police.uk/ro/report/lp/lost-or-found-property/\" rel=\"nofollow noreferrer\">police</a></h2>\n<p>In summary:</p>\n<ol>\n<li>If the item is hazardous or dangerous you should report it to the police using the emergency ... | [
"criminal-law",
"england-and-wales",
"theft"
] |
If involved in an accident, while uninsured, for which the other driver is insured, can the other insurance company turn them in? | 6 | https://law.stackexchange.com/questions/90972/if-involved-in-an-accident-while-uninsured-for-which-the-other-driver-is-insur | CC BY-SA 4.0 | <p>A friend of a friend recently had this situation come up. They were driving uninsured as a result of one of their housemates having tossed the bills as they came in. They learned they were uninsured after another car struck them and, on contacting the insurance company, being told that they had missed their payment ... | 90,972 | [
{
"answer_id": 90976,
"body": "<p>Threatening to report the uninsured driver to avoid payment would be blackmail and illegal / criminal. As a result, they are not going to do this. Reporting the uninsured driver on the other hand is their civic duty. So they can get your friend into trouble, but they can't ... | [
"insurance",
"pennsylvania"
] |
How are suits filed against federal officials under the First Amendment if there is no implied or express right of action? | 1 | https://law.stackexchange.com/questions/90978/how-are-suits-filed-against-federal-officials-under-the-first-amendment-if-there | CC BY-SA 4.0 | <p>I construe a right of action to be the ability to sue somebody for injunctive and monetary relief. If there isn't a right of action for the First Amendment like how <em>Bivens</em> provided a right of action for the 4th Amendment, how is anybody able to sue a federal official for violating their first amendment rig... | 90,978 | [
{
"answer_id": 90979,
"body": "<p>In <em>Egbert v. Boule</em>, <a href=\"https://www.supremecourt.gov/opinions/21pdf/21-147_g31h.pdf\" rel=\"nofollow noreferrer\">596 U.S. ___</a> (2022), the Supreme Court held that "there is no <em>Bivens</em> action for First Amendment retaliation." The Court wa... | [
"us-constitution",
"freedom-of-speech",
"civil-rights"
] |
Which law regulates child labor for a teen that has dual citizenship? | 3 | https://law.stackexchange.com/questions/41052/which-law-regulates-child-labor-for-a-teen-that-has-dual-citizenship | CC BY-SA 4.0 | <p>A teen with dual citizenship (Taiwan and U.S.) is seeking to work during his summer vacation. He's 14 right now (8th grade), which allows him to work by U.S. FLSA, but he is prohibited to work by Taiwan's child labor law which states that he must have graduated from 9th grade. </p>
<p>He's currently applying to a ... | 41,052 | [
{
"answer_id": 41069,
"body": "<p>You'd have to look careful for example at the Taiwanese law. Does it disallow companies in Taiwan to hire minors, or does it disallow minors to take jobs in Taiwan? In 99.99% of all cases the effect would be the same, but in this case the minor is in Taiwan, and the company... | [
"united-states",
"minor",
"labor-law",
"labor",
"taiwan"
] |
Is it normal for district judges first instance decisions to be appealed to circuit judges in other locations? | 1 | https://law.stackexchange.com/questions/90952/is-it-normal-for-district-judges-first-instance-decisions-to-be-appealed-to-circ | CC BY-SA 4.0 | <p>A <a href="http://nearlylegal.co.uk/wp-content/uploads/2018/03/LB-Hackney-v-Pavey-Judgment-of-HHJ-Luba-QC-21.11.17.pdf" rel="nofollow noreferrer">judgment</a> from clerkenwell and Shoreditch county court district judge (swan) was appealed to a circuit (?) judge in central London (Luba).</p>
<p>Isn’t the point of a c... | 90,952 | [
{
"answer_id": 90953,
"body": "<p>See <a href=\"https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52b-appeals-in-the-county-courts-and-high-court\" rel=\"nofollow noreferrer\">Practice Direction 52B</a>:</p>\n<blockquote>\n<p>The venue for an appeal within the County Co... | [
"england-and-wales",
"appeal",
"county-court"
] |
Can DBAs contain names that's not my name? | 1 | https://law.stackexchange.com/questions/90931/can-dbas-contain-names-thats-not-my-name | CC BY-SA 4.0 | <p>For example, let's say the legal name is Bob Ballad. Can a DBA be registered named Tom's Video Editing? And can a website be created named tomsvideoediting.com with the "About" page showcasing "Tom Thomas", implying that Tom Thomas is the owner of this business (sole proprietorship), even though ... | 90,931 | [
{
"answer_id": 90945,
"body": "<h2><a href=\"https://www.bubbagump.com/\" rel=\"nofollow noreferrer\">Bubba Gump Shrimp</a></h2>\n<p>Yes - the above example uses two fictional names from the movie Forest Gump.</p>\n",
"score": 1
},
{
"answer_id": 90966,
"body": "<p>The main issue is whether ... | [
"united-states",
"business",
"fraud",
"trade-name"
] |
Are coworking companies bound by legal precedent not to use the intellectual property nor trade secrets of its customers? | 3 | https://law.stackexchange.com/questions/90951/are-coworking-companies-bound-by-legal-precedent-not-to-use-the-intellectual-pro | CC BY-SA 4.0 | <p>The companies which operate coworking facilities are in a position to learn a lot about a person's business. Every facility I've seen is blanketed with cameras, potentially including microphones, the internet connection is provided and monitored by them, and their staff greets every visitor for a meeting.</p>
<p>I'v... | 90,951 | [
{
"answer_id": 90965,
"body": "<p>There are several kinds of intellectual property and related rights that could be implicated by coworking considerations. This answer provides answers where it is clear and leaves open the legal issues where I don't know the answer.</p>\n<ol>\n<li><p><strong>Trademarks and ... | [
"intellectual-property",
"privacy",
"workplace",
"switzerland",
"trade-secret"
] |
What can the President of the United States do when a national emergency renders Congress unable to do its job? | -3 | https://law.stackexchange.com/questions/90934/what-can-the-president-of-the-united-states-do-when-a-national-emergency-renders | CC BY-SA 4.0 | <p>A zombie virus is sweeping the nation! Every US Congressperson is either dead or in hiding. Either way, they're unreachable. Thankfully, we managed to keep the President and his Cabinet safe in underground bunkers. The judiciary is also safe.</p>
<p>Unfortunately for us, some government watchdog is up our butts. The... | 90,934 | [
{
"answer_id": 90937,
"body": "<p>It's not clear what the big deal is. Congress has already passed vast numbers of laws for POTUS to enforce, and has left the details of implementation up to the executive branch. The main limitation is that you need a Congress to fund any new federal government projects. Th... | [
"united-states"
] |
What is the legal distinction between watching a YouTube video in a browser and downloading it for personal use? | 24 | https://law.stackexchange.com/questions/90871/what-is-the-legal-distinction-between-watching-a-youtube-video-in-a-browser-and | CC BY-SA 4.0 | <p>If the act of watching a YouTube video creates a temporary download in my internet cache, why is it illegal to use an app that intercepts the YouTube API to download music videos to listen to later when I don't have internet?</p>
<p>When people buy a CD or mp3, they are allowed to listen to it as much as they want, ... | 90,871 | [
{
"answer_id": 90875,
"body": "<p>Although you aren't interested in the TOS, you should be. You are not allowed to make any copy of other people's stuff without permission. The TOS is how you get permission. First, the author uploads his material to You Tube, because he has an account and the TOS associated... | [
"copyright",
"intellectual-property",
"music",
"youtube"
] |
Online Defamation in Germany after the Künast court victory | 5 | https://law.stackexchange.com/questions/77969/online-defamation-in-germany-after-the-k%c3%bcnast-court-victory | CC BY-SA 4.0 | <p><a href="https://law.stackexchange.com/users/43977/m-f-whitaker">M F Whitaker</a> asked <a href="https://law.stackexchange.com/questions/77963/appealing-a-penalty-notice">a question</a> which has since been closed because it asked for legal advice in a specific case. I believe that there are two questions of general... | 77,969 | [
{
"answer_id": 78159,
"body": "<h2>preface</h2>\n<p>As evidenced by the <a href=\"https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2022/bvg22-008.html\" rel=\"nofollow noreferrer\">federal constitutional court’s recently published decision</a>, law is no exact science.\nI cannot poss... | [
"germany",
"defamation",
"online",
"social-media"
] |
Are there any laws against either excessively loud motorcycles or riding such motorcycles inconsiderately in residential areas at night? | 20 | https://law.stackexchange.com/questions/90828/are-there-any-laws-against-either-excessively-loud-motorcycles-or-riding-such-mo | CC BY-SA 4.0 | <p>Loud disturbing motorcycles are awful but occasionally circle around certain roads after midnight up and down gratuitously if the objective is actually transportation. One would hope that there are laws on the books restricting the legality of such terribly loud machines in the first place, as a great portion of the... | 90,828 | [
{
"answer_id": 90835,
"body": "<blockquote>\n<p>It’s illegal to modify the exhaust system to make a vehicle noisier after it has been ‘type approved’ (checked it meets environmental and safety standards).\nThe police can also take action if your vehicle’s silencer doesn’t work in the way it was designed or ... | [
"england-and-wales",
"any-jurisdiction",
"noise",
"nuisance",
"motorcycle"
] |
After being Justice of the UK Supreme Court from 2010-2, why did Lord John Dyson demote to Master of the Rolls from 2012-6? | -1 | https://law.stackexchange.com/questions/90938/after-being-justice-of-the-uk-supreme-court-from-2010-2-why-did-lord-john-dyson | CC BY-SA 4.0 | <blockquote>
<p><a href="https://www.law.ox.ac.uk/people/lord-john-dyson" rel="nofollow noreferrer">Lord John Dyson was Master of the Rolls (President of the Court of Appeal of England and Wales and Head of Civil Justice) for four years until he retired in October 2016. He was a Justice of the Supreme Court of the Unit... | 90,938 | [
{
"answer_id": 90939,
"body": "<p>"Why" someone did something is potentially off-topic, but in regards to your hierarchical image - it lacks provenance so cannot be tested, however according to the official <a href=\"https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/judges/profile... | [
"united-kingdom",
"judge"
] |
Am I legally able to use lethal force against a police officer in defense of another? | 26 | https://law.stackexchange.com/questions/11865/am-i-legally-able-to-use-lethal-force-against-a-police-officer-in-defense-of-ano | CC BY-SA 3.0 | <p>Hypothetically, let's say I come across a police officer about to discharge his firearm at a person laying face down on the ground, hands in my clear view, clearly (to me) unarmed and apparently complying with the officer's instructions. Am I legally able to use my own firearm to use lethal force against the office... | 11,865 | [
{
"answer_id": 11872,
"body": "<p>I'll use Washington state as my source, but laws will be similar in other states. <a href=\"http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.76&full=true\">RCW 9A.76.020</a> outlaws obstructing a law enforcement officer, which this would be: it is a gross misdemeanor. In... | [
"united-states",
"police",
"self-defense"
] |
Does one's "lawyer license" need to be regularly renewed? | 2 | https://law.stackexchange.com/questions/89715/does-ones-lawyer-license-need-to-be-regularly-renewed | CC BY-SA 4.0 | <p>Say that Bob passes the bar exam. Then he goes to a mountain and becomes a hermit for X years. When he comes back, is he still allowed to be a lawyer? Or does his "law license" require regular renewal? And does that renewal require re-passing some exam, or is it just nominal (like renewing a driver's licen... | 89,715 | [
{
"answer_id": 89717,
"body": "<p>In most states, you have to pay an annual or biannual registration fee, complete a certain number of continuing education classes each registration cycle, and fill out a form affirming that your contact information is up to date.</p>\n<p>An attorney usually also has to make... | [
"united-states",
"california",
"lawyer",
"bar-association"
] |
Is it legal to paraphrase a paid Wall Street Journal article in its entirety and publish the paraphrased article for free? | 1 | https://law.stackexchange.com/questions/90921/is-it-legal-to-paraphrase-a-paid-wall-street-journal-article-in-its-entirety-and | CC BY-SA 4.0 | <p>I know that in many countries republishing any web article from another website without consent is considered a form of plagery and copyright enfringement and is therefore illegal.</p>
<p>But I <em>am</em> looking to republish a couple of paid articles from wsj.com on my own website. According to <a href="http://www... | 90,921 | [
{
"answer_id": 90933,
"body": "<p>U.S. law says in <a href=\"https://www.law.cornell.edu/uscode/text/17/102\" rel=\"nofollow noreferrer\">17 U.S.C. 102(b)</a></p>\n<blockquote>\n<p>In no case does copyright protection for an original work of\nauthorship extend to any idea, procedure, process, system, method... | [
"copyright",
"intellectual-property",
"internet",
"journalism",
"freedom-of-press"
] |
Is Elon Musk's child name valid in California? | 61 | https://law.stackexchange.com/questions/51365/is-elon-musks-child-name-valid-in-california | CC BY-SA 4.0 | <p>Elon Musk and his partner want to name their child <em>X Æ A-12</em>.</p>
<p>Is that name allowed in California, US?</p>
| 51,365 | [
{
"answer_id": 51366,
"body": "<p>We could start with what the statutes say (<a href=\"https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=102.&title=&part=1.&chapter=3.&article=2.\" rel=\"nofollow noreferrer\">HSC 102425</a>)</p>\n<blockquote>\n<p>(a) T... | [
"united-states",
"california",
"children",
"name"
] |
Where is the Houston anti-Food Sharing Ordinance? | 6 | https://law.stackexchange.com/questions/90935/where-is-the-houston-anti-food-sharing-ordinance | CC BY-SA 4.0 | <p>Accoring to <a href="https://www.houstonpublicmedia.org/articles/news/local/2023/02/28/444954/local-nonprofit-says-they-will-continue-to-feed-homeless-despite-city-of-houstons-warning-against-it/" rel="noreferrer">this article</a> about the anti-Food Sharing Ordinance in Houston,</p>
<blockquote>
<p>Mayor Anise Park... | 90,935 | [
{
"answer_id": 90936,
"body": "<p>The ordinance is 2012-269 was signed by Mayor Parker in 2012 you can find it as</p>\n<blockquote>\n<p><a href=\"https://www.houstontx.gov/health/2012-269.pdf\" rel=\"noreferrer\">AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, RELATING TO FEEDING... | [
"texas",
"local-ordinance",
"houston"
] |
Store claimed no returns without loyalty program | 0 | https://law.stackexchange.com/questions/90925/store-claimed-no-returns-without-loyalty-program | CC BY-SA 4.0 | <p>In British Columbia, is it legal to predicate a retail return with the receipt with having made the original purchase tied to a company loyalty program account? This already contradicts the receipt I received but I want to confirm I understand the consumer protection laws before I report to their corporate.</p>
| 90,925 | [
{
"answer_id": 90928,
"body": "<p><a href=\"https://www.consumerprotectionbc.ca/about-us/our-authority-governance/\" rel=\"nofollow noreferrer\">Consumer Protection BC</a>, the consumer-protection authority in British Columbia, <a href=\"https://www.consumerprotectionbc.ca/2011/12/whats_your_refund_policy/\... | [
"consumer-protection",
"british-columbia"
] |
What if a child dies in school detention? | 1 | https://law.stackexchange.com/questions/86396/what-if-a-child-dies-in-school-detention | CC BY-SA 4.0 | <p>Suppose that a child behaves badly in class and is detained after class. The child has some illness, which isn't easy to notice, but he is too shy to tell his teacher. His teacher doesn't know of his illness, does not notice his illness, and does nothing special relating to his illness.</p>
<p>Sadly, the child dies ... | 86,396 | [
{
"answer_id": 86405,
"body": "<p>In the US, detention does not add anything: we can generalize the principle to any time when a student is in the custody of the teacher (classroom, field-trip, sporting event...). One question, for the scenario that you describe, is whether the injury was foreseeable.\nSupp... | [
"children",
"school",
"punishment",
"detention"
] |
Can you sign a shared physical custody contract before impregnation? | 1 | https://law.stackexchange.com/questions/52616/can-you-sign-a-shared-physical-custody-contract-before-impregnation | CC BY-SA 4.0 | <p>I was wondering if it exists the possibility of signing a legal agreement before impregnation that states legally that both parents compromise into offering shared physical custody of the child to each other in case of divorce or separation.</p>
<p>Do theses types of contract exists? are they legal? I currently live... | 52,616 | [
{
"answer_id": 52634,
"body": "<h1>Short Answer</h1>\n<blockquote>\n<p>I was wondering if it exists the possibility of signing a legal\nagreement before impregnation that states legally that both parents\ncompromise into offering shared physical custody of the child to each\nother in case of divorce or sepa... | [
"divorce",
"children"
] |
Is it true that men are forced to pay child support for children they didn't consent to have? | 40 | https://law.stackexchange.com/questions/79652/is-it-true-that-men-are-forced-to-pay-child-support-for-children-they-didnt-con | CC BY-SA 4.0 | <p>According to <a href="https://www.reddit.com/r/MensRights/comments/ub8opx/are_there_laws_against_non_consensual_reproduction/" rel="noreferrer">many in the men's rights movement</a>, a woman who, in any way, gets pregnant from a man will be able to get child support from him, which in most states is proportional to ... | 79,652 | [
{
"answer_id": 79654,
"body": "<blockquote>\n<p>Is it true that men are forced to pay child support for children they\ndidn't consent to having?</p>\n</blockquote>\n<p>Yes.</p>\n<p>This is true in every U.S. jurisdiction, in the U.K., and in every jurisdiction of which I am aware in the E.U., and it is the ... | [
"children",
"sex-discrimination"
] |
Is it legal to carry a child around in a “close to you” child carrier? | 10 | https://law.stackexchange.com/questions/61347/is-it-legal-to-carry-a-child-around-in-a-close-to-you-child-carrier | CC BY-SA 4.0 | <p>While in a car, a child must be in a special seat. When I leave the car must I take the child seat (it’s detachable) with me together with the child. Or is it okay to place child in a “close to me” child carrier (image below). Suppose the child is a 7 pound newborn (10 days old). Is it okay to carry the child in th... | 61,347 | [
{
"answer_id": 61349,
"body": "<p>There is no legal reason that you can't carry your baby any way you want outside of your vehicle (as long as you aren't physically harming the child). Baby slings or "baby wearing" is recognized by many pediatric doctors as not just good for the child, but good fo... | [
"united-states",
"children"
] |
Is it a crime to have child outside of wedlock? | 18 | https://law.stackexchange.com/questions/75165/is-it-a-crime-to-have-child-outside-of-wedlock | CC BY-SA 4.0 | <p>If a legally married man has a child with another woman, what are the consequences for that child?</p>
<ol>
<li><p>Who will be the legal father of this child on the child's birth certificate?</p>
</li>
<li><p>Can this child use his or her biological father's last name?</p>
</li>
<li><p>Is it a crime to have sex with... | 75,165 | [
{
"answer_id": 75183,
"body": "<blockquote>\n<p>Is it a crime to have child outside of wedlock?</p>\n</blockquote>\n<p>Giving birth itself, regardless of the circumstances, is never a crime in the United States.</p>\n<p>Some sexual acts which can sometimes result in the conception of a child are crimes (mos... | [
"united-states",
"marriage",
"children",
"birth-certificate"
] |
When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides - the Court or the Arbitrator? | -1 | https://law.stackexchange.com/questions/90790/when-parties-dispute-whether-a-contract-containing-an-arbitration-agreement-expi | CC BY-SA 4.0 | <p>Courts are required to enforce arbitration agreements according to their terms. But what if the parties dispute whether a contract containing an arbitration agreement expired? Does the court or the arbitrator decide the question of expiration?</p>
<p>Let's assume the contract gives the arbitration panel broad powers... | 90,790 | [
{
"answer_id": 90798,
"body": "<h2>The court is likely to refer it to the arbitrator to decide</h2>\n<p><a href=\"/questions/tagged/australia\" class=\"post-tag\" title=\"show questions tagged 'australia'\" aria-label=\"show questions tagged 'australia'\" rel=\"tag\" aria-labelledby=\"tag-au... | [
"united-states",
"court",
"new-jersey",
"arbitration"
] |
Can a child have a different last name from both their father and mother? | 1 | https://law.stackexchange.com/questions/37764/can-a-child-have-a-different-last-name-from-both-their-father-and-mother | CC BY-SA 4.0 | <p>In the US, you can change your last name as you could with your first name. So imagine as a father, you changed your last name from the one your family gives to you. Can you choose your child to use your family's last name not your changed last name?</p>
| 37,764 | [
{
"answer_id": 37767,
"body": "<p>No law in the US requires that parent and child have the same last name. It is usual that a child's name match that of at least one parent, but not required.</p>\n\n<p>A parent can change his or her name, without changing the names of any existing children. Also, when a chi... | [
"united-states",
"children",
"name"
] |
High School forced labor for grades? | 24 | https://law.stackexchange.com/questions/89079/high-school-forced-labor-for-grades | CC BY-SA 4.0 | <p>I have a friend in a high school computer science course in Texas. This is a course required for graduation and is not a volunteer thing. Apparently, the teacher is having the students develop an official app that the school intends to eventually use. This app deals with collecting and maintaining personal informati... | 89,079 | [
{
"answer_id": 89084,
"body": "<p>Various elements could be legal, or not. For example, it is legal to require students to do things in order to pass a class. It is legal to require a student to write a program for a course (entirely, or in part). It is legal for a teacher to give a "group grade".... | [
"minor",
"labor-law",
"school",
"personal-information"
] |
Which law determines paternity (who is the father) in Australia? | 2 | https://law.stackexchange.com/questions/64765/which-law-determines-paternity-who-is-the-father-in-australia | CC BY-SA 4.0 | <p>I would like to know which Act defines the rules about the determination of a father in Australia. I can find the rules on different websites, but not the source for which law it is.</p>
<p><a href="https://www.legalaid.vic.gov.au/find-legal-answers/child-support/proving-who-dad-is" rel="nofollow noreferrer">https:/... | 64,765 | [
{
"answer_id": 64773,
"body": "<h2>The <a href=\"http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/fla1975114/\" rel=\"nofollow noreferrer\">Family Law Act 1975 (Cth)</a></h2>\n<p>Specifically ss69P-69T create the following presumptions about paternity:</p>\n<ul>\n<li>married to the mother</l... | [
"australia",
"children",
"parental-rights",
"child-support"
] |
What to do if ex changes child school without my consent? (UK) | 1 | https://law.stackexchange.com/questions/36890/what-to-do-if-ex-changes-child-school-without-my-consent-uk | CC BY-SA 4.0 | <p>If one parent changes their child's school without the others consent (both have Parental Responsibility), what can the other parent do to cancel that?</p>
<p>The current school's new vacancy might be filled very quick, teh child might not be able to get back to it if a court order takes only a few weeks. Is there ... | 36,890 | [
{
"answer_id": 36894,
"body": "<p>In Australia you can seek an injunction in a court of competent jurisdiction; for a family law matter this is the Family Court. You will usually have a hearing and a ruling within 24 to 48 hours. Given that you don’t know this, it’s probably something you will need a lawyer... | [
"united-kingdom",
"children",
"school",
"parental-rights"
] |
Would a summer camp responsible for caring for a child have any alternative other than refunding money if child intentionally misbehaves? | 12 | https://law.stackexchange.com/questions/88043/would-a-summer-camp-responsible-for-caring-for-a-child-have-any-alternative-othe | CC BY-SA 4.0 | <p>This is a hypothetical situation for a potential story.</p>
<p>Let's say Bob is a minor whose parents have already pre-paid for him to attend a religious summer camp as daycare for the entirety of summer. Unfortunately, due to some assorted disagreements with the owners of the camp, Bob is no longer comfortable att... | 88,043 | [
{
"answer_id": 88049,
"body": "<blockquote>\n<p>The real question is do they have to refund the rest of the summer camp fees if Bob is expelled due to his own intentional misbehavior?</p>\n</blockquote>\n<p>Not if the contract was written by a good lawyer, or even by a merely competent lawyer. In that case... | [
"united-states",
"minor",
"children"
] |
defaming an anonymous person | 1 | https://law.stackexchange.com/questions/90916/defaming-an-anonymous-person | CC BY-SA 4.0 | <p>Suppose there is someone only known by an avatar. Suppose no public information is available as to who is the real person behind the avatar.</p>
<p>My question is whether there is any case-law about whether the unknown real person can be defamed by writing something nasty about the avatar.</p>
<p>Please note that I ... | 90,916 | [
{
"answer_id": 90918,
"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>I am aware of no case raising this ... | [
"defamation"
] |
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