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Is TfL bound By their pledged fare freezes?
0
https://law.stackexchange.com/questions/89606/is-tfl-bound-by-their-pledged-fare-freezes
CC BY-SA 4.0
<p>Is TfL bound in any way to honour their pledged fare freezes to the public on advertising billboards even though there is no contractual loss or consideration? What are the pledges legal status and have there ever been any challenges to their reneger?</p>
89,606
[ { "answer_id": 89622, "body": "<p>Transport for London (TfL) is the responsibility of the Mayor of London, and it is he <a href=\"https://www.itv.com/news/london/2023-01-10/figure-revealed-for-expected-rise-in-london-tube-and-bus-fares\" rel=\"nofollow noreferrer\">who ultimately decides</a> on fare increas...
[ "england-and-wales", "civil-law", "consideration", "tfl" ]
Under the US Constitution, can Congress require the President to use military force?
0
https://law.stackexchange.com/questions/89611/under-the-us-constitution-can-congress-require-the-president-to-use-military-fo
CC BY-SA 4.0
<p>Suppose that a new Congress gets elected, and they unanimously really, <em>really</em> <em><strong>really</strong></em> hate the government of country X, so much so that they want the US military to basically destroy it. So the government passes a law that not only declares, but also bestows upon the President a leg...
89,611
[ { "answer_id": 89613, "body": "<p>The Constitution says &quot;The President shall be Commander in Chief of the\nArmy and Navy of the United States, and of the Militia of the several States, when\ncalled into the actual Service of the United States&quot;.\nAs supreme military commander, the president alone g...
[ "united-states", "constitutional-law" ]
What is the effect of FTT judges also “being” county court judges by virtue of s5(2)(t) CCA1984?
0
https://law.stackexchange.com/questions/89610/what-is-the-effect-of-ftt-judges-also-being-county-court-judges-by-virtue-of-s
CC BY-SA 4.0
<p>Under <a href="https://www.legislation.gov.uk/ukpga/1984/28/section/5?timeline=false" rel="nofollow noreferrer">section 5(2)(t)</a>, County Courts Act 1984, judges of the tribunals are stated to be also judges of the county court. What does this mean in terms of effects? What consequential implications does this pro...
89,610
[ { "answer_id": 89617, "body": "<p>Flexibility.</p>\n<p>When the Crime and Courts Act 2013 ammended the 1984 Act to replace the various district County Courts with the singular County Court, section 5 was also ammended to establish who can sit in this new court structure.</p>\n<p>The Home Office and Ministry...
[ "england-and-wales", "court", "judge", "interpretation", "tribunal-procedure" ]
&quot;Procurement&quot; in The Immoral Traffic (Prevention) Act, 1956 and its relation to extortion
1
https://law.stackexchange.com/questions/89522/procurement-in-the-immoral-traffic-prevention-act-1956-and-its-relation-to
CC BY-SA 4.0
<p>the immoral traffic prevention act which deals with prostitution laws has some provisons specifically</p> <p><a href="https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_0_00015_1956104_1673601098535&amp;sectionId=72581&amp;sectionno=5&amp;orderno=6" rel="nofollow noreferrer">Section 5</a> of the above Act states...
89,522
[ { "answer_id": 89595, "body": "<p>Traditionally &quot;procure&quot; in this sense means to compel another to act as a prostitute, to induce another to act as a prostitute by whatever means, or to provide to a person who wants to patronize a prostitute an opportunity to do so, whether the prostitute is willi...
[ "criminal-law", "india", "definition", "interpretation", "extortion" ]
What kind of legal trouble would have a law firm that called its defeated opponents assholes?
3
https://law.stackexchange.com/questions/44030/what-kind-of-legal-trouble-would-have-a-law-firm-that-called-its-defeated-oppone
CC BY-SA 4.0
<p>Say a new law firm wants to come up with a fresh and juicy marketing strategy to win a share of local law market.</p> <p>They adopt a moral code which, although could be seen arguable, is nevertheless coherent and is consistently adhered to. In a nut shell, they only take clients that they think are good people and...
44,030
[ { "answer_id": 44034, "body": "<p>Calling someone an &quot;asshole&quot; is, at least in the US, an expression of opinion and so is not defamation. Saying that someone has committed a crime may be defamation, but not if that person has in fact already been convicted of that crime. In general if a statement ...
[ "defamation", "lawyer", "slander" ]
Do you have to pay for a dissatisfactory medical service?
-1
https://law.stackexchange.com/questions/61820/do-you-have-to-pay-for-a-dissatisfactory-medical-service
CC BY-SA 4.0
<p>I went to a hospital and they charged me $5,000. The doctor was absolutely incompetent and due to his fault, the result of the procedure were bad. I am on my way to healing, but it was NOT good. I will not go into details, but the doctor “F...ED UP”, and he knows it. Of course he will never officially admit it, and ...
61,820
[ { "answer_id": 61821, "body": "<blockquote>\n<p>I don’t want to pay for an incompetent service. Do I have to? What are my options?</p>\n</blockquote>\n<p>Regardless of the legislative specifics of your jurisdiction regarding <em>medical malpractice</em>, your description sounds in a possible claim of <em>br...
[ "medical" ]
Is there a law against destroying works of art of historic importance when you are the owner?
29
https://law.stackexchange.com/questions/89438/is-there-a-law-against-destroying-works-of-art-of-historic-importance-when-you-a
CC BY-SA 4.0
<p>At work we recently had a bit of a debate about whether or not it would be legal to destroy a work of art if you are the owner of said work.</p> <p>A few years ago, Banksy destroyed his own painting by shredding it, and recently there have been several instances where people have vandalized paintings by throwing pai...
89,438
[ { "answer_id": 89441, "body": "<p>In general, ownership of a thing includes the property right to dispose of or destroy the thing. However, there may be statutory prohibitions for special categories of property.</p>\n<p>Many countries have entered into treaties that obligate them to identify, protect, and c...
[ "is-x-legal", "ownership", "vandalism" ]
&quot;We only collect anonymized data&quot;. Roughly what are the limits of this?
1
https://law.stackexchange.com/questions/89602/we-only-collect-anonymized-data-roughly-what-are-the-limits-of-this
CC BY-SA 4.0
<p>Say a program that Bob is using asks to collect &quot;anonymized data&quot;. Bob agrees. But roughly at what point is &quot;anonymized&quot; a false statement?</p> <p>If I have Bob's shopping habits, gendre, device make, ip address/general location area, etc.; at some point, it's more than enough to uniquely identif...
89,602
[ { "answer_id": 89615, "body": "<p>Assuming that you are referring to online data collection, &quot;personal information&quot; is defined in California in <a href=\"https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=3.&amp;part=4.&amp;lawCode=CIV&amp;title=1.81.5\" rel=\"nofollow noref...
[ "united-states", "privacy", "california", "data", "anonymization" ]
If you taunt someone, then are you disqualified from &quot;self-defense&quot; when they become violent with you?
1
https://law.stackexchange.com/questions/89583/if-you-taunt-someone-then-are-you-disqualified-from-self-defense-when-they-be
CC BY-SA 4.0
<p>Dave is angry and intoxicated. Terry the Troll goes up to Dave and starts insulting him and his mother (etc.), and Dave lashes out and starts trying to beat up Terry.</p> <p>My question is if Terry &quot;cleaned Bob's clock&quot; in return, could it be considered self-defense? Or does Terry's initial taunting disqua...
89,583
[ { "answer_id": 89587, "body": "<p>That depends on whether the legislature has made this a disqualifier. In North Carolina, <a href=\"https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-51.4.pdf\" rel=\"nofollow noreferrer\">G.S. 14-51</a> disqualifies a person from using the sel...
[ "united-states", "freedom-of-speech", "self-defense", "assault", "alcohol" ]
What determines the legality of whether a non-controlled substance can be included in food?
2
https://law.stackexchange.com/questions/89604/what-determines-the-legality-of-whether-a-non-controlled-substance-can-be-includ
CC BY-SA 4.0
<p>If there was a food or chemical substance that was not listed as a controlled substance either federally or at the state level, and it is never explicitly mentioned in any FDA food guidelines, does that mean that it can be included in food and sold to consumers without any special labeling? What laws regulate whethe...
89,604
[ { "answer_id": 89607, "body": "<p>The FDA maintains a list of substances &quot;generally recognized as safe&quot; and provides that list on their web site at:</p>\n<p><a href=\"https://www.fda.gov/food/food-ingredients-packaging/generally-recognized-safe-gras\" rel=\"nofollow noreferrer\">GRAS</a></p>\n<p>T...
[ "food", "drugs", "fda", "food-processing" ]
Are there any contract/law-based incentives for someone on their death-bed to obey the law?
0
https://law.stackexchange.com/questions/89599/are-there-any-contract-law-based-incentives-for-someone-on-their-death-bed-to-ob
CC BY-SA 4.0
<p>Walter is told that he has 1 week to live. So he goes on his twitter profile, and posts the KFC secret formula, airs all the dirty laundry of his boss, etc.. Basically, he breaks every last NDA he was a part of. In the most extreme case, perhaps he even goes on a violent crime spree.</p> <p>What is discouraging Walt...
89,599
[ { "answer_id": 89603, "body": "<h2>Bob’s estate can be sued</h2>\n<p>Bob the human is dead but Bob the legal person continues, at least for a while. People who were damaged by Bob the human can sue Bob’s estate for restitution. Assuming that Bob would like his assets Togo to his heirs instead of these peopl...
[ "united-states", "criminal-law", "contract-law", "death", "penalty" ]
I found a stick pin in my mouth after a bite of peanut butter. Can I sue the company and win?
-5
https://law.stackexchange.com/questions/89506/i-found-a-stick-pin-in-my-mouth-after-a-bite-of-peanut-butter-can-i-sue-the-com
CC BY-SA 4.0
<p>I took a bite of peanut butter and found a stickpin in my mouth and I almost swallowed it. It was a brand new jar and still had the seal on it. I don't know why a stickpin would be in peanut butter, but do i have valid grounds to sue?</p>
89,506
[ { "answer_id": 89508, "body": "<p>As a lawsuit, it doesn't make sense in U.S. law unless you have suffered significant injuries. Your damages are likely to be, at most, nominal ($1) if you discovered it before you were hurt, so you'd only lose the money spent replacing the jar of peanut butter with a non-de...
[ "united-states" ]
What should a lawyer do if they are confident their client is committing perjury?
6
https://law.stackexchange.com/questions/89589/what-should-a-lawyer-do-if-they-are-confident-their-client-is-committing-perjury
CC BY-SA 4.0
<p>Let's say a client confesses one thing to their lawyer, but at trial makes a radically different claim when asked while under oath. The difference is substantial and likely to affect the result of the trial and the lawyer reasonable believes the defendant has committed perjury.</p> <p>He can't come out and accuse h...
89,589
[ { "answer_id": 89591, "body": "<p>If somehow the lawyer knows that evidence provided by their client to the court is false, the lawyer has an obligation to direct the client to cease the perjury and to persuade the client to disclose to the court that the evidence was false. If the client does not stop, the...
[ "criminal-law", "professional-ethics", "attorney-client-privilege", "perjury" ]
Is character assassination of witnesses allowed?
2
https://law.stackexchange.com/questions/89559/is-character-assassination-of-witnesses-allowed
CC BY-SA 4.0
<p>Say that one side of a trial brings a witness Walter onto the stand. If the other side doesn't like Walter's testimony (and wants the jury to not take it seriously), are they allowed to engage in character assassination of Walter? For example, airing his past crimes, his controversial social media posts, etc.. To be...
89,559
[ { "answer_id": 89563, "body": "<p>It is allowed to introduce evidence that impeaches the credibility or reliability of a witness, which could include his previous 5 convictions for perjury. This does not constitute &quot;character assassination&quot;, so I'm not sure what you mean by that. A felony convicti...
[ "united-states", "trial", "witnesses", "testimony", "cross-examination" ]
LGPL open source project - condition on invoking license (no right to use the software) on certain modifications. Is it possible?
0
https://law.stackexchange.com/questions/89578/lgpl-open-source-project-condition-on-invoking-license-no-right-to-use-the-so
CC BY-SA 4.0
<p>Released a software under LGPL license.</p> <p>Now added also a paid license check to it, so users can also upgrade to commercial license.</p> <p>However, I think some users can remove the check and re-release it under LGPL</p> <p>Can I somehow prohibit it? If license check code parts are modified, users rights, lic...
89,578
[ { "answer_id": 89579, "body": "<p>If you have released software under the LGPL license, you have given all recipients the right to modify this software for any purpose, including removing or adding features in a manner that you don't like.</p>\n<p>If you don't want that, you should not release your commerci...
[ "licensing" ]
Why do some decisions reference case law that references other case law? Why not just reference the original case law?
1
https://law.stackexchange.com/questions/89573/why-do-some-decisions-reference-case-law-that-references-other-case-law-why-not
CC BY-SA 4.0
<p>I have seen this loads of times as I read through court decisions and case law.</p> <p>I am reading a Decision issued by an appeals court, and the judges cite a case that in turn cites a case. Here is the passage:</p> <blockquote> <p>Our first task “is to determine whether the language at issue has a plain and unamb...
89,573
[ { "answer_id": 89576, "body": "<h2>Lots of reasons</h2>\n<ol>\n<li>The citing case may be in a higher court than the cited case but might not actually add anything. You always go for the highest authority on record.</li>\n<li>From time to time, a case makes a big review and consolidation of all the case law...
[ "legal-research", "case-law", "legal-citation", "lines-of-case-law" ]
Does filling U.S. postal service business reply envelopes with junk incur any legal peril?
9
https://law.stackexchange.com/questions/9665/does-filling-u-s-postal-service-business-reply-envelopes-with-junk-incur-any-le
CC BY-SA 3.0
<p>Some companies that send junk mail include a "business reply" envelope. This allows the junk mail recipient to send a "reply" through U.S. mail at the originator's expense.</p> <p>In fact these business reply envelopes can be filled with heavy junk and given to the U.S. Postal Service in order to impose additional...
9,665
[ { "answer_id": 31497, "body": "<p>Two questions. Since the answer to the second answers the first I will go out of order</p>\n\n<blockquote>\n <p>If a person did that could he be found liable for damages in a civil action? <strong>Or does it run afoul of any criminal statute?</strong></p>\n</blockquote>\n\...
[ "united-states", "criminal-law", "damages", "mail" ]
Has it been Legally Confirmed that A Website is not Liable if passwords stolen from it are used on other sites?
14
https://law.stackexchange.com/questions/71117/has-it-been-legally-confirmed-that-a-website-is-not-liable-if-passwords-stolen-f
CC BY-SA 4.0
<p>Security Experts the world around all agree that you should not reuse passwords across sites. This is simply a matter of best practice, and it protects you such that if your StackExchange password is stolen, they can't use that to access your bank account.</p> <p>The general feeling I get from my security friends is...
71,117
[ { "answer_id": 71119, "body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged &#39;united-states&#39;\" rel=\"tag\">united-states</a></p>\n<p>The argument you are making, restated in legal terms, is roughly as follows:</p>\n<ol>\n<li>Users have a duty to not ...
[ "liability", "security" ]
Why is Julian Assange in jail?
3
https://law.stackexchange.com/questions/70538/why-is-julian-assange-in-jail
CC BY-SA 4.0
<p>Further to <a href="https://law.stackexchange.com/questions/39108/what-would-be-julian-assanges-expected-punishment-on-the-current-english-crimi/39109">another question</a> asked on these boards:</p> <p>Julian Assange was <a href="https://www.independent.co.uk/news/uk/home-news/julian-assange-prison-jail-time-weeks-...
70,538
[ { "answer_id": 70539, "body": "<p>There are two reasons for jail:</p>\n<ul>\n<li><p>Applying the sentence</p>\n</li>\n<li><p>Denying the accused the opportunity of fleeing, destroying evidence or doing the same felonies again.</p>\n</li>\n</ul>\n<p>The last part is always a difficult one, as the accused has...
[ "international", "extradition", "sentencing", "politics", "bail" ]
Is there an alternative to a purchase order that sellers can use?
-1
https://law.stackexchange.com/questions/18689/is-there-an-alternative-to-a-purchase-order-that-sellers-can-use
CC BY-SA 3.0
<p>The only thing I can find is a sales order, but the problem with that is it isn't legally binding. To be more specific on what I mean:</p> <p>Say that we want to sell someone business cards that includes a specific amount of time for graphic design. And we want to get paid after the graphic design, but before prin...
18,689
[ { "answer_id": 18704, "body": "<blockquote>\n <p>The only thing I can find is a sales order, but the problem with that is it isn't legally binding.</p>\n</blockquote>\n\n<p>Why on Earth would you say that? An agreement for one party to sell something to another party is a legally binding contract no matter...
[ "contract-law" ]
What was the original idea behind the practice of courtroom wigs?
28
https://law.stackexchange.com/questions/89455/what-was-the-original-idea-behind-the-practice-of-courtroom-wigs
CC BY-SA 4.0
<p>English judges and barristers have for a long time had to wear wigs. What was the intended implied message by the object aesthetic? What was the look of a judge or advocate wearing that type of courtroom wig intended to evoke about the character, authority, or other aspects of the court and legal process at the time...
89,455
[ { "answer_id": 89456, "body": "<p>The courtroom wig actually dates from an era centuries ago when it was common for the upper classes to shave their heads and wear wigs - a practice that arose for hygiene reasons.</p>\n<p>That is, at the time when this practice first arose in courtrooms, such wig-wearing si...
[ "united-kingdom", "england-and-wales", "rules-of-court", "legal-history" ]
Board of 9 judges in Japan?
4
https://law.stackexchange.com/questions/89560/board-of-9-judges-in-japan
CC BY-SA 4.0
<p>This is from a fictional trial from Yakuza Judgement, set in Tokyo Japan. The context is a trial where someone is accused of murder. <a href="https://i.stack.imgur.com/rhmtK.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/rhmtK.jpg" alt="fictional court house japan" /></a> On the left is the defen...
89,560
[ { "answer_id": 89564, "body": "<p><strong>The Professional And Lay Judges In The Scene</strong></p>\n<p>Murder trials in Japan take place in a regional court called the &quot;high court&quot; which is one level below the Japanese Supreme Court.</p>\n<p>Trials of very serious crimes in Japan (crimes punishab...
[ "criminal-law", "court", "trial", "judge", "japan" ]
Legality of legacy Delta advertisement
-5
https://law.stackexchange.com/questions/89487/legality-of-legacy-delta-advertisement
CC BY-SA 4.0
<p>Would the following advert be illegal currently?</p> <p>What specific laws would it disobey and why?</p> <p>Or would it be totally legal?</p> <p>It's hardly controversial compared to i.e. Tinder adverts, or Sex in the City shows,or Hooters so my intuition would be that this advert is totally fine by law.</p> <p><a h...
89,487
[ { "answer_id": 89552, "body": "<blockquote>\n<p>Would the following advert be illegal currently?</p>\n</blockquote>\n<p>The advertisement is lawful everywhere except maybe in jurisdictions with a heavy theological/religious component. In all likelihood, an advertisement that only lists flights within the US...
[ "freedom-of-speech", "advertisements", "morality", "freedom-of-assembly" ]
Why does Japanese entertainment make such backhanded references to brands (e.g. WcDonalds instead of McDonalds)?
5
https://law.stackexchange.com/questions/89533/why-does-japanese-entertainment-make-such-backhanded-references-to-brands-e-g
CC BY-SA 4.0
<p>There's tons of examples. To name a few:</p> <ol> <li>MgRonald's and Sentucky Fried Chicken (instead of McDonald's and KFC) in Hataraku Maou-sama</li> <li>Attack Family (instead of Smash Brothers) in Jaku Kyara Tomozaki-kun</li> <li>Bepsi (instead of Pepsi) in Yowamushi Pedal</li> <li>Chatter a.k.a Yuttaa (instead o...
89,533
[ { "answer_id": 89537, "body": "<p>This practice isn't just restricted to Japanese entertainment, although it is indeed particularly common there.</p>\n<p>Still, the practice, which I call using &quot;fakemarks&quot; (the term is not in wide usage and if there is a widely accepted word for it I don't know wh...
[ "trademark", "fair-use", "branding", "japan", "entertainment-law" ]
If I have concurrent user consents then can I combine these consents?
0
https://law.stackexchange.com/questions/89548/if-i-have-concurrent-user-consents-then-can-i-combine-these-consents
CC BY-SA 4.0
<p>I have an app that supports concurrent user consents.</p> <p>Assume that I have:</p> <ol> <li><code>Consent A</code> that gives access to <code>https://example.com/resources/a</code></li> <li><code>Consent B</code> that gives access to <code>https://example.com/resources/b</code>.</li> </ol> <p>But at some point my ...
89,548
[ { "answer_id": 89551, "body": "<p>GDPR consent does not apply to resources or activities, but to <em>processing purposes</em> – to the reason why you are using some data. Also, while consent must be specific, it is not necessary to tire the user with technical details – as long as they are able to consent t...
[ "gdpr", "consent" ]
What are the Defense / Prosecution required to share with each other?
1
https://law.stackexchange.com/questions/89536/what-are-the-defense-prosecution-required-to-share-with-each-other
CC BY-SA 4.0
<p>If the prosecution has their hands on some choice evidence that can be used as a &quot;gotcha&quot; against the defense and catch them off guard, are they allowed to do that? Or are the prosecution expected to share such evidence with the defense (perhaps upon request) beforehand, allowing the defense to prepare for...
89,536
[ { "answer_id": 89538, "body": "<p>Unsurprisingly, there is a rule of criminal procedure at the federal level, <a href=\"https://www.law.cornell.edu/rules/frcrmp/rule_16\" rel=\"nofollow noreferrer\">rule 16</a>. It is complicated, but here are the broad strokes of that requirement.\nThere are a number of re...
[ "united-states", "criminal-law", "evidence", "court", "discovery" ]
Is it a valid attorney strategy to make statements, even if they will be striken from the record?
2
https://law.stackexchange.com/questions/89530/is-it-a-valid-attorney-strategy-to-make-statements-even-if-they-will-be-striken
CC BY-SA 4.0
<p>Similar to how, in football/soccer, players strategically go for fouls because they're effective. Is it common practice for an attorney to bring up inadmissable evidence/points that, even though they might be stricken from the record, will inevitably have an effect on the jury?</p> <p>As a simple example, if there w...
89,530
[ { "answer_id": 89531, "body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged &#39;canada&#39;\" aria-label=\"show questions tagged &#39;canada&#39;\" rel=\"tag\" aria-labelledby=\"canada-container\">canada</a></p>\n<p>When faced with improper statements made in fro...
[ "united-states", "court", "lawyer", "jury", "trial" ]
What constitutes elder abuse in the state of Missouri?
1
https://law.stackexchange.com/questions/32846/what-constitutes-elder-abuse-in-the-state-of-missouri
CC BY-SA 4.0
<p>My wife has a friend who lives in Missouri, and has power of attorney over her mother, who cannot take care of herself. The mother is in some kind of assisted living home in Missouri, and just got approval for Medi(caide? Care?) to pay for the housing.</p> <p>The friend has a tenuous relationship with her mother, w...
32,846
[ { "answer_id": 32847, "body": "<p>According to the <a href=\"https://health.mo.gov/safety/abuse/\" rel=\"nofollow noreferrer\">Missouri DHSS</a> Elder Abuse may include:</p>\n\n<blockquote>\n <ul>\n <li>Abuse – the infliction of physical, sexual, or emotional injury or harm including financial exploitatio...
[ "united-states", "trusts-and-estates", "missouri" ]
Can I use the Microsoft ODBC driver 18 for SQL Server in a commercial application?
0
https://law.stackexchange.com/questions/79861/can-i-use-the-microsoft-odbc-driver-18-for-sql-server-in-a-commercial-applicatio
CC BY-SA 4.0
<p>I am developing a web application that involves connecting PHP with SQL Server, in order to do so it was necessary to <a href="https://docs.microsoft.com/en-us/sql/connect/odbc/download-odbc-driver-for-sql-server?view=sql-server-ver15" rel="nofollow noreferrer">download and install the Microsoft ODBC Driver 18 for S...
79,861
[ { "answer_id": 81452, "body": "<p>This seems a generic license. You couldn't include the full package in your application, but for parts marked as distributable:</p>\n<blockquote>\n<p>DISTRIBUTABLE CODE. The software may contain code you are permitted to distribute (i.e. make available for third parties) in...
[ "software", "licensing" ]
Under which license does the GitHub co-pilot distribute code to it&#39;s subscribers?
2
https://law.stackexchange.com/questions/89464/under-which-license-does-the-github-co-pilot-distribute-code-to-its-subscribers
CC BY-SA 4.0
<p>The GitHub Co-pilot provide code as a service. As far as I know they use code from public repos of GitHub as suggestions to the developers. How they deal with different licenses on public repos and how consumers of these services are not bound by those licenses. I used co-pilot as a free trial once and it don’t give...
89,464
[ { "answer_id": 89521, "body": "<p>I am answering my own question based on the above comment from <code>Nicolas Formichella</code>. This Question will be answered by the court in this <a href=\"https://githubcopilotlitigation.com/\" rel=\"nofollow noreferrer\">class action</a>. An excerpt from the aforementi...
[ "licensing" ]
How does a prosecutor determine intent?
4
https://law.stackexchange.com/questions/11715/how-does-a-prosecutor-determine-intent
CC BY-SA 3.0
<p>When prosecutors look at a statute, how do they determine the requirements to prove intent?</p> <p>For example, look at this statute:</p> <blockquote> <p>“Whoever knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct ...
11,715
[ { "answer_id": 11721, "body": "<p>This is actually a very complicated question, about (1) the scope of \"knowingly\", (2) what kind of \"intent\" is required for conviction, (3) how does the jury understand and evaluate concepts of intent and (4) how does an attorney persuade the jury that the situation doe...
[ "trial", "definition", "legal-concepts", "statutes", "mens-rea" ]
Are there any exceptions to ipc article 7 ? (Indian law)
3
https://law.stackexchange.com/questions/88176/are-there-any-exceptions-to-ipc-article-7-indian-law
CC BY-SA 4.0
<p>Do words that have been explained in one part of the act have to neccesary be assigned the same meaning in another act ?</p>
88,176
[ { "answer_id": 89517, "body": "<p>The principle of special laws overriding general laws is applicable to the Indian Penal Code.</p>\n<p>For references where this has been applied, see paragraph 14;</p>\n<p><em>Ajoy Kumar Banerjee &amp; Ors. Etc vs Union Of India &amp; Ors. Etc</em></p>\n<p><a href=\"https:/...
[ "indian-constitutional-law", "indian-penal-code" ]
What&#39;s the difference between a body corporate and a corporation sole?
3
https://law.stackexchange.com/questions/89513/whats-the-difference-between-a-body-corporate-and-a-corporation-sole
CC BY-SA 4.0
<p>One of those instances where unfortunately there's not much to expand in this question apart from what's in the title.</p>
89,513
[ { "answer_id": 89514, "body": "<h2>A <a href=\"https://en.wikipedia.org/wiki/Legal_person\" rel=\"nofollow noreferrer\">body corporate</a> is another name for a company</h2>\n<p>Companies incorporated under the Companies Act or a foreign company.</p>\n<p>This definition is particular to the UK - in other ju...
[ "england-and-wales", "legal-terms", "corporate-law", "common-law" ]
How far does legal gymnastics go to remove liability?
4
https://law.stackexchange.com/questions/82887/how-far-does-legal-gymnastics-go-to-remove-liability
CC BY-SA 4.0
<p>Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all rights but disclaim all liabilities toward the customer. This includes a convoluted digital security system on the lift ...
82,887
[ { "answer_id": 82891, "body": "<p><a href=\"/questions/tagged/england-and-wales\" class=\"post-tag\" title=\"show questions tagged &#39;england-and-wales&#39;\" rel=\"tag\">england-and-wales</a></p>\n<p>&quot;A term in a consumer contract is unfair if, contrary to the requirement of good\nfaith, it causes a...
[ "united-states", "england-and-wales", "liability", "tort", "civil" ]
As a US citizen, what law requires me to pay income tax?
15
https://law.stackexchange.com/questions/4561/as-a-us-citizen-what-law-requires-me-to-pay-income-tax
CC BY-SA 3.0
<p>I've found content (especially from Irwin Schiff) that says there's no law requiring US citizens to pay income tax. Other sources claim that income tax is mandatory.</p> <p>If there really is no law requiring me to pay, I'd like to know (for obvious reasons).</p> <p>What law or laws do require me to pay? Or are ...
4,561
[ { "answer_id": 4563, "body": "<p>The Internal Revenue Code found at Title 26 of the United States Code. Title 26 is the full compilation of all the <strong>laws</strong> passed by Congress relating to tax liability and every other legal obligation, definition, exemption, exception, etc. The Internal Revenu...
[ "united-states", "tax-law", "frivolous-arguments" ]
Law governing federal use of the National Guard
0
https://law.stackexchange.com/questions/89498/law-governing-federal-use-of-the-national-guard
CC BY-SA 4.0
<p>Consider the following hypothetical:</p> <p>The President learns that China is going to arm Russia with weapons in its war in Ukraine. The United States, unlike Russia, is not on a war footing. Its economy is not mobilized and its citizens are not being mobilized to work production in the defense sector. Ukraine's m...
89,498
[ { "answer_id": 89509, "body": "<p>Congress could certainly bless this activity. The U.S. Constitution does not forbid it.</p>\n<p>As a practical matter, because the process of bidding defense contracts to procure goods for the military is enshrined in law and legislation, and because the National Guard does...
[ "united-states", "constitutional-law", "military" ]
Can a witness lodge an objection in response to a question?
12
https://law.stackexchange.com/questions/89494/can-a-witness-lodge-an-objection-in-response-to-a-question
CC BY-SA 4.0
<p>Suppose that a lawyer asks a question that may breach some court protocol. Is it acceptable for a witness to turn to the judge and say &quot;Objection!&quot; and possibly go on to explain the nature of the objection, whereupon the judge makes a ruling?</p>
89,494
[ { "answer_id": 89501, "body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged &#39;united-states&#39;\" aria-label=\"show questions tagged &#39;united-states&#39;\" rel=\"tag\" aria-labelledby=\"united-states-container\">united-states</a></p>\n<p>Generally, a...
[ "court" ]
What laws prove tax protesters are wrong?
-3
https://law.stackexchange.com/questions/89450/what-laws-prove-tax-protesters-are-wrong
CC BY-SA 4.0
<p>Tax protesters are frequently penalized for raising the &quot;frivolous&quot; argument that the individual income tax is not mandatory but voluntary.</p> <p>Can anyone provide the specific provision of the tax codethat states that the income tax on individuals (not businesses) is mandatory and not voluntary?</p> <p>...
89,450
[ { "answer_id": 89451, "body": "<p>The 16th Amendment to the Constitution says:</p>\n<p>&quot;The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.&quot;</p>\n<p>Congres...
[ "united-states", "income-tax", "frivolous-arguments" ]
What does the term &quot;falls under two or more seperate definitions of an offence&quot; mean in IPC section 71?
1
https://law.stackexchange.com/questions/89457/what-does-the-term-falls-under-two-or-more-seperate-definitions-of-an-offence
CC BY-SA 4.0
<p>Indian Penal Code section 71 states</p> <blockquote> <p>Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offen...
89,457
[ { "answer_id": 89505, "body": "<p>It means that the same fact patterns can create offences under different legislation, but due to <a href=\"https://en.wikipedia.org/wiki/Double_jeopardy\" rel=\"nofollow noreferrer\">double jeopardy</a> a defendant can only be punished once.</p>\n<p>See for example <em>The ...
[ "rules-of-court", "indian-penal-code", "double-jeopardy" ]
Can AI-generated text be considered defamation?
9
https://law.stackexchange.com/questions/89492/can-ai-generated-text-be-considered-defamation
CC BY-SA 4.0
<p>This question is inspired by recent news about some of the <a href="https://futurism.com/bing-ai-names-enemies" rel="noreferrer">strange, out-of-control behavior</a> from Microsoft's new Bing chat AI, but I am asking hypothetically here.</p> <p>If an AI chatbot such as Bing Chat or ChatGPT said factually untrue thin...
89,492
[ { "answer_id": 89503, "body": "<blockquote>\n<p>If an AI chatbot such as Bing Chat or ChatGPT said factually untrue things that did measurable harm to a real person's reputation, would that person have a case against the company that owns the chatbot for defamation?</p>\n</blockquote>\n<p>There can be liabi...
[ "united-states", "defamation", "artificial-intelligence" ]
Can courts consider hansard transcripts in interpreting statutes?
1
https://law.stackexchange.com/questions/89442/can-courts-consider-hansard-transcripts-in-interpreting-statutes
CC BY-SA 4.0
<p>When a court is trying to decide the meaning of a law, can it consider the discussions which begot it?</p>
89,442
[ { "answer_id": 89499, "body": "<p><a href=\"/questions/tagged/united-kingdom\" class=\"post-tag\" title=\"show questions tagged &#39;united-kingdom&#39;\" aria-label=\"show questions tagged &#39;united-kingdom&#39;\" rel=\"tag\" aria-labelledby=\"united-kingdom-container\">united-kingdom</a></p>\n<p>Yes. Th...
[ "united-kingdom", "england-and-wales", "common-law", "interpretation", "any-jurisdiction" ]
UK - Can a company ask employees to attend meetings on their own personal time, during normal work hours?
1
https://law.stackexchange.com/questions/89468/uk-can-a-company-ask-employees-to-attend-meetings-on-their-own-personal-time
CC BY-SA 4.0
<p>The meetings are training sessions for software that we use in our day to day, discussions about best practices, talking about learnings from a project etc. So not directly chargeable to a customer.</p> <p>Previously, the meetings were charged to an &quot;overhead&quot; - but due to the company not meeting its finan...
89,468
[ { "answer_id": 89496, "body": "<h2>Yes, they can ask</h2>\n<p>Provided you attendance is voluntary and there are no negative repercussions (other than missing the learning opportunity) for not attending. If you <em>have</em> to go, they <em>have</em> to pay you.</p>\n", "score": 3 } ]
[ "united-kingdom", "employment" ]
Why must claims against the police for human rights act breaches be brought within 1 year?
0
https://law.stackexchange.com/questions/89459/why-must-claims-against-the-police-for-human-rights-act-breaches-be-brought-with
CC BY-SA 4.0
<p>The standard limiation period is 6 years. So why are human rights act breaches - supposedly more serious than other matters - confined to one year?</p>
89,459
[ { "answer_id": 89485, "body": "<h2>Because HRA1998 says so, but it's not an absolute limit and is subject to discretion by the court:</h2>\n<blockquote>\n<p>(1)A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—</p>\n<p>(a)bring pro...
[ "england-and-wales", "civil-law", "police" ]
Is there a fee payable when applying to a First Tier Tribunal for recovery of a prohibited payment?
-1
https://law.stackexchange.com/questions/89452/is-there-a-fee-payable-when-applying-to-a-first-tier-tribunal-for-recovery-of-a
CC BY-SA 4.0
<p>If so, how much is the fee? Tenant Fees Act 2019 provides a special procedure and form TFA1 to recover banned fees, but must one pay a fee to file such an application?</p>
89,452
[ { "answer_id": 89483, "body": "<h2>Yes, it's £100.</h2>\n<p>See the schedule to the <a href=\"https://www.legislation.gov.uk/uksi/2016/807/schedule/made\" rel=\"nofollow noreferrer\">Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016</a> which substit...
[ "england-and-wales", "fees", "tribunal" ]
Is your child&#39;s name subject to copyright/trademark law?
0
https://law.stackexchange.com/questions/89476/is-your-childs-name-subject-to-copyright-trademark-law
CC BY-SA 4.0
<p>If I name my son &quot;Nintendo&quot;, and my son goes on to make headlines doing bad things, I can imagine the company named &quot;Nintendo&quot; wouldn't be too happy. Similarly if I named my kid &quot;Google&quot; or &quot;Microsoft&quot; or &quot;Sony&quot;, etc..</p> <p>As such, would the name you give your chi...
89,476
[ { "answer_id": 89478, "body": "<h2>NO</h2>\n<p>The Names of actual people can neither be trademarked nor <a href=\"https://www.copyright.gov/help/faq/faq-protect.html#:%7E:text=No.,Titles%2C%20or%20Short%20Phrases%22.\" rel=\"nofollow noreferrer\">can a name have a valid copyrighted</a>. There is no valid m...
[ "united-states", "copyright", "intellectual-property", "trademark", "name" ]
Can a researcher use YouTube videos to train a ML model?
0
https://law.stackexchange.com/questions/89479/can-a-researcher-use-youtube-videos-to-train-a-ml-model
CC BY-SA 4.0
<p>Manually migrating this from here because the answers were unsatisfactory: <a href="https://datascience.stackexchange.com/questions/26079/is-it-legal-to-scrape-youtube-videos-for-training-data">https://datascience.stackexchange.com/questions/26079/is-it-legal-to-scrape-youtube-videos-for-training-data</a></p> <p>Can...
89,479
[ { "answer_id": 89481, "body": "<p>The download/scrape would be a prima facie copyright infringement if the content is protected by copyright (most is) and not licenced for such use.</p>\n<p>This would be excused only if a fair use defence were established, which is a case-by-case assessment as described her...
[ "copyright", "fair-use", "distribution-terms" ]
What is &quot;distress,&quot; as in &quot;distress for rent&quot;?
5
https://law.stackexchange.com/questions/89446/what-is-distress-as-in-distress-for-rent
CC BY-SA 4.0
<p>There have been several distress for rent acts in the 17th and 18th centuries, which provide a right for distress. What is the nature of this right and the origin of its name?</p>
89,446
[ { "answer_id": 89447, "body": "<p>Distress or distraint refers to a right to seize the personal property of a wrong-doer to satisfy a demand. The landlord might seize your horse for non-payment of rent, under this right. For example (1414) &quot;Full power and autorite..the same tenantz and tenantdris til d...
[ "england-and-wales", "legal-terms", "legal-history", "any-jurisdiction" ]
FOIA to Office of Parliamentary Counsel to gain insight to the intentions of statutory minutiae
0
https://law.stackexchange.com/questions/89470/foia-to-office-of-parliamentary-counsel-to-gain-insight-to-the-intentions-of-sta
CC BY-SA 4.0
<p>Has it ever been done to FOIR the office of parliamentary counsel to find out whether certain minute idiosyncrasies judged by courts to be nonetheless unequivocal so as to reflect intentional distinctions were in fact reflective of intention to nuanced distinctions or simply coincidental oversights?</p> <p>I'm think...
89,470
[ { "answer_id": 89471, "body": "<p>Any such documents would be protected by parliamentary privilege. See <a href=\"https://ico.org.uk/media/for-organisations/documents/1161/section_34_parliamentary_privilege.pdf\" rel=\"nofollow noreferrer\">this primer</a> on the interaction between freedom-of-information r...
[ "united-kingdom", "interpretation", "foia" ]
Is there a Legal Requirement for Computer Companies to Include an Operating System when Selling a PC?
3
https://law.stackexchange.com/questions/51508/is-there-a-legal-requirement-for-computer-companies-to-include-an-operating-syst
CC BY-SA 4.0
<p>I asked a company if they could sell me a PC without an installed Operating System, as I plan to install my own. Their response was that <em>"We have to legally include a OS with all of our systems. So we include Windows 10."</em> It surprised me that this would be a legal issue rather than a company policy.</p> ...
51,508
[ { "answer_id": 51509, "body": "<h2>No</h2>\n<p>AFAIK there is no such legal requirement.</p>\n<p>Why this company told you there was I can’t speculate. But I will.</p>\n<p>There may be under contract with MicroSoft to put their OS on every box they sell - that would be a legal requirement. Or the just don’t...
[ "software", "business", "commerce", "hardware" ]
Who owns copyright of a photo taken by a camera after the timer is set to 10 seconds?
16
https://law.stackexchange.com/questions/89160/who-owns-copyright-of-a-photo-taken-by-a-camera-after-the-timer-is-set-to-10-sec
CC BY-SA 4.0
<p>Who owns copyright of a photo taken by a camera after the timer is set to 10 seconds? Is it the person who set the timer? But he/she didn't take any picture. A machine did.</p>
89,160
[ { "answer_id": 89162, "body": "<p>To the extent that the photograph is an expression of the operator's originality (e.g. framing, subject, angles, camera settings, etc.) <em>it is the operator who has the best claim to copyright</em>. Whether it was &quot;made by a machine&quot; misses the issue: what matte...
[ "copyright" ]
Can the owner of a limited liability company be penalized?
1
https://law.stackexchange.com/questions/18069/can-the-owner-of-a-limited-liability-company-be-penalized
CC BY-SA 3.0
<p>I'm wondering about the legal practice in different countries.</p> <p>If a person forms a limited liability company (LLC), and then completely abandons it, e.g. doesn't file taxes for the company etc., what will happen? (for example, due to sudden illness)</p> <p>In my experience, the company would be penalized, t...
18,069
[ { "answer_id": 18070, "body": "<p>Details vary by jurisdiction but, in general, a shareholder has no liability (more precisely their liability is limited to the value of their shares or guarantee) but a director can be civilly or criminally liable if they fail to discharge their duties as a director. These ...
[ "tax-law", "corporate-law" ]
Can loss sharing ratio of all the partners in the LLP&#160;be&#160;kept&#160;0%?
-1
https://law.stackexchange.com/questions/89402/can-loss-sharing-ratio-of-all-the-partners-in-the-llp-be-kept-0
CC BY-SA 4.0
<p>L.L.P. stands for Limited Liability Partnership. Profit and Loss sharing ratio &amp; relevant details.</p>
89,402
[ { "answer_id": 89404, "body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged &#39;united-states&#39;\" aria-label=\"show questions tagged &#39;united-states&#39;\" rel=\"tag\" aria-labelledby=\"united-states-container\">united-states</a></p>\n<blockquote>\n<...
[ "tax-law", "corporate-law", "partnership" ]
Does common law encompass criminal law?
2
https://law.stackexchange.com/questions/89430/does-common-law-encompass-criminal-law
CC BY-SA 4.0
<p>A recent answer distinguishes the two but I had always thought that common law includes both civil and criminal components. Does it not?</p>
89,430
[ { "answer_id": 89432, "body": "<h2>Yes. And also no.</h2>\n<p>See <a href=\"https://law.stackexchange.com/questions/22149/what-is-the-difference-between-common-law-and-civil-law-in-the-u-s/22151#22151\">What is the difference between Common Law and Civil Law in the U.S.?</a></p>\n<p>A common law system is a...
[ "criminal-law", "civil-law", "common-law" ]
What was the most direct predecessor to Human Rights Act 1998?
0
https://law.stackexchange.com/questions/89363/what-was-the-most-direct-predecessor-to-human-rights-act-1998
CC BY-SA 4.0
<p>HRA is said to be &quot;constitutional.&quot; Which is slightly peculiar, as &quot;constitutional&quot; acts often precede the majority of a republic's other active statutes, and come reasonably early in the republic's foundation.</p> <p>The UK is in the peculiar position of not in fact being a republic, yet still f...
89,363
[ { "answer_id": 89372, "body": "<h2>The <a href=\"https://en.wikipedia.org/wiki/1997_United_Kingdom_general_election\" rel=\"nofollow noreferrer\">1997 General Election</a></h2>\n<p>Incorporating the <a href=\"https://en.wikipedia.org/wiki/European_Convention_on_Human_Rights\" rel=\"nofollow noreferrer\">Eur...
[ "united-kingdom", "human-rights", "legal-history" ]
What is the state&#39;s obligation to provide a means to comply?
20
https://law.stackexchange.com/questions/89406/what-is-the-states-obligation-to-provide-a-means-to-comply
CC BY-SA 4.0
<p>The jurisdiction is Washington State, the specific situation is the purchase of a vintage automobile that had been abandoned. The vehicle was not running at the time, and had no title or registration.</p> <p>I had the Department of Licensing run a search which came back with no results, but they only claim to go ba...
89,406
[ { "answer_id": 89410, "body": "<p>The state of Washington does not have an <em>absolute</em> requirement that vehicles must be registered. What it has is <a href=\"https://app.leg.wa.gov/RCW/default.aspx?cite=46.16A.030\" rel=\"noreferrer\">RCW 46.16A.030 (2)</a>:</p>\n<blockquote>\n<p>(2) It is unlawful f...
[ "automotive" ]
On what basis is every Englishman presumed to know the laws of his country?
5
https://law.stackexchange.com/questions/89366/on-what-basis-is-every-englishman-presumed-to-know-the-laws-of-his-country
CC BY-SA 4.0
<p>In a previous question's answer, @motosubatsu quoted a passage from James Bigg, Esq. stating this as a &quot;legal axiom.&quot;</p> <p>Where does this perception arise from?</p>
89,366
[ { "answer_id": 89367, "body": "<p>I <em>think</em> it's ultimately a natural extension of the basic concept from Roman Law: <a href=\"https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat\" rel=\"noreferrer\"><em>ignorantia legis non excusat</em></a>, i.e &quot;ignorance of the law excuses not&quot; an...
[ "england-and-wales", "legal-history" ]
what is the meaning and implication of this phrase?
0
https://law.stackexchange.com/questions/89428/what-is-the-meaning-and-implication-of-this-phrase
CC BY-SA 4.0
<blockquote> <p>No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force</p> </blockquote> <p>does this neccesarily mean that if there is a later law that has the same defini...
89,428
[ { "answer_id": 89435, "body": "<blockquote>\n<p>what is the meaning and implication of this phrase?</p>\n</blockquote>\n<p>It means that multiple penalties may be applied if the defendant's same act was in violation of multiple laws that were in force when the act took place.</p>\n<blockquote>\n<p>does this...
[ "interpretation" ]
How is sexual intent proven or disproven in Indian criminal law?
2
https://law.stackexchange.com/questions/89292/how-is-sexual-intent-proven-or-disproven-in-indian-criminal-law
CC BY-SA 4.0
<p>The Indian Penal Code states that</p> <blockquote> <p>physical contact and advances involving unwelcome and explicit sexual overtures</p> </blockquote> <p>is guilty of sexual harassment. Pikewise, POCSO act sections 7 and 11 state</p> <blockquote> <p>Whoever, with sexual intent touches the vagina, penis, anus or bre...
89,292
[ { "answer_id": 89294, "body": "<p>Sexual intent is proven (or disproven) like any other form of intent. A confession is not necessary, although that is one available method. It may be inferred with proof from circumstantial evidence.</p>\n<p>Any combination of direct and circumstantial evidence is allowed. ...
[ "legal-terms", "definition", "indian-penal-code", "sexual-offences" ]
A case of discrimination?
1
https://law.stackexchange.com/questions/65351/a-case-of-discrimination
CC BY-SA 4.0
<p>Adam has a &quot;philosophical belief&quot; that the fairness of most forms of discrimination is debatable, as a special case of his belief that most anything should be debatable in a democratic society. He expresses this belief to Bob, who condemns the belief and cuts off communication. Did Bob discriminate against...
65,351
[ { "answer_id": 65353, "body": "<p>Under <a href=\"https://www.legislation.gov.uk/ukpga/2010/15\" rel=\"nofollow noreferrer\">The Equality Act 2010</a> §13(1),</p>\n<blockquote>\n<p>A person (A) discriminates against another (B) if, because of a\nprotected characteristic, A treats B less favourably than A tr...
[ "united-kingdom", "discrimination" ]
If you get hired but notify the other party you are cancelling the contract before starting, can you get sued, if there are no clauses covering this?
2
https://law.stackexchange.com/questions/89336/if-you-get-hired-but-notify-the-other-party-you-are-cancelling-the-contract-befo
CC BY-SA 4.0
<p>In the UK, if you are offered a contract role (inside or outside IR35), accept it and you cancel the contract before the start date and if the contract doesn't mention any clauses for this, could you be sued for anything at all? (Say you get a better offer somewhere else while you were waiting for the start date of ...
89,336
[ { "answer_id": 89340, "body": "<h2>Yes, you could be sued</h2>\n<p>Assuming that you have a valid contract, then failing to perform your obligations is a breach and the other party can sue for damages. The damages for breach of contract are for them to be restored to the position they would have been if the...
[ "united-kingdom" ]
How often can you appeal a rejection of the appeal(s) made?
1
https://law.stackexchange.com/questions/89405/how-often-can-you-appeal-a-rejection-of-the-appeals-made
CC BY-SA 4.0
<p>How often can you appeal a rejection of the appeal(s) made regarding a penalty fare notice?</p> <p>The appeal is appealing to the good nature and sense of humanity and justice, as the initial appeal was rejected. There was no specific reason how and why they came to conclude with a rejection. It simply claimed that ...
89,405
[ { "answer_id": 89416, "body": "<p>You didn't bother to state who this appeal is with or even where you are but I'm almost certain I know the answer.</p>\n<p>Just once.</p>\n<p>If the appeal is denied, you may be able to appeal to a higher body such as a higher court or an ombudsman. However, any group or co...
[ "corporate-law", "appeal", "penalty", "public-transport" ]
The flag must be at least 30 centimetres long on each of the four sides of &quot;the square&quot;
-1
https://law.stackexchange.com/questions/89412/the-flag-must-be-at-least-30-centimetres-long-on-each-of-the-four-sides-of-the
CC BY-SA 4.0
<p>Hello ~ Does &quot;square&quot; in &quot;<a href="https://www.alberta.ca/traffic-laws.aspx" rel="nofollow noreferrer">during daylight hours, a red flag should be attached to the end of the extension or load. The flag must be at least 30 centimetres (one foot) long on each of the four sides of the square</a>&quot; re...
89,412
[ { "answer_id": 89415, "body": "<p>The sentence clearly, from its structure and plain grammatical construction, refers to the flag and does not refer to the extension of the load. This is also the only construction of the language that makes sense. The load would not necessarily be square and could have larg...
[ "traffic" ]
What is/was a court of &quot;judicature,&quot; and how is it named?
0
https://law.stackexchange.com/questions/89389/what-is-was-a-court-of-judicature-and-how-is-it-named
CC BY-SA 4.0
<p>Supreme court of judicature etc. I feel like it may even still be a thing in Scotland, but you see it in older EWCA decisions. What does the word mean and what does it note to qualify a court's name with it?</p>
89,389
[ { "answer_id": 89390, "body": "<p>My understanding is that is simply another term for a &quot;court of law&quot; or for a &quot;court of justice&quot;. All of those terms simply mean a court, a place where judgements under law are made. Which term is used is a matter of history and tradition, or perhaps of ...
[ "england-and-wales", "legal-terms", "court" ]
Can investors protect their business idea?
0
https://law.stackexchange.com/questions/89409/can-investors-protect-their-business-idea
CC BY-SA 4.0
<p>Suppose that Alice is the developer/founder of the Uber app and finds an investor for the startup company resulting in the existing Uber company. Suppose also that there is no Lyft or UberEats app out there yet. Which one of the following is possible for Alice to do and not be successfully sued by the investor:</p>...
89,409
[ { "answer_id": 89411, "body": "<p>An investor can require, as a condition of making an investment, that key management and creative employees of the company agree to a non-compete agreement. If such employes choose not to sign such an agreement, the investor will not invest. This is quite common.</p>\n<p>I...
[ "copyright", "contract-law", "licensing", "business", "investment" ]
Do investors have any copyrights on the application they invest on?
-3
https://law.stackexchange.com/questions/89299/do-investors-have-any-copyrights-on-the-application-they-invest-on
CC BY-SA 4.0
<p>Considering I am the founder of Instagram, it means I have written 100% of the application code by myself, then found an investor and they put some money into the startup and got 30% of the new established company's shares.</p> <p>Then I decided to make some modifications and change some of the ideas and create anot...
89,299
[ { "answer_id": 89301, "body": "<p>First of all being the &quot;founder&quot; of a startup in no way implies that one wrote all the code of the startup's primary or signature app. The founder could have hires coders, or had partners, or used open source code.</p>\n<p>But let's make some assumptions. Suppose ...
[ "copyright", "contract-law", "intellectual-property", "data-protection", "investment" ]
What are the consequences (if any) of admitting to a crime one did not commit?
6
https://law.stackexchange.com/questions/89351/what-are-the-consequences-if-any-of-admitting-to-a-crime-one-did-not-commit
CC BY-SA 4.0
<p>Say that Vicky the Victim is murdered by Mark the murderer. However, Mark's best friend Fred doesn't want Mark to go to jail. So Fred admits to the murder, trying to take the fall in Mark's stead.</p> <p>In the worst case, obviously, Fred is convicted for the murder and serves the relevant murder sentence. But if, s...
89,351
[ { "answer_id": 89355, "body": "<p>A confession is (usually) taken after the court finishes its pre-trialing stage. There is a weightage and importance of such confession determined before the calculation of the gravity score of such crime.</p>\n<p>If the attorney somehow (fakely) proves Fred as the killer, ...
[ "united-states", "criminal-law", "california", "perjury", "false-arrest" ]
Why is the term forfeiture used to describe the landlord&#39;s act of &quot;taking back&quot; a property?
2
https://law.stackexchange.com/questions/89379/why-is-the-term-forfeiture-used-to-describe-the-landlords-act-of-taking-back
CC BY-SA 4.0
<p>Forfeit generally denies relinquishment or loss, and yet it is the term used to describe the landlord's role in the dance as they resume possession of a place. What is behind this?</p>
89,379
[ { "answer_id": 89400, "body": "<p>Forfeit can be used as a verb. When the landlord &quot;takes steps to forfeit a lease&quot; it means that the landlord is causing the lease to be canceled, to be placed in forfeiture. It is the tenant who forfeits right in such a case, but the landlord who takes action. to...
[ "legal-terms", "common-law", "tenancy" ]
What is the status of polygamy for Hindus in Goa?
5
https://law.stackexchange.com/questions/88330/what-is-the-status-of-polygamy-for-hindus-in-goa
CC BY-SA 4.0
<p>As per the Constitution of India, Marriage is in the concurrent list. Thus, both the <a href="https://en.m.wikipedia.org/wiki/Union_Government" rel="nofollow noreferrer">Union</a> and the State can make laws on Marriage. The Union Government Law supersedes the state in case of ambiguity.</p> <p>The <a href="https://...
88,330
[ { "answer_id": 88344, "body": "<blockquote>\n<p>The Union Government Law supersedes the state in case of ambiguity ... What exactly is the status of polygamy for hindus in Goa?</p>\n</blockquote>\n<p>The Union law need not necessarily supersede the state law. <em>Article 254(2)</em> of the indian constituti...
[ "india", "federalism", "marriage" ]
Why do tenancies seem to be treated as such a sacred and weighty construct under English law?
2
https://law.stackexchange.com/questions/89376/why-do-tenancies-seem-to-be-treated-as-such-a-sacred-and-weighty-construct-under
CC BY-SA 4.0
<p>It's easy to imagine all kinds of simple answers appealing to the profundity of what it means to own or control land, but honestly in the post-Thatcher era of S21 no fault possessions, one's connection to a tenancy is quite fleeting at best.</p> <p>Yet the common law mechanisms governing tenacies, their assumption, ...
89,376
[ { "answer_id": 89398, "body": "<p><strong>Brief history of landlord and tenant</strong></p>\n<p>Historically most &quot;tenancies&quot; have been defined by long-term obligations.</p>\n<p>Indeed one of the defining features of serfdom is that the serf <em>cannot be alienated from the land</em>. The overlord...
[ "england-and-wales", "common-law", "tenancy" ]
What is the legal definition of a day of pay for someone on an annual salary?
-1
https://law.stackexchange.com/questions/89356/what-is-the-legal-definition-of-a-day-of-pay-for-someone-on-an-annual-salary
CC BY-SA 4.0
<p><strong>Background:</strong></p> <p>A friend of mine was recently let go from a job. They negotiated for their notice period plus 8 day's pay (the 8 day's pay was called a 'termination award' in the payslip). The job was 5 days a week (Monday to Friday), with an annual salary.</p> <p>In the final payslip, the accrue...
89,356
[ { "answer_id": 89396, "body": "<p><strong>The legal approach</strong></p>\n<p>Unless there is something unusual about the situation, the courts tend to analyse &quot;salaries&quot; as the quid pro quo for &quot;time work&quot;, and when a salary expressed as an annual amount falls to be pro-rated, it is div...
[ "england-and-wales", "employment" ]
What happens if police force you do something based on a supposed violation of a statute or ordinance they cannot name?
9
https://law.stackexchange.com/questions/89099/what-happens-if-police-force-you-do-something-based-on-a-supposed-violation-of-a
CC BY-SA 4.0
<p>I park on the street in front of my house, because it is very convenient - I can for instance, get to and from my car without rousing my dogs or waking up family.</p> <p>I had the police come one evening and tell me I had to move my car. When I asked what ordinance I violated (this was info I wanted to pass on to my...
89,099
[ { "answer_id": 89101, "body": "<p>It seems you found out what happened. The police are wrong all the time and usually absolutely nothing happens from it.</p>\n<p>The police are not required to tell you why you are being arrested. See supreme court case Devenpeck v. Alford. The court merely considers that to...
[ "united-states", "police", "louisiana" ]
Can I turn cryptocurrency into giftcards without being taxed?
-6
https://law.stackexchange.com/questions/89377/can-i-turn-cryptocurrency-into-giftcards-without-being-taxed
CC BY-SA 4.0
<p>Alright, so my idea is to trade crypto then turn it into giftcards since I don't have a bank account. I want to make sure taxes don't apple. Thanks for any help!</p>
89,377
[ { "answer_id": 89393, "body": "<p>No.</p>\n<p>This does not work. When the transfer your crypto in exchange for something else that is a taxable disposition of the crypto and any appreciation in value it has experienced is subject to capital gains taxation.</p>\n<p>If you don't self-report it, you are commi...
[ "cryptocurrency" ]
What is the point of Devotion of All Working Time clauses?
3
https://law.stackexchange.com/questions/55239/what-is-the-point-of-devotion-of-all-working-time-clauses
CC BY-SA 4.0
<p>In an employment contract I red:</p> <p>Devotion of All Working Time: During your employment, you shall devote the whole of your work time, attention and abilities to your duties and shall give the Company the full benefit of your knowledge, expertise, ingenuity and technical skills.</p> <p>I was told this is not to...
55,239
[ { "answer_id": 55253, "body": "<p>Usually, a clause like this is used in contracts of full time managerial or professional employees of a business who are employed on a salaried or commissioned, as opposed to an hourly basis, in positions that are exempt from overtime requirements.</p>\n<p>It basically proh...
[ "contract-law", "definition", "employment" ]
Are Rule of law and qualified immunity doctrines compatible?
1
https://law.stackexchange.com/questions/89361/are-rule-of-law-and-qualified-immunity-doctrines-compatible
CC BY-SA 4.0
<p>Are qualified immunity doctrines compatible with &quot;rule of law&quot; -- the notion of the law giving equal rights and obligations to citizens? Can things like death penalty or immunity from prosecution be justified under rule of law?</p>
89,361
[ { "answer_id": 89362, "body": "<p>&quot;Rule of law&quot; is one thing, &quot;giving equal rights and obligations to citizens&quot; is another. Qualified immunity, both in doctrinal and statutory form, are statements of law, e.g. saying that a police officer has the power to use force in a manner that other...
[ "constitutional-law" ]
At what stage in history did intervention of courts become required for tenant evictions?
5
https://law.stackexchange.com/questions/89330/at-what-stage-in-history-did-intervention-of-courts-become-required-for-tenant-e
CC BY-SA 4.0
<p>In England and other common law jurisdictions (I assume throughout most of the world in fact) a tenant doesn't automatically lose entitlement to their home once they stop paying rent for whatever reason, or otherwise peeve the landlord. Or, perhaps they do, but a court order is almost always a prerequisite of enforc...
89,330
[ { "answer_id": 89371, "body": "<p>This is only a partial answer and admittedly doesn't establish when residential and commercial leases for money rent came to be enforced by court evictions rather than by landlord self-help.</p>\n<p>But it does establish an earliest time period in which this could have happ...
[ "england-and-wales", "common-law", "legal-history", "eviction", "any-jurisdiction" ]
Legality of promising to refrain from tipping another off?
0
https://law.stackexchange.com/questions/89388/legality-of-promising-to-refrain-from-tipping-another-off
CC BY-SA 4.0
<p>X discovers that he has a valuable cause of action against Z, and decides to use it as leverage against Z, but it isn't quite enough leverage to counter Z in the way X would like. However, he realises that his discovery would also be relevant to Y, who would be equally eligible to pursue the cause of action against ...
89,388
[ { "answer_id": 89391, "body": "<p>If X says to Z &quot;Do what I want, or I will tell Y soemthign that will be to your disadvantage&quot; that is blackmail or extortion in many, probably most common-law jurisdictions (quite probably in civil-law ones also, but I am less sure of that). So doing that would be...
[ "contract-law", "common-law", "settlement", "consideration" ]
In a contract what is the clearest way to state which country&#39;s currency is being used? Why is there so much variation to these terms?
0
https://law.stackexchange.com/questions/89384/in-a-contract-what-is-the-clearest-way-to-state-which-countrys-currency-is-bein
CC BY-SA 4.0
<p>I noticed in written contracts there are various ways to state which currency is to be used for money. What is the difference between 'legal tender' and 'lawful money'? Is it more clear just to say 'US Dollars' or 'Canadian Dollars'. I guess some countries don't use the word dollar for example Swiss franc or British...
89,384
[ { "answer_id": 89386, "body": "<p>You just say &quot;all payments are in Swiss France&quot; or &quot;all payments are in Thai Baht&quot; or &quot;all payments are in Euro&quot; (they are all interchangeable) or &quot;all payments are in Australian Dollars&quot;. You wouldn't say &quot;Dollars&quot; because ...
[ "contract-law", "legal-terms", "currency" ]
Are judgments composed of paragraphs or sections?
0
https://law.stackexchange.com/questions/89375/are-judgments-composed-of-paragraphs-or-sections
CC BY-SA 4.0
<p>They seem to comprise numbered segments, but how are these referred to? Is there any conventional notation?</p>
89,375
[ { "answer_id": 89380, "body": "<p>This will vary from judge to judge, and perhaps from case to case even for the same judge. The most common practicve might vary from court to court.</p>\n<p>In the case of the US Supreme court, different decisions are organized in different ways. Some have sections labeled ...
[ "legal-citation", "notation" ]
Is forcibly smearing someone with feces a crime, and which one?
2
https://law.stackexchange.com/questions/89258/is-forcibly-smearing-someone-with-feces-a-crime-and-which-one
CC BY-SA 4.0
<p>In February 2023, <a href="https://www.theguardian.com/world/2023/feb/13/german-ballet-director-smeared-poo-face-of-critic-who-wrote-negative-review-hanover-state-opera" rel="nofollow noreferrer">a German ballet director forcibly smeared dog feces into the face of a journalist</a>. The director said the journalist h...
89,258
[ { "answer_id": 89264, "body": "<p><strong>tl;dr</strong>: As far as I can see, in <a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged &#39;germany&#39;\" aria-label=\"show questions tagged &#39;germany&#39;\" rel=\"tag\" aria-labelledby=\"germany-container\">germany</a> th...
[ "criminal-law", "germany" ]
How illegal is it to give your prescription medicine to another person (in any amount)?
2
https://law.stackexchange.com/questions/89042/how-illegal-is-it-to-give-your-prescription-medicine-to-another-person-in-any-a
CC BY-SA 4.0
<p>Is it expressly illegal to give even one pill of a prescription medicine you have to another person? If so, what law says this, and under what terms? If not, what are the minimum terms, for example, amount, before giving someone else your prescription medicine becomes a crime? And even then, how prosecutable / prose...
89,042
[ { "answer_id": 89046, "body": "<p><a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged &#39;germany&#39;\" aria-label=\"show questions tagged &#39;germany&#39;\" rel=\"tag\" aria-labelledby=\"germany-container\">germany</a></p>\n<blockquote>\n<p>How illegal is it to give yo...
[ "criminal-law", "medical", "interpretation", "drugs", "prosecution" ]
Can an AI admit to guilt?
0
https://law.stackexchange.com/questions/89348/can-an-ai-admit-to-guilt
CC BY-SA 4.0
<p><a href="https://www.bloomberg.com/news/articles/2023-02-17/openai-is-faulted-by-media-for-using-articles-to-train-chatgpt?srnd=technology-vp" rel="nofollow noreferrer">OpenAI is being sued</a> for using content that it has no right to access.</p> <p>Someone asked ChatGPT what sources they used and the AI replied wi...
89,348
[ { "answer_id": 89352, "body": "<h2>No</h2>\n<p>Can a Dog admit guilt in court? Can a car have and admit guilt? No. AI is nothing but property and a piece of evidence, just like a dog or car. It is not a person and thus can not admit to anything. Everything the AI <em>says</em> is <strong>evidence</strong>, ...
[ "artificial-intelligence" ]
What was the impetus for the Offences Against the Persons Act 1861?
4
https://law.stackexchange.com/questions/89364/what-was-the-impetus-for-the-offences-against-the-persons-act-1861
CC BY-SA 4.0
<p>Why in the mid nineteenth century of all times was there seen to be an overhaul of the provisions which surely existed in other forms previously barring such age old offences as assault/rape/murder/etc? What brought about OATPA1861?</p>
89,364
[ { "answer_id": 89365, "body": "<p>In simple terms it was part of a wider effort to consolidate and simplify criminal law referred to as the <a href=\"https://en.wikipedia.org/wiki/Criminal_Law_Consolidation_Acts_1861\" rel=\"noreferrer\">Criminal Law Consolidation Acts 1861</a> (which were themselves revisi...
[ "criminal-law", "england-and-wales", "legal-history" ]
Can I use the name Winky Dink in my book titile?
-1
https://law.stackexchange.com/questions/89357/can-i-use-the-name-winky-dink-in-my-book-titile
CC BY-SA 4.0
<p>I want to write a book about an experience with my siblings that affected my whole life and I wanted to title it &quot;My Winky Dink Syndrome&quot; or &quot;Winky Dink and Me&quot;</p> <p><a href="https://en.wikipedia.org/wiki/Winky_Dink_and_You" rel="nofollow noreferrer">Winky Dink and You</a> was an American chil...
89,357
[ { "answer_id": 89358, "body": "<p>We can't tell you if you can do that or not, because that would be specific legal advise. You should consult an attorney who specializes in trademark law to get an estimation of how risky it would be to use that name. So I am just giving you a couple general pointers.</p>\n...
[ "trademark" ]
What would be the sequence of events necessary in order for social media websites to be considered common carriers?
4
https://law.stackexchange.com/questions/78352/what-would-be-the-sequence-of-events-necessary-in-order-for-social-media-website
CC BY-SA 4.0
<p>There has been a lot of cries for social media platforms to be regulated as common carriers. However, what would be the actual, concrete events that must happen for such a thing to happen?</p> <p>Does it require an explicit act of congress, for social media platforms to be regulated as common carriers?</p> <p>Can so...
78,352
[ { "answer_id": 78353, "body": "<blockquote>\n<p>However, what would be the actual, concrete events that must happen for [common carrier classification] to happen?</p>\n</blockquote>\n<p>Congress would have to pass such laws, since social media platforms are currently covered by a different set of rules. In ...
[ "united-states", "first-amendment", "social-media" ]
How does Unionization in the USA work?
1
https://law.stackexchange.com/questions/78145/how-does-unionization-in-the-usa-work
CC BY-SA 4.0
<p>I can't seem to be able to find and simple explanation as to how unionization in the USA works.</p> <p>I watched the documentary &quot;American Factory&quot; and the workers basically rejected unionization plans.</p> <p>My question is, how often can unionization votes be held?</p> <p>If one vote fails today, can ano...
78,145
[ { "answer_id": 78151, "body": "<p>First of all, the question seems to misunderstand what &quot;union elections&quot; are about. They do not involve forming or joining a union. Under <a href=\"https://www.law.cornell.edu/uscode/text/29/157\" rel=\"nofollow noreferrer\">29 USC 157</a> all employees have the r...
[ "united-states", "unions" ]
If the Jury considers evidence that should be discarded in the US, what would the result be?
10
https://law.stackexchange.com/questions/89272/if-the-jury-considers-evidence-that-should-be-discarded-in-the-us-what-would-th
CC BY-SA 4.0
<p>This comes from the movie <a href="https://www.imdb.com/title/tt25377462/" rel="noreferrer">A Guilty Conscience</a>, which may be one of the best movies of the past 20 years in Hong Kong and its box office is the highest ever.</p> <p><strong>Movie Spoiler Warning</strong></p> <p>What if the defendant's lawyer obtain...
89,272
[ { "answer_id": 89285, "body": "<h2>The jury would never hear the recording</h2>\n<p>The recording and its provenience would be provided to the prosecution who would, rightly, have issues with its admissibility. The defence and prosecution would make submissions on this to the judge, normally well before the...
[ "united-states", "evidence", "jury", "rules-of-evidence" ]
Time limits in requesting discovery?
2
https://law.stackexchange.com/questions/89343/time-limits-in-requesting-discovery
CC BY-SA 4.0
<p>Is there a time limit for an opposing side to ask for discovery in a civil suit in MA?</p>
89,343
[ { "answer_id": 89346, "body": "<p>Yes. The court will at some point establish a case-management schedule, which will tell the parties when they need to complete discovery.</p>\n", "score": 2 } ]
[ "discovery", "time-periods" ]
When is copyright infringement committed?
0
https://law.stackexchange.com/questions/24517/when-is-copyright-infringement-committed
CC BY-SA 3.0
<p>I sometimes get confused about copyright. I've heard two things</p> <ol> <li>The abstract idea is never protected, so you can 'copy' the idea behind someone else's work and use it as your own. </li> <li>Just changing the names/wording of someone else's work doesn't make it your own. </li> </ol> <p>I don't get how ...
24,517
[ { "answer_id": 24523, "body": "<p>If you <em>change</em> someone else's work, then you create a derived work, which according to copyright law requires permission of the copyright owner. The point is that you start with someone else's work and change it. </p>\n\n<p>If you create your work from scratch, and ...
[ "copyright", "intellectual-property", "software" ]
Is panhandling protected under the 1st amendment?
1
https://law.stackexchange.com/questions/89341/is-panhandling-protected-under-the-1st-amendment
CC BY-SA 4.0
<p>Jeff Grey is a 1st amendment auditor. He goes to different PUBLIC locations with a sign that reads &quot;god bless the homeless veterans&quot;. He does not ask for money but simply states the same thing the sign reads. Many times when the police show up. They claim he is panhandling to which he states that even if h...
89,341
[ { "answer_id": 89344, "body": "<p>In Washington, at the state level, there is no law against &quot;panhandling&quot;. I found a small town that has an <a href=\"https://www.codepublishing.com/WA/Sultan/html/Sultan08/Sultan0812.html\" rel=\"nofollow noreferrer\">ordinance related to &quot;panhandling&quot;</...
[ "united-states", "first-amendment", "panhandling" ]
What significance do specified damages figures have in a civil suit?
0
https://law.stackexchange.com/questions/89331/what-significance-do-specified-damages-figures-have-in-a-civil-suit
CC BY-SA 4.0
<p>The suit filed in Los Angeles over the 1968 Romeo and Juliet film is reported in the Guardian which says:</p> <blockquote> <p>Damages are being sought “believed to be in excess of $500m”.</p> </blockquote> <p>What is the significance of the figure provided by the party seeking damages? I'm not asking about the merit...
89,331
[ { "answer_id": 89337, "body": "<p>There is some significance to the amount claimed, but not much and mostly at the low end.</p>\n<ul>\n<li><p>The existence of some damages caused by wrongful conduct is an element of some, but not all, claims for relief in lawsuits.</p>\n</li>\n<li><p>In some courts, the amo...
[ "united-states", "damages", "any-jurisdiction", "civil-damages" ]
Why did French have such a lasting influence on the English legal lexicon?
0
https://law.stackexchange.com/questions/89311/why-did-french-have-such-a-lasting-influence-on-the-english-legal-lexicon
CC BY-SA 4.0
<p>It seems so pervasive but, still confusing that we don't simply use French altogether for legal purposes, which I suppose was done at one time. But why were certain terms kept from French, while the rest of the language used reverted to English? It would make a bit of sense if there had been no terms available in En...
89,311
[ { "answer_id": 89326, "body": "<h2>Because the Normans spoke French.</h2>\n<p>The English Nobility didn't speak English till the 14th century at all. Why? Because <a href=\"https://linguistics.stackexchange.com/questions/4178/why-did-england-not-maintain-french-as-a-spoken-language\">the Norman Nobility spo...
[ "england-and-wales", "legal-history", "france" ]
Why is a lawsuit a &quot;suit&quot;?
10
https://law.stackexchange.com/questions/89333/why-is-a-lawsuit-a-suit
CC BY-SA 4.0
<p>Where does the term &quot;law suit&quot; for a legal case come from? It seems to perhaps only be used to refer to civil cases, however. Also, is it a purely American (USA) term or does it also find use elsewhere?</p>
89,333
[ { "answer_id": 89334, "body": "<p>The historical root is Old French sieute, sivre meaning &quot;follow, pursue&quot;. You pursue your defendant in court. This is an ordinary legal term in post-Norman England. The root is also invoked every time the government pro<em>secu</em>tes a person for a crime. The ex...
[ "legal-terms" ]
Is MailChimp compliant with GDPR?
2
https://law.stackexchange.com/questions/77737/is-mailchimp-compliant-with-gdpr
CC BY-SA 4.0
<p>In light of recent news of Facebook not being compliant with GDPR because it processes data in USA and not in europe, would a website using MailChimp for newsletter be GDPR compliant since it is based in USA and holds the data there?</p> <p>Their website claims that they are compliant with GDPR, but just looking at ...
77,737
[ { "answer_id": 77745, "body": "<p>Mailchimp as a company is probably mostly GDPR-compliant. But this doesn't mean that <em>using</em> the Mailchimp service would be compliant as well.</p>\n<p>This is because the GDPR has different compliance obligations for “data controllers” and “data processors”. The data...
[ "gdpr", "european-union", "email-marketing" ]
What is the minimum sentence for murder in Japan?
11
https://law.stackexchange.com/questions/89313/what-is-the-minimum-sentence-for-murder-in-japan
CC BY-SA 4.0
<p>In the Yakuza series, several characters are sent to jail for murder, but it's only ever for 10-15-ish years. I was wondering if this was at all realistic, since I'm only aware of people going to jail for murder for 50+ years.</p> <p>For the record, the relevant jurisdiction is Tokyo, and the murders were evidently ...
89,313
[ { "answer_id": 89314, "body": "<p><a href=\"https://www.japaneselawtranslation.go.jp/en/laws/view/3581#je_pt2ch28at1\" rel=\"noreferrer\">Article 199 of the Penal Code</a>, as it appears from changes up to 2017, says:</p>\n<blockquote>\n<p>人を殺した者は、死刑又は無期若しくは五年以上の懲役に処する。<p>A person who kills another person i...
[ "criminal-law", "murder", "law-in-fiction", "sentencing", "japan" ]
What is the legality of distributing free software that displays another website page after automated reformatting and editing
0
https://law.stackexchange.com/questions/89315/what-is-the-legality-of-distributing-free-software-that-displays-another-website
CC BY-SA 4.0
<p>I recently noticed that local news sites are terrible in that they transfer ludicrous amounts of data, never stop transferring data, and load an obnoxious number of ads and pop ups. As a result they are often very slow to load and reading the articles can be a challenge and is hardly pleasant. Disabling JavaScript...
89,315
[ { "answer_id": 89318, "body": "<p>Hosting copyrighted material on your servers is probably a bad idea, but software that changes how such material is displayed is likely fine – and there already are tools doing similar things.</p>\n<p>For example, the news publisher <em>Axel Springer</em> sued adblocker mak...
[ "copyright", "internet", "software" ]
Are there legal cases related to trademark infringement for using names inside a work?
0
https://law.stackexchange.com/questions/89309/are-there-legal-cases-related-to-trademark-infringement-for-using-names-inside-a
CC BY-SA 4.0
<p>Are there any legal cases regarding trademark infringement when a name is used <em>inside</em> a work? E.g a video game containing a location named using a trademarked name.</p>
89,309
[ { "answer_id": 89317, "body": "<p>You cannot copyright or trademark a name. Trademarks typically are more than just a name, but include stylizations including font, coloring, logos, or other icons and symbols. For example, The Golden Arches of McDonalds or the Nike Swish logo. In writing, these two sym...
[ "united-states", "trademark", "legal-research", "case-law" ]
Is there any way to penalize fundraising that is based in part on frivolous lawsuits?
2
https://law.stackexchange.com/questions/87278/is-there-any-way-to-penalize-fundraising-that-is-based-in-part-on-frivolous-laws
CC BY-SA 4.0
<p>In a purely hypothetical question...let's set the hypothetical in Arizona in the United States as a default jurisdiction for the question, although other U.S. jurisdictions would be useful and of course around the world would be interesting.</p> <p>Let's posit an individual is crowdfunding an organized effort to c...
87,278
[ { "answer_id": 87301, "body": "<blockquote>\n<p>Does using the courts in this way violate any law other than the\nindividual sanctions for improper suits?</p>\n</blockquote>\n<p>Not really. Such an organization would probably have to be classified as some form of non-profit other than a 501(c)(3) in most ca...
[ "united-states", "fraud", "arizona", "frivolous-arguments" ]
Do companies have a legal right to force you to use their server after you have purchased their hardware?
1
https://law.stackexchange.com/questions/89306/do-companies-have-a-legal-right-to-force-you-to-use-their-server-after-you-have
CC BY-SA 4.0
<p>I have purchased several &quot;Internet of Things&quot; devices that, by default, come with an app that lets you turn it on and off. They use normal WiFi to communicate and are screwed into the walls so are now awkward to replace.</p> <p>The default app communicates with the server that is provided by the British se...
89,306
[ { "answer_id": 89307, "body": "<h2>You can replace the software on the device</h2>\n<p><strong>The supplier does not have to help you to do so</strong></p>\n<p>You are correct that because you own the device, you can do what you like with it. That means you can install whatever firmware or other software on...
[ "software", "england-and-wales", "hardware" ]
Can someone who has been disbarred act as a scribe for a disabled lawyer?
16
https://law.stackexchange.com/questions/89229/can-someone-who-has-been-disbarred-act-as-a-scribe-for-a-disabled-lawyer
CC BY-SA 4.0
<p>I'm watching Better Call Saul right now and I'm at the bit where</p> <blockquote class="spoiler"> <p> Jimmy is suspended and Kim gets in a car accident.</p> </blockquote> <p>It got me thinking: if someone were disbarred, would it be legal under US law for them to do act as a disabled lawyer's eyes or hands? Or would...
89,229
[ { "answer_id": 89230, "body": "<p>In New Mexico, where Better Call Saul is set, <a href=\"https://casetext.com/rule/new-mexico-court-rules/new-mexico-rules-of-professional-conduct/scope/article-5-law-firms-and-associations/rule-16-505-unauthorized-practice-of-law-multijurisdictional-practice-of-law-effectiv...
[ "united-states", "professional-ethics", "disabilities" ]
What legal character does the Istanbul document have?
3
https://law.stackexchange.com/questions/89223/what-legal-character-does-the-istanbul-document-have
CC BY-SA 4.0
<p>The Budapest memorandum and the Istanbul document are two important documents thought to guarantee security &amp; stability in the regions of the former Soviet Union. <a href="https://en.wikipedia.org/wiki/Russo-Ukrainian_War#Background" rel="nofollow noreferrer">1</a></p> <p>The Instanbul documents states:</p> <blo...
89,223
[ { "answer_id": 89224, "body": "<p>This is what is usually called a <em>declaration</em> (that the Instanbul Document is sometimes called a declaration of <em>intent</em> has no legal significance). Declarations are not binding in the way that treaties are. They don't independently create obligations to the ...
[ "international", "war" ]