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When a criminal statute is repealed, are those still held under it automatically freed?
12
https://law.stackexchange.com/questions/1644/when-a-criminal-statute-is-repealed-are-those-still-held-under-it-automatically
CC BY-SA 3.0
<p>How was this handled in the past when things were decriminalized, e.g. homosexuality? Is there an automatic process that guarantees freedom for those held under an abolished law, or does this have to be made explicit every time? Can one's criminal record include an offence against a statute that is no longer valid?<...
1,644
[ { "answer_id": 1651, "body": "<p>There are two sides to this question. First, there is the <em>International Covenant on Civil and Political Rights</em>, which states:</p>\n\n<blockquote>\n <p>Article 15</p>\n \n <p>1 . No one shall be held guilty of any criminal offence on account of\n any act or omiss...
[ "united-states", "criminal-law", "criminal-record" ]
Can someone more wealthy than me bury me in legal fees?
18
https://law.stackexchange.com/questions/1628/can-someone-more-wealthy-than-me-bury-me-in-legal-fees
CC BY-SA 3.0
<p>USA Federal Law - </p> <p>I have a company worth about $6m. I got on the bad side of a person with a company worth well over $750m (with attorneys on staff). The CEO threatened to bury me in an endless sea of frivolous lawsuits, so that I'm essentially paralyzed having to defend myself in court day after day until...
1,628
[ { "answer_id": 1632, "body": "<p>There are both statutes and customs aimed at preventing \"<a href=\"http://www.alllaw.com/articles/nolo/personal-injury/lawsuits-malicious-prosecution-abuse-process.html\">Malicious Prosecution</a>\" and \"<a href=\"http://abuseofprocess.uslegal.com/abuse-of-process-overview...
[ "united-states", "common-law", "business", "fees" ]
Can embedded software be patented in the EU?
3
https://law.stackexchange.com/questions/1624/can-embedded-software-be-patented-in-the-eu
CC BY-SA 3.0
<p>I know that no software can be patented in Europe. But what if I use software in an electronic board, and introduce that hardware? Can that be patented?</p>
1,624
[ { "answer_id": 1638, "body": "<p>Software cannot be patented although it does have copyright.</p>\n\n<p>Hardware can be the subject of a patent, however, that would not cover any software aspects such as the programming built into a PROM.</p>\n\n<p>While it is possible to render any software into an integra...
[ "european-union", "patents" ]
Legality of using album artwork from freecovers.net
1
https://law.stackexchange.com/questions/1613/legality-of-using-album-artwork-from-freecovers-net
CC BY-SA 3.0
<p>I am building an online store for a vinyl company and I want to create an application to help them add cover artwork to their store. Am I legally allowed to use the artwork from <a href="http://freecovers.net" rel="nofollow">freecovers.net</a> on their online store? Will I get sued?</p>
1,613
[ { "answer_id": 1615, "body": "<p>Am I legally allowed to use the artwork from freecovers.net on their online store?</p>\n\n<p>Maybe.</p>\n\n<p>Will I get sued?</p>\n\n<p>Maybe.</p>\n\n<p>I had a look at their site and when trying to follow the link to the \"Terms of Use\" page all I got was a broken databas...
[ "copyright", "terms-of-service", "music" ]
How is an area deemed unsafe and needing to be cordoned off?
5
https://law.stackexchange.com/questions/1573/how-is-an-area-deemed-unsafe-and-needing-to-be-cordoned-off
CC BY-SA 3.0
<p>How is an area deemed unsafe and needing to be cordoned off?</p> <p>Would it be the person at the top of the law enforcement agency (police chief or sheriff) who would make the decision that a particular area is unsafe and needs to be cordoned off with police tape, would it be the elected official at the top (mayor...
1,573
[ { "answer_id": 1597, "body": "<p>The powers given to law enforcement professionals will be detailed in the relevant law that establishes them.</p>\n\n<p>I would suspect that the decision to cordon off an area would fall within the purview of the officer on the scene; the idea that a police officer would nee...
[ "new-york-state", "police", "trespass" ]
What are the benefits of a incorporating vs. operating an LLC?
4
https://law.stackexchange.com/questions/1614/what-are-the-benefits-of-a-incorporating-vs-operating-an-llc
CC BY-SA 3.0
<p>I'm in California, but have been told to Incorporate or become an LLC in Nevada.</p> <p>Is there any reason to do this out of state, other than cheaper renewal fees?</p>
1,614
[ { "answer_id": 1616, "body": "<p>The specific law you incorporate under will determine the rights and liabilities involved. That said, as a general rule, the major practical difference between a C corporation and an LLC is that a C corp will pay corporate income taxes, while and LLC has partnership-style pa...
[ "united-states", "business", "corporate-law" ]
Fringe case of naturalization and dual citizenship (United states)?
2
https://law.stackexchange.com/questions/1619/fringe-case-of-naturalization-and-dual-citizenship-united-states
CC BY-SA 3.0
<p>So I've given a look over State Department policy and am unsure about exact actions that can result in revoked citizenship. </p> <p>From here it seems naturalizing <em>with intent to lose citizenship</em> in another country is grounds for expatriation but its meaning is vague. </p> <p><a href="http://travel.state....
1,619
[ { "answer_id": 1621, "body": "<p>The way \"with intent to lose citizenship\" works in US law is <em>extremely</em> demanding; it is very hard to establish it by doing anything short of appearing before a consular officer and formally renouncing citizenship. Other ways include serving in the military of a co...
[ "united-states", "citizenship" ]
Can I attack a VPS I am renting?
3
https://law.stackexchange.com/questions/1623/can-i-attack-a-vps-i-am-renting
CC BY-SA 3.0
<p>I live in France and I would like to know if it was legal to <em>attack</em> the Virtual Private Server I am renting in the US.</p>
1,623
[ { "answer_id": 1627, "body": "<ol>\n<li>Consider that the provider doesn't know it's <em>you</em> that is attacking your own VPS, so they could start an investigation, which is expensive, and might also incur fines if they alert the police forces</li>\n<li>Some attacks (DDOS for instance) will necessarily a...
[ "international", "hacking" ]
Are the names of guns protected under copyright law in the US?
8
https://law.stackexchange.com/questions/1391/are-the-names-of-guns-protected-under-copyright-law-in-the-us
CC BY-SA 4.0
<p>So I am trying to create a military shooter and therefore must have guns. I would like to include some weapons from real life (Ak-47, M16, Glock, etc.) and I would like to know what legal issues I might run into by using these names. Mainly if I could be violating copyright laws. </p>
1,391
[ { "answer_id": 1392, "body": "<p>Copyrights don't apply to the names used. You mean trademarks. You copyright your game and you trademark the name.</p>\n\n<p><a href=\"http://www.reddit.com/r/gamedev/comments/11v69k/using_a_guns_name_in_your_video_game/\">http://www.reddit.com/r/gamedev/comments/11v69k/usin...
[ "copyright" ]
Can a mayor or a Common Council issue a temporary no trespassing order at an unsafe location?
2
https://law.stackexchange.com/questions/1609/can-a-mayor-or-a-common-council-issue-a-temporary-no-trespassing-order-at-an-uns
CC BY-SA 3.0
<p>Related question: <a href="https://law.stackexchange.com/questions/1573/how-is-an-area-deemed-unsafe-and-needing-to-be-cordoned-off">How is an area deemed unsafe and needing to be cordoned off?</a></p> <p>An individual property owner can set up No Trespassing signs at the required intervals, and then law enforcemen...
1,609
[ { "answer_id": 1612, "body": "<p>As I alluded to in a comment to your previous question, if the stream is \"navigable in fact\" then you may have an uphill battle, especially if it is owned by a government entity. </p>\n\n<p><a href=\"http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1502&amp;cont...
[ "new-york-state", "trespass" ]
Can an author of an app use logos that belong to auto manufacturers?
6
https://law.stackexchange.com/questions/1517/can-an-author-of-an-app-use-logos-that-belong-to-auto-manufacturers
CC BY-SA 3.0
<p>Consider a mobile app related to automobiles. In order to identify the make of a vehicle within the app (in list views, menus, and buttons, for example), the author might choose to use logos that belong to car manufacturers (Ford, Toyota, etc.)</p> <p>Would this hypothetical use of logos scenario implicate trademar...
1,517
[ { "answer_id": 1588, "body": "<p><strong>The use may constitute trademark infringement if it implies sponsorship or endorsement</strong></p>\n\n<p>I'm going to assume US jurisdiction for this question, because you've not provided one, and you haven't provided enough car manufacturer names to suggest that th...
[ "intellectual-property", "trademark" ]
How ironclad are businesses&#39;s terms and conditions?
2
https://law.stackexchange.com/questions/1593/how-ironclad-are-businessess-terms-and-conditions
CC BY-SA 3.0
<p>I was wondering how binding my websites Terms and Conditions are.</p> <p>I specify a few things there, including a return policy and terms of use.</p> <p>I am in California. I'm starting to sell to the U.S. and then Canada, and then the whole EU.</p>
1,593
[ { "answer_id": 1596, "body": "<p>Your terms and conditions must comply with the laws in:</p>\n\n<ul>\n<li>Your jurisdiction (California)</li>\n<li>Your customer's jurisdiction (each of the US states, Canadian provinces and ultimately countries and sub-jurisdictions in Europe)</li>\n</ul>\n\n<p>If they do th...
[ "united-states", "california", "european-union", "terms-of-service" ]
How It is with sharing content on Facebook
3
https://law.stackexchange.com/questions/1602/how-it-is-with-sharing-content-on-facebook
CC BY-SA 3.0
<p>Facebook Terms of Service contains (3.8.2015) the following text in section 2.4: </p> <blockquote> <p>When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e.,...
1,602
[ { "answer_id": 1603, "body": "<p>No. That clause does not give other users a licence to reproduce the work (other than what is necessary to access or use it) or create derivative works. The copyright owner has the exclusive right to do those things. (See <a href=\"https://www.law.cornell.edu/uscode/text/17/...
[ "copyright", "internet", "intellectual-property", "terms-of-service" ]
Under U.S. Law, what does &quot;Notwithstanding&quot; mean?
3
https://law.stackexchange.com/questions/1599/under-u-s-law-what-does-notwithstanding-mean
CC BY-SA 3.0
<p>I am being asked to sign an non-disclosure agreement and one of the sections focuses on the ownership of any "works" (defined broadly to include everything from ideas to tangible products) which I might produce while employed. </p> <p>The first two paragraphs in the section state very clearly that everything I pro...
1,599
[ { "answer_id": 1600, "body": "<p><em>Notwithstanding</em> in this case takes its ordinary meaning - \"despite\": </p>\n\n<blockquote>\n <p><em>Despite</em> anything to the contrary contained in this Agreement, any provision of this Agreement which provides for me to assign any of my rights to a Work shall ...
[ "united-states", "contract-law", "intellectual-property" ]
UK: Public Access Barrister vs Solicitor
3
https://law.stackexchange.com/questions/62/uk-public-access-barrister-vs-solicitor
CC BY-SA 3.0
<p><a href="http://www.barstandardsboard.org.uk/media/1666529/3__the_public_access_scheme_guidance_for_lay_clients.pdf" rel="nofollow">The PDF entitled 'Public Access Guidance for Lay Clients'</a> (from <a href="http://www.barstandardsboard.org.uk/regulatory-requirements/bsb-handbook/code-guidance/" rel="nofollow">the ...
62
[ { "answer_id": 375, "body": "<p>I would say all the similarities and differences between approaching a barrister directly and going through a solicitor are set out in the PDF.</p>\n\n<p>The historical division of barristers and solicitors is discussed in the document. Traditionally, solicitors took on cases...
[ "england-and-wales", "solicitor" ]
When does one become a &quot;founder&quot; of a business?
3
https://law.stackexchange.com/questions/1546/when-does-one-become-a-founder-of-a-business
CC BY-SA 3.0
<p>When does one become a "founder" of a business? For example, would it be when work on the business starts or when the business is incorporated? Such events could be years apart.</p>
1,546
[ { "answer_id": 1548, "body": "<p>\"Founder\" is a common term used in the <a href=\"https://en.wikipedia.org/wiki/Startup_company#Co-founders\" rel=\"nofollow\">startup community</a>.</p>\n\n<p>The SEC refers to founders in <a href=\"http://www.sec.gov/info/smallbus/formddefinitions.htm\" rel=\"nofollow\">i...
[ "business", "ownership" ]
Can a school punish you for appearing in court?
6
https://law.stackexchange.com/questions/1561/can-a-school-punish-you-for-appearing-in-court
CC BY-SA 3.0
<p>My friend missed an assignment in school because of a mandatory court summons. The teacher gave him a failing grade, and overall his grade dropped 3 letters for something he couldn't control.</p> <p>I'm almost certain that work and school have to give you an excused absence for attending court. If this is illegal c...
1,561
[ { "answer_id": 1565, "body": "<p>The answer is a clear maybe.</p>\n\n<p>The school has a set of rules and by not attending you have broken those rules. The rules may (probably do) allow for consideration of extenuating circumstances but, in general, it doesn't have to. There is probably an appeals process, ...
[ "united-states", "education", "colorado" ]
Protection on deposit for home buyers
2
https://law.stackexchange.com/questions/1567/protection-on-deposit-for-home-buyers
CC BY-SA 3.0
<p>Is it legal for a real estate agent to accept a deposit on a house and then hold an open house for that property in NSW Australia? Also is it legal for the real estate agent to raise the price on the house once the deposit has been made a certain price? Are there any laws that protect the home buyer once the depos...
1,567
[ { "answer_id": 1569, "body": "<p>In New South Wales all contracts for real estate must be in writing and <strong>there is no contract</strong> until they have been <em>exchanged</em>, that is signed by both parties although typically each party signs a different copy of the contract which is then exchanged....
[ "australia", "real-estate" ]
Copyright of cartoon characters in a mobile app
0
https://law.stackexchange.com/questions/1558/copyright-of-cartoon-characters-in-a-mobile-app
CC BY-SA 3.0
<p>I'm developing a mobile application and inside it, I have some customization options. I was interested in using designs, colors and ideas based on famous cartoon characters. For example: Wolverine's claws with a yellow background, Captain America's shield, Superman's symbol, Batman's face... etc...</p> <p>So, I'd l...
1,558
[ { "answer_id": 1562, "body": "<p><strong>I am not a lawyer and this is not legal advice.</strong></p>\n\n<p>The likenesses of fictional characters are copyrightable works (not trademarks), and the examples you gave are most certainly copyrighted.</p>\n\n<blockquote>\n <p>Can I use those images in the first...
[ "copyright" ]
Do UK citizens have a right to legal advice?
6
https://law.stackexchange.com/questions/1544/do-uk-citizens-have-a-right-to-legal-advice
CC BY-SA 3.0
<p>As a British citizen: If I can't afford to pay a solicitor to get legal advice, am I entitled to free legal advice from the government? </p>
1,544
[ { "answer_id": 1550, "body": "<p>It depends on the circumstances, see <a href=\"https://www.gov.uk/legal-aid\" rel=\"noreferrer\">here</a>.</p>\n<blockquote>\n<p>You’ll usually need to show that:</p>\n<ul>\n<li><p>your case is eligible for legal aid</p>\n</li>\n<li><p>the problem is serious</p>\n</li>\n<li>...
[ "united-kingdom", "human-rights" ]
Business sending personal info to a random email address
1
https://law.stackexchange.com/questions/869/business-sending-personal-info-to-a-random-email-address
CC BY-SA 3.0
<p>Is there a recourse against a business sending personal information of a customer to a wrong email address?</p> <p>For example, if I provide a correct email address to the business through an online form, but, (1), their representative cuts out a significant part of the username, or, (2), their systems somehow mang...
869
[ { "answer_id": 870, "body": "<p>I am not a lawyer, I am not your lawyer.</p>\n\n<p>You do not identify a jurisdiction and the answer will turn almost entirely on this. As an Australian I will deal with that jurisdiction.</p>\n\n<p><strong>Privacy Law</strong></p>\n\n<p>The <em>Privacy Act 1988</em> governs ...
[ "privacy", "negligence" ]
Format of a Deposition
2
https://law.stackexchange.com/questions/1522/format-of-a-deposition
CC BY-SA 3.0
<p>Is there a set / standard format for a deposition? Not the process - the format of the text document.</p> <p>For example are page numbers and line numbers always the same?</p> <p>If so what are the rules around the format? </p> <p>I need to parse the document down for a computer application.</p> <p>This is rea...
1,522
[ { "answer_id": 1549, "body": "<p>You're unlikely to find anything that is identically placed across all jurisdictions in the United States. </p>\n\n<p>In terms of parsing a deposition, you're better off using a training corpus of depositions to identify the language that is used for certain elements, so tha...
[ "united-states" ]
How can a municipality discourage and control destructive behavior?
0
https://law.stackexchange.com/questions/1535/how-can-a-municipality-discourage-and-control-destructive-behavior
CC BY-SA 4.0
<p>I live in a town of about 20,000 people, plus a large college student influx in late August, in the state of New York. Not far from my house there is a dam in a creek. Just above the dam, there are bluffs on either side where people like to jump off from very high up into the water. Then they swim over to the ban...
1,535
[ { "answer_id": 1538, "body": "<p>I'll preface this by saying I live in Australia where the lowest jurisdiction that can make an act a criminal offence is the state; local governments simply do not have that power here,</p>\n\n<p>Question 1: If I understand this right you have a law that you do not enforce t...
[ "new-york-state", "legislature" ]
How can casinos take &quot;extrajudicial&quot; measures against card counters?
15
https://law.stackexchange.com/questions/501/how-can-casinos-take-extrajudicial-measures-against-card-counters
CC BY-SA 3.0
<p><a href="https://boardgames.stackexchange.com/questions/11479/why-is-card-counting-considered-illegal-in-blackjack">"Cardcounting"</a> is technically legal, but frowned upon by casinos, because it violates the "unwritten law" that casinos are supposed to come out ahead. When card counters are caught, casinos can exp...
501
[ { "answer_id": 1543, "body": "<p>Extrajudicial implies there is some weight of law behind the casino behaviors you describe.</p>\n\n<p>I don't think there is.</p>\n\n<p>For example, refusing to cash out chips could just be a management intimidation tactic to try to coerce the customer into agreeing to be \"...
[ "united-states", "nevada" ]
Liabilities without explicit consent in contracts
2
https://law.stackexchange.com/questions/1539/liabilities-without-explicit-consent-in-contracts
CC BY-SA 3.0
<p>I have been wondering for quite a while now about the following question and have been unable to get a definitive answer. I have asked lawyers who do not know for sure (and this is their field). </p> <p>My question is if a User of some Service can be held liable for a legal infringement that the Service commits. Th...
1,539
[ { "answer_id": 1542, "body": "<p>It is unlikely that you find a <em>commercial</em> provider of a service such as the one you describe that does <em>not</em> require its users to consent to some kind of agreement.</p>\n\n<ol>\n<li>The service provider, in spite of the absence of a contract, is unlikely to b...
[ "united-states", "liability", "contract-law" ]
Re-posting a screenshot on Stack Exchange or Quora
3
https://law.stackexchange.com/questions/1520/re-posting-a-screenshot-on-stack-exchange-or-quora
CC BY-SA 3.0
<p>Can Bob legally post a screenshot of a program in a Stack Exchange or Quora post, and if so does he need to add any form of credit along with the screenshot? Bob didn't take the screenshot himself, he found it somewhere on Internet (e.g. on the software editor's website). The screenshot hasn't been modified at all: ...
1,520
[ { "answer_id": 1534, "body": "<p>US copyright law has an exception for <em>fair use</em>; small portions of a copyrighted work may be used without permission, license, or royalties if they are used for educational or demonstrative purposes.</p>\n\n<p>Taking <em>your own</em> screenshots of a commercial soft...
[ "internet", "intellectual-property" ]
Do warranty disclaimers in software licenses carry any legal weight?
17
https://law.stackexchange.com/questions/1410/do-warranty-disclaimers-in-software-licenses-carry-any-legal-weight
CC BY-SA 3.0
<p>Most open source software licenses contain, in capital letters, the following disclaimer:</p> <blockquote> <p>THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGE...
1,410
[ { "answer_id": 1412, "body": "<p>Some jurisdictions provide for statutory warranties on fitness and merchantability of goods. The effect of these exclusion clauses will vary between jurisdictions, so I will briefly examine two different effects of law with respect to supply of goods.</p>\n\n<hr>\n\n<p><stro...
[ "liability", "disclaimers" ]
Precedent of doctor being sued after giving his private phone number
4
https://law.stackexchange.com/questions/1394/precedent-of-doctor-being-sued-after-giving-his-private-phone-number
CC BY-SA 3.0
<p>I'm looking for a precedent of a doctor getting sued after giving his private phone number for a patient to consult, yet not being available at a moment of emergency.</p>
1,394
[ { "answer_id": 1397, "body": "<p>You don't specify what country's law you're interested in, but as you mention precedent, I'll assume you're interested in common-law jurisdictions such as the United States.</p>\n\n<p>The short answer is: you won't find any successful lawsuits such as you describe, at least ...
[ "united-states", "health", "negligence", "medical" ]
Demanding lawyer fee discount after weak representation
3
https://law.stackexchange.com/questions/1516/demanding-lawyer-fee-discount-after-weak-representation
CC BY-SA 3.0
<p>Is there a practice or custom of demanding reduced legal fees for poor performance?</p> <p>Background example: Our company was sued for alleged patent infringement. We provided a detailed explanation to our lawyers and plaintiff for why the patent in question was extremely narrow and the infringement allegations we...
1,516
[ { "answer_id": 1518, "body": "<p>In general you can dispute and negotiate any bill from a professional. The stronger your arguments for disputing it, and the more coherent your demands for adjustment, the more successful you will tend to be. This is like any business negotiation.</p>\n\n<p>One partner at ...
[ "united-states", "lawyer" ]
Do user agreements with a company carry on after corporate mergers or splits?
7
https://law.stackexchange.com/questions/1514/do-user-agreements-with-a-company-carry-on-after-corporate-mergers-or-splits
CC BY-SA 3.0
<p>I wanted to ask in regards to the eBay/PayPal split about a month ago. </p> <p>Namely: </p> <ol> <li>Do the user agreements continue once the companies split?</li> </ol> <p>In my mind, because PayPal is splitting off into its own company and eBay is remaining as the same company: In order for a person to continue...
1,514
[ { "answer_id": 1515, "body": "<p>The eBay user agreement contains this clause:</p>\n\n<blockquote>\n <p>In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. </p>\n</blockquote>\n\n<p>The current PayPal agreement says:</p>\...
[ "united-states", "internet", "contract-law" ]
Does Pennsylvania have a mature minor doctrine?
3
https://law.stackexchange.com/questions/1489/does-pennsylvania-have-a-mature-minor-doctrine
CC BY-SA 3.0
<p>I'm not trying to get medical care, I'm just curious. I was wondering if the state of Pennsylvania had what is known as a "Mature Minor Doctrine" which, if I understand correctly, would allow minors, in a limited set of circumstances, to consent to medical treatment in lieu of their parents if said minor could demo...
1,489
[ { "answer_id": 1513, "body": "<p>PA is a state that has discussed the mature minor doctrine in <em>Commonwealth v. Nixon</em>, 61 A.2d 1151 (Pa. 2000), however, as you mention, the results are complicated.</p>\n\n<p>The following is not well-cited, but it should give you a lay of the land:</p>\n\n<p><a href...
[ "united-states", "pennsylvania", "minor", "medical" ]
Multiple deals in a row and reasonable expectation
3
https://law.stackexchange.com/questions/1503/multiple-deals-in-a-row-and-reasonable-expectation
CC BY-SA 3.0
<p>I once heard that there is a certain level of reasonable expectation that is guaranteed by law when it comes to making multiple deals with others.</p> <p>For instance, is the following legal or illegal to do.</p> <ul> <li>Bill offered to Mow Janes lawn for $1, which is agreeable.</li> <li>Bill mows the lawn, and g...
1,503
[ { "answer_id": 1505, "body": "<p>Bill and Jane are free to enter into a contract where, among other things, each provides valuable consideration; in this case Bill provides valuable lawn mowing services and Jane provides valuable money.</p>\n\n<p>In week No 1 they have negotiated the terms and the contract ...
[ "business" ]
Is a landlord required to disclose a balloon payment?
3
https://law.stackexchange.com/questions/1500/is-a-landlord-required-to-disclose-a-balloon-payment
CC BY-SA 3.0
<p>Suppose a house was rented two years ago in California, on a two year lease. </p> <p>If when the lease expired, the landlord refuses to renew, citing an upcoming balloon payment that would not be covered by the rent as the reason, what recourse does the tenant have?</p>
1,500
[ { "answer_id": 1504, "body": "<p>If the lease has expired and the tenant does not have an option then the landlord is under no obligation to offer a new lease; they do not have to give any reason.</p>\n\n<p>They would still need to comply with the notice periods in the lease or it will revert to a month-by-...
[ "california", "rental-property", "landlord" ]
Using (presumably) copyrighted materials in reviews
2
https://law.stackexchange.com/questions/1474/using-presumably-copyrighted-materials-in-reviews
CC BY-SA 3.0
<p>I run a film and TV show reviewing blog using the Google Blogger service.</p> <p>On this blog, I frequently use pictures taken from the film/episode/TV show that I am reviewing in the article.</p> <p>The pictures that I use are always gathered by simply using the Google Image search to find a picture that suits my...
1,474
[ { "answer_id": 1494, "body": "<p>The UK copyright Act has the concept of &quot;fair dealing&quot; which is more restricted that the US concept of &quot;fair use&quot;.</p>\n<p>For your purposes, Section 30 appears to be applicable:</p>\n<blockquote>\n<p>30 Criticism, review and news reporting.</p>\n<p>(1) F...
[ "copyright", "united-kingdom" ]
Copyright on Developer&#39;s Website
3
https://law.stackexchange.com/questions/1401/copyright-on-developers-website
CC BY-SA 3.0
<p>I've been trying to find concrete information about developer's copyright. If a developer has its own website (in terms of business [card]) and the projects that are part of the portfolio were projects created and sold by a company, does the developer have some sort of rights to the work? After all, even though the ...
1,401
[ { "answer_id": 1403, "body": "<p>The fact that a developer is showing off work that he/she has done for other another company doesn't imply that that developer owns any copyright to the work.</p>\n\n<p>In Canada, see the <a href=\"http://laws-lois.justice.gc.ca/eng/acts/c-42/page-7.html#h-7\" rel=\"nofollow...
[ "copyright", "software" ]
Are Captcha solver farms illegal?
12
https://law.stackexchange.com/questions/1411/are-captcha-solver-farms-illegal
CC BY-SA 3.0
<p>Let say that captcha is a picture that prevents automated programs to do a certain task. Now imagine that we have a service in which some people works to solve some captchas. These captchas are sent by other people and/or by their program for the purpose that we don't know. <br> People who work are get some money an...
1,411
[ { "answer_id": 1490, "body": "<p><strong>This is a <em>developing</em> area within the law.</strong></p>\n\n<p>In the United States, <a href=\"http://codes.lp.findlaw.com/uscode/18/I/47/1030\">18 U.S.C. § 1030</a> (Computer Fraud and Abuse Act) governs. </p>\n\n<p>However, the law is broadly written. <em>...
[ "united-states", "united-kingdom", "criminal-law", "internet", "canada" ]
What rights do children under the age of 18 have while living with their parents?
5
https://law.stackexchange.com/questions/1137/what-rights-do-children-under-the-age-of-18-have-while-living-with-their-parents
CC BY-SA 3.0
<p>Do children have basic rights to Wi-Fi, food, and a bed?</p>
1,137
[ { "answer_id": 1153, "body": "<p>See <a href=\"http://www.lawstuff.org.uk/the-facts/what-are-childrens-rights\" rel=\"noreferrer\">http://www.lawstuff.org.uk/the-facts/what-are-childrens-rights</a></p>\n\n<p>The relevant parts are:</p>\n\n<p><strong>Wi-fi</strong></p>\n\n<blockquote>\n <p><strong>Freedom o...
[ "united-kingdom" ]
What am I allowed to do according to Amazon TOS?
1
https://law.stackexchange.com/questions/1172/what-am-i-allowed-to-do-according-to-amazon-tos
CC BY-SA 3.0
<p>I found this on <a href="http://www.amazon.com/gp/help/customer/display.html/?nodeId=508088" rel="nofollow">Amazon TOS</a>: </p> <blockquote> <p>... You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs ..</p> </blockq...
1,172
[ { "answer_id": 1173, "body": "<p>Data is not software. The prohibition you quote is against incorporating the programs, apps, web pages, etc., that Amazon has developed for running an internet store into one's own programs, apps, web pages, etc. The product listings themselves are not software.</p>\n\n<p>...
[ "contract-law" ]
What&#39;s to stop a homeless person living in a church or a mosque?
4
https://law.stackexchange.com/questions/1074/whats-to-stop-a-homeless-person-living-in-a-church-or-a-mosque
CC BY-SA 3.0
<p>Aren't churches and mosques basically public places of worship?</p> <p>Couldn't a homeless man just claim he is doing an extensive period of praying?</p> <p>Sorry if this question sounds ignorant or dumb. I'm just curious.</p>
1,074
[ { "answer_id": 1075, "body": "<p>In many countries (for instance, the US), churches and mosques are private property. In general, the owner of private property can throw anyone off their property; claiming you're doing an extensive period of praying doesn't matter, because they are under no obligation to le...
[ "trespass" ]
Does the term &quot;commercial&quot; exclude nonprofit?
4
https://law.stackexchange.com/questions/1398/does-the-term-commercial-exclude-nonprofit
CC BY-SA 3.0
<p>The terms and conditions for the use of Getty images allows the free use of embedded images legally. As it says at the web site (<a href="http://www.gettyimages.com/embed" rel="nofollow">http://www.gettyimages.com/embed</a>)</p> <p>"Share more than 50 million images. It's easy, legal and free." </p> <p>However th...
1,398
[ { "answer_id": 1405, "body": "<p><strong>No</strong></p>\n\n<p>Commercial use is interpreted broadly - anything that is or may lead to (e.g. advertising, pro-bono work etc.) income generation is commercial use. See <a href=\"http://www.thehelpful.com/creativecommons/what-is-commercial-use.html\" rel=\"nofol...
[ "copyright" ]
Why does this mention the U.S.?
2
https://law.stackexchange.com/questions/1406/why-does-this-mention-the-u-s
CC BY-SA 3.0
<p>There's a company near where I live called House of Air; it's a trampolining thing so, naturally, it has a waiver which explains as specifically as possible the many and varied ways you could accidentally die / become completely paralyzed.</p> <p>Naturally, it makes for light and fun reading.</p> <p>Most of it mak...
1,406
[ { "answer_id": 1408, "body": "<p>House of Air is located in the Golden Gate National Recreation Area, in land owned by the US government and managed by the Presidio Trust (a corporation wholly owned by the US government). As the US government owns the land, and a government-owned corporation leased it to Ho...
[ "united-states", "liability", "waivers" ]
Copyright implications for developing/marketing a 3rd party accessory?
2
https://law.stackexchange.com/questions/802/copyright-implications-for-developing-marketing-a-3rd-party-accessory
CC BY-SA 3.0
<p>If Chinese company ABC has an established brand for their product, "The Widget", and American company XYZ makes an add-on or modification for that product and sells said add-on as "The Widget Improver", with or without reference to ABC, is there copyright implications?</p> <p>I felt XYZ was enhancing and benefiting...
802
[ { "answer_id": 803, "body": "<p>You generally can't protect a product name by copyright in the US (which is the jurisdiction that matters for the American company, assuming they're selling their product in the US). See <a href=\"http://copyright.gov/circs/circ34.pdf\" rel=\"nofollow\">Copyright Protection\n...
[ "copyright" ]
It is considered fraud to register a business just to get store discounts / benefits?
1
https://law.stackexchange.com/questions/1400/it-is-considered-fraud-to-register-a-business-just-to-get-store-discounts-bene
CC BY-SA 3.0
<p>I went to this store where in order to buy merchandise, I need to have a membership card from them, but in order to get the membership card, I need to own a business. I found that some of the things that they sell are very cheap, so if I am able to get the membership card, I might be able to save a lot in groceries....
1,400
[ { "answer_id": 1407, "body": "<p>It seems unlikely, though I am not licensed to practice law in the United States and you should consult an attorney who is licensed in the relevant jurisdiction for legal advice.</p>\n\n<p>Generally, to prove fraud, there must (among other elements) be a false representation...
[ "united-states", "business" ]
Doctor sending private information over whatsup for consultation
1
https://law.stackexchange.com/questions/1390/doctor-sending-private-information-over-whatsup-for-consultation
CC BY-SA 3.0
<p>If a doctor sends screen grabs, taken by his smartphone, of different patients' confidential health files to other doctors for quick consultation, does that potentially violate any law? Could that be considered professional misconduct (and thus imperil his license to practice medicine)?</p>
1,390
[ { "answer_id": 1395, "body": "<p>Health care providers in the US may send protected patient records to other health care providers for the purposes of treatment, either of the patient whose information it was or of a different patient (for instance, a doctor could send a chart of a different patient with a ...
[ "united-states", "privacy", "health" ]
Open Source Software and Legal Responsibility for Software Content
5
https://law.stackexchange.com/questions/1378/open-source-software-and-legal-responsibility-for-software-content
CC BY-SA 3.0
<p>I'm working with a few folks on updating some serious software for mechanism design. Engineered mechanisms have existed in the world now for a few hundred years or so. <a href="https://i.stack.imgur.com/yepYS.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/yepYS.jpg" alt="Six Bar Mechanisms"></a>...
1,378
[ { "answer_id": 1383, "body": "<h2>Sources of Liability</h2>\n\n<p>Liability can come from:</p>\n\n<ol>\n<li>Statute law</li>\n<li>Contract law</li>\n<li>Common law</li>\n</ol>\n\n<h2>Statute Law</h2>\n\n<p>There may be (almost certainly are) laws in the jurisdiction where Joes Cheap Carnival are operating r...
[ "intellectual-property", "contract-law", "liability", "software", "negligence" ]
What jurisdictions could a crime committed in an internet chat room fall under?
7
https://law.stackexchange.com/questions/1377/what-jurisdictions-could-a-crime-committed-in-an-internet-chat-room-fall-under
CC BY-SA 3.0
<p><sup>This arose from an actual conversation in chat. The question was originally posed by Doorknob.</sup></p> <p>Let's say that someone <a href="http://en.wikipedia.org/wiki/Laws_against_Holocaust_denial" rel="noreferrer">denied the Holocaust</a> in a message posted in a Stack Exchange chat room. This is a crime in...
1,377
[ { "answer_id": 1382, "body": "<p>Generalising outrageously:</p>\n\n<p>A state (interpreted broadly as an entity with a functioning judicial system; could be a nation or a state or something else) claims jurisdiction for:</p>\n\n<ol>\n<li>Acts committed by its citizens,</li>\n<li>Acts committed within its te...
[ "internet", "jurisdiction" ]
Temporarily Relocating Car from California to Massachusetts
2
https://law.stackexchange.com/questions/776/temporarily-relocating-car-from-california-to-massachusetts
CC BY-SA 3.0
<p>I am being temporarily (6 months) relocated to Boston, MA and will be taking my car from California to Massachusetts. </p> <p>My car (and myself) will remain registered at my home address in California.</p> <p>My question is, does Massachusetts require one to register a car for a temporary (6 months or less) reloc...
776
[ { "answer_id": 777, "body": "<p>The only requirement is that vehicles on public roads be registered in <em>a</em> state. The rules and requirements for registration vary by state. Suffice it to say that if you can legally keep it registered in any state you do not have to change the registration based on ...
[ "united-states", "driving", "vehicle", "massachusetts" ]
Do corporations have equal rights with natural persons to carpool on California freeways?
12
https://law.stackexchange.com/questions/1370/do-corporations-have-equal-rights-with-natural-persons-to-carpool-on-california
CC BY-SA 3.0
<p>Articles on <a href="http://www.sfgate.com/bayarea/article/Corporation-not-person-in-carpool-lanes-4173366.php">SFGATE from 2013</a> and <a href="https://en.wikipedia.org/wiki/Jonathan_Frieman">Wikipedia: Jonathan Frieman</a> describe the legal efforts of Johnathan Frieman of San Rafael, CA in creating an odd test c...
1,370
[ { "answer_id": 1373, "body": "<p>This is an amusing idea, but ultimately it seems frivolous: How does one establish the physical presence of a corporation in a car?</p>\n\n<p>Yes, corporations have <em>some</em> of the legal rights and liabilities of people, but they are not people. And there are plenty of...
[ "california", "corporate-law" ]
Apple AppStore app rejection and Freedom of speech/press
4
https://law.stackexchange.com/questions/1331/apple-appstore-app-rejection-and-freedom-of-speech-press
CC BY-SA 3.0
<p>My question relates to one Apple App Store guideline:</p> <blockquote> <p>Referencing third-party platforms in your app or its metadata is not appropriate on the App Store.</p> </blockquote> <p>I understand this to mean that it is prohibited to show any information about other platforms in the application. So, t...
1,331
[ { "answer_id": 1333, "body": "<p>Taking the US as an example, the <a href=\"https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution\">Constitution</a> states</p>\n\n<blockquote>\n <p>Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise...
[ "internet", "intellectual-property", "freedom-of-speech" ]
What is the latest that one can enter into a right/left-only lane in order to make a turn at the intersection in NYC?
5
https://law.stackexchange.com/questions/1322/what-is-the-latest-that-one-can-enter-into-a-right-left-only-lane-in-order-to-ma
CC BY-SA 3.0
<p>Busy streets lanes near an intersection sometimes have arrow markings such as "straight only", and "right/left only": </p> <p><a href="https://i.stack.imgur.com/DCGrq.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/DCGrq.jpg" alt="enter image description here"></a></p> <p>If you are on the "stra...
1,322
[ { "answer_id": 1349, "body": "<p>The statute doesn't say much in detail (from the New York State <a href=\"http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO\" rel=\"nofollow noreferrer\">Vehicle and Traffic Law</a> (unfortunately, the site works on javascript, so, you have to navigate by opening the \"La...
[ "traffic", "new-york-city" ]
How to find record of conviction?
6
https://law.stackexchange.com/questions/1364/how-to-find-record-of-conviction
CC BY-SA 3.0
<p>My mother was convicted of something nearly 20 years ago in the UK, but since it was not worthy of prison forgot about the details soon after. I need to know about it in order to fully disclose information about everyone living in my house for an application I am making, but I don't know how to find out about detail...
1,364
[ { "answer_id": 1365, "body": "<p>If the offence was minor than it may be considered 'spent' under the <a href=\"http://www.legislation.gov.uk/ukpga/1974/53/contents\" rel=\"nofollow\">Rehabilitation of Offenders Act 1974</a>. A conviction resulting only in a fine is usually spent after five years. Spent con...
[ "united-kingdom", "criminal-law", "criminal-record" ]
Without sub judice rules, as exist in almost every other English-speaking jurisdiction, how can due process be assured?
7
https://law.stackexchange.com/questions/669/without-sub-judice-rules-as-exist-in-almost-every-other-english-speaking-jurisd
CC BY-SA 3.0
<p>I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charleston. </p> <p>Vast amounts of information are spewing forth from the news media, some of which will undoubtedly be true, some of which will have been entirely made up by newspapers to se...
669
[ { "answer_id": 670, "body": "<p>The United States gives the accused the right to a fair trial. However, it also gives <em>exceptionally</em> strong protection to the media (and to people in general) to speak on matters of public concern; there are very, very few cases where a US government (federal, state, ...
[ "criminal-law" ]
Which state has jurisdiction in a case of a murder in an airplane?
13
https://law.stackexchange.com/questions/1284/which-state-has-jurisdiction-in-a-case-of-a-murder-in-an-airplane
CC BY-SA 3.0
<p>A murder happened in an airplane flying from country A to country B when crossing above country C.</p> <p>Who will have jurisdiction?</p> <p><em>Bonus question: What if countries A, B and C are members of the European Union?</em></p>
1,284
[ { "answer_id": 1285, "body": "<p><strong>It depends.</strong></p>\n<p>International aviation law is tricky. One effort to set some standards down was <a href=\"http://treaties.un.org/doc/db/Terrorism/Conv1-english.pdf\" rel=\"noreferrer\">the Tokyo Convention</a>, also known as <a href=\"http://en.wikipedia...
[ "international", "jurisdiction", "aviation", "homicide" ]
Setting up two corporations to split profits and reduce tax brackets
10
https://law.stackexchange.com/questions/1040/setting-up-two-corporations-to-split-profits-and-reduce-tax-brackets
CC BY-SA 3.0
<p>Let's say I am receiving income in a corp from multiple entities for consulting services and most of the money I make I keep in my company to potentially pay out dividends in future years.</p> <p>Would it make sense to split the income (and therefore the profits) between multiple corporations to keep in the lowest ...
1,040
[ { "answer_id": 1360, "body": "<p>I have extensive domain knowledge of your question.</p>\n<p>In short, your plan won't work. Here's why...</p>\n<hr>\n<h3>Corporate Taxation and the double taxation problem</h3>\n<p>Corporations are taxed in the U.S. as separate legal entities (unless they meet certain except...
[ "united-states", "corporate-law", "tax-law" ]
How should a contract for Agile software development differ from a contract for Waterfall software development?
2
https://law.stackexchange.com/questions/1343/how-should-a-contract-for-agile-software-development-differ-from-a-contract-for
CC BY-SA 3.0
<p>All software development contracts I've seen specify that x piece of software will be developed for y dollars within z amount of time. This works out for traditional <a href="https://en.wikipedia.org/wiki/Waterfall_model" rel="nofollow">Waterfall</a> model projects, where you do a lot of forward planning and it is ...
1,343
[ { "answer_id": 1357, "body": "<p>Keep in mind that for a real project with real money on the line you should consult with a business lawyer who can tailor a form to the specifics of your project and team. </p>\n\n<p>That said, this is the first google result for 'Agile Software Contracting' (and there are...
[ "contract-law" ]
How common is it for bills to be introduced in both the House of Representatives and the Senate?
3
https://law.stackexchange.com/questions/1340/how-common-is-it-for-bills-to-be-introduced-in-both-the-house-of-representatives
CC BY-SA 3.0
<p>Five bills are mentioned in <a href="http://fas.org/sgp/crs/secrecy/RL33706.pdf" rel="nofollow">this report</a>. Two of them, H.R. 2422 and S. 829, are very similar and appear to be applicable to the same situations (though I can not find the full text of the latter), with the only difference being that the former w...
1,340
[ { "answer_id": 1354, "body": "<p>The only legal requirement for bill origination is that <strong>tax bills must originate in the House of Representatives</strong>.</p>\n\n<p>Otherwise, simultaneous origination is quite common. Differences are resolved through a process called \"reconciliation\" prior to pas...
[ "united-states", "us-senate", "bills", "us-house-of-reps" ]
Could a personal jetpack flight legally occur over Australian cities?
1
https://law.stackexchange.com/questions/1341/could-a-personal-jetpack-flight-legally-occur-over-australian-cities
CC BY-SA 3.0
<p>Have just been reading about the remarkable jetpack flight over Dubai, in the article <a href="http://www.extremetech.com/extreme/205584-flying-over-dubai-and-other-places-with-jetpacks" rel="nofollow">Flying over Dubai — and other places — with jetpacks</a> (a YouTube of the incredible flight is available on <a hre...
1,341
[ { "answer_id": 1346, "body": "<p>Assuming that the aircraft is allowed to operate in Australia, that the pilot was licensed, communications were to spec etc. then the answer is given in <a href=\"https://www.airservicesaustralia.com/aip/current/dah/dah.pdf\" rel=\"nofollow\">designated Airspaces handbook</a...
[ "australia" ]
What is the difference between &quot;murder&quot;, &quot;manslaughter&quot; and &quot;homicide&quot;?
14
https://law.stackexchange.com/questions/98/what-is-the-difference-between-murder-manslaughter-and-homicide
CC BY-SA 3.0
<p>Do "murder", "manslaughter" and "homicide" have different legal definitions? Or are they just terms referring to the same act used in different jurisdictions?</p>
98
[ { "answer_id": 100, "body": "<p>The answer is going to depend on what jurisdiction you're talking about. But I can give you some general principles that apply, in most cases, in the U.S. at least.</p>\n\n<p>\"Homicide\" is a general term for the killing of one person by another. If someone died, and another...
[ "criminal-law", "homicide", "murder", "manslaughter" ]
Something Less than an Injunction
2
https://law.stackexchange.com/questions/1282/something-less-than-an-injunction
CC BY-SA 3.0
<p>Injunctions (judicial orders that prevent a party from beginning or continuing an action that infringes on the rights of another) in the U.S. are typically either permanent or preliminary--the distinction being that the former is a post-trial object.</p> <p>Preliminary injunctions frequently have requirements (undu...
1,282
[ { "answer_id": 1336, "body": "<p>Many states deal with trespass as an issue you can get an injunction for even if there is no damage to your property at all. For example, in Virginia, the circuit courts require a minimum of $4500 in damages if you are seeking money, but if you ask for an injunction to preve...
[ "united-states", "common-property", "injunctions" ]
What constitutes legal malpractice? What are the remedies?
2
https://law.stackexchange.com/questions/1251/what-constitutes-legal-malpractice-what-are-the-remedies
CC BY-SA 3.0
<p>A friend of mine was doing business with Company A, and asked a lawyer to draft a contract saying that if Company A failed to perform, my friend would be able to take possession of Asset X (the critical asset), as an indemnity so that he could do the job himself. The lawyer drafted a contract with Asset Y (a totally...
1,251
[ { "answer_id": 1252, "body": "<p>Legal malpractice varies from jurisdiction to jurisdiction. In many you'd need to show that there existed an: </p>\n\n<ul>\n<li>Attorney-client relationship</li>\n<li>Breach of duty</li>\n<li>Causation</li>\n<li>Harm</li>\n</ul>\n\n<p><a href=\"https://www.justia.com/injur...
[ "united-states", "new-york-state", "malpractice" ]
Is contributory &quot;publication&quot; a defense against libel?
8
https://law.stackexchange.com/questions/773/is-contributory-publication-a-defense-against-libel
CC BY-SA 3.0
<p>Suppose there was a work of fiction where one of the characters was based on a real one. And suppose the real person sued the author and, through the process of discovery, found private emails, author's notes, etc., that confirm the claim.</p> <p>But suppose that nobody other than the author and the real person con...
773
[ { "answer_id": 1310, "body": "<p>A statement cannot be libel unless it actually identifies the plaintiff to defame him. The identification need not be by name, but it must be specific enough that the public would be able to determine who the statement referred to. You can read more about this concept at <a ...
[ "united-states", "libel" ]
Can I publish a book and source code in the book under different licenses?
7
https://law.stackexchange.com/questions/1321/can-i-publish-a-book-and-source-code-in-the-book-under-different-licenses
CC BY-SA 3.0
<p>Can I publish a book and the source code in the book under two different licenses?<br> Eg. Publish a book under the GNU FDL license, but license the source code examples in this book under the Apache license?</p>
1,321
[ { "answer_id": 1323, "body": "<p>As long as you own the copyright to the works, you can even publish the <a href=\"http://www.linuxinsider.com/story/38172.html\">source code itself under two different licenses</a>, which can be radically different. For example, <a href=\"https://www.mysql.com/about/legal/li...
[ "copyright", "licensing" ]
Is homeowner liable for police injury during raid
12
https://law.stackexchange.com/questions/1302/is-homeowner-liable-for-police-injury-during-raid
CC BY-SA 3.0
<p>Hypothetically speaking, let's say that a person is very paranoid about intruders, government, end of the world, so on. They decided to buy some land and have a fence around the property with clear markings "do not enter" and warnings that there are "traps" in the area. The person makes every reasonable attempt to w...
1,302
[ { "answer_id": 1307, "body": "<p>Even if the authorities <em>aren't</em> injured, the homeowner may well face criminal charges. Many states make it illegal to set booby traps; for instance, California makes it a felony in <a href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&amp;group=20001-21...
[ "united-states", "liability", "police" ]
Does &quot;furtherance of a crime&quot; exception to attorney–client privilege apply if the attorney is unsure?
7
https://law.stackexchange.com/questions/143/does-furtherance-of-a-crime-exception-to-attorney-client-privilege-apply-if-th
CC BY-SA 3.0
<p>If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is <em>unsure</em> whether the crime is about be committed? For example, consider this hypothetical: </p> <blockquote> <p>A client informs their law...
143
[ { "answer_id": 1312, "body": "<p>(US Answer) Under the Model Rules of Professional Conduct, \"<em>A lawyer may reveal information relating to the representation of a client to the extent the lawyer <strong>reasonably</strong> believes necessary... to prevent <strong>reasonably</strong> certain death or subs...
[ "criminal-law" ]
Is it legal to be detained by a private rail or bus company for not having a valid ticket?
11
https://law.stackexchange.com/questions/797/is-it-legal-to-be-detained-by-a-private-rail-or-bus-company-for-not-having-a-val
CC BY-SA 3.0
<p>My question relates specifically to the UK. </p> <p>Is it legal for a private company, say a train or bus company, to detain you if they determine that you don't have a valid ticket? Furthermore, if it is legal, what rights do you have in such circumstances? Obviously, if you were arrested by the police you woul...
797
[ { "answer_id": 800, "body": "<p><strong>I'm not a lawyer; I'm not <em>your lawyer</em></strong>.</p>\n\n<p>In this case, if you don't have a valid ticket (or refuse to produce one), and don't provide your name and address, the officer of a railway company may detain you<sup>1</sup> (my emphasis):</p>\n\n<bl...
[ "united-kingdom", "human-rights" ]
How to avoid image copyright infringement
4
https://law.stackexchange.com/questions/1260/how-to-avoid-image-copyright-infringement
CC BY-SA 3.0
<p>I am making a website for a client who has a store and is trying to sell their products on the web now. I told the client that they would need to provide me with images of all of their products and instead, they directed me to the websites that sell the same items and told me to use their images instead.</p> <p>I e...
1,260
[ { "answer_id": 1261, "body": "<p>In the abstract, two businesses that cooperate in violating a third party's copyright could both face liability. Applying that information to the facts you gave would amount to legal counsel. If you don't want to tell the client 'no,' you should speak to a lawyer about your ...
[ "copyright", "canada" ]
What regulations govern suspension of students?
5
https://law.stackexchange.com/questions/1270/what-regulations-govern-suspension-of-students
CC BY-SA 3.0
<p>Where students are violent, suspensions may be justified, in order to ensure the safety of other students.</p> <p>However, for <em>non</em>-violent behaviour, what regulations are in place with regards to suspension, and what recourse do students (or their parents) have?</p> <p>Surely, if a student is entitled to ...
1,270
[ { "answer_id": 1271, "body": "<p><strong>General Resource</strong>: the U.S. Department of Education puts out a nice <a href=\"http://safesupportivelearning.ed.gov/school-discipline-compendium\" rel=\"nofollow\">compendium</a> of the various state laws. </p>\n\n<p>Below are my jurisdictions.</p>\n\n<p><str...
[ "united-states", "education" ]
Are principles of judicial interpretation subject to legislative control?
7
https://law.stackexchange.com/questions/860/are-principles-of-judicial-interpretation-subject-to-legislative-control
CC BY-SA 3.0
<p>In the news you often read about differing philosophies of judicial interpretation, especially when important cases are decided (like several recent US Supreme Court decisions). I recently browsed through a book by Antonin Scalia in which he outlines a number of specific principles he endorses and does not endorse,...
860
[ { "answer_id": 862, "body": "<p>Yes, legislative bodies can pass legislation that constrains the interpretation of the rest of their legislation.</p>\n\n<p>In the U.S., see <a href=\"https://www.law.cornell.edu/uscode/text/1/chapter-1\" rel=\"nofollow\">1 U.S.C §1-8</a>.</p>\n\n<p>In Canada, see <a href=\"h...
[ "united-states", "judging" ]
Landlords liability for white goods
5
https://law.stackexchange.com/questions/1042/landlords-liability-for-white-goods
CC BY-SA 3.0
<p>I have just rented a property in England. The house has a built-in cooker, but the markings on the oven panel for temperature and the different modes (grill/defrost/fan settings etc.) are completely worn off. I have been told by the estate agent that there is nothing he can do and that I will have to cook by "trial ...
1,042
[ { "answer_id": 1269, "body": "<p>The Supply of Goods and Services Act doesn't apply here. Section 1(1) says that the only contracts concerning goods covered by the Act are those 'under which one person transfers or agrees to transfer to another the property in goods'. A lease doesn't transfer the cooker t...
[ "united-kingdom", "england-and-wales", "landlord" ]
Forcing a government official to do their job
7
https://law.stackexchange.com/questions/1262/forcing-a-government-official-to-do-their-job
CC BY-SA 3.0
<p>In the wake of the United States Supreme Court <a href="https://en.wikipedia.org/wiki/Obergefell_v._Hodges">legalizing same-sex marriage</a>, a number of county clerks and other officials have announced their intent to refuse to issue licenses for such marriages. What legal remedies are there in such a situation?</...
1,262
[ { "answer_id": 1263, "body": "<p>The details depend on the state, of course. The common law thing you are looking for is a writ of mandamus -- a court order to a public official to do something (or not do something) that they are required to do under the law. Writs of mandamus were traditionally only applic...
[ "united-states" ]
Is it legal to search for commerce sites listing items at erroneously low prices and exploiting such errors?
4
https://law.stackexchange.com/questions/1241/is-it-legal-to-search-for-commerce-sites-listing-items-at-erroneously-low-prices
CC BY-SA 3.0
<p>Occasionally a website will post incorrect prices for items they are selling. (Maybe it was caused by a typo during their data entry process, or the result of a bug in their code.) Once they realize their error they correct it.</p> <p>If I notice the error before they do, and I attempt to buy the item before they...
1,241
[ { "answer_id": 1247, "body": "<p>There may be violations of consumer protection and/or advertising statutes here by the online store, but the common law position is that:</p>\n\n<ol>\n<li>The website's owner is making an <a href=\"https://en.wikipedia.org/wiki/Invitation_to_treat\" rel=\"noreferrer\">invita...
[ "united-states", "commerce" ]
Does a non-stock company in Virginia need to have a Board of Directors?
1
https://law.stackexchange.com/questions/1242/does-a-non-stock-company-in-virginia-need-to-have-a-board-of-directors
CC BY-SA 3.0
<p>Do the articles of incorporation and/or bylaws need to mention how the board of directors is selected, of can it be in another document, or can the nonprofit organization not have a board of directors? Can the board of directors be called something else, Executive Board for example?</p>
1,242
[ { "answer_id": 1250, "body": "<p>Yes, Virginia nonstock corporations are required to have a board of directors...unless the members or directors expressly agree to eliminate it.</p>\n<blockquote>\n<p><strong>Requirement for and duties of board of directors (§ 13.1-853)</strong></p>\n<p>A. Except as provide...
[ "non-profit", "virginia" ]
Will a UK Police Information Notice appear on an enhanced DBS certificate?
0
https://law.stackexchange.com/questions/1238/will-a-uk-police-information-notice-appear-on-an-enhanced-dbs-certificate
CC BY-SA 3.0
<p>I have been handed a Police Information Notice. Now, I have done some research and found that it does come up on an Enhanced DBS check, but only if the chief superwhatnot decides that it is relevant. However i just spoke to the police and they told me that it would not appear on a Enhanced CRB/DBS. Is there anyone o...
1,238
[ { "answer_id": 1248, "body": "<p>The powers and duties of the police in providing information for an Enhanced DBS certificate are set out in <a href=\"http://www.legislation.gov.uk/ukpga/1997/50/section/115\" rel=\"nofollow\">s115 Police Act 1997</a>.</p>\n\n<p>s115(7) provides that&mdash;</p>\n\n<blockquot...
[ "united-kingdom" ]
Is it legal for landlord to prohibit subleasing, under Texas law?
8
https://law.stackexchange.com/questions/300/is-it-legal-for-landlord-to-prohibit-subleasing-under-texas-law
CC BY-SA 4.0
<p>It's quite common that plans change, and a residential lease must be broken.</p> <p><a href="https://law.stackexchange.com/questions/293/whats-the-penalty-for-breaking-a-residential-lease-in-norcal">Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find s...
300
[ { "answer_id": 324, "body": "<p>Landlord-tenant law is an area that is heavily statute-based, jurisdiction-dependent, and far from uniform across the country. A complex, specific, multi-part question like this one is not going to get a simple answer.</p>\n\n<p>In general, though, I can clear up some of the ...
[ "united-states", "residential-lease", "damage-mitigation", "sublease", "texas" ]
Can I be contractually bound by terms accompanying an unsolicited document?
2
https://law.stackexchange.com/questions/1222/can-i-be-contractually-bound-by-terms-accompanying-an-unsolicited-document
CC BY-SA 3.0
<p><em>This is just a contract question,</em> and I am not concerned with the intellectual property implications at this point.</p> <p>I'm in the US.</p> <p><strong>The scenario</strong>: Suppose I was given an unsolicited document, so at no point did I agree to receive it or any terms attached to it. The document ex...
1,222
[ { "answer_id": 1227, "body": "<p>There are a few different issues at play here, and one of them is copyright law, which can't be ignored in your example.</p>\n\n<p>As a general rule, a contract is formed when there's a \"meeting of the minds.\" This means that two people agree to a deal, and once they agree...
[ "united-states", "contract-law" ]
Can I embed YouTube videos?
1
https://law.stackexchange.com/questions/1224/can-i-embed-youtube-videos
CC BY-SA 3.0
<p>Is embedding YouTube music videos on a webpage using the native iframe player illegal?</p> <p>Are there issues (for instance, copyright) to be wary of?</p>
1,224
[ { "answer_id": 1234, "body": "<p>Given that Google (the company that owns YouTube) <a href=\"https://developers.google.com/youtube/player_parameters\" rel=\"nofollow\">provides instructions for this</a> it would seem they are offering a safe harbor if you follow their instructions, regardless of any other l...
[ "copyright", "internet" ]
When were the Black Acts passed in Scotland?
7
https://law.stackexchange.com/questions/1229/when-were-the-black-acts-passed-in-scotland
CC BY-SA 3.0
<p>In 'The Scottish Legal System' <a href="http://www.rps.ac.uk/static/historicalintro6.html">1</a>, the authors say that</p> <blockquote> <p>The first printing press was introduced into Scotland in 1507, but it was not until 1541 with the printing of the Black Acts that it was applied to legislation. </p> </blockqu...
1,229
[ { "answer_id": 1232, "body": "<p>From what I can tell, both are correct. The RPS refers to two different things as Black Acts: laws printed with a printing press using a heavy typeface (hence, \"black\") in <a href=\"http://www.rps.ac.uk/static/statutes_index.html\" rel=\"nofollow\">1541</a>, and laws that ...
[ "legal-history", "scotland" ]
Can an API be licensed?
4
https://law.stackexchange.com/questions/1217/can-an-api-be-licensed
CC BY-SA 3.0
<p>My question is this simple - can an API (Application Programming Interface) be licensed? How does such licensing work? I mean, to have the source/binary licensed under one licence and the API under another one (or even the same one).</p> <p>Example usages:</p> <ol> <li><p>source closed + API licenced</p></li> <li>...
1,217
[ { "answer_id": 1228, "body": "<p>To use an API over a network connection (as opposed to, e.g., the Windows API), a user communicates a request to the API host, or server, and awaits a response. The host of the remote API can refuse to serve requests from users for probably any reason.</p>\n\n<p>Such servic...
[ "licensing", "software" ]
Who owns a copyright on a scanned work?
4
https://law.stackexchange.com/questions/1214/who-owns-a-copyright-on-a-scanned-work
CC BY-SA 3.0
<p>If there is a work that is out of copyright (was published in the 1800s) but I can only find it in an online repository, can the repository claim a copyright or other limitation on my use of their scanned copy?</p>
1,214
[ { "answer_id": 1218, "body": "<p>In the US, the original author still owns the copyright, unless the original work was out of copyright (in which case no one owns the copyright): copyright is not granted for just pressing a \"scan\" button, and mechanical reproductions are not eligible for copyright (copyri...
[ "copyright" ]
Non est factum for contracts signed in multiple languages
2
https://law.stackexchange.com/questions/1106/non-est-factum-for-contracts-signed-in-multiple-languages
CC BY-SA 3.0
<p>We are drafting a master services agreement and associated service agreements in both Japanese and English. The MSA will be translated into Japanese from the english draft by an English speaking Japanese lawyer. We are binding the jurisdiction to Hawaii. My question is do the service agreements need to also be trans...
1,106
[ { "answer_id": 1107, "body": "<p>Remember a contract involves the \"meeting of the minds\"; the paperwork is only the documentation of that \"meeting\". While courts will generally confine themselves to the written document they are <em>actually</em> considering the legal relationship as a whole. </p>\n\n<p...
[ "contract-law", "japan" ]
What laws regulate owners of fundraising websites?
4
https://law.stackexchange.com/questions/1163/what-laws-regulate-owners-of-fundraising-websites
CC BY-SA 3.0
<p>Is it true that any one can set up a website for fundraising without declaring a legal entity?</p> <p>For example, my church needs to raise fund for repair work, the project would cost about $40K. If I want to create a website for people to send me money for that cause, do I have to declare a business?</p>
1,163
[ { "answer_id": 1170, "body": "<p>There's nothing that makes it illegal to ask others to give you money to donate to a third party. </p>\n\n<p>But if you want to say you're fundraising <em>on behalf</em> of another organization, obviously you need its permission. And if you want contributions to be considere...
[ "california", "tax-law", "non-profit" ]
Do digital works need to be sent to the copyright office?
2
https://law.stackexchange.com/questions/1191/do-digital-works-need-to-be-sent-to-the-copyright-office
CC BY-SA 3.0
<p>In the US, if I release a video game (or other digital work) online do I need to send a physical copy to the Copyright Office?</p>
1,191
[ { "answer_id": 1194, "body": "<p>Not unless you also released it in physical form. First, you don't <em>have</em> to send anything to the copyright office; registration is only required before you actually file an infringement lawsuit. Second, when you do register, the Copyright Office <a href=\"http://copy...
[ "united-states", "copyright" ]
Which takes precedence, conversion or bankruptcy?
4
https://law.stackexchange.com/questions/858/which-takes-precedence-conversion-or-bankruptcy
CC BY-SA 3.0
<p>Suppose Mr. Investor gives $50,000 to Mr. X to invest in his business. And suppose instead of investing in the business, Mr. X gives the $50,000 to his brother, a day or so later. That would be conversion, I believe. And let's assume that this money was easily traceable.</p> <p>Suppose Mr. X later files for persona...
858
[ { "answer_id": 1179, "body": "<p>I'm assuming you're talking about U.S. federal bankruptcy law (Title 11).</p>\n\n<p>Once bankruptcy is declared, any claims against the debtor are subject to the bankruptcy laws, and any claims against the debtor in any other court are automatically stayed under 11 USC 362.<...
[ "bankruptcy", "conversion" ]
What are good options for affordable consultations on U.S. law that can be reached from overseas?
2
https://law.stackexchange.com/questions/905/what-are-good-options-for-affordable-consultations-on-u-s-law-that-can-be-reach
CC BY-SA 3.0
<p>I have a U.S. legal problem and would like to know if there are places I could either call or email to get some legal advice relatively cheaply? Unfortunately I am outside of the U.S., so visiting an office in the U.S. is not an option.</p> <p>This is regarding civil law in an educational setting.</p> <p>Where I ...
905
[ { "answer_id": 1195, "body": "<p>You might try reaching out to the <a href=\"http://www.edlawcenter.org/\" rel=\"nofollow\">Education Law Center.</a> They may be able to provide information, or a referral to another organization or law office. Intake information is on the <a href=\"http://www.edlawcenter.or...
[ "united-states", "lawyer", "civil-legal-system" ]
What are possible motives for avoiding insurance in an auto accident?
8
https://law.stackexchange.com/questions/985/what-are-possible-motives-for-avoiding-insurance-in-an-auto-accident
CC BY-SA 3.0
<p>My parked car was involved in a hit and run accident outside of my house. Luckily, one of my neighbors saw the incident happen and the other driver ended up getting caught and cited by the police for it.</p> <p>The driver is a minor, so his father is handling the ordeal. He is very insistent that we not go throug...
985
[ { "answer_id": 1184, "body": "<p>The most likely reason the other driver doesn't want to go through insurance is to avoid a raise in his premiums. However, there could be more serious consequences, up to and including having his insurance cancelled, for example, if the son was not supposed to be driving the...
[ "united-states", "traffic", "property", "insurance", "north-carolina" ]
Can the chairman of a NASDAQ-listed company also be the chairman of another company?
4
https://law.stackexchange.com/questions/1120/can-the-chairman-of-a-nasdaq-listed-company-also-be-the-chairman-of-another-comp
CC BY-SA 3.0
<p>I am looking to find out if a <strong>chairman</strong> of a <strong>NASDAQ-listed</strong> company can serve <strong>another</strong> company as the <strong>chairman</strong>. Please cite all sources used, so that I may reference and personally check. I looked through the NASDAQ policies and rules but was unable to...
1,120
[ { "answer_id": 1182, "body": "<p>Nothing is going to explicitly say that this is authorized — it's allowed because it isn't forbidden by any of the following:</p>\n\n<ul>\n<li>The Dodd-Frank Act </li>\n<li>Sarbanes-Oxley</li>\n<li>The Securities Exchange Act (1934) </li>\n<li>The SEC rules </li>\n<li>The...
[ "corporate-law" ]
Can California landlords protect against tenants paying retainer instead of rent?
4
https://law.stackexchange.com/questions/935/can-california-landlords-protect-against-tenants-paying-retainer-instead-of-rent
CC BY-SA 3.0
<p>I've heard that in San Francisco, with a landlord that's not on top of his things, and a tenant who doesn't care about his credit report, it would be cheaper to withhold rent and pay a retainer instead of paying rent, and such a tenant will not be evicted if they select doing a jury trial.</p> <p>Is there a way for...
935
[ { "answer_id": 1178, "body": "<p>Your question is not particularly clear, but it sounds like you're describing a situation where:</p>\n\n<ul>\n<li>The tenant doesn't pay the rent</li>\n<li>The landlord files an action to evict the tenant, and</li>\n<li>The tenant files a request for a jury trial.</li>\n</ul...
[ "united-states", "california", "residential-lease", "real-estate" ]
Do I as a European Union citizen have the right to watch TV shows outside my country and download in my country?
4
https://law.stackexchange.com/questions/1171/do-i-as-a-european-union-citizen-have-the-right-to-watch-tv-shows-outside-my-cou
CC BY-SA 3.0
<p>In the UK, it is possible to download TV shows in the UK and watch them afterwards outside the UK.</p> <p><a href="http://iplayerhelp.external.bbc.co.uk/tv/watch_outside_uk" rel="nofollow">http://iplayerhelp.external.bbc.co.uk/tv/watch_outside_uk</a></p> <p>I would like to know if this is based on EU regulations o...
1,171
[ { "answer_id": 1177, "body": "<p>The BBC iPlayer restrictions are not, as far as I'm aware, based on regulations; they are based on licensing agreements (in fact, the page you link to says this explicitly). </p>\n\n<p>Whether the same is true of programs from other services in other countries--or even other...
[ "intellectual-property", "european-union" ]
Do claimless advertisements need to have disclaimers?
5
https://law.stackexchange.com/questions/897/do-claimless-advertisements-need-to-have-disclaimers
CC BY-SA 3.0
<p>My question concerns the requirement for advertisements to carry a disclaimer stating that they are advertisements, specifically in the United States. According to the FTC (though not in these words), an advertisement delivered through a trusted medium, such as the words of a celebrity or the side of an email client...
897
[ { "answer_id": 1176, "body": "<p>As a preliminary matter: there is no, so far as I'm aware, a blanket FTC requirement that every ad carry a disclaimer or a label. </p>\n\n<p>Some FTC rules do require disclaimers in certain circumstances. <a href=\"https://www.ftc.gov/sites/default/files/attachments/press-re...
[ "united-states", "internet", "branding", "commerce", "disclaimers" ]
What prevents me from using vehicle anti-theft laws to regain possession of an impounded car in Maryland?
4
https://law.stackexchange.com/questions/1004/what-prevents-me-from-using-vehicle-anti-theft-laws-to-regain-possession-of-an-i
CC BY-SA 3.0
<p>My car was impounded in MD due to expired tags. I've since paid the state and county fines for this, but the county police use a private impound lot which charges exorbitant fees for storage. MD law gives county officials the right to take possession of a car for unpaid fines, and authorizes them to contract the ser...
1,004
[ { "answer_id": 1175, "body": "<p>For starters, you can't \"use the antitheft law\" because you are not a criminal prosecutor.</p>\n\n<p>I'm not sure that the criminal statute would support a civil action for <a href=\"https://www.law.cornell.edu/wex/replevin\" rel=\"nofollow\">replevin</a>, at least until y...
[ "vehicle", "property", "maryland" ]
Covenants against contingent fees
1
https://law.stackexchange.com/questions/1161/covenants-against-contingent-fees
CC BY-SA 3.0
<p>In which cases can and cannot contracts (like concession rights) be negotiated with the Government via a middleman? I.e., when can a company hire a consulting agent to help negotiate with the government?</p> <p>I'm not looking for the US only cases. Any country.</p> <p>I'm interested in mining or infrastructure c...
1,161
[ { "answer_id": 1174, "body": "<p>In the US context, it sounds like you're asking about <a href=\"https://www.law.cornell.edu/cfr/text/48/52.203-5\" rel=\"nofollow\">42 CFR 52.203-5</a> (\"Covenant Against Contingent Fees\"). In that context, contingent fees means something close to payment of a commission t...
[ "contract-law", "international" ]
&quot;Reverse Engineering&quot; a plain text file format
5
https://law.stackexchange.com/questions/1145/reverse-engineering-a-plain-text-file-format
CC BY-SA 3.0
<p>If a file output from a non-open source program is stored in plain text. What legal implications are there for building a parser to read that file into my program?</p> <p>Is there any legal distinction between one that is plain text vs binary vs encrypted?</p>
1,145
[ { "answer_id": 1166, "body": "<p>Affirmative authority that this particular use (incorporation of the format of another program's textual data files into your own program) is protected is somewhat elusive in the US system; however there's a lot of observable evidence that reverse engineering data file form...
[ "copyright", "software" ]
SEC Form D: Who are the investors?
2
https://law.stackexchange.com/questions/567/sec-form-d-who-are-the-investors
CC BY-SA 3.0
<p>The U.S. Securities and Exchange Commission (SEC) requires the filing of a <a href="http://www.sec.gov/answers/formd.htm" rel="nofollow">Form D</a> "to offer and sell securities without having to register the offering with the SEC." This is commonly used to allow privately help companies to <a href="https://en.wikip...
567
[ { "answer_id": 1165, "body": "<p>Typically in a venture investment the lead investor will get to nominate someone to the board. Since this is done at the closing of the investment, the name of the new director will appear with those of the other board members in the \"related parties\" section of the Form D...
[ "united-states" ]
Big corporation in the UK, Intellectual Property and a Contract
8
https://law.stackexchange.com/questions/1148/big-corporation-in-the-uk-intellectual-property-and-a-contract
CC BY-SA 3.0
<p>I've recently been offered a job at a large technology corporation based in the UK. I've yet to sign the contract but I found something in it which concerns me.</p> <blockquote> <p><strong>Intellectual property, ideas and inventions</strong><br> Any Ideas or Inventions you have or make or any Materials that...
1,148
[ { "answer_id": 1150, "body": "<p><a href=\"https://www.gov.uk/ownership-of-copyright-works\" rel=\"nofollow\">The UK Government released an article last year</a> that explains some of the issues relating to ownership of copyright</p>\n\n<p><a href=\"http://www.capitallaw.co.uk/site/publicationsandnews/ipnew...
[ "intellectual-property", "contract-law", "corporate-law" ]
Can I protect myself against misused funds if i invest in a self employed person&#39;s project?
2
https://law.stackexchange.com/questions/1103/can-i-protect-myself-against-misused-funds-if-i-invest-in-a-self-employed-person
CC BY-SA 3.0
<p>If I invest a sum of money to a self employed individual for their project can I sue them for the return of the investment if they meet the following general points:</p> <ul> <li>can't or won't show me what they've used the funds for</li> <li>can't or won't show me progress that has been made, and</li> <li>seem to ...
1,103
[ { "answer_id": 1105, "body": "<p>The first thing you need to do is establish if the arrangement that you have with the person is a <a href=\"https://en.wikipedia.org/wiki/Contract\" rel=\"noreferrer\">contract</a> or not. In summary a contract requires:</p>\n\n<ul>\n<li>Intention to create legal relations. ...
[ "united-states", "contract-law", "business" ]
Big corporation in the UK, Conflicts of Interest and a Contract
2
https://law.stackexchange.com/questions/1149/big-corporation-in-the-uk-conflicts-of-interest-and-a-contract
CC BY-SA 4.0
<p>I've recently been offered a job for a large technology corporation in the UK. I've asked another question <a href="https://law.stackexchange.com/questions/1148/big-corporation-in-the-uk-intellectual-property-and-a-contract">here</a> about IP but also have a question on Conflicts of Interest I'd thought I'd ask sepa...
1,149
[ { "answer_id": 1158, "body": "<h2>Critique</h2>\n\n<blockquote>\n <p>I'm technically a director of a company ...</p>\n</blockquote>\n\n<p>You either are or you aren't - there is no \"technically\" involved.</p>\n\n<blockquote>\n <p>... is not currently trading ...</p>\n</blockquote>\n\n<p>And doing nothin...
[ "contract-law", "corporate-law" ]
What is &quot;unjust enrichment?&quot;
11
https://law.stackexchange.com/questions/236/what-is-unjust-enrichment
CC BY-SA 3.0
<p>What is unjust enrichment under the law? It's understandable if associated with liability for wrongdoing. Apparently, this is not a necessary condition. How does it operate independently of liability for wrongdoing?</p>
236
[ { "answer_id": 237, "body": "<p>Unjust enrichment is an equitable theory of recovery that provides a fallback, for lack of better words, avenue of recovery for situations where no contract actually exists between two parties, but one party has received a benefit. The classic example is: Jane hires Dan to mo...
[ "liability", "restitution" ]
Is it legal to program a published game for educational purposes (and put the source code on GitHub)?
19
https://law.stackexchange.com/questions/707/is-it-legal-to-program-a-published-game-for-educational-purposes-and-put-the-so
CC BY-SA 3.0
<p>I own a card game that I enjoy playing (not a playing card game using a standard 52-card deck). I enjoy it enough that I thought it'd be fun to write a program (complete with AI!) that plays that game. Is this legal? Furthermore, may I publish the source code to a public website such as GitHub without incurring any ...
707
[ { "answer_id": 712, "body": "<p>If any elements of the game are protected by copyright, then you cannot reproduce those elements (<a href=\"https://www.law.cornell.edu/uscode/text/17/106\">17 U.S.C. §106</a>) unless your reproduction falls under a fair use exception (<a href=\"https://www.law.cornell.edu/us...
[ "united-states", "intellectual-property" ]
What legal liability does one&#39;s participation on Stack Exchange carry?
38
https://law.stackexchange.com/questions/596/what-legal-liability-does-ones-participation-on-stack-exchange-carry
CC BY-SA 3.0
<p>This question is motivated by a question which came up recently on engineering.SE: <a href="https://engineering.stackexchange.com/questions/3186/cracks-on-the-wall">Cracks on the wall</a>. It may be closed in the future so I will summarize. The user posted pictures of (very large) cracks in the wall of his house a...
596
[ { "answer_id": 613, "body": "<p>I imagine that under English and Welsh law, the relevant tort would negligent misstatement, as there is no contract between the parties. From <a href=\"http://uk.practicallaw.com/2-379-9503\">Practical Law</a>:</p>\n\n<blockquote>\n <p>A claim for negligent misstatement may ...
[ "internet", "liability" ]
How to make people follow city laws regarding dogs on a leash?
4
https://law.stackexchange.com/questions/1112/how-to-make-people-follow-city-laws-regarding-dogs-on-a-leash
CC BY-SA 3.0
<p>I live in Toronto. There is a by-law that all dogs should be on a leash when inside one of the city parks. But nobody follows this. People with big dogs let the dogs run free and they sometimes get too close for comfort. </p> <p>Pointing out the law to the owner results in unpleasant conversations, involving expl...
1,112
[ { "answer_id": 1114, "body": "<p>According to this press release, Toronto is \"stepping up enforcement\" of its leash by-law. You should call 311 to report violations:</p>\n\n<p><a href=\"http://www.toronto.ca/311/knowledgebase/29/101000050429.html\" rel=\"nofollow\">http://www.toronto.ca/311/knowledgebase...
[ "canada", "pets" ]