question_title stringlengths 15 182 | score int64 -12 227 | link stringlengths 57 135 | license stringclasses 2
values | question_body stringlengths 38 15.9k | question_id int64 1 94.7k | answers list | tags list |
|---|---|---|---|---|---|---|---|
Re: "Our mass infringement", is LearnHub doing anything illegal? | 4 | https://law.stackexchange.com/questions/1096/re-our-mass-infringement-is-learnhub-doing-anything-illegal | CC BY-SA 3.0 | <p>On meta ELU, there's a question: <a href="https://english.meta.stackexchange.com/questions/6966/mass-infringement-of-our-copyright">Mass infringement of our copyright</a>, which goes on about how some SE sites are being "scraped"; cut and pasted with no attribution, to sites such as LearnHub.org.</p>
<p>From what I... | 1,096 | [
{
"answer_id": 1098,
"body": "<h2>Go to the Source</h2>\n\n<p>If you follow the <a href=\"http://stackexchange.com/legal/terms-of-service\">Legal</a> link at the bottom of the page and read the terms of service, among other things, it says (my emphasis):</p>\n\n<blockquote>\n <p><strong>1. Access to the Se... | [
"copyright",
"creative-commons"
] |
Terminology for contracts in multiple Languages | 2 | https://law.stackexchange.com/questions/1099/terminology-for-contracts-in-multiple-languages | CC BY-SA 3.0 | <p>My company is having contracts drafted in both English and Japanese and we want to have the English version take priority over the Japanese. Is there a specific legal term for this structure? </p>
| 1,099 | [
{
"answer_id": 1102,
"body": "<p>I don't know of a specific legal term but such clauses are quite common in contracts which consist of more than one document. The English words \"priority\", \"prevail\" and \"precedence\" have the meaning you want, however, \"precedence\" runs the risk of being confused wit... | [
"contract-law",
"legal-terms"
] |
Poker considered as gambling? | 4 | https://law.stackexchange.com/questions/1060/poker-considered-as-gambling | CC BY-SA 3.0 | <p>I heard a lot of people say that Poker is a game of skill, not a game of luck. And often, you see the same winners in the finals of poker tournaments.</p>
<p>Does that mean online poker sites do NOT require a gambling license to operate?</p>
| 1,060 | [
{
"answer_id": 1063,
"body": "<p>Game of skill? Nonsense. There <em>are</em> skills that can help you out / prevent you from making bad decisions, but it's still gambling nonetheless.</p>\n\n<p>There is no gambling license you can obtain to operate an online poker site, or really any other online site that ... | [
"gambling"
] |
What is a Transition Bond Company? | 5 | https://law.stackexchange.com/questions/1092/what-is-a-transition-bond-company | CC BY-SA 3.0 | <p>I've come across the term <code>Transition Bond Company</code>, and I'm trying to figure out what it is – in relatively plain English, since I lack any legal background whatsoever.</p>
<p>The context in which I've seen the term used is in connection to regulated utility companies in the US (e.g., electric com... | 1,092 | [
{
"answer_id": 1095,
"body": "<p>\"Transition bonds\" are debt for which the collateral is \"transition property.\"</p>\n\n<p>Periodically U.S. states authorize utilities to levy a charge on individual consumer bills. The reasons they may do so are varied (<em>e.g.</em> to compensate a former monopolist du... | [
"united-states",
"corporate-law"
] |
What is a good formulation for a minor share agreement of USA company (Inc.), before the company shares/options are issued? | 1 | https://law.stackexchange.com/questions/1080/what-is-a-good-formulation-for-a-minor-share-agreement-of-usa-company-inc-be | CC BY-SA 3.0 | <p>The company "Foo Inc" is registered in the U.S. It has not issued any shares or stock options yet.</p>
<p>A company CEO (Alice) needs to make a signed agreement with a third party (Carol) that Carol receives a certain minor amount of company shares or stock options when they are issued.</p>
<ul>
<li>Will this agre... | 1,080 | [
{
"answer_id": 1083,
"body": "<h2>TL;DR</h2>\n\n<ul>\n<li>Yes</li>\n<li>One that covers the essentials and leaves out the crap</li>\n<li>Carol would sue the company, not Alice. She could seek an order for specific performance and/or damages.</li>\n</ul>\n\n<h2>General Corporations Background Stuff</h2>\n\n<... | [
"united-states",
"shareholders"
] |
What is the penalty for illegitimate quoting? | 2 | https://law.stackexchange.com/questions/1041/what-is-the-penalty-for-illegitimate-quoting | CC BY-SA 4.0 | <p>I recently saw <a href="https://twitter.com/duncanwrites/status/514463649235472385" rel="nofollow noreferrer">this Tweet</a> and it made me wonder, in general, can a person be penalized for attributing a false quote to another person? If so, what would that penalty be? If it’s a law, is it a state law or federal law... | 1,041 | [
{
"answer_id": 1047,
"body": "<p>In the US, it is not illegal to lie in general. This includes lying about someone: it's not illegal <em>per se</em> to lie about them. What <em>is</em> illegal is slander and libel: lying about someone in a way that hurts their reputation. The defamation doctrine in the US i... | [
"united-states"
] |
What is the advantage of setting up separate IP holding companies? | 4 | https://law.stackexchange.com/questions/1062/what-is-the-advantage-of-setting-up-separate-ip-holding-companies | CC BY-SA 3.0 | <p>I find that many companies set up separate companies to hold intellectual property. Examples follow:</p>
<ul>
<li>Dunkin' Brands Group, the company which operates the Dunkin' Donuts and Baskin-Robbins chains, has associated intellectual properties assigned to <strong>DD IP Holder, LLC</strong> and <strong>BR IP Hol... | 1,062 | [
{
"answer_id": 1066,
"body": "<p>Placing assets (real or otherwise) in a holding company separate from the operating company serves a number of purposes.</p>\n\n<p>It is a form of insolvency insurance; creditors of the operating company have no recourse on the assets of the holding company.</p>\n\n<p>It can... | [
"united-states",
"intellectual-property",
"corporate-law"
] |
Why are judges allowed to read news and media opinions? | 6 | https://law.stackexchange.com/questions/1023/why-are-judges-allowed-to-read-news-and-media-opinions | CC BY-SA 3.0 | <p>I find it interesting that apparently judges are allowed to read news and opinions about the litigation in front of them, whereas juries would not be.</p>
<p>Why is there such a distinction, and are there any limitations to ensure fair rulings?</p>
<p>For example, this is regarding <a href="http://fightcopyrighttr... | 1,023 | [
{
"answer_id": 1033,
"body": "<p>Your question slightly misrepresents what the article says: Yes, the judge denied the motion which led to the collapse of the case, he did not make a ruling on the substance of the case.</p>\n\n<p>The distinction is significant to my mind as the judge was using non-evidentia... | [
"united-states",
"judging",
"judge"
] |
Is occupation distinct from "source of income"? | 8 | https://law.stackexchange.com/questions/692/is-occupation-distinct-from-source-of-income | CC BY-SA 3.0 | <p>As per <a href="http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12955-12956.2">California Government Code, section 12955</a>, it's illegal to discriminate housing accommodation based on the source of income.</p>
<p>However, what about the occupation itself? For example, is ... | 692 | [
{
"answer_id": 1071,
"body": "<p><a href=\"http://law.onecle.com/california/government/12927.html\" rel=\"nofollow\">The Code defines \"Source of income\" as</a>:</p>\n\n<blockquote>\n <p>lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant.</p>\n</blockquote>\n\n<p>T... | [
"california",
"residential-lease",
"fair-housing-acts"
] |
Does a contractual notice period apply to internal transfers? | 3 | https://law.stackexchange.com/questions/852/does-a-contractual-notice-period-apply-to-internal-transfers | CC BY-SA 3.0 | <p>I work for a UK company. My contractual notice period is one month.</p>
<p>Recently I've successfully applied for an internal post at a higher salary. My understanding is that I will start work in the new post in one months time, at the new salary. My manager says that the amount of time before I start in the new r... | 852 | [
{
"answer_id": 1070,
"body": "<p>This will depend in part on the industry you are in, the terms of the position that and the employment contract you have signed. You may have covenant or some other confidentiality clauses in your contract of employment, so I will not ask you to provide specifics. However, i... | [
"united-kingdom",
"contract-law",
"employment",
"salary"
] |
If Person A gets permission to use Person B's computer, but uses it for illegal activities, who is held liable? | 8 | https://law.stackexchange.com/questions/1068/if-person-a-gets-permission-to-use-person-bs-computer-but-uses-it-for-illegal | CC BY-SA 3.0 | <p>I had this idea to make a network where people can get paid to let other people use their computer for computing purposes. Let's say they got permission to use Person B's computer under terms and conditions, basically saying:</p>
<p>"I will not do anything illegal using this computer."</p>
<p>And they agreed upon ... | 1,068 | [
{
"answer_id": 1069,
"body": "<p>This is likely to depend on whether Person B is aware of what Person A is doing, regardless of any imputations Person A makes as to the nature of their business.</p>\n\n<p>If Person B is aware, or it is found that Person B ought to have been aware, that Person A is doing som... | [
"liability"
] |
Does "so as to" limit the application of a permission, or define it as a possible use case | 2 | https://law.stackexchange.com/questions/1064/does-so-as-to-limit-the-application-of-a-permission-or-define-it-as-a-possibl | CC BY-SA 3.0 | <p>I have been asked to sign an employment agreement which includes</p>
<blockquote>
<p>The Employee irrevocably appoints the Employer as the Employee’s lawful and authorised attorney to sign a document or do any thing and generally to use the Employee’s name <strong>so as to</strong> give to the Employer the full b... | 1,064 | [
{
"answer_id": 1065,
"body": "<p>Contractual terms must always be read in context. Given the context, it is unlikely that the term could support the definition that you are worried about. It is clear that the purpose of you appointing the company as your attorney is to allow them to perfect the IP rights yo... | [
"australia",
"employment"
] |
Public domain status of works by the state of Texas | 4 | https://law.stackexchange.com/questions/1057/public-domain-status-of-works-by-the-state-of-texas | CC BY-SA 3.0 | <p>Stuff written by employees of the US government as part of their employment are supposed to be public domain simply because they're a US government employee, per <a href="http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the_U.S._government" rel="nofollow">Wikipedia</a>.</p>
<p>So what about for the state of... | 1,057 | [
{
"answer_id": 1059,
"body": "<p>The situation in Texas <a href=\"http://www.americanbar.org/publications/communications_lawyer/2013/february/can_states_use_copyright_restrict_use_public_records.html\" rel=\"nofollow\">is unclear</a>.</p>\n\n<blockquote>\n <p>It is worth mentioning Texas as a state where t... | [
"copyright",
"texas",
"public-domain"
] |
Sexually Discriminatory Uniform | 4 | https://law.stackexchange.com/questions/1043/sexually-discriminatory-uniform | CC BY-SA 3.0 | <p>In my school/sixth form the uniform policy states that girls are not allowed to wear trousers and boys are not allowed to wear skirts. Despite multiple attempts to come to a civil solution to this situation we, the student council, have failed to get this amended so that it does not discriminate.
Surely in this day ... | 1,043 | [
{
"answer_id": 1046,
"body": "<p>The answer is a clear <strong>maybe</strong>.</p>\n\n<p>See <a href=\"https://www.gov.uk/discrimination-your-rights/types-of-discrimination\" rel=\"nofollow\">https://www.gov.uk/discrimination-your-rights/types-of-discrimination</a></p>\n\n<p>Discriminating on the basis of s... | [
"united-kingdom",
"discrimination"
] |
Is there a recourse against UPS for not delivering packages on time? | 5 | https://law.stackexchange.com/questions/1037/is-there-a-recourse-against-ups-for-not-delivering-packages-on-time | CC BY-SA 3.0 | <p>I have a "new" address and ZIP code that appears to confuse UPS and consistently causes them to delay delivery of packages to me.</p>
<p>I've tried filing complaints with UPS itself, but to no avail: I tried talking with their local dispatcher but they still don't do much other than help finally locate and deliver ... | 1,037 | [
{
"answer_id": 1038,
"body": "<p>Private carriers typically (and UPS in particular) only have a contractual obligation to the person who pays to send the package. Unless you're the one directly paying UPS to deliver the package <em>you have no legal recourse</em> because you're not a party to the \"contrac... | [
"united-states",
"texas",
"competition",
"shipping"
] |
How hard should a car insurance company try to keep a policy holder up to date? | 4 | https://law.stackexchange.com/questions/1022/how-hard-should-a-car-insurance-company-try-to-keep-a-policy-holder-up-to-date | CC BY-SA 3.0 | <p>This is a situation that I find myself in currently, albeit much abbreviated:</p>
<p>The insurance for our car was due to be renewed. Having not heard from the company, we logged into the on-line portal and saw <strong>"No action required, your policy will be renewed on XX/XX/XXXX"</strong>. Assuming the company'... | 1,022 | [
{
"answer_id": 1034,
"body": "<p>Although your question didn't ask about the criminal side of this, it's important to consider the offence of driving without insurance in the UK. <a href=\"http://www.legislation.gov.uk/ukpga/1988/52/section/143\" rel=\"nofollow noreferrer\">Section 143 Road Traffic Act 199... | [
"united-kingdom",
"insurance"
] |
Is it necessary to renew a tenancy agreement which states: "Expire on (but continuing thereafter by virtue of statute..)" | 3 | https://law.stackexchange.com/questions/990/is-it-necessary-to-renew-a-tenancy-agreement-which-states-expire-on-but-conti | CC BY-SA 3.0 | <p>I have been living in UK for 10 years, lived in 5 different places. Only one of my previous landlords used to renew the contract every year. By renewing I mean signing a new contract and new dates but NO changes.</p>
<p>Is it necessary to do that? when there is no changes in the circumstances or the line above vali... | 990 | [
{
"answer_id": 1024,
"body": "<p>If this is a typical private sector tenancy, then it would initially be a fixed-term one year'assured shorthold tenancy' a type of assured tenancy. The <a href=\"http://www.legislation.gov.uk/ukpga/1988/50/section/5\" rel=\"nofollow\">Housing Act 1988 says</a>:</p>\n\n<block... | [
"united-kingdom"
] |
If no open source license is given on a github account, what rules apply? | 7 | https://law.stackexchange.com/questions/1006/if-no-open-source-license-is-given-on-a-github-account-what-rules-apply | CC BY-SA 4.0 | <p>The GitHub help pages says that</p>
<blockquote>
<p>You're under no obligation to choose a license. It's your right not to include one with your code or project, but please be aware of the implications. Generally speaking, the absence of a license means that the default copyright laws apply. This means that you reta... | 1,006 | [
{
"answer_id": 1021,
"body": "<p>I'll quote from <a href=\"https://softwareengineering.stackexchange.com/q/207941/51295\">my answer on a similar question from Programmers.SE</a>:</p>\n<blockquote>\n<p>...[T]he <a href=\"https://help.github.com/articles/github-terms-of-service/\" rel=\"noreferrer\">Github TO... | [
"copyright"
] |
How might the mention of "the acquis" amongst the principles of an international treaty affect its interpretation? | 2 | https://law.stackexchange.com/questions/1019/how-might-the-mention-of-the-acquis-amongst-the-principles-of-an-international | CC BY-SA 3.0 | <p>The <a href="http://www.tralac.org/resources/by-region/comesa-eac-sadc-tripartite-fta.html" rel="nofollow">Tripartite free-trade agreement</a> was recently signed between various African nations, and includes the following text in its principles:</p>
<blockquote>
<p>The principles governing this Agreement shall b... | 1,019 | [
{
"answer_id": 1020,
"body": "<p>Although the term <em>acquis</em> is very commonly (almost always?) used to refer to EU precedent, the word roughly translates as \"that which has been agreed\" and there's no reason that other legal communities can't use it to refer to their own body of previous decisions. ... | [
"international"
] |
When is it okay as a retail store owner to refuse service to a customer? | 6 | https://law.stackexchange.com/questions/999/when-is-it-okay-as-a-retail-store-owner-to-refuse-service-to-a-customer | CC BY-SA 3.0 | <p>I was reading about the bakery that has been fined for refusing to provide a cake for a lesbian couple: </p>
<p><a href="http://jezebel.com/bakery-that-refused-to-bake-cake-for-lesbian-couple-mus-1715747809" rel="nofollow">http://jezebel.com/bakery-that-refused-to-bake-cake-for-lesbian-couple-mus-1715747809</a></p>... | 999 | [
{
"answer_id": 1000,
"body": "<p>Federally, in places of public accommodation, discrimination based on race, color, religion, or national origin is prohibited by the Civil Rights Act of 1964.</p>\n\n<p>This was upheld in <em><a href=\"https://supreme.justia.com/cases/federal/us/379/241/case.html\" rel=\"nof... | [
"united-states",
"discrimination"
] |
UK second hand car - should catalytic converter be covered under Sale of Goods Act? | 2 | https://law.stackexchange.com/questions/993/uk-second-hand-car-should-catalytic-converter-be-covered-under-sale-of-goods-a | CC BY-SA 3.0 | <p>I recently bought a second hand car from a fairly small dealership. Within 60 miles of driving the engine management light came on. I took it back and they diagnosed the problem as being the catalytic converter and said this wasn't covered by the warranty as it is classified as "wear and tear".</p>
<p>They cleared ... | 993 | [
{
"answer_id": 1001,
"body": "<p><strong>I am not a lawyer; I am not <em>your</em> lawyer.</strong></p>\n\n<p>From the Sale of Goods Act 1979:</p>\n\n<blockquote>\n <p>(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of sat... | [
"united-kingdom",
"vehicle",
"commerce"
] |
Log Viewing Specific Patient PHI? | 5 | https://law.stackexchange.com/questions/982/log-viewing-specific-patient-phi | CC BY-SA 3.0 | <p>Under the HIPAA and HITECH Regulations (US) is it required for a system to record an audit trail for every time a user accesses any PHI(Protected Health Information)?</p>
<p>As I understand it, an audit trail of user logins is required, as well as any time a user adds, edits, or deletes PHI. Does simply viewing / a... | 982 | [
{
"answer_id": 998,
"body": "<p>Simply viewing must be logged.</p>\n\n<p>45 CFR 170.210(b) <em>Record actions related to electronic health information. The date, time, patient identification, and user identification must be recorded when electronic health information is created, modified, <strong>accessed</... | [
"united-states",
"health"
] |
Legal term for negotiator | 2 | https://law.stackexchange.com/questions/991/legal-term-for-negotiator | CC BY-SA 3.0 | <p>For some reason I've been looking for an official term for a person or company (agent?) acting on behalf of other organization (principal?). Example is company A wants to construct a factory in country C. So company A hires company B to negotiate with officials of country C to make an agreement.</p>
<p>Can you plea... | 991 | [
{
"answer_id": 997,
"body": "<p>The standard legal term you are probably looking for to describe Company B is \"<a href=\"http://thelawdictionary.org/attorney-in-fact/\" rel=\"nofollow\">attorney-in-fact</a>.\"</p>\n\n<p>For contract purposes you can call the parties whatever you want. These are \"defined... | [
"united-states",
"contract-law",
"legal-terms"
] |
What does the long underscore in United States case citations stand for? | 14 | https://law.stackexchange.com/questions/972/what-does-the-long-underscore-in-united-states-case-citations-stand-for | CC BY-SA 3.0 | <p>United States court cases are commonly cited like this:</p>
<blockquote>
<p><em>Obergefell v. Hodges</em>, 576 U.S. ___ (2015)</p>
</blockquote>
<p>So... what is "___" here?</p>
| 972 | [
{
"answer_id": 975,
"body": "<p>Underscores are often used to indicate that the particular case has not yet been assigned to a specific <strong>volume</strong> (preceding the reporter abbreviation) or <strong>page</strong> (following the reporter abbreviation).</p>\n\n<p>In your example, the case will appea... | [
"united-states",
"legal-terms"
] |
Pay electricity bill after being evicted on no contract? | 4 | https://law.stackexchange.com/questions/986/pay-electricity-bill-after-being-evicted-on-no-contract | CC BY-SA 3.0 | <p>I moved into a house and started paying rent of $110 per week however I was unaware that none of the other tenants (and hence myself) were on a contract so we were essentially squatters. The electricity bill was also in the name of another tenant living there. After a while we were evicted by the landlord as we did ... | 986 | [
{
"answer_id": 987,
"body": "<p><em>I am not a lawyer; I am not your lawyer.</em></p>\n\n<p>You do not cite a jurisdiction so this makes it very difficult to get a definitive answer. What follows is for Australia but the general principles are common law and would be applicable to other common law jurisdict... | [
"liability",
"australia",
"common-law",
"contract-law"
] |
Can I be sued for posting a night picture of the Eiffel Tower under CC-BY-SA? | 2 | https://law.stackexchange.com/questions/973/can-i-be-sued-for-posting-a-night-picture-of-the-eiffel-tower-under-cc-by-sa | CC BY-SA 3.0 | <p>I am an American tourist visiting France, and take a picture of the Eiffel Tower at night, the tower being the main and central subject of the picture.</p>
<p>Going back to the US, I upload this picture to my website under a CC-BY-SA license.</p>
<p>Can I be sued for infringing the copyright of the Eiffel Tower's ... | 973 | [
{
"answer_id": 983,
"body": "<p><strong>Yes</strong>. Your work is a derivative from the Eiffel lightning so you <em>could</em> be sued (the Société d’Exploitation de la Tour Eiffel may not be too interested in prosecuting you at a foreign country, and thus you might get away with it, but they certainly can... | [
"united-states",
"france"
] |
Can a debt collection agency tell a half truth about who they are? | 4 | https://law.stackexchange.com/questions/961/can-a-debt-collection-agency-tell-a-half-truth-about-who-they-are | CC BY-SA 3.0 | <p>I am in Washington state. Recently, I've been receiving calls from Conserve, a company that provides <code>private and confidential services to private and public companies</code> (as stated by the agent on the phone). This immediately made me suspicious, and when I asked for more information, they simply stated tha... | 961 | [
{
"answer_id": 965,
"body": "<p>They don't have to inform you that they are a debt collector. Because that can be a violation of <a href=\"https://www.law.cornell.edu/uscode/text/15/1692b\" rel=\"nofollow\">15 U.S.C. Section 1692b(2)</a> by exposing that the person they are attempting to collect from has a ... | [
"united-states"
] |
In England and Wales, how can a plaintiff remain private and confidential? | 7 | https://law.stackexchange.com/questions/301/in-england-and-wales-how-can-a-plaintiff-remain-private-and-confidential | CC BY-SA 3.0 | <p>Suppose that a plaintiff wants to bring a lawsuit but keep his/her identity confidential, in either a criminal or a civil case.</p>
<p>The plaintiff refuses to tell either the general public or the media who he/she is. When is this possible? Who decides this request for privacy? Does the plaintiff ever have to choo... | 301 | [
{
"answer_id": 980,
"body": "<p>In general, court hearings are held in public; and anyone is free to make a fair and balanced report of the proceedings. It is important that justice is seen to be done.</p>\n\n<p>However, in some circumstances that is not true—the obvious example is if a child is involved. I... | [
"england-and-wales",
"privacy"
] |
Is there a (preferably free) way to search small claims court records in the UK? | 6 | https://law.stackexchange.com/questions/940/is-there-a-preferably-free-way-to-search-small-claims-court-records-in-the-uk | CC BY-SA 3.0 | <p>I want to check up on a second hand car dealer in the UK to see if they've had any small claims court cases against them (and preferably the result of these cases). Is there any publicly available resource to see this kind of information?</p>
| 940 | [
{
"answer_id": 976,
"body": "<p>This answer applies only to England and Wales.</p>\n\n<p>Unpaid County Court Judgments, and those that remained unpaid for thirty days after being handed down, are a matter of public record. They are held on the Register of Judgments, Orders and Fines by virtue of <a href=\"... | [
"united-kingdom",
"small-claims-court"
] |
Why was the due process clause added to the 14th Amendment? | 4 | https://law.stackexchange.com/questions/963/why-was-the-due-process-clause-added-to-the-14th-amendment | CC BY-SA 3.0 | <p>The <a href="http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution#Due_process" rel="nofollow noreferrer">5th Amendment</a> and the <a href="http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution#Due_Process_Clause" rel="nofollow noreferrer">14th Amendment</a> bo... | 963 | [
{
"answer_id": 964,
"body": "<p>Your assumption is incorrect -- the Bill of Rights proper does <em>not</em> apply to the states, and pre-14th Amendment only bound the federal government. See <em>Barron v. Baltimore</em>, <a href=\"https://supreme.justia.com/cases/federal/us/32/243/case.html\">32 US 243</a>.... | [
"united-states",
"us-constitution",
"fifth-amendment",
"fourteenth-amendment"
] |
Do landlords in Texas really have a duty to mitigate? | 3 | https://law.stackexchange.com/questions/721/do-landlords-in-texas-really-have-a-duty-to-mitigate | CC BY-SA 4.0 | <p>Texas State Legislature has the following Statute on the books:</p>
<p><a href="http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm" rel="nofollow noreferrer">http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm</a></p>
<blockquote>
<p>Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord h... | 721 | [
{
"answer_id": 960,
"body": "<p>If you have already paid out the lease, there is nothing for the landlord to mitigate. Under abandonment, the rent is not paid for the term of the lease.</p>\n<p>The mitigation statute is to dampen excessive, unnecessary damages. If you pay your rent, there are no damages. (I... | [
"residential-lease",
"damage-mitigation",
"texas",
"real-estate",
"sublease"
] |
What is a "revolution"? | 5 | https://law.stackexchange.com/questions/938/what-is-a-revolution | CC BY-SA 3.0 | <p><em>Texas v. White</em> is generally regarded as the case that established that US states cannot unilaterally secede. The majority opinion stated that the union between Texas and the other States could not be dissolved:</p>
<blockquote>
<p>. . . except through revolution or through consent of the States.</p>
</b... | 938 | [
{
"answer_id": 944,
"body": "<p>According to Dorf in \"<a href=\"https://books.google.com/books?id=qOSzUg6soG4C&pg=PA82&lpg=PA82&dq=Texas%20v.%20White%20and%20%22revolution%22&source=bl&ots=hyJ4PJMMgQ&sig=VyOKjMiuW7vVm8NJtSLTBgP8tzk&hl=en&sa=X&ei=8I2aVaD5MY7boASBrYj4CA&am... | [
"united-states",
"constitutional-law"
] |
Can US courts be made to define whether a given search is reasonable (i.e. constitutional)? | 3 | https://law.stackexchange.com/questions/953/can-us-courts-be-made-to-define-whether-a-given-search-is-reasonable-i-e-const | CC BY-SA 3.0 | <p>In 2014, regarding the forced disclosure of the encryption keys of his email service provider company Lavabit, <a href="http://www.theguardian.com/commentisfree/2014/may/20/why-did-lavabit-shut-down-snowden-email" rel="nofollow">Ladar Levison wrote</a>:</p>
<blockquote>
<p>The largest technological question we ra... | 953 | [
{
"answer_id": 955,
"body": "<p>Federal courts <em>can</em> issue opinions on any issue for which an appellant has standing. They tend to rule only as broadly as necessary to decide the particular <a href=\"https://en.wikipedia.org/wiki/Case_or_Controversy_Clause\" rel=\"nofollow\">case or controversy</a> i... | [
"united-states",
"common-law",
"privacy",
"constitutional-law",
"us-constitution"
] |
Youtube Ad Revenue + Guitar tutorial video - Can I make ad revenue from teaching copyrighted guitar songs? | 6 | https://law.stackexchange.com/questions/745/youtube-ad-revenue-guitar-tutorial-video-can-i-make-ad-revenue-from-teaching | CC BY-SA 3.0 | <p>On youtube, can i do the following whilst collecting ad revenue?</p>
<p><code>Teach someone to play a copyrighted song on guitar (i.e. ed sheeran)?</code></p>
<p>Is this an infringement of copyright? I have found some research that suggests it may be ok:</p>
<ul>
<li>The NMPA <a href="https://en.wikipedia.org/wik... | 745 | [
{
"answer_id": 958,
"body": "<p>In order to answer your question we have to parse out an exact meaning for the individual fragments of the question: \"Teach someone to play a copyrighted song\"</p>\n\n<ul>\n<li>What do we mean by \"teach someone\" here? </li>\n</ul>\n\n<p>YouTube is a public medium unless y... | [
"copyright"
] |
Why is Supreme Court seeking brief from Attorney General? | 3 | https://law.stackexchange.com/questions/784/why-is-supreme-court-seeking-brief-from-attorney-general | CC BY-SA 3.0 | <p>It's a well-known concept that federal law preempts state law.</p>
<p>Apparently, as per <a href="http://www.latimes.com/opinion/op-ed/la-oe-0625-bolitho-colorado-preempt-20150624-story.html" rel="noreferrer">LA Times
Op-Ed
The case against Colorado's pot law</a>, Nebraska and Oklahoma are suing Colorado to invalid... | 784 | [
{
"answer_id": 957,
"body": "<p>First off, a court in the United States does not care if the federal law was good policy or bad policy. Courts do not make those decisions. A court cannot strike down a law for being a stupid idea; it can only strike down the law for violating a more fundamental law (i.e. sta... | [
"united-states",
"us-supreme-court",
"preemption",
"colorado"
] |
Can a Texas landlord have the rental contract microscopic / unreadable? | 2 | https://law.stackexchange.com/questions/947/can-a-texas-landlord-have-the-rental-contract-microscopic-unreadable | CC BY-SA 3.0 | <p>My landlord in Texas has the whole residential lease contract formatted for Legal paper, but, for whichever reason, they instead print the PDF as zoomed out on Letter, and the whole thing becomes unreadable small print with wide empty stripes left and right ("no text was cut", they proclaim).</p>
<p>They claim thei... | 947 | [
{
"answer_id": 948,
"body": "<p>Generally, contract terms and conditions must be legible, especially when one is trying to enforce the contract. If the court cannot read the contract as written, it can create its own reasonable terms. </p>\n\n<p>According to <a href=\"http://www.jdsupra.com/legalnews/can-fo... | [
"united-states",
"residential-lease",
"texas",
"real-estate"
] |
Is it legal to directly tie a campaign donation to how a US Congressman votes on a bill? | 3 | https://law.stackexchange.com/questions/952/is-it-legal-to-directly-tie-a-campaign-donation-to-how-a-us-congressman-votes-on | CC BY-SA 3.0 | <p>If you had a connection to a congressman, and spoke to him directly, and said vote yes (or no) on a bill and I will give your upcoming campaign $1M dollars, would that be considered legal under US law?</p>
| 952 | [
{
"answer_id": 954,
"body": "<p>That is <em>quid pro quo</em> corruption and/or bribery, and is a felony.</p>\n\n<p>See (<em>inter alia</em>) <a href=\"https://www.law.cornell.edu/uscode/text/18/201\" rel=\"nofollow\">18 U.S.C. §201</a>, specifically (c)(1)(A), which imposes a fine or jail to anyone who:</p... | [
"united-states"
] |
What would happen if copyright were extended (almost) indefinitely? | 5 | https://law.stackexchange.com/questions/939/what-would-happen-if-copyright-were-extended-almost-indefinitely | CC BY-SA 3.0 | <p>In the past, copyright terms have been repeatedly extended, and some people have called for extensions that would effectively make copyright eternal, such as terms of 10.000 years or "forever minus one day".</p>
<p>If a law were passed today in the United States extending copyright from its current term of "life of... | 939 | [
{
"answer_id": 942,
"body": "<p>See <em><a href=\"http://www.supremecourt.gov/opinions/11pdf/10-545.pdf\" rel=\"nofollow noreferrer\">Golan v. Holder</a></em> 565 U. S. ____ (2012).</p>\n<p>The question was whether Congress could pass a law that caused works in the public domain to regain copyright.</p>\n<p... | [
"united-states",
"copyright"
] |
Must a landlord warn potential rentees about previous pest infestation? | 7 | https://law.stackexchange.com/questions/479/must-a-landlord-warn-potential-rentees-about-previous-pest-infestation | CC BY-SA 3.0 | <p>Must a landlord warn potential renters about previous pest infestations?</p>
<hr>
<p>I am mostly interested in the following locations:</p>
<ul>
<li>California, United States</li>
<li>Massachusetts, United States</li>
<li>Paris, France</li>
<li>Seoul, South Korea</li>
</ul>
<p>I have a particular interest in bed... | 479 | [
{
"answer_id": 950,
"body": "<p>According to <a href=\"http://tenanthub.com/infestations/\" rel=\"nofollow\">Tenant Hub</a>, pest control is the landlord's responsibility. <a href=\"http://www.nolo.com/legal-encyclopedia/california-required-landlord-disclosures.html\" rel=\"nofollow\">NOLO</a> states that:<... | [
"united-states",
"california",
"rent"
] |
Advantage in being first to copyleft a new algorithm? | 6 | https://law.stackexchange.com/questions/434/advantage-in-being-first-to-copyleft-a-new-algorithm | CC BY-SA 3.0 | <p>Say I have created a new (DSP) algorithm. Will I have some advantage if I open source the algorithm under copyleft licence (GPL etc.)? From what I know about licensing this should lock people out from using the exactly same code as closed source, but would they be able to "rewrite" the algorithm as closed source?</p... | 434 | [
{
"answer_id": 439,
"body": "<p>Algorithms are not subject to copyright. A particular implementation can be copyrighted, but an algorithm itself can't be copyrighted. Someone re-implementing the algorithm with their own code has done nothing to give you copyright claims against their work, and is not bound ... | [
"licensing",
"software",
"patents",
"gpl"
] |
Is it legal to restrict employee restroom access? | 5 | https://law.stackexchange.com/questions/890/is-it-legal-to-restrict-employee-restroom-access | CC BY-SA 3.0 | <p>I went to the toilet at least 4 time a day on my last job.</p>
<p>However my boss would restrict access to the bathrooms after 4PM, saying that we could easily hold it until work ends at 5PM.</p>
<p>Is that legal?</p>
| 890 | [
{
"answer_id": 934,
"body": "<p>It is mandatory for the employer to provide sufficient restrooms (“<em>cabinets d'aisance</em>”), as per <a href=\"http://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000018531984&cidTexte=LEGITEXT000006072050&dateTexte=20130918\" rel=\"nofollow\">article ... | [
"france",
"labor-law"
] |
Do TAA members have to use TAA lease contract? | 1 | https://law.stackexchange.com/questions/916/do-taa-members-have-to-use-taa-lease-contract | CC BY-SA 3.0 | <p>It appears that the <strong>TAA <em>Apartment Lease Contract</em></strong> could only be used by a <strong>TAA Member</strong>.</p>
<p>However, what about the other way -- does a TAA Member have to use the TAA Lease Contract?</p>
| 916 | [
{
"answer_id": 931,
"body": "<p>Template leases and other such forms fall under the moniker of association member services. I don't have a copy of the association's bylaws but can't imagine how membership in the association would imply forfeiting the right to enter into a valid contract of one's own choosi... | [
"residential-lease",
"texas",
"taa"
] |
What is the typical sentence for BURGLARY - OCCUPIED DWELLING UNARMED? | -6 | https://law.stackexchange.com/questions/926/what-is-the-typical-sentence-for-burglary-occupied-dwelling-unarmed | CC BY-SA 4.0 | <p>Just asking for a friend in South Florida.</p>
| 926 | [
{
"answer_id": 929,
"body": "<p>This is not a good question for two reasons:</p>\n\n<ol>\n<li>Criminal sentencing guidelines vary by jurisdiction and can be readily found by searching for <code>sentencing guidelines</code> and the jurisdiction in question.</li>\n<li>Sentencing \"typically\" depends on facto... | [
"united-states",
"florida",
"sentencing"
] |
Am I obligated to sign contracts and fill out paperwork post termination? | 8 | https://law.stackexchange.com/questions/899/am-i-obligated-to-sign-contracts-and-fill-out-paperwork-post-termination | CC BY-SA 3.0 | <p>I was asked to resign from a startup then sometime down the line the company asked me sign the following documents</p>
<ol>
<li>Terms of Resignation</li>
<li>Employee Invention Assignment and Confidentiality Agreement</li>
<li>2014 W9 form</li>
</ol>
<p>Some background:</p>
<ul>
<li>I was a contractor in 2013 bri... | 899 | [
{
"answer_id": 903,
"body": "<p>If you want to protect yourself or any property interests you may have in this circumstance you have to talk to a lawyer. You cannot get (or trust) legal advice from the internet.</p>\n\n<p>I will, however, make the following personal observations:</p>\n\n<ol>\n<li>I only pr... | [
"california",
"contract-law",
"employment"
] |
Citations of the Declaration of Independence | 3 | https://law.stackexchange.com/questions/923/citations-of-the-declaration-of-independence | CC BY-SA 3.0 | <p>I know that the Declaration of Independence is generally not considered law, per se. But have its principles ever been cited in the reasoning for a ruling?</p>
| 923 | [
{
"answer_id": 925,
"body": "<p>The Declaration of Independence is often cited (along with the Federalist Papers) when the court is attempting to justify a particular interpretation of The Constitution by looking at the intent of the drafters.</p>\n\n<p>For example, in <em>Arizona State Legislature v. Arizo... | [
"united-states"
] |
Is "hi-speed internet" the same as "broadband"? | 0 | https://law.stackexchange.com/questions/919/is-hi-speed-internet-the-same-as-broadband | CC BY-SA 3.0 | <p><a href="http://www.theverge.com/2015/1/29/7932653/fcc-changed-definition-broadband-25mbps" rel="nofollow">FCC.gov regulates broadband in the United States, and as of early 2015, they define it as 25 Mbps download with 3 Mbps upload (up from 4 and 1, respectively, that it used to be prior to 2015).</a></p>
<p>But a... | 919 | [
{
"answer_id": 922,
"body": "<p>According to the FCC Encyclopedia, <a href=\"https://www.fcc.gov/encyclopedia/types-broadband-connections\" rel=\"nofollow noreferrer\">Types of Broadband Connections</a>:</p>\n<blockquote>\n<p>The term broadband commonly refers to high-speed Internet access that is always on... | [
"united-states",
"internet",
"fcc"
] |
What if a person cannot find a lawyer willing to fight against a powerful party? | 2 | https://law.stackexchange.com/questions/909/what-if-a-person-cannot-find-a-lawyer-willing-to-fight-against-a-powerful-party | CC BY-SA 3.0 | <p>Hereafter, for concision, I use the noun <em>`leviathan'</em> to mean a magisterial, mighty party that can retaliate against lawyers.
I restrict this question to First World countries (e.g., the UK), which I assume can protect lawyers from such leviathans. Suppose:</p>
<ol>
<li>A commoner suffers an injustice at t... | 909 | [
{
"answer_id": 915,
"body": "<p>There should be no more lawyers in an event such as that described by the OP. The Legal Profession, by its own constitution, exists to ensure that everybody can access our adversarial justice system through a diligent and competent advocate.</p>\n\n<p>For example, among the ... | [
"lawyer",
"right-to-counsel"
] |
Would a community website be liable if members took it upon themselves to start privately trading items between each other? | 4 | https://law.stackexchange.com/questions/678/would-a-community-website-be-liable-if-members-took-it-upon-themselves-to-start | CC BY-SA 3.0 | <p>Consider a scenario where a community site, based in Switzerland, with an international member base has two memberships: free accounts and premium subscription-paying accounts. The primary service provided by the website is education as well as providing research tools. However, one feature of the paid subscription ... | 678 | [
{
"answer_id": 902,
"body": "<p>I am not a Lawyer, I am not your Lawyer.</p>\n\n<p>This really depends on the country in which the company owning the website is domiciled and where it operates.\nFor example, if the company is based in the U.S. and only markets in the U.S., only U.S. laws apply. If the compa... | [
"internet",
"liability",
"international"
] |
Copyright issues regarding an individual's likeness and name for a toy | 2 | https://law.stackexchange.com/questions/901/copyright-issues-regarding-an-individuals-likeness-and-name-for-a-toy | CC BY-SA 3.0 | <p>I'm not sure if copyright is the correct term, but you likely understand what I mean. I'll flesh it out a bit more:</p>
<p>Assume a toy was made in the likeness of a celebrity, and from its movement and sounds it is apparent that it is a likeness of the celebrity<sup>1</sup> , and that it would be sold using that ... | 901 | [
{
"answer_id": 920,
"body": "<p>What you are talking about is <a href=\"https://en.wikipedia.org/wiki/Personality_rights\" rel=\"nofollow\">personality rights</a>, not copyright. Personality rights laws cover the usage of someone's name, image, or likeness; the actual laws vary greatly from country to coun... | [
"copyright",
"intellectual-property"
] |
Some link building service got an old webpage of mine and is hosting it on another domain | 0 | https://law.stackexchange.com/questions/895/some-link-building-service-got-an-old-webpage-of-mine-and-is-hosting-it-on-anoth | CC BY-SA 3.0 | <p>Apparently they got it from archive.org. They made no changes to the page except to throw in some links, fitting them into the context so it will look natural to a crawler. They neglected to remove the visitor counter, that's how I found out.</p>
<p>They even left the copyright notice I had on the page.</p>
<p>T... | 895 | [
{
"answer_id": 910,
"body": "<p>Is there any legal remedy? Yes. What you describe is an open-and-shut case of <a href=\"https://en.wikipedia.org/wiki/Copyright_infringement\" rel=\"nofollow\">copyright infringement</a>.</p>\n\n<p>The question is how much effort and expense is involved in dealing with this... | [
"copyright"
] |
Why do VISA and MasterCard comply with U.S. sanctions that erode their business? | 1 | https://law.stackexchange.com/questions/883/why-do-visa-and-mastercard-comply-with-u-s-sanctions-that-erode-their-business | CC BY-SA 3.0 | <p>On what basis does the U.S. government prohibit American companies like VISA, MasterCard, PayPal, et al, from doing business on the Crimean Peninsula?</p>
<p>Crimea is connected with, and backed by, the whole of Russia, which in turn is connected with China, with both being part of BRICS.</p>
<p>The fact that Visa... | 883 | [
{
"answer_id": 884,
"body": "<p><a href=\"http://www.sec.gov/Archives/edgar/data/1403161/000119312507212797/dex31.htm\">Visa is incorporated in Delaware.</a> <a href=\"http://investor.mastercard.com/files/doc_downloads/organizational_documents/Certificate-of-Incorporation-of-MasterCard-Incorporated.pdf\">So... | [
"international",
"finance",
"sanctions"
] |
Excluding Implied Warranties in Multi-national Contracts | 1 | https://law.stackexchange.com/questions/45/excluding-implied-warranties-in-multi-national-contracts | CC BY-SA 4.0 | <p>I am selling specialized industrial products to a Polish company who will use them at a site in Poland. We have hired a Polish lawyer to help us understand/exclude as many implied warranties as possible under Polish law, but have set the applicable law under the contract to New York state law.</p>
<p>Under US law, t... | 45 | [
{
"answer_id": 889,
"body": "<p><strong>I'm not a lawyer; I'm not <em>your</em> lawyer.</strong></p>\n<p>It's difficult proving a negative. I can think of at least one case (in Australian real property law) where the formatting in contracts is prescribed, and deviation could render the contract void.</p>\n<... | [
"warranties",
"ucc",
"contract-law"
] |
What is the state of intellectual property when the owner goes bankrupt? | 22 | https://law.stackexchange.com/questions/871/what-is-the-state-of-intellectual-property-when-the-owner-goes-bankrupt | CC BY-SA 3.0 | <p>A company makes a great game called "AwesomeGame" that costs 20€.</p>
<p>They sell thousands of copies of the game, but ultimately go bankrupt.</p>
<p>What is the status of the game at that point? Do any intellection-property rights or protections of it still exist?</p>
| 871 | [
{
"answer_id": 872,
"body": "<p>A bankrupt company's assets are transferred to its creditors. This includes intangible assets such as trademarks, copyrights, and other intellectual property.</p>\n\n<p>Whoever ends up with the rights to the game can continue to market and distribute it, or use legal means t... | [
"intellectual-property",
"bankruptcy",
"france"
] |
How much street space can restaurants occupy? | 7 | https://law.stackexchange.com/questions/867/how-much-street-space-can-restaurants-occupy | CC BY-SA 3.0 | <p>In Paris, France, what define how much street space can a restaurant occupy?</p>
<p><img src="https://i.stack.imgur.com/6APnN.png" alt="enter image description here"></p>
| 867 | [
{
"answer_id": 881,
"body": "<p>According to the document <a href=\"http://www.tout-paris.org/nouvelles-regles-terrasses-cafe-12922\" rel=\"noreferrer\">Reglement des etalages et terrasses</a>, page 15, such installations may not exceed 50% of the usable area of the sidewalk, and must leave a contiguous are... | [
"france",
"restaurants"
] |
My company handed me a letter today telling me I owe them money because they overpaid me. Do I legally have to pay them? | 15 | https://law.stackexchange.com/questions/16/my-company-handed-me-a-letter-today-telling-me-i-owe-them-money-because-they-ove | CC BY-SA 3.0 | <p>I work an hourly job. I got a letter today telling me that they overpaid me and I owe them money. My job pays minimum wage and I'm not sure how they "overpaid" me, their computers pay me per second that I work. I can view the hours I've worked in the past but they're on a website that my company owns so I'm not sure... | 16 | [
{
"answer_id": 874,
"body": "<p>Go to know that you live in Washington.</p>\n\n<p>Per <a href=\"http://apps.leg.wa.gov/rcw/default.aspx?cite=49.48.210\">RCW 49.48.210</a>, They must give you written notice with their evidence. </p>\n\n<p>Per RCW 49.48.210, section 3, you can (and should) request a review of... | [
"united-states",
"labor-law",
"salary"
] |
Are there any federal laws in the United States regulating non-digital billboards? | 1 | https://law.stackexchange.com/questions/857/are-there-any-federal-laws-in-the-united-states-regulating-non-digital-billboard | CC BY-SA 3.0 | <p>Billboards can be quite a distraction to drivers, and <a href="http://usatoday30.usatoday.com/news/nation/2010-03-22-visual-soup_N.htm" rel="nofollow">some cities have banned digital billboards</a>. However, I haven't been able to find any information on non-digital billboards, which don't seem to be significantly l... | 857 | [
{
"answer_id": 859,
"body": "<p>For interstate and federal highways at least, there are regulations. For example, <a href=\"http://www.metro.us/new-york/times-square-without-billboards/zsJoed---rP5clYN58layE/\" rel=\"nofollow noreferrer\">the billboards in Times Square are illegal</a>.</p>\n<blockquote>\n<... | [
"united-states"
] |
Usage of a gun's design | 6 | https://law.stackexchange.com/questions/861/usage-of-a-guns-design | CC BY-SA 3.0 | <p>I am developing a game, and will be using guns in my game, I just am unsure of a few things. From what I understand, I need written permission to use the name of a gun due to the name being IP, but what about the gun's actual design? If I were to recreate a gun to give it the same 'Look', would infringing upon IP ev... | 861 | [
{
"answer_id": 863,
"body": "<p>While <a href=\"http://www.americanrifleman.org/articles/2010/8/23/trade-dress-its-all-about-looks/\">a gun's appearance can have protection under \"Trade Dress,\"</a> in addition to having design patent protection, <a href=\"http://www.arentfox.com/newsroom/alerts/video-game... | [
"intellectual-property"
] |
Are limiting voting rights to residents of Puerto Rico unconstitutional? | 2 | https://law.stackexchange.com/questions/855/are-limiting-voting-rights-to-residents-of-puerto-rico-unconstitutional | CC BY-SA 3.0 | <p>This is something that I have been thinking after the decision from Supreme Court legalizing same-sex marriages. The Supreme Court based its decision on the fact that prohibiting same-sex marriages constitutes a violation of the 14th amendment, because rights were not granted to all US Citizens by equal.</p>
<p>As ... | 855 | [
{
"answer_id": 856,
"body": "<p>The constitution \"does not confer the franchise [the right to vote for President] on \"U.S. citizens\" but on \"Electors\" who are to be \"appoint[ed]\" by each \"State\". (Rosa v. United States, 417 F.3d 145 (1st Cir. P.R. 2005))</p>\n\n<p>Thus, since <em>no</em> citizen ha... | [
"united-states",
"us-supreme-court",
"human-rights",
"puerto-rico"
] |
StackOverflow logo change vs. user contributions and CC BY-SA 3.0 | 0 | https://law.stackexchange.com/questions/851/stackoverflow-logo-change-vs-user-contributions-and-cc-by-sa-3-0 | CC BY-SA 3.0 | <p>After the temporary <a href="https://meta.stackoverflow.com/q/297859/2302862">LoveOverflow</a> logo change, there has been <a href="https://meta.stackoverflow.com/q/297908/2302862">a</a> <a href="https://meta.stackoverflow.com/q/298007/2302862">whole</a> <a href="https://meta.stackoverflow.com/q/297974/2302862">lot<... | 851 | [
{
"answer_id": 853,
"body": "<h1>I'm not a lawyer; I'm <em>not your lawyer</em> <sup>1</sup></h1>\n\n<p>For the avoidance of doubt, the thrust of this debate is:</p>\n\n<h3>By placing a logo associated with a certain political movement near my user profile, does StackExchange violate Section 4(c) of the <a ... | [
"internet",
"creative-commons",
"terms-of-service"
] |
How does a layperson know whether to hire a Queen's Counsel? | 3 | https://law.stackexchange.com/questions/819/how-does-a-layperson-know-whether-to-hire-a-queens-counsel | CC BY-SA 3.0 | <p>1. A layperson may not know whether his/her case is complex enough to hire a Queen's Counsel. So how does a layperson decide, when deciding hiring a public access barrister?</p>
<p>2. Are barristers obligated to advise a client on such a question? To wit, will a Junior Counsel truly choose to lose business, by tel... | 819 | [
{
"answer_id": 849,
"body": "<p>For question 2, there is a firm requirement on barristers to inform the client if different counsel would be called for. To quote the Bar Standards Board handbook:</p>\n\n<blockquote>\n <p><strong>rC17</strong>\n Your duty to act in the best interests of each \n client (CD... | [
"england-and-wales",
"silks",
"barristers"
] |
In New South Wales, does the proportion of rent paid by co-tenants affect their legal rights? | 2 | https://law.stackexchange.com/questions/437/in-new-south-wales-does-the-proportion-of-rent-paid-by-co-tenants-affect-their | CC BY-SA 3.0 | <p>If a co-tenant <em>on a property (answers would preferably address residential cases, but commercial cases would be acceptable also)</em> pays more rent than another, are they legally entitled to, for instance, more income from the sale of shared belongings? Would they be legally liable for more, if the tenants were... | 437 | [
{
"answer_id": 848,
"body": "<p>Tenants, where there are more than one, are jointly and severally liable for the payment of the rent and are similarly jointly and severally liable for any laws that \"the property\" breaks.</p>\n\n<p>Joint and several liability means that they are each individually responsib... | [
"rental-property",
"australia"
] |
Who is liable for damage? | 5 | https://law.stackexchange.com/questions/438/who-is-liable-for-damage | CC BY-SA 3.0 | <p>Consider the following situation:</p>
<p><img src="https://i.stack.imgur.com/ZxqIg.png" alt="enter image description here"></p>
<p>The red car and blue car are both reversing in the above situation. Just as the red car was in front of the blue car's space, the blue car reversed out crashing into the red car.</p>
... | 438 | [
{
"answer_id": 847,
"body": "<p>I see by your comment to @dw1 that you questioning what your insurance company says.</p>\n\n<p>Let's be clear - what your insurance company says is not necessarily the law! @dw1's answer is the correct legal position.</p>\n\n<p>\"Knock for knock\" is a <em>commercial</em> pos... | [
"liability",
"australia",
"vehicle"
] |
Do people generally have the right not to be photographed on private property? | 9 | https://law.stackexchange.com/questions/660/do-people-generally-have-the-right-not-to-be-photographed-on-private-property | CC BY-SA 3.0 | <p>Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities. </p>
<p>If I wish to take photographs of something on the property and I inadvertently include other people in the photograph, what are my legal rights and responsibilities w... | 660 | [
{
"answer_id": 846,
"body": "<p>Let's put to bed the myth of privacy that is at the heart of your question: in R v Sotheren (2001) NSWSC 204 Justice Dowd said <strong>“A person, in our society, does not have a right not to be photographed\"</strong></p>\n\n<p>So they can ask you to stop; its bad manners if ... | [
"australia",
"privacy"
] |
Starting a new business in the UK | 1 | https://law.stackexchange.com/questions/827/starting-a-new-business-in-the-uk | CC BY-SA 3.0 | <p>My partner recently started trying to sell her crafts through Facebook and through a website (that i am in charge of), she hasn't sold much but it has only being going a month, so we weren't expecting anything spectacular!</p>
<p>A few days ago an 'internet celebrity' posted a picture of her daughter wearing one of... | 827 | [
{
"answer_id": 843,
"body": "<p>I speak from the perspective of Australian law - the general thrust should be the same but the nuances will be different.</p>\n\n<p>There are several different ways that intellectual property (IP) is protected, I quote from <em>Australian Business Law, CCH Australia Ltd</em> ... | [
"copyright",
"england-and-wales",
"trademark",
"name"
] |
What are the potential pitfalls of representing oneself pro se? | 5 | https://law.stackexchange.com/questions/834/what-are-the-potential-pitfalls-of-representing-oneself-pro-se | CC BY-SA 3.0 | <p>Where do pros se litigants most often fail? Is it because of ignorance of legal protocols? Is it because they use overly aggressive tactics that most lawyers wouldn't use? Is it because they failed to prove their case, when a competent lawyer might have succeeded?</p>
<p>This question was inspired by one of the the... | 834 | [
{
"answer_id": 838,
"body": "<p>Most pro se litigants fail in the court procedure area. There are many intricacies about what must be completed by when. </p>\n\n<p>Determining jurisdiction can take a very long time, especially personal jurisdiction. These things set back cases repeatedly.</p>\n\n<p>Addition... | [
"united-states",
"litigation",
"pro-se"
] |
How do websites (or apps) that use pictures or posters of movies not infringe on rights and still make a profit? | 6 | https://law.stackexchange.com/questions/805/how-do-websites-or-apps-that-use-pictures-or-posters-of-movies-not-infringe-on | CC BY-SA 3.0 | <p>Sites like IMDB as well as Rotten Tomatoes and countless other websites or mobile applications (such as flixter, etc.) all use movie posters and images from movies as part of their content which is more or less the selling point of their business <i>(or maybe more accurately how they convince users to keep using).</... | 805 | [
{
"answer_id": 825,
"body": "<p>It would be an overgeneralization to conclude that movie posters are \"fair use for commerical use\".</p>\n\n<p>The uses you see imply that low resolution reproductions of movie posters have been judged by IMDB, Wikipedia, and others to be fair use for the purpose of identifi... | [
"copyright"
] |
What did Samuel Alito (SCOTUS) mean by "super-legislative" power? | 7 | https://law.stackexchange.com/questions/812/what-did-samuel-alito-scotus-mean-by-super-legislative-power | CC BY-SA 3.0 | <p>In <em>Obergefell v. Hodges</em> (the recent gay marriage ruling), Samuel Alito writes in his dissent (p. 73 of this <a href="http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf">PDF</a> containing the electronic opinion):</p>
<blockquote>
<p>This is a naked judicial claim to legislative—indeed, <em>super<... | 812 | [
{
"answer_id": 815,
"body": "<p><em>Super-legislative</em> refers to Alito's contention that the court is effectively legislating, i.e. creating new laws; and doing so by overriding the formal legislative bodies. It is implied by a belief that no existing laws or precedents recognize a right to marry.</p>\n... | [
"legal-terms"
] |
What to do if your car inspection sticker expires? | 3 | https://law.stackexchange.com/questions/806/what-to-do-if-your-car-inspection-sticker-expires | CC BY-SA 3.0 | <p>What should you do if your inspection sticker expires while you're outside the United States? How will you take your car to the inspection center once you get back home if you're not allowed to drive? I'm specifically asking about the law in New York. </p>
<p>Thanks in advance</p>
| 806 | [
{
"answer_id": 808,
"body": "<p>I don't know what, if any, safe harbors are provided under state laws for this, but I have seen apparent Catch-22s like this resolved in the following practical manner: If your car is overdue for inspection, and you are cited for it, and you subsequently offer the officer or ... | [
"united-states",
"new-york-state",
"traffic"
] |
Choosing Which 20% to Inherit | 5 | https://law.stackexchange.com/questions/749/choosing-which-20-to-inherit | CC BY-SA 3.0 | <p>A relative has recently passed away in Spain. I live in the UK.</p>
<p>They have left me 20% of their estate, my brother will receive 80%. I'm expecting this might be 20% of cash and some items such as a mobile home and motorbike, etc.</p>
<p>However they also owned land in Spain that contains an olive grove. I... | 749 | [
{
"answer_id": 759,
"body": "<p>The following is for UK law - no idea what happens in Spain.</p>\n\n<p>The will is a set of instructions that the executor of the will is required to carry out. It is the executor that decides how to give effect to the deceased's wishes.</p>\n\n<p>If the will is as simple as ... | [
"united-kingdom",
"wills",
"spain"
] |
Do disclaimers need to be capitalized? | 29 | https://law.stackexchange.com/questions/743/do-disclaimers-need-to-be-capitalized | CC BY-SA 3.0 | <p>Are disclaimers of warranty, liability, and the like legally required to be in all-caps? For example, the "disclaimer of warranty" section from the <a href="https://gnu.org/licenses/gpl.html">GNU GPL</a>:</p>
<blockquote>
<p>THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT W... | 743 | [
{
"answer_id": 760,
"body": "<p>Do they have to use all caps? Well, no. It's just that companies feel that's the easiest way to make the text \"conspicuous\" which is required by the <a href=\"https://www.law.cornell.edu/ucc\">Uniform Commercial Code</a> explicitly in <a href=\"https://www.law.cornell.edu/u... | [
"united-states",
"licensing",
"disclaimers"
] |
Is there any remedy for unnecessary insult by police in the course of their lawful duties? | 17 | https://law.stackexchange.com/questions/203/is-there-any-remedy-for-unnecessary-insult-by-police-in-the-course-of-their-lawf | CC BY-SA 3.0 | <p>Following up on <a href="https://law.stackexchange.com/q/134/10">Are there any remedies for abusive or insulting behavior by agents executing a search warrant?</a> the more subtle question needs the following elaboration:</p>
<p>My impression is that as far as the law is concerned there is no such tort as "maliciou... | 203 | [
{
"answer_id": 795,
"body": "<p>The officers could incur liability under <a href=\"https://www.law.cornell.edu/uscode/text/28/2680#FN-1REF\" rel=\"noreferrer\">28 U.S.C. 2680 (h)</a> with jurisdiction under <a href=\"https://www.law.cornell.edu/uscode/text/28/1346#b\" rel=\"noreferrer\">28 U.S.C. 1346 (b)</... | [
"united-states",
"search-and-seizure",
"fourth-amendment",
"remedies"
] |
Can google trends data be used for free in a commercial project? | 1 | https://law.stackexchange.com/questions/746/can-google-trends-data-be-used-for-free-in-a-commercial-project | CC BY-SA 3.0 | <p>I need to use google trends data in a commercial project. Does the google trends license prohibit free usage?</p>
| 746 | [
{
"answer_id": 788,
"body": "<p>From what I can see in the <a href=\"https://www.google.com/intl/en-AU/policies/terms/\" rel=\"nofollow\">Terms</a>:</p>\n\n<blockquote>\n <p>Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may... | [
"copyright"
] |
Can sharing YouTube links violate copyright laws? | 4 | https://law.stackexchange.com/questions/761/can-sharing-youtube-links-violate-copyright-laws | CC BY-SA 3.0 | <p>Suppose an app has a collection of links to YouTube videos about a particular topic (e.g., sports). Users can watch video by clicking on the Play video button. This will open up the YouTube video in the official YouTube app or browser if the user wishes to do so. </p>
<p>Could this violate any copyright law, or the... | 761 | [
{
"answer_id": 791,
"body": "<p>Copyright Law:</p>\n\n<p><a href=\"https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB8QFjAA&url=http%3A%2F%2Fir.lawnet.fordham.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D1442%26context%3Diplj&ei=SBmOVdXj... | [
"copyright",
"terms-of-service"
] |
Obergefell and its implications on other family rights | 4 | https://law.stackexchange.com/questions/767/obergefell-and-its-implications-on-other-family-rights | CC BY-SA 3.0 | <p>Now that same sex marriage is legal in all 50 states, I was wondering what the impact of this decision would be on laws that limit the abilities of same-sex couples to adopt children and other benefits.</p>
<p>Additionally, the U.S. Supreme Court did not set out the level of scrutiny to be used in determining discr... | 767 | [
{
"answer_id": 770,
"body": "<p>Chief Justice Roberts, dissenting, says (<a href=\"http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf\" rel=\"nofollow\">at p. 24</a>):</p>\n\n<blockquote>\n <p>The equal protection analysis might be different, in my view, if we were confronted with a more focused ch... | [
"united-states",
"us-supreme-court",
"marriage",
"first-impression"
] |
Is it always permissible to republish the Metadata of a website? | 3 | https://law.stackexchange.com/questions/762/is-it-always-permissible-to-republish-the-metadata-of-a-website | CC BY-SA 3.0 | <p>If you right click in this website and select "View page source", you can find between hundreds of lines of code the following:</p>
<pre><code> <meta name="twitter:card" content="summary">
<meta name="twitter:domain" content="law.stackexchange.com"/>
<meta property="og:type" content="websi... | 762 | [
{
"answer_id": 766,
"body": "<p><strong>Please Note: This was written before the title change of this question and may no longer be applicable</strong></p>\n\n<p>According to the <a href=\"http://cyber.law.harvard.edu/property00/alternatives/non-copyrightable.html\" rel=\"nofollow\">Harvard website</a>:</p>... | [
"copyright",
"internet"
] |
Is Denver International Airport (DEN) cannabis-friendly? | 2 | https://law.stackexchange.com/questions/774/is-denver-international-airport-den-cannabis-friendly | CC BY-SA 3.0 | <p>Denver International Airport (DEN) has a number of smoking lounges, something I've never seen in any other airport anywhere in the States.</p>
<p>Are those lounges allowed to sell cannabis, since it's now all legal in Colorado?</p>
| 774 | [
{
"answer_id": 775,
"body": "<p>No, they are not. The airport is supposedly under federal jurisdiction (according to a DEN employee), and the federal government does not allow such sales to take place. Thus, all smoking lounges in DEN are cannabis-free.</p>\n\n<p>Apparently, according to an employee withi... | [
"united-states",
"colorado"
] |
Legal Identity for Conjoined Twins | 9 | https://law.stackexchange.com/questions/755/legal-identity-for-conjoined-twins | CC BY-SA 3.0 | <p><a href="https://en.wikipedia.org/wiki/Conjoined_twins#Types_of_conjoined_twin">Conjoined Twins</a> are identical twins who share some physical connection. In particular, some share the same body, although both possess separate heads. As such, what are the legal ramifications for dicephalic twins, inasmuch as person... | 755 | [
{
"answer_id": 757,
"body": "<p>Well they are two distinct people, as you reveal by using plural verbs throughout your question. I don't think anyone would endeavour to argue that two conjoined twins, each possessing his own head, mind and personality, are in fact one person (is that your question?).</p>\n\... | [
"criminal-law",
"natural-person",
"citizenship",
"juridical-person"
] |
Process Service - Why the secretary of state? | 2 | https://law.stackexchange.com/questions/750/process-service-why-the-secretary-of-state | CC BY-SA 4.0 | <p>I understand from <a href="https://en.wikipedia.org/wiki/Service_of_process" rel="nofollow noreferrer">Wikipedia</a> that many states in the US require that companies have a designated agent in each jurisdiction where they do business to accept service.</p>
<p>It seems that at least in some states, <a href="http://c... | 750 | [
{
"answer_id": 754,
"body": "<p>What does it accomplish? It guarantees that all corporations doing business in New York can be served.</p>\n\n<p>(A company's having an agent for the service of process does not prohibit people from serving the corporation directly. The secretary may be \"the agent upon whi... | [
"united-states",
"civil-procedure"
] |
How can one go about amending the law? | 4 | https://law.stackexchange.com/questions/724/how-can-one-go-about-amending-the-law | CC BY-SA 3.0 | <p>If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it?</p>
<p>For example, in Texas, a lot of landlords charge exuberant fees for residential lease re-assignment, even if the tenant goes about finding a new person ... | 724 | [
{
"answer_id": 731,
"body": "<p>Call, write, or visit the office of your legislative representative. <a href=\"http://www.fyi.legis.state.tx.us/Home.aspx\" rel=\"nofollow noreferrer\">This page</a> can help you figure out who that is. They have the ability to introduce a bill into the legislature that wou... | [
"texas",
"sublease",
"legislature"
] |
Is it legal to share a script that scrapes a website and presents in a different format? | 4 | https://law.stackexchange.com/questions/633/is-it-legal-to-share-a-script-that-scrapes-a-website-and-presents-in-a-different | CC BY-SA 3.0 | <p>Most news sites and tech blogs provide only a summary in their rss feeds. If I write a script that scrapes their website and extracts some useful data, can I share the script as open source. Does it depend on each and every website and needs prior permission? If scraping is not allowed without permission, who is gui... | 633 | [
{
"answer_id": 733,
"body": "<p><strong>Check the website's terms of service.</strong> Check to see if you're violating these terms, and check to see if the script you are making enables other people to violate them. Courts don't often look kindly on actions whose sole purpose is enabling someone else to ... | [
"united-states",
"internet",
"india"
] |
E-Z Pass violation code and law description? | 1 | https://law.stackexchange.com/questions/729/e-z-pass-violation-code-and-law-description | CC BY-SA 3.0 | <p>E-Z Pass is an electronic toll collection company in the East Coast of the USA. I have an account with them, and it works great.</p>
<p>I forgot to update my credit-card and the account was not able to automatically add money to the account balance. As a result, I got two violations. Both violation letters state t... | 729 | [
{
"answer_id": 732,
"body": "<p>EZ-Pass is an interstate consortium, so unless your \"violation\" was a summons citing a state Statute I would assume the \"violations\" were sent to you pursuant to the consortium's Terms and Conditions, making this a contract question (and something you would address accord... | [
"united-states",
"traffic",
"fees"
] |
Do commission only employees need to be paid vacation pay? | 8 | https://law.stackexchange.com/questions/711/do-commission-only-employees-need-to-be-paid-vacation-pay | CC BY-SA 3.0 | <p><em>Note: I'm making this company as if it were located in Ontario, Canada. So all the proper rules and regulations of that region would apply to this company.</em></p>
<p>I'm currently using the software <a href="http://quickbooks.intuit.ca/">Quickbooks</a> to set up a mock company and figure out how to pay employ... | 711 | [
{
"answer_id": 728,
"body": "<p><strong>I am not a lawyer. I am not <em>your</em> lawyer.</strong></p>\n\n<p>The Labour Program has issued <a href=\"http://www.labour.gc.ca/eng/resources/ipg/012.shtml\" rel=\"nofollow\">an interpretation</a> on the definition of \"wages\", and <strong>specifically includes<... | [
"canada",
"labor-law"
] |
Child support calculation in Ohio | 5 | https://law.stackexchange.com/questions/715/child-support-calculation-in-ohio | CC BY-SA 3.0 | <p>Under Ohio law, a person's income must change by 30% or more either up or down to trigger the <a href="http://jfs.ohio.gov/ocs/" rel="noreferrer">CSEA</a> to reevaluate the support order amount. If the income changes by a lesser amount there is no administrative review.</p>
<p>However, a judicial review is still po... | 715 | [
{
"answer_id": 716,
"body": "<p>The <a href=\"https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-622.aspx\" rel=\"nofollow\">Ohio State Bar</a> agrees with the state employee that you can go to court. The statute in question seems to be <a href=\"http://codes.ohio.gov/orc/3119.79\" ... | [
"united-states",
"ohio"
] |
Diplomatic Immunity and Statute Law | 1 | https://law.stackexchange.com/questions/710/diplomatic-immunity-and-statute-law | CC BY-SA 3.0 | <p>I know an Ambassador who committed a crime and fled abroad on diplomatic immunity. Will he be able to return to his native country in the future under statute barred or statute of limitations rules? He would have been jailed for five years if he wasn't a Diplomat.</p>
| 710 | [
{
"answer_id": 713,
"body": "<p>There are several options that the Home country has. </p>\n\n<ol>\n<li><p>It can choose to waive diplomatic immunity and allow the Host nation (Saudi Arabia in this case) to pursue legal charges in their own system.</p></li>\n<li><p>The Home nation can choose to pursue charg... | [
"criminal-law"
] |
Can a country start sending troops before declaring war? | 11 | https://law.stackexchange.com/questions/614/can-a-country-start-sending-troops-before-declaring-war | CC BY-SA 3.0 | <p>Can a country send invasion forces before an official declaration of war?</p>
<p>So, if the US wants to invade France, can they, under international law, officially declare war by the time their aircraft carriers are already half way across the Atlantic, with clear orders to invade? Would it be different if they we... | 614 | [
{
"answer_id": 617,
"body": "<p>This is a hard question, but a good question. The following relates to the issue from the perspective of the USA.</p>\n\n<p>You ask \"...if the US wants to invade France, <strong>can</strong> they officially declare war by...\", You have to make clear what you mean by \"can\"... | [
"international",
"laws-of-war"
] |
What are the rights of the creditors of "nondischargeable" debts after a bankruptcy? | 3 | https://law.stackexchange.com/questions/702/what-are-the-rights-of-the-creditors-of-nondischargeable-debts-after-a-bankrup | CC BY-SA 3.0 | <p>Suppose there was a bankruptcy filing, and there was $500,000 of debt that was ruled non-dischargeable. Let's say that the debtor kept a house that was less than the value of the exemption ($300,000 per couple in New York).</p>
<p>Suppose the value of the debtor's house skyrocketed to $1 million. Can the non-discha... | 702 | [
{
"answer_id": 705,
"body": "<p>Short answer, yes.</p>\n\n<p>Long answer, only a judge can order a person to act, and a judge would make efforts in accordance with the laws of the jurisdiction to satisfy the debt if such an avenue were feasible and would not unduly burden the debtor (something similar to cr... | [
"new-york-state",
"bankruptcy"
] |
Is it legal to prevent a single parcel of land from being split? | 6 | https://law.stackexchange.com/questions/690/is-it-legal-to-prevent-a-single-parcel-of-land-from-being-split | CC BY-SA 3.0 | <p>I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, to which he replied that the city will never allow to re-zone and/or split the parcel of the land he owns, and that ... | 690 | [
{
"answer_id": 694,
"body": "<p>Minimum parcel sizes after a split are viable targets for regulation. Counties or townships (typically, or similarly niche jurisdictional units) set the numbers for what size of parcel subdivision is allowed. </p>\n\n<p>Though not a California example, here you can see that... | [
"united-states",
"california",
"real-estate"
] |
Is it legal to restrict housing to certain occupations? | 5 | https://law.stackexchange.com/questions/689/is-it-legal-to-restrict-housing-to-certain-occupations | CC BY-SA 3.0 | <p>I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, to which he replied that the city will never allow to re-zone and/or split the parcel of the land he owns, and that ... | 689 | [
{
"answer_id": 691,
"body": "<p>Not in the state of California. California law prohibits discrimination based on source of income; only discrimination based on <em>amount</em> of income is allowed. See the <a href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=129... | [
"united-states",
"contract-law",
"residential-lease",
"fair-housing-acts"
] |
OVI/DUI Rights and Requirements | 1 | https://law.stackexchange.com/questions/552/ovi-dui-rights-and-requirements | CC BY-SA 3.0 | <p>I have been trying to find a definitive answer about what you are legally required to provide an officer at an OVI/DUI checkpoint in Ohio.</p>
<p>I know that Ohio is a "Stop and Identify" state. However, that only applies if you are reasonably suspected of committing a crime. Also, that is just name, address, and d... | 552 | [
{
"answer_id": 553,
"body": "<p>The following is not legal advice.</p>\n\n<p>In general, <a href=\"http://caselaw.findlaw.com/us-supreme-court/460/491.html\" rel=\"nofollow\">Florida v. Royer</a> says that only if there is a reasonable reason for doing so, a person may not be detained. For example:</p>\n\n<... | [
"police",
"driving",
"ohio"
] |
Typo on Lease, Who is Responsible? | 12 | https://law.stackexchange.com/questions/650/typo-on-lease-who-is-responsible | CC BY-SA 3.0 | <p>The lease agreement for my rental home clearly says that the landlord is responsible for paying for garbage services. However, after asking why I hadn't received our garbage bins yet, the leasing company told me that there was a typo on the lease and that I am responsible for all utilities (citing advertisements for... | 650 | [
{
"answer_id": 651,
"body": "<p>The advertisement is simply an <a href=\"https://en.wikipedia.org/wiki/Invitation_to_treat\">invitation to treat</a>.</p>\n\n<p>The lease was <a href=\"https://en.wikipedia.org/wiki/Offer_and_acceptance\">the contract offer, and your signature and payment were acceptance of t... | [
"residential-lease",
"legal-writing"
] |
In the case that multiple wills with conflicting terms are left, which one prevails? | 6 | https://law.stackexchange.com/questions/665/in-the-case-that-multiple-wills-with-conflicting-terms-are-left-which-one-preva | CC BY-SA 3.0 | <p>Suppose I die and, on the day before, I have signed two wills with conflicting terms.</p>
<p>If, for some reason, it is not possible to determine which of these was signed first, which terms will prevail? How is this decided?</p>
| 665 | [
{
"answer_id": 667,
"body": "<p>In most places I imagine the issue would go before a probate judge who would attempt to determine the validity of each presented will, and if both were valid, then they would attempt to reconcile the disparities to the best of their ability.</p>\n\n<p>Broadly speaking, the pr... | [
"australia",
"wills"
] |
Remove liability for user submitted content | 6 | https://law.stackexchange.com/questions/640/remove-liability-for-user-submitted-content | CC BY-SA 3.0 | <p>I run a website and recently had a small legal dispute with content posted by a user. A copyright owner wanted me to remove content, I acknowledged the request, requested for proof of ownership, confirmed ownership, removed the infringing content and the copyright owner left me alone.</p>
<p>I'm happy to remove inf... | 640 | [
{
"answer_id": 653,
"body": "<p>Thank you all for the help in answering my question.</p>\n\n<p>I've spoken with a lawyer through a friend of a friend and he explained that as long as I provide a way for people to make complaints about illegal or copyright infringing content and respond or make [and log] eff... | [
"copyright",
"liability",
"dmca",
"ownership"
] |
How can I decide, whether I can include a particular image in my commercial blog posts and e-books? | 2 | https://law.stackexchange.com/questions/641/how-can-i-decide-whether-i-can-include-a-particular-image-in-my-commercial-blog | CC BY-SA 3.0 | <p>Imagine I have a blog, on which people can download some free e-book. The purpose of the blog and e-book is to establish connection with potential buyers and eventually sell them something.</p>
<p>Imagine further that I have found an image, which I consider including into my materials. What kind of algorithm can I... | 641 | [
{
"answer_id": 642,
"body": "<p>To answer the question "Is the use of a screencap from <em>The Matrix</em> in <a href=\"http://www.yegor256.com/2015/05/28/one-primary-constructor.html\" rel=\"nofollow noreferrer\">this blog post</a> fair use?"</p>\n<p>This is clear-cut: no.</p>\n<p><a href=\"https... | [
"united-states",
"copyright",
"fair-use"
] |
What prevents uber to draw up end user contracts? | 8 | https://law.stackexchange.com/questions/637/what-prevents-uber-to-draw-up-end-user-contracts | CC BY-SA 4.0 | <p>What prevents companies like Uber to draw up contracts, which both the riders and drivers have to <code>sign</code> / <code>agree to</code> if they want to use Uber?</p>
<p>This is in light of recent events related to <a href="http://www.bbc.com/news/world-us-canada-33171508" rel="noreferrer">Uber drivers being rule... | 637 | [
{
"answer_id": 638,
"body": "<p>Contracts that violate local law are void in just about every jurisdiction, as are contracts against clearly defined public policy. In many cases, laws are specifically <em>designed</em> to restrict otherwise valid contracts; for instance, in the US, an employment contract th... | [
"contract-law"
] |
Authority to enforce a law after it expires in New York | 4 | https://law.stackexchange.com/questions/628/authority-to-enforce-a-law-after-it-expires-in-new-york | CC BY-SA 4.0 | <p>Recently, with the hubbub surrounding the expiration of the <a href="https://en.wikipedia.org/wiki/Rent_control_in_New_York" rel="nofollow noreferrer">law authorizing rent control</a> in New York City, Governor Cuomo issued a statement with this content, as quoted in the <a href="http://www.nydailynews.com/news/poli... | 628 | [
{
"answer_id": 635,
"body": "<p>There is a relevant <a href=\"https://politics.stackexchange.com/questions/639/are-all-retroactive-laws-ex-post-facto-laws\">Q&A here</a> about how <em>ex post facto</em> is defined in the United States.</p>\n\n<p>Not all law is about crime, and that includes NY rent cont... | [
"united-states",
"new-york-state",
"rent"
] |
Is there a copyright on a license agreement | 9 | https://law.stackexchange.com/questions/632/is-there-a-copyright-on-a-license-agreement | CC BY-SA 3.0 | <p>I need a license agreement for a product. Many similar products have their license agreement available online. I would like to take one of the better fitting ones and adapt it to my needs (adapt company name, product etc).</p>
<p>Is there a copyright on a license agreement document? Would I be breaking it by doing ... | 632 | [
{
"answer_id": 634,
"body": "<p>There are 2 conditions for a work to be protected under copyright:</p>\n<ol>\n<li>originated from the author</li>\n<li>involves the author's skill and labor</li>\n</ol>\n<p>(Note that "original" does not necessarily mean "creative". Also, the standard of &... | [
"copyright",
"licensing"
] |
USA: Does a user who has falsely stated that he/she has read an EULA or similiar agreement risk liability solely for the false statement? | 6 | https://law.stackexchange.com/questions/624/usa-does-a-user-who-has-falsely-stated-that-he-she-has-read-an-eula-or-similiar | CC BY-SA 3.0 | <p>Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/she has <strong>read</strong> and <strong>agrees</strong> to the terms. However, many users don't even read the terms a... | 624 | [
{
"answer_id": 626,
"body": "<p>The EULA is in most jurisdictions a legally binding contract; there is plenty of case law that supports this.</p>\n\n<p>You can only be liable under a contract for breaching its terms and only to the extent that the other party suffers harm from that breach.</p>\n\n<p>Clearly... | [
"united-states",
"contract-law",
"liability",
"eula"
] |
Can states regulate the tint of rear side windows and rear windshields on a car? | 4 | https://law.stackexchange.com/questions/612/can-states-regulate-the-tint-of-rear-side-windows-and-rear-windshields-on-a-car | CC BY-SA 3.0 | <p>There is a list of North American tint laws over at <a href="http://www.iwfa.com/News/StateLawCharts-AutomotiveWindowFilm.aspx" rel="nofollow noreferrer">International Window Film Association (IWFA)</a> (also <a href="http://www.solargard.com/window-films/automotive/tint-laws" rel="nofollow noreferrer">html</a>).</p... | 612 | [
{
"answer_id": 616,
"body": "<p>The legitimate interests are officer safety - seeing into the car - and general driver safety - it's more difficult for a driver to see out of the car especially at night.</p>\n\n<p>Yes, taking a car into a state where your tint is illegal can get you a ticket in the new stat... | [
"united-states",
"california",
"vehicle",
"interstate-travel"
] |
Is it possible for me to break a lease that is co-signed if my health suffers from staying at the apartment? | 9 | https://law.stackexchange.com/questions/607/is-it-possible-for-me-to-break-a-lease-that-is-co-signed-if-my-health-suffers-fr | CC BY-SA 3.0 | <h2>Problem Overview</h2>
<p>I live in an apartment in Georgia and the tenant above me is smoking a lot of marijuana every day and has been doing so for the last three months. While inside the apartment, <strong><a href="https://health.stackexchange.com/questions/1262/how-likely-is-a-person-to-develop-permanent-heal... | 607 | [
{
"answer_id": 620,
"body": "<p>Short answer: <strong>Yes, you can get out.</strong> However, this will be harder than you may want it to be.</p>\n\n<hr>\n\n<p>You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by <a href=\"https://en.w... | [
"residential-lease",
"landlord",
"health",
"georgia"
] |
Without a lease, how to establish Maryland residency for driver's license? | 1 | https://law.stackexchange.com/questions/585/without-a-lease-how-to-establish-maryland-residency-for-drivers-license | CC BY-SA 3.0 | <p>I have worked/rented in Maryland for 18mo, but the coworker I rent a room from won't give me a lease (and I do not wish to create any problems with him by insisting). </p>
<p>Can I get my driver's license with no lease? </p>
| 585 | [
{
"answer_id": 586,
"body": "<p>The <a href=\"http://www.mva.maryland.gov\" rel=\"nofollow\">Maryland MVA</a>'s '<a href=\"http://www.mva.maryland.gov/drivers/apply/sources-of-proof.htm\" rel=\"nofollow\">sources of proof</a>' page lists these as proof of Maryland residency; at least two are required. </p>... | [
"residential-lease",
"maryland"
] |
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