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Software Packaging laws
3
https://law.stackexchange.com/questions/599/software-packaging-laws
CC BY-SA 3.0
<p>When Microsoft packaged Internet Explorer with Windows, they were sued for antitrust violations. However, today every operating system has its own built-in browser, including ones by the companies that complained about Microsoft (Google, Apple, Mozilla Corporation). What is the legal difference between what Microsof...
599
[ { "answer_id": 603, "body": "<p>From Baker, Donald I. \"To Indict or Not to Indict: Prosecutorial Discretion in Sherman Act Enforcement.\" Cornell L. Rev. 63 (1977): 405:</p>\n\n<blockquote>\n <p>The Assistant Attorney General must ultimately decide whether\n to bring a criminal prosecution. He bases that...
[ "software", "antitrust-law" ]
Is there a good defense against libel if a fictitious character is clearly a &quot;composite?&quot;
3
https://law.stackexchange.com/questions/537/is-there-a-good-defense-against-libel-if-a-fictitious-character-is-clearly-a-co
CC BY-SA 3.0
<p>The name I had in mind was "Hillary Rice Whitman," the first female President of the United States. Maybe I'd make it Hillary Elizabeth Rice Whitman.</p> <p>Is the creation of the "composite" a strong signal of fiction?</p> <p>Or, conversely, if one of those three or four people sued for something derogatory, is a...
537
[ { "answer_id": 609, "body": "<p>(Most of this post is focused on discussion of the surrounding issues, with little in the way of advice. If you actually have to deal with this problem, skip to the end.)</p>\n\n<p>American defamation law is extraordinarily weak (relative to Europe) thanks to <a href=\"https...
[ "united-states", "libel" ]
Does a boilerplate legal disclaimer protect authors of content on a website?
9
https://law.stackexchange.com/questions/78/does-a-boilerplate-legal-disclaimer-protect-authors-of-content-on-a-website
CC BY-SA 3.0
<p>Specifically, if the website itself has legal disclaimers to protect itself from litigation arising from legal advice provided on it, would a similar disclaimer claiming to disclaim authors of content on the website protect those authors? </p>
78
[ { "answer_id": 84, "body": "<p>A disclaimer claiming to disclaim authors of content on the website can/cannot protect those authors depending upon:</p>\n\n<ol>\n<li>Visibility of the Disclaimer on the website</li>\n<li>On whether it can be proved that the disclaimer was included intentionally to be brought ...
[ "united-states", "internet" ]
What is the &#39;right of possession&#39; and how is it transferred?
2
https://law.stackexchange.com/questions/556/what-is-the-right-of-possession-and-how-is-it-transferred
CC BY-SA 3.0
<p>I am evicting a tenant because they are in arrears on their rent. I am pretty sure any self-help options are illegal here in Hong Kong (based on British law). Does having the right of possession protect him from being treated like a squatter? E.g. if a random guy moves into my apartment without permission I can jus...
556
[ { "answer_id": 582, "body": "<p>No, you cannot just call the police and throw him out.</p>\n\n<p>Here are two concepts which sound a bit abstract: \"<em>who does the property belong to</em>\" and \"<em>who can use this property</em>\".</p>\n\n<p>Let's say I rent an apartment. One night, the landlord knocked...
[ "rental-property", "hong-kong" ]
Does expected value bear upon the calculation of compensatory damages?
7
https://law.stackexchange.com/questions/597/does-expected-value-bear-upon-the-calculation-of-compensatory-damages
CC BY-SA 3.0
<p>Suppose I am given a lottery ticket. This ticket has a 1 in 1000 chance of winning me one million dollars, and will otherwise be worth nothing.</p> <p>Before I can see whether I've won, some guy comes along and destroys the ticket. There is no way to buy a replacement, and no way of knowing whether the ticket would...
597
[ { "answer_id": 606, "body": "<h1>Sort of.</h1>\n<p>In this instance, it doesn't seem that the damages awarded (if any) would be <a href=\"http://en.wikipedia.org/wiki/Damages#Compensatory_or_expectation_damages\" rel=\"nofollow noreferrer\">compensatory damages</a>, but <a href=\"http://en.wikipedia.org/wik...
[ "common-law" ]
In UK: is it a requirement by the law to carry an ID
5
https://law.stackexchange.com/questions/589/in-uk-is-it-a-requirement-by-the-law-to-carry-an-id
CC BY-SA 3.0
<p>What if I get stopped by immigration officers and I have no ID on me? I am a British citizen. </p>
589
[ { "answer_id": 594, "body": "<p>There is no general duty to carry your identity with you when inside the UK, nor to identify yourself to any official. Many UK citizens have no photographic proof of identity at all. (My parents did not for many years, until they obtained fresh passports.)</p>\n\n<p>I am conf...
[ "united-kingdom" ]
Regarding &quot;Right to be Forgotten&quot;, what&#39;s the definition of a &quot;search engine&quot;?
6
https://law.stackexchange.com/questions/511/regarding-right-to-be-forgotten-whats-the-definition-of-a-search-engine
CC BY-SA 3.0
<blockquote> <p><a href="http://www.theguardian.com/technology/2014/jun/08/google-search-results-indicate-right-to-be-forgotten-censorship" rel="nofollow">&sect;&sect;</a> &mdash; The decision by Europe's highest court allows people living in Europe to ask for links to "inadequate, irrelevant or no longer relevant" m...
511
[ { "answer_id": 512, "body": "<p>The judgment (<a href=\"http://www.bailii.org/eu/cases/EUECJ/2014/C13112.html\">Google Spain and Google (Judgment of the Court) [2014] EUECJ C-131/12</a>) is definitive on this point at paragraph 41:</p>\n\n<blockquote>\n <p>...the activity of a search engine consisting in f...
[ "copyright", "international" ]
What is &quot;fair comment&quot; in the context of a defamation suit?
1
https://law.stackexchange.com/questions/349/what-is-fair-comment-in-the-context-of-a-defamation-suit
CC BY-SA 3.0
<p>Suppose there is a nationally known politician, and it is widely reported in the papers that some of his supporters fear leaving their college-aged daughters alone with him.</p> <p>And suppose someone writes a work that is purportedly fiction, but uses the politician's real name, and in the story, the hero expresse...
349
[ { "answer_id": 371, "body": "<p>Fair comment is a defense against defamation claims where the statement at issue is an expression of opinion, reasonably based on (preferably disclosed or well-known) true facts, which is on a matter of public concern, and which is the honest opinion of the speaker which was ...
[ "united-states", "libel", "defamation" ]
Restrictions on international data storage?
4
https://law.stackexchange.com/questions/481/restrictions-on-international-data-storage
CC BY-SA 3.0
<p>Firstly, I apologize for any brevity in my question and description. I'm under a NDA and can't really give out specifics.</p> <p>A company in the Netherlands is saying that it would not be lawful for them to locate their primary data storage (specifically, supplier and part information) internationally in the Unit...
481
[ { "answer_id": 540, "body": "<p><em>I am not a lawyer; I am not <strong>your</strong> lawyer.</em></p>\n\n<p>I may have some of the terminology wrong, and I haven't researched specific statutes or sections, but I recall an interesting interaction between the USA PATRIOT Act and EU/Dutch Data Storage Laws.<s...
[ "international", "business" ]
Origin/purpose of &quot;Language&quot; section in legal agreements
11
https://law.stackexchange.com/questions/463/origin-purpose-of-language-section-in-legal-agreements
CC BY-SA 3.0
<p>I've noticed a number of legal documents recently (<a href="https://www.fastmail.com/about/tos.html">FastMail's ToS</a>, <a href="https://developer.apple.com/programs/terms/apple_developer_agreement.pdf">Apple's Developer Agreement</a>, <a href="https://duckduckgo.com/?q=It+is+the+express+will+of+the+parties+that+th...
463
[ { "answer_id": 534, "body": "<p>This language is almost certainly included in an attempt to make the agreement comply with the <a href=\"http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&amp;file=/C_11/C11_A.html\">Charter of the French Language</a>. The Charter is the legal do...
[ "legal-history", "legal-writing" ]
Does the European Commission have jurisdiction in the U.S.?
9
https://law.stackexchange.com/questions/494/does-the-european-commission-have-jurisdiction-in-the-u-s
CC BY-SA 3.0
<p>When U.S. corporations want to merge or are subject to acquisitions (for example Oracle acquiring Sun Microsystems in 2009) it seems they must seek approval from the European Commission --- which is another jurisdiction.</p> <p>Questions:</p> <ol> <li>Why must U.S. companies get European Commission approval?</li> ...
494
[ { "answer_id": 530, "body": "<p>Countries, and supranational governments like the EU, have jurisdiction over companies that do business in their jurisdictions.</p>\n\n<p>Oracle is technically not a U.S. corporation; it's a closely related group of California and Delaware corporations. Very few companies inc...
[ "european-union", "jurisdiction", "competition" ]
Is it legal to sell zero-day exploits?
8
https://law.stackexchange.com/questions/502/is-it-legal-to-sell-zero-day-exploits
CC BY-SA 3.0
<p>Can someone who discovered a <a href="http://en.wikipedia.org/wiki/Zero-day_%28computing%29">zero-day exploit</a> in a program sell the information, and does the applicable jurisdiction depend on his location, the buyer location, the location of the developed of the product that the exploit targets, or something els...
502
[ { "answer_id": 525, "body": "<p>It might possibly be illegal.</p>\n\n<p>For criminal law, usually you need to obey the laws of three countries:</p>\n\n<ul>\n<li>The country you are a national of (by personality principle)</li>\n<li>The country from where you make the sale (by territoriality principle)</li>\...
[ "software" ]
Can a business offer a product pre-sale without specifying when the product will be delivered?
3
https://law.stackexchange.com/questions/516/can-a-business-offer-a-product-pre-sale-without-specifying-when-the-product-will
CC BY-SA 3.0
<p>For instance, if there were a product that takes a variable amount of time to mature, could a business take pre-sale orders (clearly marked as such) without giving the customer a deadline? If so, what keeps a business from tying up customer funds indefinitely without ever delivering? </p>
516
[ { "answer_id": 520, "body": "<p>The answer, as with almost every question about U.S. law, depends on the jurisdiction you're dealing with.</p>\n\n<p>In practice, though, most state and federal unfair trade practices (UTP) laws are based on one pretty basic question: is what the shipper is doing fair? These ...
[ "united-states", "business" ]
Window Tinting rules and laws in visiting jurisdictions
5
https://law.stackexchange.com/questions/513/window-tinting-rules-and-laws-in-visiting-jurisdictions
CC BY-SA 3.0
<p>If someone has a car registered, licensed and insured in a given U.S. state, and intends to travel across state and province lines, are they supposed to make sure that they're in compliance with the window tinting rules and laws in all such states and provinces, or is it sufficient that the car is in compliance with...
513
[ { "answer_id": 519, "body": "<p>Whether your car is street legal in State A is determined entirely by the laws of State A.</p>\n\n<p>If the law of State A states that only a certain level of tint is acceptable, and doesn't make an exception for out-of-state registrations, you will be in violation. You may o...
[ "united-states", "canada", "vehicle", "interstate-travel" ]
When was judicial attire first specified in England (or the United Kingdom)?
7
https://law.stackexchange.com/questions/508/when-was-judicial-attire-first-specified-in-england-or-the-united-kingdom
CC BY-SA 3.0
<p>To many (if not most) of those not involved in legal matters, court dress may seem a bit absurd. Wigs, especially seem out of place in modern society. It is obvious that the judicial costume must date back quite some time. I've never quite understood when this happened.</p> <p>When was court dress first standardize...
508
[ { "answer_id": 509, "body": "<p>The origins aren't known exactly, as it turns out.</p>\n\n<p>Court dress goes back quite some time. Edward III - living up to the example of <a href=\"https://law.stackexchange.com/questions/69/in-the-past-how-did-lawyers-learn-the-academic-side-of-law\">Edward I</a>, and <em...
[ "united-kingdom", "england-and-wales", "legal-history" ]
Is the prohibition of narcotics mandated by an international treaty?
13
https://law.stackexchange.com/questions/361/is-the-prohibition-of-narcotics-mandated-by-an-international-treaty
CC BY-SA 3.0
<p>Possession of narcotics is of course illegal in many jurisdictions. Recently there has been talk of relaxing or eliminating prohibitions on the sale and possession of drugs. </p> <p>Are there any international treaties or supranational legislation that would be breached if, say, the United Kingdom legalised narcoti...
361
[ { "answer_id": 493, "body": "<p>Yes, there are international treaties that the UK would breach if they legalised narcotics. Those are:</p>\n\n<p><a href=\"https://www.unodc.org/unodc/en/treaties/single-convention.html\">The Single Convention on Narcotic Drugs, 1961</a></p>\n\n<p><a href=\"https://www.unodc....
[ "international" ]
What entitlements for paternity leave in a small company in California?
1
https://law.stackexchange.com/questions/471/what-entitlements-for-paternity-leave-in-a-small-company-in-california
CC BY-SA 3.0
<p>Many small companies California that have no paternity policy and are less than 50 people?</p> <p>What paid, or unpaid paternity leave entitlements do employees generally have (under federal and California law)?</p> <p>Update: (from @dw1's links)</p> <ul> <li><p>FMLA and CFRA provide job protected leave (but only...
471
[ { "answer_id": 483, "body": "<p>California has a paid leave program. In order to qualify for disbursements you must make regular contributions to a state insurance fund.</p>\n\n<blockquote>\n <p>In 2002, California became the first state in the United States to create the Paid Family Leave (PFL) program – ...
[ "california", "employment" ]
Is an English will valid if the testator dies while living in Scotland?
9
https://law.stackexchange.com/questions/114/is-an-english-will-valid-if-the-testator-dies-while-living-in-scotland
CC BY-SA 3.0
<p>If a testator makes a will while living in England, to what extent will it be valid if the testator&mdash;</p> <ul> <li>permanently moves to Scotland, and</li> <li>subsequently dies there without making a further will?</li> </ul>
114
[ { "answer_id": 302, "body": "<p>(<a href=\"https://law.stackexchange.com/users/176/christian-conkle\"><em>I am not your lawyer. I am not here to help you.</em></a> If you are reading this because someone has died, please <em>stop</em> and instead read the <a href=\"https://www.scotcourts.gov.uk/taking-actio...
[ "england-and-wales", "scotland", "wills" ]
How does changing a name FAIL to protect against a libel suit?
6
https://law.stackexchange.com/questions/480/how-does-changing-a-name-fail-to-protect-against-a-libel-suit
CC BY-SA 3.0
<p>In the answer to this <a href="https://law.stackexchange.com/questions/53/how-does-changing-a-name-protect-against-a-libel-suit-when-everyone-knows-who">question,</a> someone convinced me that changing Paul dePodesta's name to "Peter Brand" in "Moneyball, was enough to signal a "disconnect" between Mr. dePodesta and...
480
[ { "answer_id": 482, "body": "<p>The relevant question for libel under US law is \"would a reasonable person understand this to be a statement of fact about the plaintiff, or to imply a statement of fact about the plaintiff.\" It doesn't directly matter if the name was changed or not; what matters is if a re...
[ "libel" ]
How does changing a name protect against a libel suit when &quot;everyone&quot; knows who he is?
5
https://law.stackexchange.com/questions/53/how-does-changing-a-name-protect-against-a-libel-suit-when-everyone-knows-who
CC BY-SA 3.0
<p>In the movie, "Moneyball," the name of Billy Beane's assistant was fictionalized to "Peter Brand." Yet anyone who has read Michael Lewis' book knows that his real name was Paul dePodesta.</p> <p>Mr. dePodesta withheld permission to use his real name because of several "shortcuts" the movie played with the facts, li...
53
[ { "answer_id": 462, "body": "<p>By changing the name, the filmmakers are signaling that the character in the movie is not acting the way the real-life person acted.</p>\n\n<p>It is not uncommon for historical fiction--which is basically what the \"Moneyball\" film is--to combine historical characters for na...
[ "libel" ]
What jurisdiction does an IP address fall under?
13
https://law.stackexchange.com/questions/241/what-jurisdiction-does-an-ip-address-fall-under
CC BY-SA 3.0
<p><strong>What is an IP Address?</strong></p> <blockquote> <p>An Internet Protocol address (IP address) is a numerical label assigned to each device (e.g., computer, printer) participating in a computer network that uses the Internet Protocol for communication. An IP address serves two principal functions: ho...
241
[ { "answer_id": 460, "body": "<p>I'm not sure it makes sense to talk about having \"jurisdiction\" over an IP address, for the purposes you're discussing. </p>\n\n<p>If you wanted to sue the IP address itself--something that is possible under limited circumstances--then you might need to locate it for jurisd...
[ "international", "jurisdiction", "internet" ]
How do Creative Commons licences WITHOUT the Share-Alike attribute work? Can derivate works only be more restrictive, or what?
4
https://law.stackexchange.com/questions/440/how-do-creative-commons-licences-without-the-share-alike-attribute-work-can-der
CC BY-SA 3.0
<p>I don't understand how CC licenses <strong>without</strong> the attribute Share-Alike are supposed to work.</p> <p>Ok, you can "share differently", but differently how?</p> <p>You can be more liberal? Doesn't make sense, as this would be equivalent to putting the work into public domain so there would be no point ...
440
[ { "answer_id": 445, "body": "<p>From <a href=\"https://creativecommons.org/licenses/by/4.0/legalcode\" rel=\"nofollow noreferrer\">the legal code of the Creative Commons Attribution 4.0 license</a> (emphasis in the original):</p>\n<blockquote>\n<p>1.a <strong>Adapted Material</strong> means material subject...
[ "creative-commons" ]
What kind of ownership do I have over articles I wrote?
9
https://law.stackexchange.com/questions/9/what-kind-of-ownership-do-i-have-over-articles-i-wrote
CC BY-SA 3.0
<p>So, a few months ago I was working for a big blog and then I resigned because I didn't want to write any more articles for them. Some of the articles were original and a few were translations by me from other articles. Do I have any claim to ownership if the articles? I had no contract with them governing what I can...
9
[ { "answer_id": 125, "body": "<p>There are three questions relevant to this issue:</p>\n\n<ol>\n<li>Who owned the copyright in the first place?</li>\n<li>Was the copyright transferred?</li>\n<li>If not, was a license given to the site to use the content?</li>\n</ol>\n\n<p>In general, under most countries' la...
[ "copyright", "european-union", "intellectual-property" ]
Is there a legal reason why fictional shows use imitation brand names?
21
https://law.stackexchange.com/questions/56/is-there-a-legal-reason-why-fictional-shows-use-imitation-brand-names
CC BY-SA 3.0
<p><img src="https://i.stack.imgur.com/lA8bY.png" alt="Screencap of a Simpsons episode showing Sprawl-Mart"></p> <p>Often, when I watch TV shows, I'll see or hear about an imitation of a real brand name. </p> <p>As an example, here is a parody of Walmart from The Simpsons The store in the picture is unambiguously su...
56
[ { "answer_id": 154, "body": "<p><em>In general</em>, TV shows or other fictional works will use <a href=\"https://en.wikipedia.org/wiki/Fictional_brand\">fictional brands</a> to avoid infringing the brand's trademark. According to <a href=\"https://en.wikipedia.org/wiki/Fictional_brand\">Wikipedia</a>, this...
[ "intellectual-property" ]
How is the theft of stolen property handled legally?
10
https://law.stackexchange.com/questions/432/how-is-the-theft-of-stolen-property-handled-legally
CC BY-SA 3.0
<p>Many definitions of "theft" include specific text regarding "the rightful owner" or a variant necessitating that the victim of theft owned the property. (emphasis mine)</p> <p>For example, <a href="http://legal-dictionary.thefreedictionary.com/theft">The Free Dictionary</a> defines theft as:</p> <blockquote> <p>...
432
[ { "answer_id": 435, "body": "<p>In England and Wales, theft is defined by <a href=\"http://www.legislation.gov.uk/ukpga/1968/60/section/1\" rel=\"noreferrer\">s1 Theft Act 1968</a>:</p>\n\n<blockquote>\n <p>A person is guilty of theft if he dishonestly appropriates property belonging to another with the in...
[ "definition", "theft" ]
Which aspects of human-subjects research rules are actually laws rather than conventions?
12
https://law.stackexchange.com/questions/362/which-aspects-of-human-subjects-research-rules-are-actually-laws-rather-than-con
CC BY-SA 3.0
<p>I'm aware that various laws exist regulating research on human subjects (Wikipedia summary <a href="https://en.wikipedia.org/wiki/Institutional_review_board">here</a> and in linked pages). However, I've had a tough time finding sources that clarify the boundary between legal restrictions and "guidelines". It's als...
362
[ { "answer_id": 433, "body": "<p><a href=\"http://history.nih.gov/about/timelines_laws_human.html\" rel=\"noreferrer\">According to the NIH</a>, there are in fact a number of laws in the US regulating human research, as opposed to codes and conventions (although the majority does consist of the latter). </p>...
[ "united-states", "research" ]
Restrictions on Liability Waiver Use
4
https://law.stackexchange.com/questions/430/restrictions-on-liability-waiver-use
CC BY-SA 3.0
<p>The US National Park Service (NPS) has the following language. This is in the context of a commercial operator (like a white water rafting company) getting a commercial permit to take clients down a river in National Park lands. </p> <p>The commercial operator is required to carry insurance, and nearly all insuranc...
430
[ { "answer_id": 431, "body": "<ol>\n<li><p>Generally, yes, but these policies are not written in a vacuum. The provider knows the operator in working in NP and knows that the NP prohibits waivers so the policy may state that the insured cannot require waivers but it will certainly build into the premiums the...
[ "united-states", "contract-law", "litigation", "liability", "waivers" ]
Do you need to obey an obstructed traffic sign?
11
https://law.stackexchange.com/questions/411/do-you-need-to-obey-an-obstructed-traffic-sign
CC BY-SA 3.0
<p>If a traffic sign is obstructed (for example, due to being overgrown by kudzu or because a telephone pole was placed in front of it) to the point of unreadability, do you still need to obey it?</p> <p>What if the sign is so obstructed that there is no longer any indication that the sign even exists?</p>
411
[ { "answer_id": 425, "body": "<p>No. The law would be void for vagueness.</p>\n\n<p>Connally v. General Construction Co., 269 U.S. 385, 391 (1926):</p>\n\n<p>[T]he terms of a penal statute [...] must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them li...
[ "united-states", "traffic" ]
Are there any restrictions on &quot;Open Access&quot; material?
5
https://law.stackexchange.com/questions/409/are-there-any-restrictions-on-open-access-material
CC BY-SA 3.0
<p>A <a href="http://upload.wikimedia.org/wikipedia/commons/transcoded/7/71/PhD_Comics_Open_Access_Week_2012.ogv/PhD_Comics_Open_Access_Week_2012.ogv.480p.webm" rel="noreferrer">video</a> on Wikipedia claims that <a href="https://en.wikipedia.org/wiki/Open_access" rel="noreferrer">Open Access</a> articles come with "fu...
409
[ { "answer_id": 416, "body": "<p>Is an article licensed under an Open Access license equivalent to a public domain work? No.</p>\n\n<p>Intellectual property practitioners and professors often describe copyright as \"a bundle of sticks.\" This means that intellectual property laws grant the creator of a copyr...
[ "public-domain", "academia", "definition" ]
Flashbangs versus destruction of evidence
3
https://law.stackexchange.com/questions/412/flashbangs-versus-destruction-of-evidence
CC BY-SA 3.0
<p>If setting fire to a crime scene would be considered destruction of evidence and spray painting a crime scene would be considered destruction of evidence why is the use of <a href="https://en.wikipedia.org/wiki/Stun_grenade" rel="nofollow">flashbangs</a> not considered destruction of evidence?</p> <p>As a pyrotechn...
412
[ { "answer_id": 413, "body": "<p>Destruction of evidence always has to be weighed against dealing with an active situation. Taking a surviving victim to a hospital and treating them also destroys evidence; so does putting out an arson fire by knocking out walls. In all cases, there's an emergency situation a...
[ "police", "evidence" ]
How to parse &#39;notwithstanding ... forfeiture is avoided otherwise than by relief&#39;?
6
https://law.stackexchange.com/questions/396/how-to-parse-notwithstanding-forfeiture-is-avoided-otherwise-than-by-relief
CC BY-SA 4.0
<blockquote> <p><a href="http://www.holmes-hills.co.uk/articles/commercial-leases-recovering-the-costs-of-serving-a-notice/" rel="nofollow noreferrer">[Source:]</a> The landlord argued that the tenant must pay the administration costs based on the covenant[,] given by the tenant in the lease which read as follows:</p> ...
396
[ { "answer_id": 407, "body": "<p>One possible reading of this clause is:</p>\n\n<p>The tenant is required to pay for the preparation of a forfeiture notice, even if (\"notwithstanding that\") the forfeiture doesn't actually happen (\"forfeiture is avoided\")--but the tenant doesn't have to pay for the notice...
[ "legal-terms", "legal-writing" ]
What precautions are lawyers obligated to take with digital communication security?
7
https://law.stackexchange.com/questions/399/what-precautions-are-lawyers-obligated-to-take-with-digital-communication-securi
CC BY-SA 3.0
<p>Given that various email providers have different levels of access to email, and that it shouldn't be considered private communication unless further encrypted, what steps do lawyers need to take to protect client's confidentiality? This question is also merited for things such as text and phone conversations as tho...
399
[ { "answer_id": 404, "body": "<p><em>What steps do lawyers need to take to protect client's confidentiality?</em>\nReasonable steps</p>\n\n<p><em>Are lawyers only required to inform clients that email, text, phone is unsafe communication with risks?</em>\nYes. Sort of. It's not a problem that these channels ...
[ "attorney-client-privilege" ]
What patents do I need to buy or lease to make and sell an electric guitar to the public?
3
https://law.stackexchange.com/questions/394/what-patents-do-i-need-to-buy-or-lease-to-make-and-sell-an-electric-guitar-to-th
CC BY-SA 4.0
<p>I want to make and sell my own electric guitars. However, I have not invented the instrument, nor was I the inventor of any of the major advances in the field. However, I have some changes (mostly aesthetic and stylistic) in mind before selling the guitars to the public in Washington state of the USA. </p> <p>Do I ...
394
[ { "answer_id": 398, "body": "<p>From the <a href=\"http://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-2\" rel=\"nofollow\">USPTO</a>, by law, a patent is:</p>\n\n<blockquote>\n <p>the right to exclude others from making, using, offering for sale, or\n selling the i...
[ "united-states", "branding", "patents" ]
What does &quot;actual knowledge&quot; mean in the context of DMCA safe harbors?
14
https://law.stackexchange.com/questions/379/what-does-actual-knowledge-mean-in-the-context-of-dmca-safe-harbors
CC BY-SA 4.0
<p>According to <a href="https://www.law.cornell.edu/uscode/text/17/512" rel="noreferrer">17 U.S. Code § 512 - Limitations on liability relating to material online</a> (emphasis mine):</p> <blockquote> <p>A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctiv...
379
[ { "answer_id": 384, "body": "<p>The particulars of \"actual knowledge\" are addressed in <em>Viacom v. YouTube</em>. The <a href=\"http://www.ca2.uscourts.gov/decisions/isysquery/ad840309-cbc2-47e1-95bb-73e8784e413c/1/doc/10-3270_10-3342_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/ad840309-c...
[ "united-states", "dmca" ]
How do I read a U.S. case citation and find the text of the opinion?
12
https://law.stackexchange.com/questions/377/how-do-i-read-a-u-s-case-citation-and-find-the-text-of-the-opinion
CC BY-SA 3.0
<p>In something like this:</p> <blockquote> <p>"We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place." <em>Brown v. Bd. of Educ.</em>, 347 U.S. 483, 495 (1954)".</p> </blockquote> <p>What is that cryptic thing after the quotation marks? How do I understand what it ...
377
[ { "answer_id": 378, "body": "<p>The author of the passage is telling you where the quotation comes from, using a formal case citation. Lawyers usually don't use footnotes, endnotes, or parentheses to set off these citations.</p>\n\n<p>Case citations are a sort of shorthand developed by lawyers and judges ov...
[ "united-states", "case-law" ]
Are the opinions of a United States superior court public knowledge?
1
https://law.stackexchange.com/questions/356/are-the-opinions-of-a-united-states-superior-court-public-knowledge
CC BY-SA 3.0
<p>If I bring a case to a superior court and I lose, is that information public knowledge?</p> <p>What are the ramifications to me? For example, could it hurt my credit score?</p>
356
[ { "answer_id": 359, "body": "<p>If you are worried that some secret will become public, you should find and meet with an <em>attorney</em>, not a financial adviser or other nonlawyer. <em>Your</em> attorney is able to shield your secret information from disclosure in ways other professionals cannot. Raise a...
[ "united-states", "court-records" ]
Are websites legally obligated to provide a non-javascript login page?
5
https://law.stackexchange.com/questions/328/are-websites-legally-obligated-to-provide-a-non-javascript-login-page
CC BY-SA 3.0
<p>I have read a couple times now that Websites are obligated to provide an alternative login page when their login form uses Javascript. I have not been able to find much resources on the matter though. (Google likes to present me with websites that discuss legal information that happen to have a login feature.)</p> ...
328
[ { "answer_id": 331, "body": "<p>In the UK, the <a href=\"http://www.legislation.gov.uk/ukpga/1995/50/contents\">Disability Discrimination Act 1995</a> includes <a href=\"http://www.legislation.gov.uk/ukpga/1995/50/part/III/crossheading/goods-facilities-and-services\">provisions which are thought to apply to...
[ "internet" ]
Website Copyright Laws under Intellectual Property Laws?
-3
https://law.stackexchange.com/questions/344/website-copyright-laws-under-intellectual-property-laws
CC BY-SA 3.0
<p>What are the laws regarding Copyrights pertaining to copying of website templates ( which is an intellectual property )? </p>
344
[ { "answer_id": 350, "body": "<p>As far as I'm aware, there are no specific laws relating to the copyright of web site templates, at least in the United States. </p>\n\n<p>That being the case, to the extent they constitute copyrightable material, exactly the same copyright laws apply to them as would apply t...
[ "united-states", "intellectual-property" ]
Use of the RECAP browser extension when accessing PACER
6
https://law.stackexchange.com/questions/315/use-of-the-recap-browser-extension-when-accessing-pacer
CC BY-SA 3.0
<p>There are benefits to using the <a href="https://www.recapthelaw.org/">RECAP</a> browser plugin when accessing information in <a href="https://www.pacer.gov/">PACER</a> (Public Access to Court Electronic Records):</p> <ul> <li>not paying to access PACER documents that have been cached by RECAP</li> <li>you contribu...
315
[ { "answer_id": 340, "body": "<p>I haven't used the extension, but here are the concerns I would have:</p>\n\n<ol>\n<li><p>Does RECAP detect and handle documents filed under seal? Under some circumstances, IIRC, Pacer gives certain attorneys access to documents sealed from the general public. If you access t...
[ "pacer", "recap", "court-records", "free-law-project" ]
Is the judge allowed to nullify laws?
5
https://law.stackexchange.com/questions/329/is-the-judge-allowed-to-nullify-laws
CC BY-SA 3.0
<p>If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification.</p> <p>However, what about civil cases (e.g., in a Superior Court in California) that are presided by a judge alone, with neither plaintiff nor defendant selecting a jury trial?</p> <p>Is the judge allowed to nullify laws...
329
[ { "answer_id": 337, "body": "<p>The concept of \"jury nullification\" is not really applicable to civil litigation, whether it's a bench or a jury trial.</p>\n\n<p>The short answer is: generally in the United States, civil judges, and civil juries, have to follow the law. If the jury doesn't follow the law,...
[ "jury-nullification", "california", "judging", "judge" ]
How does one determine the reasons for a judge&#39;s recusal?
2
https://law.stackexchange.com/questions/262/how-does-one-determine-the-reasons-for-a-judges-recusal
CC BY-SA 3.0
<p>I was reading about <a href="http://en.wikipedia.org/wiki/Shelley_v._Kraemer" rel="nofollow"><em>Shelley v. Kraemer</em> (1948)</a> (<a href="https://www.courtlistener.com/opinion/104545/shelley-v-kraemer/" rel="nofollow">full opinion</a>), which states that Justices </p> <blockquote> <p>Reed, Jackson, Rutledge t...
262
[ { "answer_id": 334, "body": "<p>This is not really a legal question. There isn't a \"recusal register\" on file anywhere where a judge needs to set down an explanation of his or her recusal.</p>\n\n<p>The best way to find out is usually press reports from the time of the decision. Reasons for recusal are no...
[ "united-states", "judging" ]
If the police search my vehicle or house without my consent, and they don&#39;t find anything, what recourse is there?
40
https://law.stackexchange.com/questions/54/if-the-police-search-my-vehicle-or-house-without-my-consent-and-they-dont-find
CC BY-SA 3.0
<p>I understand that if the police perform an illegal search, then any evidence found during that search will be excluded from a trial, but what if they didn't find any evidence? </p> <p>If the police do an illegal search, and they don't find anything, is there anything I can do about it?</p>
54
[ { "answer_id": 60, "body": "<p>You can file a federal criminal complaint under <a href=\"https://www.law.cornell.edu/uscode/text/18/242\">18 USC 242 - Deprivation of rights under color of law</a>, or (most commonly) a civil claim under <a href=\"http://www.constitution.org/brief/forsythe_42-1983.htm\">42 US...
[ "united-states", "search-and-seizure", "police" ]
Does a Creative Commons license allow me to record a cover of a song recording?
10
https://law.stackexchange.com/questions/313/does-a-creative-commons-license-allow-me-to-record-a-cover-of-a-song-recording
CC BY-SA 3.0
<p>If I find a musical sound recording that is licensed under a Creative Commons (CC) license, can I record and distribute my own cover of the song? (Assuming the particular CC license does not carry the No-Derivatives provision.) A derivatives-allowed CC license would allow me to redistribute and modify the recording ...
313
[ { "answer_id": 318, "body": "<p>There are two separately copyrightable elements to a sound recording, as you point out: the musical work, and the performance.</p>\n\n<p>If you want to record a cover version of a song, what matters is the license you hold, if any, to the underlying musical work. The license ...
[ "united-states", "copyright", "creative-commons" ]
Are residential lease durations in Bay Area meaningless?
6
https://law.stackexchange.com/questions/295/are-residential-lease-durations-in-bay-area-meaningless
CC BY-SA 3.0
<p>The vacancy rates in Bay Area are the lowest in the nation, and the rent much so often gets increased much faster than the inflation.</p> <p>However, a lot of corporate complexes employ monthly pricing that's effectively set not on the number of total months you sign the contract for, but on the data mining and the...
295
[ { "answer_id": 297, "body": "<p>No, for two reasons. </p>\n\n<p>First, your question seems to assume that the current level of (1) vacancy, and (2) rent, will continue unchanged for the indefinite future. A lot of people thought that in 1989, and 2000, and 2007, just before the last three Bay Area housing c...
[ "united-states", "california", "residential-lease", "damage-mitigation", "breaking-the-lease" ]
What&#39;s the penalty for breaking a residential lease in NorCal?
1
https://law.stackexchange.com/questions/293/whats-the-penalty-for-breaking-a-residential-lease-in-norcal
CC BY-SA 3.0
<p>What's the penalty for breaking a residential lease?</p> <p>For example, in the Bay Area in Northern California.</p>
293
[ { "answer_id": 294, "body": "<p>By default, the tenant is liable for all rent until the end of the lease. E.g. if neither the tenant nor the landlord can find a suitable and credit-worthy replacement tenant (e.g. if the market has crashed), then the whole lease must still be accounted for by the original t...
[ "united-states", "california", "residential-lease", "damage-mitigation", "breaking-the-lease" ]
If A makes a potentially &quot;defamatory&quot; statement to C about B, does it matter if C knows B well?
4
https://law.stackexchange.com/questions/275/if-a-makes-a-potentially-defamatory-statement-to-c-about-b-does-it-matter-if
CC BY-SA 3.0
<p>Suppose A tells C that "B is a total liar, nothing s/he says can be believed." And suppose C has known B since childhood.</p> <p>Would the statement be less defamatory since C is in a good position to judge whether or not B is a "total liar?" Suppose, instead, that the statement had been made to D, who "knows of," ...
275
[ { "answer_id": 280, "body": "<p>(Standard disclaimer: <a href=\"https://law.stackexchange.com/users/176/christian-conkle\"><em>I am not your lawyer; I am not here to help you.</em></a>)</p>\n\n<p>Under American common law, the distinction here would relate to the harm to B: either a damages issue or a \"spe...
[ "united-states", "defamation" ]
Why case law quoted in support of X often rules against X?
1
https://law.stackexchange.com/questions/221/why-case-law-quoted-in-support-of-x-often-rules-against-x
CC BY-SA 4.0
<p>It appears quite common that when trying to find support for decision X, cases which in actuality finally rule against X are quoted, and very few cases which actually grant X can be found.</p> <p>Why does this happen? Does it at all affect the outcome of existing cases, when someone quotes an older case trying to ...
221
[ { "answer_id": 225, "body": "<p>The process you describe is an exceedingly common method of proving a point when there is not factually analogous precedent for that particular point. By way of over-simplified example, there may be precedent for the proposition 1 + 2 = 3, but there may not be equivalent pre...
[ "case-law" ]
Requirements for Creative Commons Images Attribution - Website
8
https://law.stackexchange.com/questions/17/requirements-for-creative-commons-images-attribution-website
CC BY-SA 3.0
<p>When I use a photo licensed under Creative Commons (from Flickr) on a website I make, what is the required way to give attribution?</p> <p>Assuming the license allows commercial use and changes with attribution could I include the title, creator, and a tinyurl to the flickr image in a corner of my modified image? O...
17
[ { "answer_id": 61, "body": "<p>You aren't required to include the attribution <strong>on</strong> the image, you can include it somewhere else on the page, placing it directly below the image is preferred, but providing it at the end of a post is acceptable.</p>\n\n<p><img src=\"https://i.stack.imgur.com/b2...
[ "creative-commons" ]
Which jurisdiction applies in a vessel?
11
https://law.stackexchange.com/questions/232/which-jurisdiction-applies-in-a-vessel
CC BY-SA 3.0
<p>Consider an aircraft registered in country A. On a flight operated by an airliner based in country B, it carries passengers on a flight from country X to country Y. The flight path overflies airspace of country C and international airspace.</p> <p>Assume that countries A, B, C, X and Y all have different legal drin...
232
[ { "answer_id": 254, "body": "<p>The short answer is, in absence of a treaty or convention governing travel, then the law of the country over which the plane is located governs for the time the plane is in overflight. Laws of a jurisdiction (a country, or a state) are generally taken to extend upward from th...
[ "jurisdiction", "international" ]
What happens if the Indonesian Constitutional Court rules in favor of an executed person?
12
https://law.stackexchange.com/questions/158/what-happens-if-the-indonesian-constitutional-court-rules-in-favor-of-an-execute
CC BY-SA 3.0
<p>Prior to the <a href="http://www.cnn.com/2015/04/28/world/gallery/indonesia-executions-bali-9-firing-squad/index.html">executions of drug smugglers in Indonesia</a> earlier this year, Australian officials had pressed for a delay in the executions, due to a last-ditch appeal in the <a href="http://en.wikipedia.org/wi...
158
[ { "answer_id": 159, "body": "<h1>Virtually nothing.</h1>\n<p>Just before posting the question, I found <a href=\"http://www.smh.com.au/world/bali-nine-executions-constitutional-court-has-no-power-to-alter-death-sentences-20150407-1mg4tz.html\" rel=\"nofollow noreferrer\">this article</a> and became intrigue...
[ "criminal-law", "indonesia", "capital-punishment" ]
Are US jurors always free to speak about the trial?
12
https://law.stackexchange.com/questions/229/are-us-jurors-always-free-to-speak-about-the-trial
CC BY-SA 3.0
<p>In England and Wales, <a href="https://www.gov.uk/jury-service/discussing-the-trial">jurors are forbidden to speak to anyone about the trial</a> or their <a href="http://www.legislation.gov.uk/ukpga/1981/49/section/8">deliberations</a>, even after the trial is finished. In contrast, I've noticed that jurors in the ...
229
[ { "answer_id": 255, "body": "<p>We have all see on TV the judge instruct jurors that during trial they are not to speak about the case with anyone, even other jurors, unless all jurors are present and they are deliberating. However, contrary to the example given about England, in the U.S., those restriction...
[ "united-states", "jury" ]
Legal definitions in the United States
6
https://law.stackexchange.com/questions/233/legal-definitions-in-the-united-states
CC BY-SA 3.0
<p>When trying to learn about and understand law, one of the most important aspects of it is the <em>legal definition</em> of a word. Is there a source in which the courts refer to when looking to define a word? If there is, what is it?</p>
233
[ { "answer_id": 239, "body": "<p>Courts look to <strong>primary authority</strong> first, and then to <strong>secondary authority</strong> if ambiguity remains. </p>\n\n<p><strong>Primary Authority</strong> providing definition for the legal use of a word would be previous case opinions that give meaning to ...
[ "united-states", "criminal-law", "common-law", "contract-law", "corporate-law" ]
Are forum users who establish their identity more entitled to protection from libel?
6
https://law.stackexchange.com/questions/245/are-forum-users-who-establish-their-identity-more-entitled-to-protection-from-li
CC BY-SA 3.0
<p>In an online forum or social network does a user who ties the identity of their presence there to their real world identity have more recourse open to them with regard to being libeled than a user who uses a pseudonym?</p> <p>Asked another way, is it possible to commit libel against an anonymous pseudonym?</p>
245
[ { "answer_id": 246, "body": "<h1>There's really no difference.</h1>\n<p>Quoting from <a href=\"http://www.eff.org/issues/bloggers/legal/liability/defamation\" rel=\"nofollow noreferrer\">here</a>,</p>\n<blockquote>\n<p><strong>What if I change the person's name?</strong></p>\n<p>To state a defamation claim,...
[ "libel", "internet" ]
In Pennsylvania is there more legal protection in forming a LLC as opposed to operating as sole proprietor?
9
https://law.stackexchange.com/questions/146/in-pennsylvania-is-there-more-legal-protection-in-forming-a-llc-as-opposed-to-op
CC BY-SA 3.0
<p>In theory an LLC (Limited Liability Company) offers a level of protection for the owner if being sued. </p> <p>I want to buy houses and rent them out, I have some fear of being sued by tenants in the future (no particular concern, but I live in the USA (United Sue of All).</p> <p>What if any, greater protection d...
146
[ { "answer_id": 147, "body": "<p>An LLC is a legally distinct entity from your person. Basically, if your LLC is sued, and you lose, you can lose only what you put into your LLC. Your personal assets are untouched.</p>\n\n<p>A very sophisticated plaintiff may try to get around this suing both your LLC and yo...
[ "united-states", "pennsylvania", "landlord", "rental-property", "corporate-law" ]
Is it possible to legally prohibit someone from linking to specific pages on your website?
6
https://law.stackexchange.com/questions/183/is-it-possible-to-legally-prohibit-someone-from-linking-to-specific-pages-on-you
CC BY-SA 3.0
<p>By linking I meant to give exact instructions about how to find a specific page on the site, for a user with enough privilege. It can be a URL, or a demonstration of where you should click, etc.</p> <p>The site don't have to be open to everyone. But they had no informations about their user's real identity. Everyth...
183
[ { "answer_id": 185, "body": "<p>No.</p>\n\n<p>You are correct in that this is not related to Copyright. Copyright is meant to protect <em>expressions of an idea</em>.</p>\n\n<p>An URL is simply an address, like a street address. Can you legally stop people referring to your home address? No. Can you legally...
[ "copyright", "contract-law" ]
How is &quot;defamation&quot; defined?
7
https://law.stackexchange.com/questions/130/how-is-defamation-defined
CC BY-SA 3.0
<p>I have a recollection that late in the 20th century in the United States, A called B a "bastard." B sued A for defamation.</p> <p>The court ruled in favor of the defendant. Its first observation was that (at the time) one of out every four American children was born out of "wedlock," (the literal meaning of "bastar...
130
[ { "answer_id": 132, "body": "<p><a href=\"http://www.law.cornell.edu/wex/defamation\" rel=\"nofollow noreferrer\">There are four criteria used today</a> in the United States:</p>\n<ol>\n<li>The statement was false, but was claimed as true.</li>\n<li>The statement must have been made to a third, previously u...
[ "united-states", "libel", "defamation" ]
A perimeter search damaging one&#39;s property (e.g. motor vehicle)
3
https://law.stackexchange.com/questions/218/a-perimeter-search-damaging-ones-property-e-g-motor-vehicle
CC BY-SA 3.0
<p>It appears that one's consent is not required to perform a perimeter search.</p> <p>When such a search is performed by a K9 on one's motor vehicle, it's apparently very common to result in multiple scratches of varying severity, probably due to the paws of the dog that was doing the search.</p> <p>What recourse do...
218
[ { "answer_id": 222, "body": "<p>The following information refers to general searches as well as those of motor vehicles, because regulations are generally similar, if not identical.</p>\n<h1>United Kingdom (England and Wales)</h1>\n<p><a href=\"http://researchbriefings.files.parliament.uk/documents/SN06627/...
[ "perimeter-search", "k9" ]
Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?
25
https://law.stackexchange.com/questions/178/does-the-us-fifth-amendment-only-apply-to-criminal-trials-do-any-laws-protect-a
CC BY-SA 3.0
<p>Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location.</p> <p>If the person is pleading the fifth in the criminal proceedings (or plans to), can this person decline to answer quest...
178
[ { "answer_id": 187, "body": "<p>The Fifth Amendment always protects someone from being forced to testify against themselves if it would implicate them in a crime (see, among others, Ohio v. Reiner, 532 U.S. 17). Any person can assert the privilege, regardless of their role in the trial, with the possible ex...
[ "united-states", "us-constitution", "fifth-amendment" ]
Implications with states that classify traffic infractions as misdemeanors
3
https://law.stackexchange.com/questions/175/implications-with-states-that-classify-traffic-infractions-as-misdemeanors
CC BY-SA 3.0
<p>It appears that some states, for example, Wyoming, classify most traffic infractions as <em>misdemeanors</em>.</p> <p>Does it imply that someone who has committed a 5 mph speeding in such a state is technically a full fledged <em>criminal</em>, whereas another person doing the same in a state like California never ...
175
[ { "answer_id": 204, "body": "<p>Your question assumes that there is a universal, legal definition of \"criminal.\" Since there is not, it can't be answered.</p>\n\n<p>Infractions, misdemeanors, and felonies are all criminal offenses defined by criminal law. There may be different implications involved in be...
[ "united-states", "traffic" ]
Drinking and Driving
4
https://law.stackexchange.com/questions/177/drinking-and-driving
CC BY-SA 3.0
<p>In the state of California, what is the limit of alcohol allowed in bloodstream to be prosecuted under drinking and driving case?</p> <p>And what are the procedures used for intoxication testing (other than breathalyzer) while being pulled over?</p>
177
[ { "answer_id": 180, "body": "<p>According to the California Vehicle Code, the thresholds for driving under the influence are:</p>\n\n<ul>\n<li>0.04% BAC if <a href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&amp;sectionNum=23152.\">driving a commercial vehicle</a></li>\n...
[ "united-states", "driving", "california" ]
Relicensing software under GPLv2+ without all contributors
11
https://law.stackexchange.com/questions/186/relicensing-software-under-gplv2-without-all-contributors
CC BY-SA 3.0
<p>I have software licensed under GPLv2, which I would like to relicense under GPLv2+. Unfortunately, I an unable to contact some of the contributors. Can I proceed, or am I stuck?</p>
186
[ { "answer_id": 195, "body": "<p>Since licensing can only be done by the copyright holder, you generally need individual permission from each copyright holder to change the license of their code. (If the project is being re-licensed to the GPL from a <a href=\"http://www.gnu.org/licenses/gpl-faq.html#WhatDoe...
[ "copyright", "licensing", "gpl" ]
Do you have to obey English-only traffic signs in Toronto?
14
https://law.stackexchange.com/questions/48/do-you-have-to-obey-english-only-traffic-signs-in-toronto
CC BY-SA 3.0
<p>Canada is bilingual, yet some major metros like the Greater Toronto Area have all of their traffic signs in English only, without a French duplicate.</p> <p>Is this legal or not? Do you have to respect such signs, e.g. no turn Mon-Fri, or are they effectively informational only? What if you don't even speak any F...
48
[ { "answer_id": 59, "body": "<p><strong>Edit:</strong></p>\n\n<p>There is a <a href=\"http://www.ontariohighwaytrafficact.com/topic1061.html\" rel=\"noreferrer\">forum</a> that discusses the Ontario Highway Traffic Act, and this is apparently a question that gets asked a lot. To sum up the discussion, becaus...
[ "canada", "traffic" ]
Earliest Law Review
5
https://law.stackexchange.com/questions/167/earliest-law-review
CC BY-SA 3.0
<p>In what year was the first student-edited law review published, and which institution was it published by?</p> <p>For this question consider a law review to be:</p> <blockquote> <p>"[a] periodic publication of most law schools containing lead articles on topical subjects by law professors, judges or attorneys, a...
167
[ { "answer_id": 169, "body": "<p><a href=\"http://legal-dictionary.thefreedictionary.com/Law+Review\" rel=\"nofollow noreferrer\">The first student-edited law review</a> was <em>The Albany Law School Journal</em> - of Albany Law School - which was published for only one year, in 1875.</p>\n<blockquote>\n<p>T...
[ "legal-education", "legal-history", "law-review" ]
Intra-community civil actions in the EU
7
https://law.stackexchange.com/questions/83/intra-community-civil-actions-in-the-eu
CC BY-SA 3.0
<p>'A' (in an EU member state) contracts with 'B' (in another member state) who then breaches the contract.</p> <ul> <li>Can 'A' sue 'B' under some harmonised community-wide procedure?</li> <li>If not, in which state does 'A' bring his action (if not stated in the contract)?</li> </ul>
83
[ { "answer_id": 150, "body": "<p>For the first question, assuming EU legislation being applicable here, <a href=\"http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006R1896\" rel=\"nofollow\">EU regulation No 1896/2006 of 12 December 2006 on creating a European order for payment procedure</a> may be...
[ "european-union", "civil-procedure" ]
The difference between libel and slander
12
https://law.stackexchange.com/questions/141/the-difference-between-libel-and-slander
CC BY-SA 3.0
<p>I've heard people use the terms libel and slander interchangeably, but I know that they are different in the eyes of the law. What are the defining characteristics of each?</p>
141
[ { "answer_id": 142, "body": "<p>From <a href=\"http://grammarist.com/usage/libel-slander/\">http://grammarist.com/usage/libel-slander/</a>:</p>\n\n<p>(emphasis mine)</p>\n\n<blockquote>\n <p><strong>Libel</strong> is the use of false, defamatory claims about someone in <strong>written or printed form</stro...
[ "libel", "slander" ]
Representing your own case
6
https://law.stackexchange.com/questions/99/representing-your-own-case
CC BY-SA 3.0
<p>Are there any prerequisites to represent one's own case before a jury? Specific answer targeting Indian Law would be appreciated.</p>
99
[ { "answer_id": 122, "body": "<p>Legally, the answer will differ by jurisdiction. Practically, the answer is summed up in the old proverb: \"The man who is his own lawyer has a fool for a client.\"</p>\n\n<p>Even experienced lawyers rarely represent themselves, especially when outside their area of professio...
[ "indian-penal-code", "india" ]
What rights do foreigners have when the CBP wants to search their laptop?
10
https://law.stackexchange.com/questions/74/what-rights-do-foreigners-have-when-the-cbp-wants-to-search-their-laptop
CC BY-SA 3.0
<p>Since <a href="https://www.aclu.org/government-data-about-searches-international-travelers-laptops-and-personal-electronic-devices">laptop and other electronic device seizures at US borders</a> became legal without a warrant (including making copies of data), <a href="https://en.wikipedia.org/wiki/Security_theater#E...
74
[ { "answer_id": 75, "body": "<p>Foreign citizens are just as entitled to Fourth Amendment protections against search and seizure as American citizens are. The case you cited was, in fact, a South Korean citizen who successfully had evidence suppressed from an unjustified border search.</p>\n", "score": 5...
[ "united-states", "search-and-seizure", "fourth-amendment" ]
Under what circumstances am I obliged to show ID to a police officer?
25
https://law.stackexchange.com/questions/26/under-what-circumstances-am-i-obliged-to-show-id-to-a-police-officer
CC BY-SA 3.0
<p>In the UK, if a police constable stops you on the street and asks for your ID, when are you required by law to give it to them? Must there be reasonable suspicion of a crime?</p> <p>What about if you're driving and get pulled over; are you obliged to show your driving licence and/or ID?</p> <p>Does it make a diffe...
26
[ { "answer_id": 80, "body": "<p>People in the UK (who are not subject to immigration control or other restrictions) do not have to carry any form of identification.</p>\n\n<p>This doesn't answer all parts of your question, but <a href=\"http://www.legislation.gov.uk/ukpga/1988/52/part/VII/crossheading/powers...
[ "united-kingdom", "police" ]
Is there any way to bring a criminal case before the grand jury without the support of the Prosecuting Attorney?
9
https://law.stackexchange.com/questions/13/is-there-any-way-to-bring-a-criminal-case-before-the-grand-jury-without-the-supp
CC BY-SA 3.0
<p>Is there any way to present a case to the grand jury if the prosecuting attorney is unwilling to do so? </p>
13
[ { "answer_id": 33, "body": "<p>To answer the first question, the answer seems to be \"generally not.\" In federal courts, this is explicitly not allowed -- rule 6(d) of the Federal Rules of Criminal Procedure states that the only people who can be present before a grand jury are <em>government</em> lawyers,...
[ "criminal-law", "united-states" ]
How to prevent/protect my rights to content I write (US)
6
https://law.stackexchange.com/questions/15/how-to-prevent-protect-my-rights-to-content-i-write-us
CC BY-SA 3.0
<p>I live in the US and do writing of my own in various forms ranging from blog posts to content for handouts and trainings I might want to resell at some point in the future.</p> <p>What steps I should take to legally protect the content I write so that it isn't taken and sold elsewhere later on? Are there additional...
15
[ { "answer_id": 18, "body": "<p>Internationally, according to the Berne Convention, \"copyrights for creative works are automatically in force upon their creation without being asserted or declared\" (<a href=\"https://en.wikipedia.org/wiki/Berne_Convention\">Wikipedia</a>). However, in the United States, yo...
[ "united-states", "copyright" ]