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 |
|---|---|---|---|---|---|---|---|
Can an urgent marriage take place outside under UK law? | 4 | https://law.stackexchange.com/questions/93744/can-an-urgent-marriage-take-place-outside-under-uk-law | CC BY-SA 4.0 | <p><a href="https://www.gov.uk/government/publications/outdoor-civil-marriage-and-civil-partnership-ceremonies/guidance-for-venues-outdoor-civil-marriage-and-civil-partnership-ceremonies" rel="nofollow noreferrer">UK law has changed in recent years to allow outdoor marriage / civil partnership ceremonies</a>, as long as the land is at a venue approved for the purpose.</p>
<p>There is also provision for <a href="https://www.surreycc.gov.uk/birth-death-and-ceremonies/ceremonies/other/urgent-marriage-or-civil-partnership" rel="nofollow noreferrer">urgent marriages / civil partnership ceremonies to be at any location at short notice</a><sup>1</sup> in circumstances where one of the parties is seriously ill, not expected to recover and cannot be moved to a place where a marriage / civil partnership could normally take place. This is known as a <em>marriage by Registrar Generals Licence</em>.</p>
<p>Given the other law changes allowing outdoor solemnizations, can such a marriage/civil partnership ceremony take place outside, for example in the garden of the housebound person's home, or the outdoor grounds of the hospice where the sick partner is receiving medical care?</p>
<hr />
<p><sup>1. These are sometimes collquially called "emergency marriages". See <a href="https://www.ashfordstpeters.info/images/other/PAS23.pdf" rel="nofollow noreferrer">Ashford and St. Peter's Hospitals</a> ("...speaking of emergency marriages in hospital..."); <a href="https://www.shropshire.gov.uk/births-and-marriages/our-fees/fees-for-2023-2024/" rel="nofollow noreferrer">Shropshire Council Fee Schedule</a> ("Emergency Marriage/Civil Partnerships by Registrar Generals Licence/Special Procedure"); <a href="https://www.ouh.nhs.uk/about/trust-board/2020/march/documents/TB2020.24-end-of-life-care.pdf" rel="nofollow noreferrer">Oxford University Hospitals—Learning from Feedback</a> ("...asking if I can arrange an emergency marriage for a patient who has only days to live...").</sup></p>
| 93,744 | [
{
"answer_id": 93799,
"body": "<p>There's nothing in the <a href=\"https://www.legislation.gov.uk/ukpga/1970/34\" rel=\"nofollow noreferrer\">Marriage (Registrar General’s Licence) Act 1970</a> about the location of urgent marriages, <em>other than that you need to satisfy the registrar that you can't make ... | [
"england-and-wales",
"marriage"
] |
In what jurisdictions is trespassing a criminal matter? | -2 | https://law.stackexchange.com/questions/93776/in-what-jurisdictions-is-trespassing-a-criminal-matter | CC BY-SA 4.0 | <p>In England trespass in itself is an entirely civil matter, but in the US it is apparently a crime. What other jurisdictions treat the fact of having improperly tread on another’s property as a crime?</p>
| 93,776 | [
{
"answer_id": 93779,
"body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged 'canada'\" aria-label=\"show questions tagged 'canada'\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>The <em>Criminal Code</em> makes it... | [
"united-states",
"england-and-wales",
"any-jurisdiction"
] |
Is it legal to intentionally wait before filing a copyright lawsuit to maximize profits? | 19 | https://law.stackexchange.com/questions/93796/is-it-legal-to-intentionally-wait-before-filing-a-copyright-lawsuit-to-maximize | CC BY-SA 4.0 | <p>Let's say someone uses my intellectual property without my consent and uses it for commercial purposes. Can I wait until they've made many millions of dollars off of my work, so that I can sue and take a large portion of or all of that money? This takes place in the United States</p>
| 93,796 | [
{
"answer_id": 93802,
"body": "<p><a href=\"https://law.stackexchange.com/questions/85675/what-are-equity-and-equitable-remedies\">Equitable remedies</a> such as disgorgement (recovery of profits) are typically subject to equitable bars to recovery such as <a href=\"https://en.wikipedia.org/wiki/Laches_(equ... | [
"united-states",
"copyright",
"intellectual-property",
"statute-of-limitations",
"equity"
] |
How is derivative text material copyrighted within an older manuscript? | 2 | https://law.stackexchange.com/questions/80221/how-is-derivative-text-material-copyrighted-within-an-older-manuscript | CC BY-SA 4.0 | <p>This is an addendum to to a previous question: How is the copyright of the derivative work dated? For example; an author writes a book in 2009 and in 2020, re-edits the book with new material. Does this new material benefit from the earlier copyright? What if the author is suspected of infringement with this new material only, in 2021, by a second author who published his work in 2015? Is the first author accountable to the second? How can it be proven if all the old copies have been removed from the shelves?</p>
| 80,221 | [
{
"answer_id": 80224,
"body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged 'united-states'\" rel=\"tag\">united-states</a></p>\n<p>The author of a derivative work only gets a copyright on content that is original to the derivative work. There is no... | [
"copyright",
"derivative-work"
] |
Does being overturned on appeal have consequences for the careers of trial judges? | 4 | https://law.stackexchange.com/questions/93785/does-being-overturned-on-appeal-have-consequences-for-the-careers-of-trial-judge | CC BY-SA 4.0 | <p>Would a 95% rate of being overturned on appeal have any effect on a judge's career?</p>
| 93,785 | [
{
"answer_id": 93788,
"body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged 'canada'\" aria-label=\"show questions tagged 'canada'\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>The mere fact of being frequently o... | [
"judge",
"appeal",
"judiciary",
"judicial-review",
"judging"
] |
Ways to avoid a running Naturalization application being forwarded to another municipality/city | 2 | https://law.stackexchange.com/questions/93723/ways-to-avoid-a-running-naturalization-application-being-forwarded-to-another-mu | CC BY-SA 4.0 | <p>I have recently made a Naturalization application in Germany (1 month ago) in Bayern and am about to Move to Berlin in 2 months. And after I do the anmeldung my application will also be forwarded to the Berlin office.</p>
<p>This appears quite hopeless to me since in Berlin my request will not be even looked at before the end of this year due to the centralization of the Einburgerung office in Berlin. Let alone normal cases, Berlin also has a significantly durable process on this topic compared to other cities, and can take years instead of months.</p>
<p>My question is, can you please suggest a few ways to me to keep my application running in Bayern not to be transferred to Berlin? Because otherwise, it would be really hopeless...</p>
<p>--Possible ways that I have thought of so far is mentioning my place in Berlin as a Zweitwohnsitz, but I doubt I can find a landlord to accept doing the Anmeldung with me in Bayern while I don't live there, and don't know about potential risks. Another option also not doing Anmeldiung for a while...</p>
| 93,723 | [
{
"answer_id": 93739,
"body": "<p>This answer is based on a legal greyzone and Berlin's notoriously inefficient bureaucracy. As @Trish noted, you are legally required to register your new residence within two weeks <a href=\"https://www.gesetze-im-internet.de/bmg/__17.html\" rel=\"nofollow noreferrer\">§ 17... | [
"germany",
"immigration",
"passport",
"naturalization"
] |
Is an unauthorised appropriation with simultaneous deposit of another value a theft? 🍫 | 2 | https://law.stackexchange.com/questions/93775/is-an-unauthorised-appropriation-with-simultaneous-deposit-of-another-value-a-th | CC BY-SA 4.0 | <p>Today I tried to explain to my daughter what the saying <em>"opportunity makes the thief"</em> means.</p>
<p><strong>My example:</strong> Someone forgets his expensive chocolate 20 euros on a table in the park. You see the chocolate and, of all things, you have a big appetite for chocolate. Because the chocolate is lying on the table so unobserved, the temptation to eat the chocolate immediately is great. But my daughter said she wouldn't do that. After a moment's thought, she said she would put 20 euros on the table and then eat the chocolate and leave a note saying that the chocolate tasted very good. Now I was irritated. Is that actually theft?</p>
<p>I suppose if the owner of the chocolate sees the note and accepts the 20 euros, it would be a legal transaction, wouldn't it?</p>
| 93,775 | [
{
"answer_id": 93793,
"body": "<p>This is theft. While theft is defined in different ways in different places, the heartland of theft is "larceny" which involves knowingly taking property without permission of the owner, with an intent to permanently deprive the owner of the property taken.</p>\n<... | [
"criminal-law",
"contract-law",
"theft"
] |
Are complaints to hospital administration PHI under HIPAA's Privacy Rule | 0 | https://law.stackexchange.com/questions/93782/are-complaints-to-hospital-administration-phi-under-hipaas-privacy-rule | CC BY-SA 4.0 | <p>Paul has heart surgery. While he's recovering, staff is constantly distracted by their phones and fails to check in on him at required intervals, administer medication on time, and provide medically recommended therapy.</p>
<p>Before he checks out, Paul sees that the hospital's website has a form for making a complaint to hospital administration. Paul fills it out and notes all the information above.</p>
<p>The hospital's CEO reads the form, disciplines all the staff identified, and takes no further action with it.</p>
<p>To what extent is the form covered by HIPAA's Privacy Rule?</p>
<p>I'm looking for answers supported by law addressing similar facts.</p>
| 93,782 | [
{
"answer_id": 93790,
"body": "<p>PHI is health information that is individually identifiable. Any record, even a post-it note, can be PHI.</p>\n<p>In this case, the complaint form is PHI if it contains the patient's name or other identifier along with the details of treatment.</p>\n<p>When PHI is held by a... | [
"united-states",
"privacy",
"hipaa"
] |
Is it legally possible to bring an untested vaccine to market (in USA)? | 5 | https://law.stackexchange.com/questions/93728/is-it-legally-possible-to-bring-an-untested-vaccine-to-market-in-usa | CC BY-SA 4.0 | <p><a href="https://www.youtube.com/watch?v=CquiSjgJNc8" rel="nofollow noreferrer">Here</a> Neil DeGrasse Tyson says there was testing and a system in place assuring the safe production of the new vaccines. He addresses people who have claimed there was no testing. That got me curious about the process so I did some research. Looking to fill in some gaps.</p>
<p>Could the new mRNA vaccines have come to market without any testing? I keep hearing claims that the new Covid vaccines weren't tested before being brought to market, and that there's a law eliminating all liability, both criminal and civil, in the emergency situation. Lacking legal incentives to test, Pfizer, Moderna, and the rest did not, so it is claimed. My own research suggests otherwise, perhaps on a technicality, but I'm no lawyer.</p>
<p>Best I can tell, limited liability for vaccine manufacturers comes from the 2005 law <a href="https://en.wikipedia.org/wiki/Public_Readiness_and_Emergency_Preparedness_Act" rel="nofollow noreferrer">PREPA</a>. It still allows for prosecuting "willful misconduct". Am I right to take that to mean criminal liability is still on the table? From what I can tell, an effort is made to rein in what qualifies as "willful misconduct" which could potentially reduce even criminal liability to nothing.</p>
<p>It's also been said that those potentially hurt by an emergency vaccine have no recourse when injured. From what I can tell, they may have no legal recourse but VICP and CICP of <a href="https://en.wikipedia.org/wiki/Healthcare_Systems_Bureau#Compensation_programs" rel="nofollow noreferrer">The Healthcare Systems Bureau</a> will compensate people. This happens rarely and with a pittance, so arguably doesn't exist.</p>
<p>If there are no legal consequences, what reason would pharmaceutical companies have to conduct clinical trials before going to market? A gesture of good faith?</p>
<p>I can't tell if companies are legally required to test before going to market. Is there a specific law about that?</p>
| 93,728 | [
{
"answer_id": 93729,
"body": "<blockquote>\n<p>Could the new mRNA vaccines have come to market without any testing?</p>\n</blockquote>\n<p>No.</p>\n<p>The FDA still has to approve emergency limited approvals of new vaccines. At least as a practical matter, the FDA requires some testing to grant this approv... | [
"united-states",
"medical",
"vaccination",
"emergencies"
] |
Getting an EIN number for a Trust and Section 645 | 1 | https://law.stackexchange.com/questions/93780/getting-an-ein-number-for-a-trust-and-section-645 | CC BY-SA 4.0 | <p>A person dies with a revocable trust that becomes irrevocable after the person's death. The trustee of the irrevocable trust wants to get an EIN number. If in the process of getting the EIN number he/she selects to have the trust file under Section 645 does that eliminate the need to file a separate tax return for the trust? That is, the income for the trust can be reported on the estate's income tax return.</p>
<p>Bob Sherry</p>
| 93,780 | [
{
"answer_id": 93787,
"body": "<p>If the trust's income is reported under the estate given an election under 26 U.S.C. § 645, it does not need to apply for a second EIN while the estate continues to exist.</p>\n",
"score": 1
}
] | [
"united-states",
"trusts-and-estates",
"income-tax"
] |
How and when did trespass become a crime, or not a crime? | -3 | https://law.stackexchange.com/questions/93777/how-and-when-did-trespass-become-a-crime-or-not-a-crime | CC BY-SA 4.0 | <p>principally interested in the us and in England, but what are the origins of trespass being treated as not a crime in England, and conversely as a crime in the U.S.? As with terminology for civil burdens of truth? How did they diverge or who diverged from whom?</p>
| 93,777 | [
{
"answer_id": 93781,
"body": "<p>There hasn't really been any such divergence. The elements may vary, but trespass can be prosecuted both civilly and criminally in both jurisdictions.</p>\n",
"score": 2
}
] | [
"united-states",
"england-and-wales",
"trespass",
"any-jurisdiction"
] |
How could submarine tours (or similar activities) in international waters be regulated? | 1 | https://law.stackexchange.com/questions/93755/how-could-submarine-tours-or-similar-activities-in-international-waters-be-reg | CC BY-SA 4.0 | <p>After the recent Oceangate Titan submersible disaster, much attention has been drawn to the fact that there was no requirement for licensing or certification, due to operating in international waters. It has been said that Oceangate operated in a "regulatory no man's land" and that the results of an investigation may be of limited value, since no government has the jurisdiction to implement practical changes in the rules.</p>
<p>I imagine that there are ways to regulate such activities. For instance, countries can make it illegal for a ship offering unlicensed deep-sea exploration tours to dock in its ports. (Of course, this can be circumvented by using a different country as a starting point). Another measure might be to "sanction" a company, i.e. to prohibit the selling of parts or technology to a company offering uncertified ocean tours, which could be effective if most of the world's developed countries were on board.</p>
<p>However, I say all this as someone who knows nothing of the relevant laws/treaties/practices. What do experts on this subject think? For example, do you think that the results of an investigation into the Titan disaster could lead to practical changes?</p>
| 93,755 | [
{
"answer_id": 93759,
"body": "<p>Let's start with the bottom:</p>\n<blockquote>\n<p>For example, do you think that the results of an investigation into the Titan disaster could lead to practical changes?</p>\n</blockquote>\n<p>Yes, but it will depend on who does the investigation: The police or the respons... | [
"law-of-the-sea"
] |
How long do restrictive covenants apply on property willed to the state? | 2 | https://law.stackexchange.com/questions/93721/how-long-do-restrictive-covenants-apply-on-property-willed-to-the-state | CC BY-SA 4.0 | <p>If I devise real property to the state of Texas in my will, and it specifies that the homeless can not be evicted on the property, how long will that restriction apply for? <a href="https://law.stackexchange.com/q/93376/218">Assume the state accepts the gift.</a></p>
<p>If the clause reads,</p>
<blockquote>
<p>this property is to be managed for the best interest of the homeless, and the homeless shall never be evicted from the premise. If the state violates this clause, the property is to return to the heirs of the estate of Evan Carroll.</p>
</blockquote>
<p>In the above there is a restrictive covenant tied to an express clause of reverter. How long would such a clause apply to the state for? Forever?</p>
| 93,721 | [
{
"answer_id": 93738,
"body": "<p>Transfer of title must eventually occur, otherwise the property was never willed to another because the willing of the property is perpetually incomplete.</p>\n<p>One can place conditions on the transfer of title, but those conditions cannot last forever. They can last qui... | [
"real-estate",
"texas",
"real-property"
] |
Can the Secret Service arrest someone who uses an illegal drug inside of the White House? | 10 | https://law.stackexchange.com/questions/93726/can-the-secret-service-arrest-someone-who-uses-an-illegal-drug-inside-of-the-whi | CC BY-SA 4.0 | <p>In light of the recent discovery of cocaine inside the West Wing of the White House, I am wondering if a person who either lives in, or works in, or makes a visit to the White House, is caught using an illegal drug within the White House by a member of the Secret Service, whether that Secret Service member can immediately arrest that person and then turn that person over the Washington D.C. police department for prosecution.</p>
<p>Or, is arresting someone in the White House for drug possession/drug use not one of the job duties of the Secret Service?</p>
<p>Can the Secret Service arrest someone who uses an illegal drug inside of the White House?</p>
| 93,726 | [
{
"answer_id": 93727,
"body": "<p>The Secret Service is primarily concerned with protecting the people and information they oversee, not enforcing laws.</p>\n<p>They have the power to arrest someone for any unlawful conduct, but unless a drug user is presenting as a threat to a protectee, they are unlikely ... | [
"united-states",
"criminal-law",
"us-federal-government",
"president",
"drugs"
] |
Is it illegal to obtain a travel agent license simply to get discounts in hotels and airfare? | 0 | https://law.stackexchange.com/questions/93704/is-it-illegal-to-obtain-a-travel-agent-license-simply-to-get-discounts-in-hotels | CC BY-SA 4.0 | <p>My friend told me about how she got incredible discounts on hotels and airfare because she registered as a travel agent (Utah/USA) and many places offer high discounts to agents. She obtained her license by working through another agent in her neighborhood. I wasn't aware she was working, so I asked her more about what the job entailed and she told me that she doesn't actually provide her services as an agent, she only uses the license to get deep discounts for her own travels.</p>
<p>I don't think I can convince her it's fraud, but I don't want to see her in jail. I couldn't find any sources online that said one way or another whether it is fraudulent behavior. Are there any referencable sources I can point her to that could be helpful? Or is what is she doing entirely legal?</p>
<p>Also, unfortunately, I don't know any more details about her license or method of obtaining it as we spoke in casual passing about it. I can probably ask her though, if necessary.</p>
| 93,704 | [
{
"answer_id": 93706,
"body": "<p>The <a href=\"https://dopl.utah.gov/licenses/\" rel=\"nofollow noreferrer\">Utah Department of Professional Licensing</a> does not issue licenses for travel agents, and there seems to be no evidence of a statutory requirement for licensing. Therefore it's unclear what statu... | [
"travel"
] |
In what sense is an Assured Tenancy “assured”? | 0 | https://law.stackexchange.com/questions/93746/in-what-sense-is-an-assured-tenancy-assured | CC BY-SA 4.0 | <p>Why was this term chosen for the standard type of tenancy brought in under the housing act 1988? Who is the one that is meant to have the assurance, and what is the assurance thought to be of?</p>
| 93,746 | [
{
"answer_id": 93758,
"body": "<p>The assurance benefits both parties.</p>\n<ul>\n<li><p>The tenant cannot be evicted before the minimum term expires, if they have adhered to the terms of the agreement (with some rare exceptions).</p>\n</li>\n<li><p>The landlord can gain possession under the terms of the ag... | [
"england-and-wales",
"legal-terms",
"assured-shorthold-tenancy"
] |
What provisions entitle a defendant in a possession claim to receive on-the-day representation/advice from a duty scheme? | 2 | https://law.stackexchange.com/questions/93748/what-provisions-entitle-a-defendant-in-a-possession-claim-to-receive-on-the-day | CC BY-SA 4.0 | <p>Usually when facing a possession claim against oneself one is given access to a duty scheme advisor/representative. Suppose on one day there is no such representative present. Is a defendant who would have availed such advice had it been available seem to suffer any prejudice in the possession matter to which they are a party?</p>
| 93,748 | [
{
"answer_id": 93756,
"body": "<p>If no duty solicitor is available on the day, the defendant may make a <a href=\"https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23#23.5\" rel=\"nofollow noreferrer\">Part 23 Application</a> to the judge for an adjournment until they have had the opportuni... | [
"england-and-wales",
"legal-aid",
"possession"
] |
In the USA, is it legal for parents to take children to sexually oriented events? | 1 | https://law.stackexchange.com/questions/93531/in-the-usa-is-it-legal-for-parents-to-take-children-to-sexually-oriented-events | CC BY-SA 4.0 | <p>In <a href="https://law.stackexchange.com/questions/93522/in-the-usa-is-it-legal-for-parents-to-take-children-to-strip-clubs?noredirect=1#comment214346_93522">this question</a> I asked about parents taking children to strip clubs, answer showed what the law has to say in the case of sexually oriented businesses in general.</p>
<p>But what about non-businesses, like sexually oriented events, like private or open to public parties, carnivals or any type of events where it has act(s) that might be considered sexual. Is it also illegal for parents to take children to them?</p>
| 93,531 | [
{
"answer_id": 93761,
"body": "<p>I would think that at that point, it would fall under federal obscenity laws.</p>\n<p><a href=\"https://www.justice.gov/criminal-ceos/obscenity\" rel=\"nofollow noreferrer\">https://www.justice.gov/criminal-ceos/obscenity</a></p>\n<p>Specifically from that page: "visua... | [
"united-states",
"is-x-legal"
] |
Is it legal for a US military servicemember to disobey a lawful order that they reasonably believed was unlawful? | 6 | https://law.stackexchange.com/questions/93719/is-it-legal-for-a-us-military-servicemember-to-disobey-a-lawful-order-that-they | CC BY-SA 4.0 | <p>In the US military (and I would assume all militaries?) a servicemember must obey an order from a superior officer if the order is lawful; however, if complying would require the commission of a crime, the order is unlawful and must be disobeyed. Would a court-martial ever rule that it would have been legal to obey an order, but the servicemember reasonably believed it was unlawful and was therefore justified in refusing to comply? Has such a ruling ever actually happened?</p>
| 93,719 | [
{
"answer_id": 93732,
"body": "<p><a href=\"/questions/tagged/united-kingdom\" class=\"post-tag\" title=\"show questions tagged 'united-kingdom'\" aria-label=\"show questions tagged 'united-kingdom'\" rel=\"tag\" aria-labelledby=\"tag-united-kingdom-tooltip-container\">united-kingdom</a><sup... | [
"united-states",
"military",
"laws-of-war"
] |
Why are formal accusations of crimes called “charges”? | 0 | https://law.stackexchange.com/questions/93745/why-are-formal-accusations-of-crimes-called-charges | CC BY-SA 4.0 | <p>How and when did it come to be called this? What are the origins of the term “criminal charges”?</p>
| 93,745 | [
{
"answer_id": 93757,
"body": "<p>Charge comes ultimately from a Latin word meaning "cart," the same source as "car." From <a href=\"https://www.merriam-webster.com/dictionary/charge#word-history\" rel=\"nofollow noreferrer\">https://www.merriam-webster.com/dictionary/charge#word-histor... | [
"england-and-wales",
"legal-terms",
"common-law",
"legal-history"
] |
May I show a printed circuit board of a device on the internet? | 2 | https://law.stackexchange.com/questions/59690/may-i-show-a-printed-circuit-board-of-a-device-on-the-internet | CC BY-SA 4.0 | <p>Do I need a permission to show pictures of a printed circuit board of a device (consumer electronics) on my personal blog? I would like to show how certain modifications to the product can be made. I took some pictures during the process. Does sharing these pictures infringe any IP rights?</p>
| 59,690 | [
{
"answer_id": 59693,
"body": "<h2>Yes, you may</h2>\n<p>The layout of the board and its appearance are not protected by copyright, because they are not expressions or any other type of copyrightable content. Even if they were (say if some protested art was displayed on the board) you are displaying this fo... | [
"copyright",
"intellectual-property"
] |
Have open-source hardware licenses ever been enforced when distributing a physical product? | 3 | https://law.stackexchange.com/questions/93740/have-open-source-hardware-licenses-ever-been-enforced-when-distributing-a-physic | CC BY-SA 4.0 | <p>As I have <a href="https://opensource.stackexchange.com/q/8395/2829">found out</a>, there are "open-source hardware" licenses which are written in the spirit of "open-source software" licenses and require the user to publish a modified design if they distribute a physical product based on that design. Examples are TAPR and Arduino license.</p>
<p>However, unlike software which is subject to copyright in any form, circuit boards are not subject to copyright as they are not works of art. This makes me wonder whether open-source hardware licenses can actually provide the protection that they advertise.</p>
<p>Are such licenses deemed legally enforceable? Have they ever been enforced?</p>
| 93,740 | [
{
"answer_id": 93753,
"body": "<h2>Circuit boards are not subject to copyright but circuit board designs are</h2>\n<p><a href=\"https://www.lexology.com/library/detail.aspx?g=ecbb24af-4a0a-4971-9022-2edfeac253eb\" rel=\"nofollow noreferrer\">This</a> case from Taiwan neatly explains the difference.</p>\n<p>... | [
"licensing",
"open-source-software"
] |
Does the Colorado Privacy Act apply to churches with memberships (ex: Jehovah’s Witnesses)? | 4 | https://law.stackexchange.com/questions/93750/does-the-colorado-privacy-act-apply-to-churches-with-memberships-ex-jehovah-s | CC BY-SA 4.0 | <p>Suppose a person living in Colorado is a registered member of a church. In this church, certain “blessings” are considered contingent on your membership. Membership is recorded on a digital system.</p>
<p>This church also considers donations to it a commandment.</p>
<p>It also has over 100,000 members.</p>
<p>Suppose this person wanted to officially leave the church and request that this membership data be deleted. Is the church in question obligated under the <a href="https://coag.gov/app/uploads/2022/01/SB-21-190-CPA_Final.pdf" rel="nofollow noreferrer">Colorado Privacy Act</a> to comply with said request?</p>
| 93,750 | [
{
"answer_id": 93752,
"body": "<p>Probably not.</p>\n<p>The Act applies to:</p>\n<blockquote>\n<p>(1) EXCEPT AS SPECIFIED IN SUBSECTION (2) OF THIS SECTION, THIS PART\n13\nAPPLIES TO A CONTROLLER THAT: (a) CONDUCTS BUSINESS IN COLORADO OR\nPRODUCES OR DELIVERS COMMERCIAL PRODUCTS OR SERVICES THAT ARE\nINT... | [
"privacy",
"data-protection",
"colorado",
"data",
"data-protection-act"
] |
Is my employer allowed to make me work without pay? | 27 | https://law.stackexchange.com/questions/93378/is-my-employer-allowed-to-make-me-work-without-pay | CC BY-SA 4.0 | <p>As the title says: A coworker and I had recently made a mistake at work. In response to this, our manager decides we have to work for two extra hours on our next shifts unpaid. Is this legal?
I work in the State of Georgia in the US, by the way.</p>
| 93,378 | [
{
"answer_id": 93380,
"body": "<p>This is illegal, under the Fair Labor Standards Act, assuming you are not an "exempt" employee, which is primarily a salaried employee (your pay isn't based on how many hours you work). There are details about the complaint process <a href=\"https://www.dol.gov/ag... | [
"united-states",
"employment",
"labor-law",
"workplace",
"georgia"
] |
What kinds of injuries are covered by Social Security? | -2 | https://law.stackexchange.com/questions/82673/what-kinds-of-injuries-are-covered-by-social-security | CC BY-SA 4.0 | <p>I am injured (<a href="https://www.google.com/maps/reviews/@40.226143,-74.010427,17z/data=!3m1!4b1!4m5!14m4!1m3!1m2!1s116647982166856941576!2s0x0:0x378cebad53d3cd2f?hl=en-US" rel="nofollow noreferrer">by sports injury</a>) but was <a href="https://www.google.com/maps/reviews/@40.3536779,-74.0639766,17z/data=!3m1!4b1!4m5!14m4!1m3!1m2!1s116647982166856941576!2s0x0:0xfe73b6ff732230da?hl=en-US" rel="nofollow noreferrer">called schizophrenic</a>. I am a bartender, otherwise I will not take fraud as income. For this I looked into the 2018 National Beneficiary Survey (next one estimated release 2023) that says of 4062 reporters <strong>35.4% are mentally ill, 5.2% with developmental disability, and 14.9% are injured</strong> (or poisoned) in 2015. For a picture of the <strong>Musculoskeletally-disordered of 42.1%</strong>, we can use the <a href="https://www.cbpp.org/research/social-security/social-security-disability-insurance-0" rel="nofollow noreferrer">Center on Budget and Policy Priorities</a> <a href="https://www.cbpp.org/typical-disabled-worker-is-over-50-and-has-severe-mental-musculoskeletal-or-other-impairment-2" rel="nofollow noreferrer">reports</a> to get an age-related image. So, other than age, what injuries constitute a proper claim? Is it only when something (1) falls on you (2) on the job?</p>
<p><a href="https://i.stack.imgur.com/jA38q.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/jA38q.png" alt="Center on Budget and Policy Priorities" /></a></p>
<p><a href="https://i.stack.imgur.com/4sOtJ.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/4sOtJ.png" alt="National Beneficiary Survey, 2015" /></a></p>
| 82,673 | [
{
"answer_id": 82674,
"body": "<p>The Social Security Administration only provides benefits for what has been termed as <em>total disability</em>, which can be broadly described as the long-term, indefinite ability to work. Short-term injuries, which impair your ability to work for a finite period, or impai... | [
"united-states",
"disabilities",
"americans-with-disabilities-act",
"social-security",
"accident-insurance"
] |
Is it legal for a business to give a discount for paying with cash vs. credit card? | 1 | https://law.stackexchange.com/questions/93731/is-it-legal-for-a-business-to-give-a-discount-for-paying-with-cash-vs-credit-ca | CC BY-SA 4.0 | <p>I ate at a Croatian restaurant where I had the option to pay with cash with euros or pay with my credit card.</p>
<p>If I chose to pay with cash, I would be given a 10% discount.</p>
<p>As I have a VISA credit card issued in another EU country, this discount seems to be against the law.</p>
<p>According to <a href="https://europa.eu/youreurope/business/finance-funding/making-receiving-payments/electronic-cash-payments/index_en.htm" rel="nofollow noreferrer">https://europa.eu/youreurope/business/finance-funding/making-receiving-payments/electronic-cash-payments/index_en.htm</a> :</p>
<blockquote>
<h1>Card surcharges are not allowed</h1>
<p>You're not allowed to charge your customers extra for using a credit
or debit card. This applies to all card purchases (in shops and
online) made throughout the EU.</p>
</blockquote>
<p>So, is it a legal loophole to give discounts for paying with cash instead of adding a surcharge for paying with a credit card?</p>
<p>Or is this actually illegal?</p>
| 93,731 | [
{
"answer_id": 93735,
"body": "<h2>Yes, its legal</h2>\n<p>Economically, there is no difference between a cash discount and a card surcharge; legally, there is. That’s because the law prohibits charging <em>more</em> than the advertised price for a given payment method but doesn’t prohibit charging <em>less... | [
"european-union",
"payment",
"credit-card"
] |
Can I ask potential jurors in a prima facie state if speeding is legal? | 2 | https://law.stackexchange.com/questions/15451/can-i-ask-potential-jurors-in-a-prima-facie-state-if-speeding-is-legal | CC BY-SA 4.0 | <p>In some jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in the court of law, in front of a jury of one's peers, that the speed was nonetheless safe, reasonable and prudent.</p>
<p>Some potential jurors may be too conservative to appreciate the intricacies of the law (especially if such ideas are very new to them), or hold a grunge against people going over the posted speed limit.</p>
<p>What would be the best way to determine such bias during Jury Selection (Voir Dire)?</p>
<p>Can you ask potential jurors simple questions like:</p>
<ul>
<li>"Do you think exceeding the posted speed limit is illegal?"</li>
<li>"Do you think that the posted speed limits should never be exceeded?"</li>
<li>"Do you think that people exceeding the posted speed limit are guilty, and should pay a fine?"</li>
</ul>
| 15,451 | [
{
"answer_id": 15453,
"body": "<p>It is the job of the judge to instruct the jury about the law. If Texas had pattern instructions I'd look up what the instruction is for this matter, but you don't, so I don't know what the judge would say. But it is the judge's sole prerogative to instruct the jury in the ... | [
"texas",
"jury",
"speeding",
"voir-dire",
"prima-facie-speed-limits"
] |
What happens to an AST tenant when their landlord defaults on his mortgage? | 5 | https://law.stackexchange.com/questions/93724/what-happens-to-an-ast-tenant-when-their-landlord-defaults-on-his-mortgage | CC BY-SA 4.0 | <p>Larry buys a property on a mortgage and then lets it to Tim on a AST. Larry then defaults on his mortgage and the bank proceeds to repossess the property that is housing Tim. What is the process and timeframes for this? Is there any reason why the bank would or could not repossess the property with Tim residing as a sitting tenant? In short, what happens to Tim’s AST?</p>
| 93,724 | [
{
"answer_id": 93725,
"body": "<p>See Brindley Twist Tafft & James LLP, "<a href=\"https://www.bttj.com/2012/02/17/focus-mortgage-repossession-protection-tenants-act-etc-2010/\" rel=\"noreferrer\">Focus on the Mortgage Repossession (Protection of Tenants Act etc.) 2010</a> [<em>sic</em>]".</p>... | [
"england-and-wales",
"mortgage",
"assured-shorthold-tenancy",
"repossession"
] |
How do laws against computer intrusion handle the modern situation of devices routinely being under the de facto control of non-owners? | 15 | https://law.stackexchange.com/questions/93659/how-do-laws-against-computer-intrusion-handle-the-modern-situation-of-devices-ro | CC BY-SA 4.0 | <p>Current versions of Microsoft Windows will automatically update themselves.</p>
<p>That's usually great, but they also are designed to update themselves even if the owner of the device wants them to not do that. I could send them a certified letter revoking their authorization to install and run new software on my computer, and turn off all available update settings, and if I don't go turn the computer off it will still get updated when a new update comes out.</p>
<p>Why, legally, can Microsoft (or any other device manufacturer or application developer) control my computer in excess of what I have authorized, but when I do it to their computer, that is "hacking" and I go to "jail"?</p>
<p><a href="https://law.stackexchange.com/questions/9724/">Is Microsoft breaking any laws by forcing upgrades to windows 10?</a> asks about Microsoft's Windows 10 rollout specifically, but I am more broadly asking about the standard Windows updates, and about updates or other remote control functions for other devices that do not have a technical mechanism allowing the owner to disable them.</p>
| 93,659 | [
{
"answer_id": 93660,
"body": "<p>You ask:</p>\n<blockquote>\n<p>Why, legally, can Microsoft (or any other device manufacturer or application developer) control my computer in excess of what I have authorized... ?</p>\n</blockquote>\n<p>It cannot.</p>\n<p>The <a href=\"https://www.microsoft.com/en-us/Useter... | [
"united-states",
"hacking",
"cfaa"
] |
Burden of Proof for Reprinting a Book | 9 | https://law.stackexchange.com/questions/93713/burden-of-proof-for-reprinting-a-book | CC BY-SA 4.0 | <p>You republish a book from 1923 without asking anyone.</p>
<p>The original publisher (or its successor) sues you.</p>
<p>Do you need to proof that the author is 70 years dead already, or lies the burden of proof on the publisher?</p>
| 93,713 | [
{
"answer_id": 93722,
"body": "<p><strong>Short answer</strong>:\n§§ 64 ff. UrhG is not a defense (<em>Einwendung</em>) but an integral/constitutional component of copyright.\nAccordingly the party favoring the fact that a work is (still) copyrighted has the burden of proof.</p>\n<hr />\n<p><strong>Long ans... | [
"copyright",
"civil-law",
"germany",
"burden-of-proof"
] |
Attorney Client Privilege: Disclosure within Evidence | 0 | https://law.stackexchange.com/questions/75363/attorney-client-privilege-disclosure-within-evidence | CC BY-SA 4.0 | <h2>Florida Statues Provides</h2>
<blockquote>
<p>A person who has a privilege against the disclosure of a confidential
matter or communication waives the privilege if the person, or the
person's predecessor while holder of the privilege, <strong>voluntarily</strong>
<strong>discloses or makes the communication when he or she does not have a</strong>
<strong>reasonable expectation of privacy, or consents to disclosure of, any</strong>
<strong>significant part of the matter or communication.</strong> This section is not
applicable when the disclosure is itself a privileged communication.</p>
</blockquote>
<p><a href="https://codes.findlaw.com/fl/title-vii-evidence/fl-st-sect-90-507.html" rel="nofollow noreferrer">https://codes.findlaw.com/fl/title-vii-evidence/fl-st-sect-90-507.html</a></p>
<h2>Context</h2>
<p>A judge orders the defendant to provide evidence in Florida Nonbinding arbitration. The Defendant's administrative-contractor has provided Defense counsel with several emails as evidence. Defense attorneys submit pdf evidence: <strong>partially</strong> redacted email communication to the Arbiter and plaintiff. Said email starts with the partially redacted message, followed by the plaintiff's email. Evidence was published to a file sharing website for plaintiffs, to fulfill Florida procedural requirements.</p>
<p><em><strong>Prima facie</strong></em> review of the redaction includes some clearly visible sentences. Stakeholders are able to deduce the sender, at least one named recipient, and the nature of the request: the Defendant's administrative contractor requested counsel from a third-attorney, seeking advice as to how to proceed with undertaking a contested action, under the guise of pretextual claims set forth by the administrative-contractor. The sender is not an employee of the defendent, however, they are contracted to execute the Defendent's decisions.</p>
<p>Despite the redaction failures, counsel attempted to redact the contractor's message. Plaintiff's attorney argued that based on what is visible, it is necessary to see the remainder of the message as "best evidence". Defense Counsel has vigorously asserted that the judge should not consider any of the information that is intended to be redacted under attorney-client privilege. The judge asked the defense if he should consider what is clearly already visible.</p>
<p>Analysis of the evidence clearly revealed the fully unredacted message. Said analysis includes: Plaintiffs were able to "cut and paste" the partially redacted email to a basic text editor to reveal the complete message, without redactions. The message is an attempt to request counsel as to how to undertake the contested action and provides false information to counsel. The message is damaging to the Defense's case as the contractor admits plaintiff's claim.</p>
<p>The unredacted message:</p>
<ol>
<li><p>provides a pretextual basis to the third-attorney, for which counsel provide an opinion-letter regarding why the defendant is able to undertake the its disputed action. The opinion letter is the foundation which the Defendent relies upon for the Business-Judgement rule.</p>
</li>
<li><p>The unredacted message shows that Defendent's contractor admitting the absence of the defense claimed by Defendents.</p>
</li>
</ol>
<h1>QUESTIONS</h1>
<p>I would be interested in hearing arguments for AND against admitting the plaintiff's version of the unredacted version of evidence and why you think the judge will / will not admit the unredacted version.</p>
<p>I would like to understand (preferably with Florida case law examples): Is the disclosure of the evidence "as-is and subject to plaintiff "cut and paste" analysis?</p>
| 75,363 | [
{
"answer_id": 75364,
"body": "<h2>The evidence would (normally) be inadmissible</h2>\n<p><a href=\"/questions/tagged/australia\" class=\"post-tag\" title=\"show questions tagged 'australia'\" rel=\"tag\">australia</a></p>\n<p>The authority is <a href=\"https://www.claytonutz.com/knowledge/2014/apri... | [
"evidence",
"florida",
"rules-of-evidence",
"attorney-client-privilege"
] |
Can a rape victim's DNA be used against them in criminal proceedings? | 5 | https://law.stackexchange.com/questions/77907/can-a-rape-victims-dna-be-used-against-them-in-criminal-proceedings | CC BY-SA 4.0 | <p>This question arose after a recent revelation from the San Francisco DA, who said that DNA of rape victims that were gathered when performing a rape kit test<sup>1</sup> was used to identify a criminal suspect through a match in the database.</p>
<p>Does this practice</p>
<ul>
<li>contravene any state statute(s) or rule(s) of evidence?</li>
<li>contravene any federal statute(s) or rule(s) of evidence?</li>
<li>violate any state constitutions or the US constituiton?</li>
</ul>
<p>When I say ‘state’ in this question, I'm not just referring to California: it could be any state in the US or DC.</p>
<p>I'm also curious as to whether it is a legal practice in England and Wales.</p>
<h3>sources</h3>
<p>Articles on this story appeared in <a href="https://www.theguardian.com/us-news/2022/feb/14/san-francisco-police-woman-crime-dna-rape-kit" rel="noreferrer">the guardian</a>, <a href="https://www.independent.co.uk/news/world/americas/crime/police-san-francisco-rape-kit-b2015187.html" rel="noreferrer">the independent</a> and <a href="https://www.dailymail.co.uk/news/article-10513221/DA-San-Francisco-police-used-rape-kit-DNA-arrest-victim.html" rel="noreferrer">daily mail</a></p>
<hr />
<p><sup>1 - A rape kit usually takes several samples of possible perpetrator DNA and a sample of the victim's DNA to separate their DNA from the perpetrator.</sup></p>
| 77,907 | [
{
"answer_id": 77925,
"body": "<blockquote>\n<p>Does this practice contravene any state statute(s) or rule(s) of\nevidence?</p>\n</blockquote>\n<p>Generally not. States could adopt a statute that says otherwise, but I'm not aware of states that do. States often have regulations limiting police use of biomet... | [
"united-states",
"england-and-wales",
"us-constitution",
"rules-of-evidence",
"rape"
] |
Downloading solution manual of books | 2 | https://law.stackexchange.com/questions/93699/downloading-solution-manual-of-books | CC BY-SA 4.0 | <p>For many textbooks solution manuals are available online. Is it copyright violation to download these manuals for studying?</p>
| 93,699 | [
{
"answer_id": 93716,
"body": "<p>It is copyright infringement unless the author of the solution manual gives permission. The author of the textbook has no say in the matter. A solution manual might happen to infringe the textbook's copyright, e.g is the manual included the question along with the solution,... | [
"copyright"
] |
Is the executive branch obligated to enforce the Supreme Court's decision on affirmative action? | 10 | https://law.stackexchange.com/questions/93692/is-the-executive-branch-obligated-to-enforce-the-supreme-courts-decision-on-aff | CC BY-SA 4.0 | <p>The Supreme Court ruled, on June 29, 2023, that under Title VI of the Civil Rights Act of 1964, universities are obligated to treat all applicants fairly and not discriminate on the basis of race. Does this compel the executive branch to actually implement the ruling in practice? I.e. could the Biden administration declare that they’ll ignore all affirmative action related violations and not take away funding from any institutions that engage in such practices?</p>
<p>As a related example, marijuana is illegal in the US but this doesn’t mean that the government is forced to prosecute anyone for selling weed. Could a similar policy apply to colleges?</p>
| 93,692 | [
{
"answer_id": 93694,
"body": "<p>The judgment in <em>Students for Fair Admissions Inc. v. President and Fellow of Harvard College</em>, <a href=\"https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf\" rel=\"noreferrer\">600 U.S. ___ (2023)</a> was in relation to relief sought by the plaintiffs agai... | [
"united-states"
] |
Meaning of typical statement in the legal document of Stock option grant | 2 | https://law.stackexchange.com/questions/93680/meaning-of-typical-statement-in-the-legal-document-of-stock-option-grant | CC BY-SA 4.0 | <p>I am reading a legal document related stock option agreement here <a href="https://media.orrick.com/Media%20Library/public/files/o/option-agreement.docx" rel="nofollow noreferrer">https://media.orrick.com/Media%20Library/public/files/o/option-agreement.docx</a>. One section reads like</p>
<blockquote>
<p><strong>Termination upon Disability of Optionee.</strong> In the event of termination of Optionee’s Continuous Service Status as a result of Optionee’s Disability, Optionee may, but only within 12 month(s) following the Termination Date, exercise this Option to the extent Optionee is vested in the Optioned Stock.</p>
</blockquote>
<p>I could not understand what is the meaning of "<code>Optionee is vested in the Optioned Stock</code>"? An option is granted against some exercise price, based on some schedule, not the underlying stock, right? Therefore, as I understand, the holder is holding the option not the underlying stock itself, right? Therefore, should not be the right statement would be "<code>Optionee is vested in the granted option</code>"?</p>
<p>Additionally, the vesting schedule looks like</p>
<p>"<code><x%> of the Total Number of Shares shall vest and become exercisable..</code>"</p>
<p>How exactly underlying shares will become exercisable? Should not this statement read as "<code><x%> of the Total granted options shall vest and become exercisable..</code>"</p>
<p>I am not particularly from a legal background, so it is a bit difficult to understand above statement. Any insight will be very helpful</p>
| 93,680 | [
{
"answer_id": 93691,
"body": "<p>Typically, an employee stock option plan will come with a vesting schedule.</p>\n<p>The employee gets new stock options each year, but only really gets to own those stock options gradually over a period that is typically two to five years. This provides an incentive for an ... | [
"legal-terms"
] |
Grounds For Divorce in Massachusetts | -3 | https://law.stackexchange.com/questions/93705/grounds-for-divorce-in-massachusetts | CC BY-SA 4.0 | <p>If my wife wants to divorce me, does she need my consent? Does she need grounds - like I cheated (which I didn't and would never do).</p>
| 93,705 | [
{
"answer_id": 93712,
"body": "<p>The State of Massachusetts has "no fault divorce" as does every other U.S. state. Either spouse may unilaterally petition for divorce without grounds for divorce that have to be proven with evidence in court. A statement of a spouse under oath that there are irrec... | [
"united-states",
"divorce",
"massachusetts"
] |
Legal challenges against age-restricted housing | 5 | https://law.stackexchange.com/questions/93684/legal-challenges-against-age-restricted-housing | CC BY-SA 4.0 | <p>It’s fairly common when looking for real estate to see “adults only,” “seniors only,” or “55+” restrictions for strata/condominium properties. I would expect this to be a cut and dried case of discrimination – one can imagine a “whites-only” townhouse complex (rightfully) going down like a lead balloon.</p>
<p>In BC, this discrimination is explicitly allowed in the <a href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_07#section123.1" rel="nofollow noreferrer"><em>Strata Property Act</em></a>:</p>
<blockquote>
<p>The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.</p>
</blockquote>
<p>Has this kind of discrimination been tested in court or by a human rights tribunal before? Is it likely any such challenge would succeed?</p>
<p>(I’m specifically thinking about British Columbia but I expect any Canadian jurisdiction would be similar.)</p>
| 93,684 | [
{
"answer_id": 93686,
"body": "<p>The B.C. Human Rights Code exempts age restrictions for 55+ in relation to tenancy. See <a href=\"https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01\" rel=\"nofollow noreferrer\">Human Rights Code</a>, s. 10. The subsection prohibiting discriminatio... | [
"canada",
"real-estate",
"discrimination",
"human-rights"
] |
Can Meta create a Twitter clone? | 12 | https://law.stackexchange.com/questions/93695/can-meta-create-a-twitter-clone | CC BY-SA 4.0 | <p>Meta is about to release an app called Threads that has been labeled by news sources as a Twitter rival or Twitter clone.</p>
<p>I don't know how similar Threads actually is to Twitter, but hypothetically if it were almost identical, would that be legal? More generally, can anyone just copy an existing website (without copying the code or images)? Could I make a website that lets people post pictures like Instagram but call it MyPics? How similar do two websites or apps have to be before there's a legal/copyright issue?</p>
| 93,695 | [
{
"answer_id": 93697,
"body": "<blockquote>\n<p>More generally, can anyone just copy an existing website (without\ncopying the code or images)?</p>\n</blockquote>\n<p>Yes.</p>\n<blockquote>\n<p>Could I make a website that lets people post pictures like Instagram\nbut call it MyPics?</p>\n</blockquote>\n<p>Y... | [
"united-states",
"copyright",
"internet"
] |
Could you be charged with manslaughter for obstructing an ambulance? | 10 | https://law.stackexchange.com/questions/93664/could-you-be-charged-with-manslaughter-for-obstructing-an-ambulance | CC BY-SA 4.0 | <p>There was a recent incident in London that has been all over the news where protesters blocked a road and eventually ended up blocking an ambulance. It was stated that they were aware of the ambulance yet still refused to move. Assume a hypothetical scenario where this ambulance was responding to a time sensitive incident, i.e, a stabbing victim, who was therefore suffering from blood loss, and it could be conclusively proven that the delays caused by these protesters were the sole reason that this victim ended up dying from a survivable injury. Could the protesters be charged with manslaughter, assuming it was evident they were aware of the ambulance's presence?</p>
| 93,664 | [
{
"answer_id": 93666,
"body": "<h2>Charged? Of course, the police can charge you with anything at any time</h2>\n<p><strong>Could you be convicted?</strong></p>\n<p><a href=\"https://en.m.wikipedia.org/wiki/Manslaughter_in_English_law\" rel=\"nofollow noreferrer\">Maybe</a>.</p>\n<p>Their best shot is charg... | [
"united-kingdom",
"manslaughter",
"protest",
"wrongful-death"
] |
What is the legal significance of explicitly designating an ingredient as a fruit oil? | 1 | https://law.stackexchange.com/questions/93696/what-is-the-legal-significance-of-explicitly-designating-an-ingredient-as-a-frui | CC BY-SA 4.0 | <p>A South African food item lists an ingredient as olive (fruit) oil.</p>
<p>Another South African food item lists an ingredient as non-hydrogenated palm (fruit) oil.</p>
<p>I’ve never seen such designations on ingredient listings and assume that it has some legal significance to specify that it is a fruit oil (as in an oil of the olive fruit, rather than the seed) in South African law.</p>
| 93,696 | [
{
"answer_id": 93698,
"body": "<p>This may be historical with a quasi-legal underpinning. Apparently, regulations that might have banned palm kernel oil were repealed, but they would not have banned palm fruit oil. It is most likely there to inform consumers that these are the fruit oils, and not palm kerne... | [
"food",
"south-africa",
"food-processing"
] |
Different notice periods for employer and employee | -1 | https://law.stackexchange.com/questions/93688/different-notice-periods-for-employer-and-employee | CC BY-SA 4.0 | <p>On another site, someone was asking because it seems his employer doesn't need to give any notice during the three month probation period, while the employee has to give three months notice. Apart from being obviously most unfair, is that legal at all in the UK? (And information about other countries would likely be of interest to other people as well)</p>
| 93,688 | [
{
"answer_id": 93690,
"body": "<p>Referring to the UK company <a href=\"https://www.citation.co.uk/news/hr-and-employment-law/much-notice-given-probation-periods/\" rel=\"nofollow noreferrer\">Citation Ltd</a>:</p>\n<blockquote>\n<p><strong>How much notice has to be given during probation periods?</strong><... | [
"united-kingdom",
"notice"
] |
Could cases regarding violations of the ECHR be heard before UK courts prior to the Human Rights Act 1998? | 3 | https://law.stackexchange.com/questions/93676/could-cases-regarding-violations-of-the-echr-be-heard-before-uk-courts-prior-to | CC BY-SA 4.0 | <p><a href="https://ukandeu.ac.uk/explainers/the-european-convention-on-human-rights/" rel="nofollow noreferrer">https://ukandeu.ac.uk/explainers/the-european-convention-on-human-rights/</a></p>
<p>The above article that I have been reading suggests that an application to the European Court of Human Rights in Strasbourg should only be made if domestic routes have been 'exhausted', seeming to imply that domestic courts had jurisdiction to hear cases regarding violations of the ECHR (see the section under 'How is it enforced?').</p>
<p>However, the article goes on to state that the HRA was introduced to 'bring rights home' and enable people to protect their rights in domestic courts, suggesting that this was not the case prior to the act.</p>
<p>These two suggestions seem somewhat contradictory to me. Is there something that I have misunderstood?</p>
<p>Thanks!</p>
| 93,676 | [
{
"answer_id": 93681,
"body": "<p>Before the <a href=\"https://www.legislation.gov.uk/ukpga/1998/42/contents\" rel=\"nofollow noreferrer\">Human Rights Act 1998</a>, you could not complain on European Convention on Human Rights grounds to domestic courts.</p>\n<p>The UK as a state was signatory to and there... | [
"united-kingdom",
"european-court-of-human-rights",
"european-convention-on-human-rights"
] |
How do war survivors claim damages? | 2 | https://law.stackexchange.com/questions/93679/how-do-war-survivors-claim-damages | CC BY-SA 4.0 | <p>A Modern Example:</p>
<p>Numerous Ukrainians survivors have had their homes destroyed by Russian missiles. If the Russian prevail in this conflict, then I would think that said survivors can not claim damages against the victor. On the other hand for the purposes of the question, let us assume that the Ukrainians prevail in this conflict.</p>
<p>How & in what forum would a Ukrainian survivor claim / recover damages from Russia for the destruction of his / her home?</p>
| 93,679 | [
{
"answer_id": 93683,
"body": "<h2>Currently, there is no recourse</h2>\n<p>The Russian state is sovereign. This means the Russian government has to tell the Russian courts that they allow people to sue Russia for specific, enumerated things. If the Kremlin has not done so, then Russia has total, <a href=\"... | [
"russia",
"ukraine",
"war"
] |
Vehicle owners not required to prove towing company negligence in Texas | 3 | https://law.stackexchange.com/questions/93669/vehicle-owners-not-required-to-prove-towing-company-negligence-in-texas | CC BY-SA 4.0 | <p>Chapter 2308 of Title 14 of the Texas Occupations Code deals with towing and booting by towing companies.</p>
<p>Section 2308.404(a)(2) reads "A towing company, booting company, or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for ... towing, storage, or booting fees in connection with the vehicle's removal, storage or booting of the vehicle ..."</p>
<p>But then 2308.404(b) reads "A vehicle's owner or operator is not required to prove negligence of a parking facility owner, towing company, or booting company to recover under Subsection (a)."</p>
<p>What does this mean? If, for example, the owner claims that the towing company failed to observe the requirement that a towing company not tow a vehicle from a facility that fails to display proper signage (2308.301), is the burden of proof on the towing company and not the owner?</p>
| 93,669 | [
{
"answer_id": 93670,
"body": "<blockquote>\n<p>What does this mean?</p>\n</blockquote>\n<p>It means that proof of a violation of the statute is sufficient even if it wouldn't support a common law claim for negligence.</p>\n<blockquote>\n<p>If, for example, the owner claims that the towing company failed to... | [
"texas",
"negligence",
"parking",
"towing"
] |
Is illegal for a civilian to shine a light into police officer's car? | 3 | https://law.stackexchange.com/questions/92240/is-illegal-for-a-civilian-to-shine-a-light-into-police-officers-car | CC BY-SA 4.0 | <p>Police officers often shine a light into your car or even your eyes. I find this very annoying. Their reasons of using such light is to "check if there is a hazard or any other safety issues in your car". I did some research and in general, there is no relevant clause prohibiting the usage a flashlight this way.</p>
<p>My question is, in US and Canada, is it illegal for a citizen do the <strong>exactly same thing</strong> to a police officer: shine a light back at them out of your car or shine a light into their car? The reason is simple: before the officer show the police ID I cannot be sure that it is actually the real police that has been stalking me. I have to use a flashlight to examine <strong>if there is any hazard associated</strong>. The reason is safety and self-protection.</p>
| 92,240 | [
{
"answer_id": 92244,
"body": "<h2>The police will order you to stop and then you have to obey.</h2>\n<p>The moment you annoy the police in a way that is hindering their work (such as blinding them with a flashlight), they can demand you to stop. if you don't comply, then you are committing a misdemeanor. F... | [
"united-states",
"canada",
"police"
] |
UK: Good faith vs qualifying misrepresention | 3 | https://law.stackexchange.com/questions/93417/uk-good-faith-vs-qualifying-misrepresention | CC BY-SA 4.0 | <p>Consider the following in the context UK contract law, insurance and consumer rights.</p>
<p>When you (a person or legal entity) buys insurance there is some expectation that you properly value the item or items insured.</p>
<p>If at the time of a claim, the valuation is found to be incorrect (too low = underinsured) the insurer may <em>avoid</em> the claim or apply an <em>averaging clause</em>, effectively meaning they pay less than they would if you had valued the item(s) correctly and paid a higher premium as a result.
This is I believe termed a <strong>qualifying misrepresentation</strong>.</p>
<p>However, there is also an expectation from the consumer that if they acted in <a href="https://www.legislation.gov.uk/ukpga/2015/15/section/62/enacted" rel="nofollow noreferrer"><strong>good faith</strong></a> they should not be penalised.</p>
<p>Many complaints are made to the financial ombudsman and resolved by weighing these up.</p>
<p>See for example:</p>
<ul>
<li><a href="https://www.financial-ombudsman.org.uk/data-insight/insight/insight-in-depth-underinsurance-misrepresentation-non-disclosure" rel="nofollow noreferrer">https://www.financial-ombudsman.org.uk/data-insight/insight/insight-in-depth-underinsurance-misrepresentation-non-disclosure</a></li>
<li><a href="https://www.financial-ombudsman.org.uk/decisions-case-studies/ombudsman-decisions/search?Keyword=buildings+insurance+underinsurance+&Sort=relevance" rel="nofollow noreferrer">https://www.financial-ombudsman.org.uk/decisions-case-studies/ombudsman-decisions/search?Keyword=buildings+insurance+underinsurance+&Sort=relevance</a></li>
</ul>
<p>How might this work in the context of changes to the insured value made over time?
Specifically, if you consider a claim on buildings insurance with:</p>
<ul>
<li>A significant undervaluation is being made by the original managing agents.</li>
<li>Different managing agents involved over time.</li>
<li>Different insurance brokers used over time.</li>
<li>Different underwriters used over time.</li>
<li>The current managing agent claims that they acted in good faith to review the rebuild cost with various insurers.</li>
<li>Some records of increases in rebuild costs significantly beyond inflation levels
backing up the claim that this was discussed but nonetheless leaving the property undervalued.</li>
</ul>
<p>To my mind mistakes were made by multiple parties:</p>
<ul>
<li>Previous agents did not value the property correctly</li>
<li>Subsequent actors acted in good faith assuming the valuation to be correct</li>
<li>The client queried the valuation at least once and as a result the insured amount increased
(but there may be no record of these conservations)</li>
<li>However, no one made or asked for a proper valuation by the surveyor</li>
</ul>
<p>Has the client acted in "good faith" or made a "qualifying misrepresentation" and how could this be determined (by the ombudsman or anyone else)?</p>
<p>Does it make a significant difference if the managing agent (client) is a 'professional' property management company that might be expected to know these things vs a right to manage company or owners association?</p>
<p>Likewise would earlier claims made under a previous insurer where the under-insurance issue was not noted be factored in?
(for example, if a loss adjustor visited in regards to say an escape of water claim would they be reasonably expected to note the under insurance issue at the time and would that even be relevant if it was for a different broker or underwriter).</p>
<p>It is also unclear (to me) who is responsible for the valuation with buildings insurance.
If you consider car insurance. The valuation of a car is typically determined by the insurer using a "glass" guide. A consumer might reasonably expect something similar to apply for building insurance based on property values.
For items like jewelry, it appears the person taking out the insurance is expected to get it professionally valued.</p>
| 93,417 | [
{
"answer_id": 93687,
"body": "<blockquote>\n<p>If at the time of a claim, the valuation is found to be incorrect (too low = underinsured) the insurer may avoid the claim or apply an averaging clause, effectively meaning they pay less than they would if you had valued the item(s) correctly and paid a higher... | [
"united-kingdom",
"contract-law",
"consumer-protection",
"insurance"
] |
What does German law say about online threats using Social Media (Youtube)? | 0 | https://law.stackexchange.com/questions/44454/what-does-german-law-say-about-online-threats-using-social-media-youtube | CC BY-SA 4.0 | <p>I was watching a Youtube Video where a man calls on other people to kill a woman who burned the Quran and filmed it.</p>
<p>I know it's not OK if you disrespect somone's religion, but no one has a right to kill you or call for other people to kill you just for burning a book, do they?</p>
<p>I reported the video to YouTube and got the following response:</p>
<p><a href="https://i.stack.imgur.com/QAA27.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/QAA27.png" alt="enter image description here"></a></p>
<p>Is this really accurate? Does this not constitute an illegal threat under German law?</p>
| 44,454 | [
{
"answer_id": 76704,
"body": "<p>YT has certain obligations under Germany’s hate speech law <a href=\"http://bundesrecht.juris.de/netzdg\" rel=\"nofollow noreferrer\">Gesetz zur Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken</a>.\nYou can <a href=\"https://support.google.com/youtube/contact/net... | [
"germany",
"youtube"
] |
Why 'Solicitor General', and not 'Barrister General'? | 5 | https://law.stackexchange.com/questions/264/why-solicitor-general-and-not-barrister-general | CC BY-SA 3.0 | <p>In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts.</p>
<p>However, if <a href="http://en.wikipedia.org/wiki/Solicitor_General" rel="nofollow">Solicitors General</a> argue in courts, then ought they not be called 'Barristers General'? Does this nomenclature contradict the English definitions of 'barrister' vs 'solicitor'? </p>
| 264 | [
{
"answer_id": 289,
"body": "<p>The dichotomy between solicitors and barristers in the UK isn't one based on verbal definitions in the English language. In other words, the fact that barristers argue and solicitors don't isn't something that's inherent to the words, it's just how British law decided to divi... | [
"legal-terms",
"comparative-law"
] |
Can a university continue with their affirmative action program by rejecting all government funding? | 10 | https://law.stackexchange.com/questions/93668/can-a-university-continue-with-their-affirmative-action-program-by-rejecting-all | CC BY-SA 4.0 | <p>As per <a href="https://law.stackexchange.com/questions/93649/why-did-cj-roberts-apply-the-fourteenth-amendment-to-harvard-a-private-school">Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?</a>, the ban on affirmative action only applies to schools that receive federal funding. So... could a school continue with their affirmative action program if they just reject government funds? Or is there some sort of a 'gotcha' that prevents them from doing so in practice?</p>
| 93,668 | [
{
"answer_id": 93673,
"body": "<h3>Short Answer</h3>\n<blockquote>\n<p>Can a university continue with their affirmative action program by\nrejecting all government funding?</p>\n</blockquote>\n<p><strong>Yes.</strong></p>\n<h3>The Status Quo</h3>\n<p>There are <a href=\"https://deanclancy.com/a-list-of-coll... | [
"united-states"
] |
Why don't US courts use numbered paragraphs? | 2 | https://law.stackexchange.com/questions/51470/why-dont-us-courts-use-numbered-paragraphs | CC BY-SA 4.0 | <p>Many, if not indeed most, jurisdictions' (eg Germany, the UK, Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights) courts make use of numbered paragraphs for easy citation across a variety of platforms. This avoids issues with citation and allows for (on platforms such as BAILII or AustLII) HTML pinpoint linking to specific parts of judgments. I know that US statutory provisions use paragraph numbering, and a google (I have no formal study of American law) seems to suggest that court papers such as written arguments often require numbered paragraphs. Yet, the US supreme court and (again, from a quick web search) the US state courts do not seem to use this easy and extremely simple innovation to aid citation.</p>
<p>Is there a reason why? Or is this one of those things like inches and Fahrenheit where it's just an American practice that doesn't have a reason?</p>
| 51,470 | [
{
"answer_id": 93672,
"body": "<p>Many U.S. state courts do use numbered paragraphs, including Colorado. But the practice is fairly new and page numbers in privately published reporters was the historically established method of pinpoint citation. Most or all federal courts, and California appellate courts,... | [
"united-states",
"comparative-law",
"judgment",
"legal-citation"
] |
Are wills that easily contested? | 4 | https://law.stackexchange.com/questions/93652/are-wills-that-easily-contested | CC BY-SA 4.0 | <p>I've seen multiple situations in TV shows, fictional and nonfictional, where wills or other expressions of post-mortem wishes have been contested for reasons that seemed trivial.</p>
<p>One was a man who named his friends, a successful married couple, who loved and were loved by this child, and who he believed would be better guardians than his parents (the child's grandparents) to be his daughter's guardians, but once he died there was a legal battle over custody as this man's parent, the child's grandparents, thought they could provide a slightly "better" life due to being more wealthy.</p>
<p>Is this enough of an argument? Is a person's dying will not the final say unless extenuating circumstances are proven?</p>
| 93,652 | [
{
"answer_id": 93653,
"body": "<p>A child is not property, therefore a (deceased) parent cannot transfer ownership. In case the sole custodial parent dies, the court will appoint a guardian for a minor child, and will take into consideration the wishes of the deceased parent, however their primary duty is t... | [
"wills",
"death",
"guardianship",
"custody"
] |
Car Debt and the IRS | 2 | https://law.stackexchange.com/questions/93632/car-debt-and-the-irs | CC BY-SA 4.0 | <p>A certain tax payer is on a payment plan to the IRS. The tax payer owes $10,000. The tax payer has missed several payments and now the IRS is going to take away the tax payer's car. The car is worth about $11,000 however there is an outstanding loan on the car of about $4,000. Assuming the IRS takes the car for non-payment of taxes, who pays off the car loan? Does the lender get stuck?</p>
<p>Note: Assume the person is in the United States.</p>
| 93,632 | [
{
"answer_id": 93636,
"body": "<p><a href=\"/questions/tagged/australia\" class=\"post-tag\" title=\"show questions tagged 'australia'\" aria-label=\"show questions tagged 'australia'\" rel=\"tag\" aria-labelledby=\"tag-australia-tooltip-container\">australia</a></p>\n<h2>The lender is paid ... | [
"united-states",
"income-tax",
"irs"
] |
Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school? | 24 | https://law.stackexchange.com/questions/93649/why-did-cj-roberts-apply-the-fourteenth-amendment-to-harvard-a-private-school | CC BY-SA 4.0 | <p>In Justice Roberts's ruling in <a href="https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf" rel="noreferrer">Students for Fair Admissions v.
Harvard College</a> overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment."</p>
<p>Later, he writes (all emphases added):</p>
<blockquote>
<p>The conclusion reached by the Brown Court was unmistakably clear: the right to a <em>public</em> education 'must be made available to all on equal terms'."</p>
</blockquote>
<blockquote>
<p>Brown’s “fundamental principle that racial discrimination in <em>public</em> education is unconstitutional.”</p>
</blockquote>
<blockquote>
<p>For the reasons provided above, the <em>Harvard</em> and UNC admissions programs cannot be reconciled with the guarantees of the <em>Equal Protection Clause</em>.</p>
</blockquote>
<p>Why would the Equal Protection Clause apply to private universities? The EPC restricts certain <em>state</em> actions. And <a href="https://law.stackexchange.com/questions/63912/do-students-have-first-amendment-rights-at-a-private-university">other Constitutional amendments do not apply to private universities</a>.</p>
<p>The only opinion in this decision I could find that addressed this issue at all was Justice Gorsuch's concurrence in section II.B:</p>
<blockquote>
<p>Title VI says: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.” The Equal Protection Clause reads: “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” ...</p>
</blockquote>
<blockquote>
<p>The Equal Protection Clause operates on States. It does not purport to regulate the conduct of private parties. By contrast, Title VI applies to recipients of federal funds—covering not just many state actors, but many private actors too. In this way, Title VI reaches entities and organizations that the Equal Protection Clause does not. ... Title VI bears independent force beyond the Equal Protection Clause.</p>
</blockquote>
<p>While Gorsuch is not explicitly clear on this point, I read this as saying that he believes that Harvard's policies are illegal, but under Title VI of the Civil Rights Act (42 U.S. Code § 2000d), <em>not</em> under the Equal Protection Clause of the Fourteenth Amendment. But this seems like a pretty major departure from Roberts' position (which I don't understand) that the EPC applies to both Harvard and UNC.</p>
| 93,649 | [
{
"answer_id": 93651,
"body": "<p>Justice Gorsuch attempts to explain (at p. 20 of his concurrence):</p>\n<blockquote>\n<p>In the years following <em>Bakke</em>, this Court hewed to Justice Powell's and Justice Brennan's shared premise that Title VI and the Equal Protection Clause mean the same thing. ... A... | [
"constitutional-law",
"us-constitution",
"us-supreme-court",
"fourteenth-amendment"
] |
Inheritance tax on foreign gifts | 4 | https://law.stackexchange.com/questions/93661/inheritance-tax-on-foreign-gifts | CC BY-SA 4.0 | <p>Suppose that I as a UK citizen living in the UK am given money by an American who then dies. Do I have to pay inheritance tax to either the UK or US governments?</p>
| 93,661 | [
{
"answer_id": 93663,
"body": "<p><a href=\"/questions/tagged/united-kingdom\" class=\"post-tag\" title=\"show questions tagged 'united-kingdom'\" aria-label=\"show questions tagged 'united-kingdom'\" rel=\"tag\" aria-labelledby=\"tag-united-kingdom-tooltip-container\">united-kingdom</a></p>... | [
"united-states",
"united-kingdom",
"tax-law",
"inheritance"
] |
Is it legal for counties to defy the state supreme court? | 1 | https://law.stackexchange.com/questions/51418/is-it-legal-for-counties-to-defy-the-state-supreme-court | CC BY-SA 4.0 | <p>I live in Pennsylvania. Recently, the counties of Lancaster, Dauphin, and I believe Schuylkill and Cumberland have expressed that they are going to violate the state supreme court and governor by moving to the next level of re-opening despite COVID-19 (i.e., transitioning from red to yellow).</p>
<p>Is this legal? What are the repercussions of doing so?</p>
<p>I've seen some cite the "doctrine of lesser magistrates" as a defense for this. The only information I could find about this practice was from Wikipedia. According to the wiki page this movement originated as a way for a lesser magistrate to overturn the decision of a higher court. It appeared that the direct reference was to something akin to feudalism. I read elsewhere (I forget where exactly) that this practice used to be use in times of violence and war, often citing tyranny as the reason for doing so.</p>
<p>To me, this all sounds like the vote of "no confidence" in Chancellor Valorum from Star Wars Episode I.</p>
<p>Thoughts? I'm not a lawyer but merely a legal enthusiast. Thanks!</p>
| 51,418 | [
{
"answer_id": 51425,
"body": "<h2>Sending a letter to the Governor is legal</h2>\n\n<p>You can do it, I can do it and the elected officials of Lancaster County can do it. Thanks to the first amendment, that letter can say pretty much anything you like subject to limits that themselves are subject to strict... | [
"united-states"
] |
How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it? | 22 | https://law.stackexchange.com/questions/78726/how-does-licensing-software-not-imply-ownership-dont-i-own-a-windows-operating | CC BY-SA 4.0 | <h3>Background</h3>
<p>I've been through the <a href="https://download.microsoft.com/Documents/UseTerms/Windows_8.1%20Pro_English_2e388b0d-3b05-4312-a480-be210adcf487.pdf" rel="nofollow noreferrer">Windows 8.1 EULA</a> and the <a href="https://download.microsoft.com/Documents/UseTerms/Windows_8.1%20Pro_English_fe385e06-51e5-45eb-92a9-aaa3c23a9d6d.pdf" rel="nofollow noreferrer">EULA for computer manufacturers</a>. I've also seen <a href="https://law.stackexchange.com/questions/60888/is-it-illegal-to-resell-software-licenses">this question</a> where an answer says that Windows is sold as a software service.</p>
<p><strong>The EULA states this about ownership:</strong> <em>"How can I use the software? The software is licensed, not sold. Under this agreement, we grant you the right to install and run one copy on the computer on which you acquired the software (the licensed computer), for use by one person at a time"</em></p>
<p><strong>The EULA states this about transfer:</strong> <em>"Can I transfer the software to another user? You may transfer the software directly to another user, only with the licensed computer. The transfer must include the software, proof of purchase, and, if provided with the computer, an authentic Windows label including the product key."</em></p>
<p><strong>My question spans three scenarios:</strong></p>
<ul>
<li><p><strong>Scenario 1:</strong> I have a desktop computer on which I've installed only Linux. I purchased a new laptop for price <code>P</code>. It cost me <code>P</code>
because it had Windows 8.1 pre-installed and I could register Windows
online. There are other laptops that cost less than <code>P</code>, because they
are sold without any operating system. Windows EULA allows me to take a
backup of the operating system onto a pen drive. I registered Windows
and took a backup on a pen drive. Now within a few days, if the
laptop gets crushed under a truck, I've lost function of the
hardware, but I still have a backup of the software. Since I paid for
the software, can't I install it on my desktop PC, register it online
and use it?</p>
</li>
<li><p><strong>Scenario 2:</strong> The laptop does not get crushed under a truck. After a few years of using the laptop, I choose to sell the laptop to a
company that purchases old devices to recycle them. The company only
cares about the hardware. They are going to pull apart the entire
laptop and send the parts for recycling. Can I delete everything on
the hard disk, hand over the laptop to the company and use the
Windows backup to install it on my desktop PC?</p>
</li>
<li><p><strong>Scenario 3:</strong> I sell the laptop to someone who dislikes Windows. They'd rather use Linux. So I install only Linux on the laptop and
explicitly tell the person that although this laptop came bundled
with Windows, I'm going to use Windows for myself on my desktop PC,
and he'd have to only use Linux on the laptop.</p>
</li>
</ul>
<p>This is for a situation where Windows installed on the desktop would be used solely for personal use. No commercial use at all. If I wanted, I could take some of the RAM or some other hardware from the laptop and use it with any other laptop, because I purchased the hardware and I own it. So given that I have also purchased a license to the software, if the laptop gets destroyed, shouldn't I have the right to utilize the fact that I paid for the software, and be able to use the software as a single installation on my desktop? This is by nature of the software being safe from physical destruction, and the fact that I'm not misusing the software.</p>
| 78,726 | [
{
"answer_id": 78756,
"body": "<h2>General</h2>\n<p>The legal discussion hinges on the question whether the concept of <a href=\"https://www.lexology.com/library/detail.aspx?g=29f0d605-aae8-4163-966b-3d2acb0ba3a3\" rel=\"nofollow noreferrer\">copyright exhaustion</a> applies to software. (The linked article... | [
"software",
"licensing",
"india",
"eula"
] |
Have people been charged for obstructing evacuation? | 12 | https://law.stackexchange.com/questions/93643/have-people-been-charged-for-obstructing-evacuation | CC BY-SA 4.0 | <p>When evacuating a vehicle or a building in distress, the evacuees are normally supposed to leave their belongings behind. <a href="https://www.bbc.com/news/magazine-34191035" rel="noreferrer">This doesn't always happen</a>.</p>
<p>Technically, if actual harm comes to others through such action, it could count as endangerment or similar crimes of negligence. Of course, going after people who have been through an accident is unlikely to be a law enforcement priority, so has it ever happened?</p>
<p>I'm aware of cases against building owners, operators, or staff, which have impeded or obstructed an evacuation, but all of them have a duty of care.</p>
<p>Has a civilian not under the duty of care, such as a passenger, ever been criminally charged for obstructing an evacuation, in which they had been an evacuee?</p>
<p>I'm interested in any jurisdictions, and particularly in the strongest charges that have been brought in such a case.</p>
| 93,643 | [
{
"answer_id": 93644,
"body": "<h2>In <a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged 'germany'\" aria-label=\"show questions tagged 'germany'\" rel=\"tag\" aria-labelledby=\"tag-germany-tooltip-container\">germany</a>, you are likely charged if you act... | [
"criminal-law",
"any-jurisdiction",
"negligence"
] |
Are there any offences for which one does not have any right to elect a jury trial? | 2 | https://law.stackexchange.com/questions/93631/are-there-any-offences-for-which-one-does-not-have-any-right-to-elect-a-jury-tri | CC BY-SA 4.0 | <p>Certain offences are indictable only, some triable either way. Are there any that are considered so trivial as to be unworthy of the crown court’s resources?</p>
| 93,631 | [
{
"answer_id": 93655,
"body": "<p><a href=\"/questions/tagged/england-and-wales\" class=\"post-tag\" title=\"show questions tagged 'england-and-wales'\" aria-label=\"show questions tagged 'england-and-wales'\" rel=\"tag\" aria-labelledby=\"tag-england-and-wales-tooltip-container\">england-an... | [
"england-and-wales",
"criminal-procedure"
] |
Is a company obligated to pay out vacation time lost due to a use-it-or-lose-it vacation policy? | 4 | https://law.stackexchange.com/questions/88819/is-a-company-obligated-to-pay-out-vacation-time-lost-due-to-a-use-it-or-lose-it | CC BY-SA 4.0 | <p>Let's assume an employer has a use-it-or-lose-it vacation policy that allows employees to carry over 40 hours of vacation time from one year to the next. An employee ends the year with 60 hours of accrued vacation, and thus loses 20 of those hours. Given that <a href="https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148" rel="nofollow noreferrer">Massachusetts law considers vacation time wages</a>, and other circumstances require paying out those hours as if they were time worked (for example, on <a href="https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter41/Section111E" rel="nofollow noreferrer">termination of employment</a>), is the company obligated to pay out the hours lost to the use-it-or-lose-it policy?</p>
<p>Assume the employee in question was not prevented from taking vacation; they could have, but chose not to.</p>
<p>(reposted here as requested from workplace.stackexchange)</p>
| 88,819 | [
{
"answer_id": 88851,
"body": "<p><a href=\"https://www.mass.gov/doc/attorney-generals-advisory-on-vacation-policies/download\" rel=\"nofollow noreferrer\">Here</a> is an extract about "use-it-or-lose-it" vacation policies from the Massachusetts Attorney General's Fair Labor division (Link goes to... | [
"united-states",
"labor-law",
"massachusetts"
] |
Privileges of states "now existing" in contrast to other states, in importation of slaves | 4 | https://law.stackexchange.com/questions/93634/privileges-of-states-now-existing-in-contrast-to-other-states-in-importation | CC BY-SA 4.0 | <p>Article I, Section 9, Clause 1 of the Constitution of the United States says:</p>
<blockquote>
<p>The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.</p>
</blockquote>
<p>My question is about the implications of the phrase "now existing."</p>
<p>Would that mean that before the year 1808, Congress could forbid importation of slaves into states other than the 13 that existed when this was written? Did they?</p>
| 93,634 | [
{
"answer_id": 93640,
"body": "<p>This clause was included in order to attract the Southern states to join the union. For general context, see <a href=\"https://guides.loc.gov/federalist-papers/text-41-50#s-lg-box-wrapper-25493406\" rel=\"nofollow noreferrer\"><em>Federalist 42</em></a>,<sup>1</sup> <a href... | [
"us-constitution",
"slavery"
] |
Citing whole mailing list messages on the web | 3 | https://law.stackexchange.com/questions/82671/citing-whole-mailing-list-messages-on-the-web | CC BY-SA 4.0 | <p>When I cite a complete message from a mailing list, omitting all personal information, if any, that is relatively concise (“Hi”, definition of problem, question, “Thank You”), can I cite the message publicly on a website?</p>
<p>The message is a question related to computing and I cite the it because I answer it in the page.</p>
<p>The mailing list has publicly available archives.</p>
<p>Do I need consent of the original author to cite the message? Can I infringe copyright by embedding the whole message text on the page? (Assuming that the person did not give me any kind of permission explicitly.)</p>
| 82,671 | [
{
"answer_id": 82672,
"body": "<p>First, copyright means that permission from the author is generally required. The courts find three sorts of such permission: direct author-to-recipient explicit licensing (typical in the case of a book author to publisher relation), indirect licensing arising from platform... | [
"copyright",
"internet",
"email",
"attribution"
] |
Is the Supreme Court's in-house citation style manual publicly available? | 7 | https://law.stackexchange.com/questions/93507/is-the-supreme-courts-in-house-citation-style-manual-publicly-available | CC BY-SA 4.0 | <p>SCOTUS uses a distinct in-house citation style which, although it has a lot in common with the <em>Bluebook</em>, is not the same (differing in key places) and is as far as I know unique.</p>
<p>Is the citation style manual used in house for SCOTUS publicly available? Either because the Court has published it, or via FOI requests? It is probably possible to reverse engineer the citation rules from the Opinions of the Court, but do we have the guide for it?</p>
| 93,507 | [
{
"answer_id": 93510,
"body": "<p>A version republishing the Reporter's style guide is <a href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2758862\" rel=\"noreferrer\">available on SSRN</a> and for purchase on Amazon.</p>\n<p>It was edited in 2016, <a href=\"https://www.nelsonmullins.com/idea_exch... | [
"us-supreme-court",
"legal-writing",
"legal-citation"
] |
Finding citations | 4 | https://law.stackexchange.com/questions/92548/finding-citations | CC BY-SA 4.0 | <p>I’ve occasionally asked questions (<a href="https://law.stackexchange.com/questions/92547/equal-protection-discrimination-and-real-estate">example</a>) that could be easily answered by Shepard’s Citations—if I still had access. <strong>How should I search for citations of a statute or case without paying Lexis or traveling to some place that has the print edition?</strong></p>
<p>I can search the <a href="https://www.law.cornell.edu" rel="nofollow noreferrer">Cornell LII</a> for a particular citation, but if it has spaces, I get all the hits for any part. But when I tried to get "exact phrase" by quoting <em>311 U.S. 32</em>, there were zero results, which I know is not correct.</p>
| 92,548 | [
{
"answer_id": 92549,
"body": "<blockquote>\n<p>How should I search for citations of a statute or case without paying\nLexis or traveling to some place that has the print edition?</p>\n</blockquote>\n<p>There are no good free sources for this at this time for U.S. law. Essentially, this service is what lega... | [
"united-states",
"legal-research",
"legal-citation"
] |
Can HOA apply state laws instead of By-Laws and CC&Rs to write a citation? | 1 | https://law.stackexchange.com/questions/90008/can-hoa-apply-state-laws-instead-of-by-laws-and-ccrs-to-write-a-citation | CC BY-SA 4.0 | <p>HOA in Georgia. I have applied a removable sticker that said "this is not an HOA sponsored event" on a fundraising poster that was placed on the Common Property by another resident. Our HOA requires such disclaimer and this poster did not have it. Next thing I know , I received $600 citation from the Board for vandalism. I checked our By-Laws and CC&Rs and there is absolutely no regulation that addresses vandalism, the citation did not include which regulation was violated ( as required by our governing documents), it just said for vandalism. When I had a meeting with the Board about it and HOA attorney was present, he quoted some chapter from state law about vandalism. First of all, I did not damage anything because the sticker was removable and the poster was plastic, but most importantly : can HOA use state law or federal law instead of governing documents to give members citations?</p>
| 90,008 | [
{
"answer_id": 90012,
"body": "<p>State law may provide for criminal prosecution for vandalism, which could result in a fine or even imprisonment. The state can prosecute you, private individuals cannot. Fines imposed by a private organization are only enforceable through contracts, where damages could be r... | [
"hoa",
"vandalism"
] |
What is meant by "through YYYY Leg Sess" in universal citations of statutes/laws? | 1 | https://law.stackexchange.com/questions/86798/what-is-meant-by-through-yyyy-leg-sess-in-universal-citations-of-statutes-laws | CC BY-SA 4.0 | <p><strong>Question</strong></p>
<p>Let "YYYY" represent a variable for a given year, what does "through YYYY Leg Sess" at the end of a legal citation mean or signify?</p>
<p><strong>Background and Due Diligence</strong></p>
<p>In various legal documents, such as <a href="https://www.americanbar.org/content/dam/aba/directories/policy/annual-2021/609-annual-2021.pdf" rel="nofollow noreferrer">this one</a>, there are citations that contain "Leg Sess" which I'm guessing is short for "<em>Legislative Session</em>" or "<em>Legislature Session</em>" but aside from probably being wrong, what I'm hoping to understand is what it means and what impact it has when it's used as a <em>Universal Citation</em> as reference on Justia such as <a href="https://law.justia.com/codes/california/2015/code-com/division-14/section-14103" rel="nofollow noreferrer">here</a> and <a href="https://law.justia.com/codes/california/2011/civ/division-3/1738/1738" rel="nofollow noreferrer">here</a> referenced below:</p>
<blockquote>
<p>Universal Citation: CA Com Code § 14103 through (2015) Leg Sess</p>
</blockquote>
<p>In reading the Code being cited (14103) there are plenty of dates being mentioned but none that seem to correlate with 2015 so I'm having trouble understanding if it might mean something significant to its usage whereby, for example, it doesn't apply after 2015 or if another statute is being inferred to take its place.</p>
<blockquote>
<p>Universal Citation: CA Civ Code § 1738 (through 2012 Leg Sess)</p>
</blockquote>
<p>In reading the Civil Code mentioned above, it's noted that the parenthesis encloses the entire phrase "through 2012 Leg Sess" as opposed to previously where it was only the (assumed to be year) "2015" that was in parenthesis. Whereas in this case, it was amended in 1994 and has an effective date of January 1, 1995 so I'm uncertain of what the 2021 is supposed to reference when included in the citation.</p>
<p>Any attempt to search the meaning on Google results in pages and pages of other documents using the same citation and I had trouble finding a page that might simply explain what is meant by "Leg. Sess."</p>
<p><strong>The Problem at Hand</strong></p>
<p>The question originally being asked is to determine whether or not using any particular code cited in this way would be erroneous when attempting to present what code would be violated in present day.</p>
| 86,798 | [
{
"answer_id": 86802,
"body": "<p>It means the <em>entire code compilation</em> has been updated to include all legislative revisions to the code that occurred in the XXXX legislative session (and obviously earlier ones too).</p>\n<p>Of course, not every section of the code is amended every legislative sess... | [
"statutes",
"legislature",
"legal-citation"
] |
Referencing books or researches in a medium article for a potential profit | 3 | https://law.stackexchange.com/questions/86295/referencing-books-or-researches-in-a-medium-article-for-a-potential-profit | CC BY-SA 4.0 | <p>So, I'm writing an article for Medium and I need to back up my words with some proofs. I found the researches all publicly available, via Google Search, some just PDF's from, some are leading to jstor.org.</p>
<p>And my work of course is not a standalone resource, but just a review of closely related topics and results we are having up to this day. Part of the topics are common engineering knowledge, some is more specific.</p>
<p>Is it legal to do such referencing (in any form, but with acknowledgment to origin of some data or facts I'm using) in my Medium article, if I can enable partner program and get money for that?</p>
| 86,295 | [
{
"answer_id": 86303,
"body": "<p>It is legsl to include references showing readers where facts you include in your article were derived, or where they can be supported. Indeed academic ethics generally require doing so, although there is (in most cases) no legal requirement to do so. Listing the title, aut... | [
"copyright",
"attribution"
] |
I am writing a service agreement, how do I cite a legal code in the agreement? | 5 | https://law.stackexchange.com/questions/82792/i-am-writing-a-service-agreement-how-do-i-cite-a-legal-code-in-the-agreement | CC BY-SA 4.0 | <p>I am writing a service agreement, how do I cite a legal code in the agreement? As a company, I need to state what we will do and what the law requires us to do This is the law: <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22658&highlight=true&lawCode=VEH&keyword=notify" rel="nofollow noreferrer">cvc 22658</a></p>
<p>(m) (1) A towing company that removes a vehicle from private property under this section shall notify the local law enforcement agency of that tow after the vehicle is removed from the private property and is in transit.</p>
<p>(2) A towing company is guilty of a misdemeanour if the towing company fails to provide the notification required under paragraph (1) within 60 minutes after the vehicle is removed from the private property and is in transit or 15 minutes after arriving at the storage facility, whichever time is less.</p>
| 82,792 | [
{
"answer_id": 82798,
"body": "<blockquote>\n<p>how do I cite a legal code in the agreement?</p>\n</blockquote>\n<p>Saying "<em>section 22658 of the California Vehicle Code</em>" or "<em>Vehicle Code section 22658</em>" would work. See, for instance, <a href=\"https://www.leagle.com/deci... | [
"contract-law",
"california",
"towing",
"legal-citation"
] |
Do I have any recourse outside of the third party that processes red light camera violations in Illinois? | 0 | https://law.stackexchange.com/questions/80787/do-i-have-any-recourse-outside-of-the-third-party-that-processes-red-light-camer | CC BY-SA 4.0 | <p>I received a letter in the mail yesterday from payonlineticket-dot-com with a "Final determination of violation liability" for supposedly violating some red light law. The video on the site shows that I stopped before the white line, and then proceeded to turn right on red after checking traffic, which as far as I know is not a violation of Illinois law. There was nothing in the letter about contesting the citation, so I called the phone number and was told that the letter I received yesterday was the second of its kind and that I had missed my opportunity to contest. I explained that I had not received any other letter and wanted to contest but was not given the opportunity to do so. A supervisor who had not watched the video advised me to work directly with the police department which is out of state but only about an hour from me. She also said if I don't pay, then the $200 fine (which supposedly was $100 when the first letter was sent) then an additional $70 gets tacked on for the collection agency. Is there a way to contest such a citation?</p>
| 80,787 | [
{
"answer_id": 80789,
"body": "<p>The procedure for contesting such tickets varies by the municipality where the alleged violation occurred. Chicago, in particular, has its own specific procedures. There is often a strict deadline for the challenge process, and fines do escalate significantly if they go unp... | [
"traffic",
"court",
"illinois"
] |
Citing an employment contract using APA style | 1 | https://law.stackexchange.com/questions/70977/citing-an-employment-contract-using-apa-style | CC BY-SA 4.0 | <p>I am not sure if this is the right community for what I'm looking for, but here goes.</p>
<p>I would like to make an APA style citation of an employment contract using LaTeX document generator for personal use.</p>
<p>I have found some resources in the <a href="https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/apa_legal%20references%20.html" rel="nofollow noreferrer">Purdue website</a> regarding how to make APA citations of international treaties or other major legal agreements. However I'm not sure if the same is applicable for a simply employment contract between employer and employee.</p>
<p>Has anyone ever had to make a proper citation of an employment contract using APA style? If so please let me know what is the proper way of doing it.</p>
| 70,977 | [
{
"answer_id": 70978,
"body": "<h2 id=\"there-is-no-worldwide-standard-for-legal-citation-bzky\">There is no worldwide standard for legal citation</h2>\n<p>Each nation uses its own style and citation guide. Most of these will indicate how to reference contracts. However, in most cases they will simply be an... | [
"contract-law",
"legal-citation"
] |
How to cite a court case found online | 2 | https://law.stackexchange.com/questions/64228/how-to-cite-a-court-case-found-online | CC BY-SA 4.0 | <p>I need to cite one court case for a project I am researching. The <em>Chicago Manual of Style</em> says to use Bluebook citation for legal materials. I have a link to the document that I am using, but I am not sure how to cite it.
This is the link to the case: <a href="https://www.govinfo.gov/app/details/USCOURTS-nyed-1_11-cr-00623/summary" rel="nofollow noreferrer">link here</a>.</p>
<p>I think my citation should look something like this:</p>
<blockquote>
<p><em>USA vs. Hasbajrami</em> _____ (E.D.N.Y. 2016)</p>
</blockquote>
<p>Since I found it online, I'm not sure how to mark the "reporter" field, which I believe should be in the empty space I marked.</p>
<p>How should I cite this? I apologize, I have no experience with law, and despite about an hour of trying to figure out this one citation, I don't think I'm searching for the right things because I can't find anything.</p>
| 64,228 | [
{
"answer_id": 64237,
"body": "<p>This is an unreported case, so there is no "reporter" designation. You can cite like this: <a href=\"https://casetext.com/case/united-states-v-hasbajrami\" rel=\"nofollow noreferrer\"><em>United States v. Hasbajrami</em>, No. 11-CR-623 (JG), 2016 WL 1029500, at *1... | [
"legal-citation"
] |
Can a police car follow you to increase citations and fines? | 2 | https://law.stackexchange.com/questions/59957/can-a-police-car-follow-you-to-increase-citations-and-fines | CC BY-SA 4.0 | <p>Let's say you are traveling on city streets.</p>
<p>A police cruiser notices you are speeding and starts following you from an inconspicuous distance. During the time he follows you, he sees more violations.</p>
<p>Is it legal for a police cruiser to keep following you, and tallying additional citations and fines?</p>
<p>I am wondering specifically whether they could follow you to see if your excess in speed lasts for a distance / time, and further penalize you, but am also interested to learn whether they would tally several distinct citations by following you for a long time.</p>
<p>I am asking specifically of United States law. I am unsure if it would be different for state police and local police.</p>
| 59,957 | [
{
"answer_id": 59961,
"body": "<p>In general, yes, police <strong>could</strong> do this. I am not aware of any US state or locality which <strong>requires</strong> an officer to execute a stop as soon as a traffic violation is observed. Whether the police <strong>would</strong> act in such a way is another... | [
"united-states",
"police",
"traffic"
] |
Is it legal to download and host your own copy of a PDF (or any file) that you didn't originally author? | 0 | https://law.stackexchange.com/questions/57606/is-it-legal-to-download-and-host-your-own-copy-of-a-pdf-or-any-file-that-you-d | CC BY-SA 4.0 | <p>New York state (US) here. I am putting together a presentation for my company and found a PDF online that I would like to provide a link to, so that anyone reviewing my presentation after the fact can click, download and read.</p>
<p>I am not the author of the PDF nor do I have any association with the author or the company for whom the work was published. Its subject material is simply relevant to my presentation.</p>
<p>Because I need a reliable link to this PDF, and because I don't have any control over its online hosting, I would like to download this PDF, store it on a company drive, and then provide links to it (as its stored on the drive) from my presentation.</p>
<p>That way, if someone views my presentation, say, 5 years from now, they'll still have access to it because the PDF is hosted from our own infrastructure.</p>
<p><strong>Is it legal to do this?</strong> That is, can I:</p>
<ol>
<li>download the PDF from the <strong>external</strong> website where its hosted</li>
<li>save it on our drive</li>
<li>reference it (as its hosted from our drive) in my presentation</li>
<li>all without the express consent of the PDF author or the organization for whom the PDF is hosted by</li>
</ol>
| 57,606 | [
{
"answer_id": 57609,
"body": "<h2>No, that would infringe copyright.</h2>\n<p>Unless the copyright holder has released the PDF under a free license, or in some way granted permission to make copies of it, making such a copy and hosting it on your company server would infringe the holder's copyright. <a hre... | [
"united-states",
"copyright",
"new-york-state",
"attribution"
] |
How to cite an Act of Parliament that varies by jurisdiction? | 3 | https://law.stackexchange.com/questions/50464/how-to-cite-an-act-of-parliament-that-varies-by-jurisdiction | CC BY-SA 4.0 | <p>By way of example, the following is a citation using the <a href="https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012.pdf" rel="nofollow noreferrer">OSCOLA</a> style:</p>
<blockquote>
<p>Companies Act 2006, s 162(7)</p>
</blockquote>
<p>However, that provision contains different text depending on whether the jurisdiction is Scotland (which relies on the original text of the Act) or England and Wales (which relies on amended text). I couldn't find anything in OSCOLA which deals with this situation.</p>
<p>My proposed solution is to write it as above for the case of Scotland, and for the case of England and Wales to write it with reference to the instrument which amended the text:</p>
<blockquote>
<p>Companies Act 2006, s 162(7) as amended by Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (Fines on Summary Conviction)
Regulations 2015, sch 3 pt 1 para 9(5)</p>
</blockquote>
<p>Does anyone know if my approach is correct? Answers don't have to be specific to OSCOLA; it's the general approach I am interested in rather than the specific citation style.</p>
| 50,464 | [
{
"answer_id": 53255,
"body": "<p>I would cite it as:</p>\n<blockquote>\n<p>Companies Act 2006, s 162(7) as amended by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015, sch 3 pt 1 para 9(5)</p>\n</blockquote>\n<p>if doing so is necessary to establish ... | [
"united-kingdom",
"legal-citation"
] |
Interim Charging Order on Property was never changed to a Final Charging Order | 2 | https://law.stackexchange.com/questions/86433/interim-charging-order-on-property-was-never-changed-to-a-final-charging-order | CC BY-SA 4.0 | <p>If an Interim Charging Order on a property was never updated to a Final Charging Order can I get it removed? It has been over 13 years.</p>
<p>Edit to add more detail.</p>
<p>The creditor managed to sneak the interim charging order in the day before my bankruptcy hearing. So literally the very next day I was declared bankrupt. This was back in October 2009 and I am in England & Wales. I have not heard from the creditor since 2009, the debt has not been paid off, and as I say the interim charge was never made in to a final charge on the property title.</p>
<p>Thanks for the help!</p>
| 86,433 | [
{
"answer_id": 86484,
"body": "<p>I suspect what has happened is the court has set aside, or refused to enter, a Final Charging Order because you were made bankrupt before the Final Charging Order could be issued.</p>\n<p>In <a href=\"https://www.bailii.org/ew/cases/EWCA/Civ/2009/811.html\" rel=\"nofollow n... | [
"united-kingdom",
"property",
"bankruptcy"
] |
How to accomplish a court hearing after arrest without being stuck in prison cell for more than 4 years like Assange? | -6 | https://law.stackexchange.com/questions/93601/how-to-accomplish-a-court-hearing-after-arrest-without-being-stuck-in-prison-cel | CC BY-SA 4.0 | <p><strong>TLDR / UPDATE / SUMMARY:</strong></p>
<ul>
<li>Police: I'm arresting you.</li>
<li>Me: You are breaking the law, what I do is minor.</li>
<li>Police: No, I'm arresting you, what you do is more than minor.</li>
<li>Arrested.</li>
</ul>
<p>Now the question is: how quickly can I land in court to dispute the arrest?</p>
<p>Me discussing with the police: it is on the level "he said" / "she said" but they have monopoly on using force and it is only them who can arrest me (I cannot arrest them).</p>
<hr />
<p>I have never been arrested, I do not know how long it takes to land in court after the arrest.</p>
<p>I would like to know how to professionally challenge authority and their interpretation of "anything more than minor"</p>
<p>Since "anything more than minor" is not strictly defined, due to Climate Emergency, the threshold has been moved, therefore burden of proof is now on law enforcement. How long before we can cross-examine each other in the court of law? Sitting in a cell while waiting for a trial - <strong>MEH</strong>. Going to a court to have a debate with law enforcement - <strong>HELL YEAH</strong>.</p>
<p>The reason why I can be inclined to do it:</p>
<ul>
<li>Police, Crime, Sentencing and Courts Act 2022 (protest illegal)</li>
<li>Public Order Act 2023 (intention of protest illegal)</li>
<li>Secondary legislation through a back door ("anything more than minor")</li>
<li>Judge Silas Reid putting people to jail for telling the truth</li>
<li>More people arrested for sitting on a pavement and holding a sign</li>
</ul>
<p>Please allow me to quote: <a href="https://www.churchtimes.co.uk/articles/2023/9-june/news/uk/retired-priest-among-protesters-referred-to-attorney-general" rel="nofollow noreferrer">https://www.churchtimes.co.uk/articles/2023/9-june/news/uk/retired-priest-among-protesters-referred-to-attorney-general</a></p>
<blockquote>
<p>“When you take the stand, you take an oath to speak the ‘whole truth’. Our motivation is a crucial part of why we are there. I’m not a hoodlum sitting in the road for the fun of it. By not being allowed to speak about our motivation for taking action, we are being asked to break that oath by the judge.”</p>
</blockquote>
<hr />
<p>Some reading on "more than minor":</p>
<p>Policing Insight: <a href="https://policinginsight.com/features/opinion/the-end-of-protest-service-values-and-public-trust-are-more-important-than-assessing-more-than-minor-hinderance/" rel="nofollow noreferrer">https://policinginsight.com/features/opinion/the-end-of-protest-service-values-and-public-trust-are-more-important-than-assessing-more-than-minor-hinderance/</a></p>
<p>openDemocracy: <a href="https://www.opendemocracy.net/en/police-powers-ban-protest-laws-suella-braverman/" rel="nofollow noreferrer">https://www.opendemocracy.net/en/police-powers-ban-protest-laws-suella-braverman/</a></p>
<p>EDIT / UPDATE:</p>
<p>More resources, just search this phrase, use the quotes for more precise results:</p>
<blockquote>
<p>"more than minor" protest</p>
</blockquote>
<p>That's why was repeating "more than minor"</p>
<p>Legal challenge by Liberty: <a href="https://www.libertyhumanrights.org.uk/issue/liberty-launches-legal-action-against-home-secretary-for-overriding-parliament-on-protest-powers/" rel="nofollow noreferrer">https://www.libertyhumanrights.org.uk/issue/liberty-launches-legal-action-against-home-secretary-for-overriding-parliament-on-protest-powers/</a></p>
<p>The Justice Gap: <a href="https://www.thejusticegap.com/liberty-launches-legal-action-against-home-secretary-for-breaching-constitutional-principles/" rel="nofollow noreferrer">https://www.thejusticegap.com/liberty-launches-legal-action-against-home-secretary-for-breaching-constitutional-principles/</a></p>
<blockquote>
<p>The Home Secretary has now altered the law, constituting anything causing “minor disruption” to being “serious disruption” and worthy of police action. According to a cross party parliamentary committee, this is the first time the government has turned to secondary legislation to make changes to a law already rejected in primary legislation by parliament.</p>
</blockquote>
<p>Amnesty International: <a href="https://www.amnesty.org.uk/files/2023-06/Amnesty%20International%20UK%20-%20%20Briefing%20on%20Revised%20Protest%20Regulations.pdf" rel="nofollow noreferrer">https://www.amnesty.org.uk/files/2023-06/Amnesty%20International%20UK%20-%20%20Briefing%20on%20Revised%20Protest%20Regulations.pdf</a></p>
<hr />
<p>You can definitely dig deeper into protesting / intention of protest, but in the meantime please advise how to quickly and efficiently land in court after a potential arrest?</p>
| 93,601 | [
{
"answer_id": 93603,
"body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged 'canada'\" aria-label=\"show questions tagged 'canada'\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>There is a presumptive ceiling on t... | [
"united-kingdom",
"court",
"human-rights",
"arrest",
"protest"
] |
Can renters take advantage of adverse possession under certain situations? | 2 | https://law.stackexchange.com/questions/93598/can-renters-take-advantage-of-adverse-possession-under-certain-situations | CC BY-SA 4.0 | <p>It's my understanding, depending on the state, a renter could take steps to procure the property through being clever* and living there a long time, while taking additional steps to gain a legal claim. Either they have to pay certain bills, improve the property, or get involved in the home owners association. Are there any situations where they can claim the property outside of convincing the landlord to let them pay the property taxes? What about states that allow withholding of rent until the landlord repairs the unity?</p>
<p>I'm specifically looking for edge cases where a dispute could arise between a landlord and tenant that gets dragged out for years. It would be clearly be much easier to just find property no one owns as a result of something like the 2008 financial crisis, where the home owner goes bankrupt and the mortgage company.</p>
<p>*such as, the landlord violating some clause in the lease, and him starting legal proceedings over that.</p>
| 93,598 | [
{
"answer_id": 93600,
"body": "<h2>No</h2>\n<p>The criteria for adverse possession is that you have to be in possession <strong>without permission</strong>. A tenant, even one that pays no rent (or stops paying rent), has permission.</p>\n",
"score": 9
},
{
"answer_id": 93602,
"body": "<p><a... | [
"landlord",
"adverse-possession"
] |
Is attempted manslaughter a real crime? | 23 | https://law.stackexchange.com/questions/93486/is-attempted-manslaughter-a-real-crime | CC BY-SA 4.0 | <p>Is there such thing as being charged with attempted manslaughter? During a scene of a movie where they're reading out another character's rap sheet they mention 'attempted manslaughter'. As I understand it manslaughter is the unlawful but unintentional killing of another person through some sort of criminal negligence. Calling it <strong>attempted</strong> manslaughter, in my eyes, implies some sort of intent thus <em>attempted</em> and <em>manslaughter</em> seem to contradict each other. I'm just wondering is this some sort of technical mistake in the movie or is there such a crime as attempted manslaughter?</p>
| 93,486 | [
{
"answer_id": 93487,
"body": "<h2>Yes</h2>\n<p>For example, <a href=\"http://classic.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s270ab.html\" rel=\"noreferrer\">s270AB</a> of the <a href=\"/questions/tagged/south-australia\" class=\"post-tag\" title=\"show questions tagged 'south-australia'\... | [
"united-kingdom",
"manslaughter",
"attempt"
] |
How to decode a citation to a case reporter | 3 | https://law.stackexchange.com/questions/89453/how-to-decode-a-citation-to-a-case-reporter | CC BY-SA 4.0 | <p>Citations to cases are often in the form <em>Style of cause</em> (year, if not reflected in the citation), <code>[citation]</code>.</p>
<p>The <code>[citation]</code> element generally will include an abbreviated form of the reporter (e.g., S.C.R., All E.R., Sask. R., P.), or a neutral citation of the Court (e.g. SCC, UKSC, ABPC, etc.)</p>
<p>How can one determine what these abbreviations mean?</p>
| 89,453 | [
{
"answer_id": 89454,
"body": "<p><a href=\"/questions/tagged/commonwealth\" class=\"post-tag\" title=\"show questions tagged 'commonwealth'\" aria-label=\"show questions tagged 'commonwealth'\" rel=\"tag\" aria-labelledby=\"tag-commonwealth-tooltip-container\">commonwealth</a><a href=\"/que... | [
"legal-research",
"legal-citation"
] |
Why do court opinions list multiple layers of citations? | 15 | https://law.stackexchange.com/questions/85592/why-do-court-opinions-list-multiple-layers-of-citations | CC BY-SA 4.0 | <p>It is common in for courts to cite case law. But why do they cite or note what their citations cite? Here's an example I just came across:</p>
<ul>
<li><em>National Business Services, Inc. v. Wright</em>, 2 F. Supp. 2d 701 (E.D. Pa. 1998) (citing <em>Albert E. Price, Inc. v. Metzner</em>, 574 F. Supp. 281, 289 (E.D. Pa.1983))</li>
</ul>
<p>The first citation is to a specific page in a 1998 order from a U.S. District Court. Why parenthetically note how that in turn cites an earlier 1983 order <em>from the same court</em>? It's not like it lends more authority to the primary citation. (Or if it does, then why stop at the second layer of citation? If the 1983 order cited something earlier should it be listed as well?)</p>
| 85,592 | [
{
"answer_id": 85593,
"body": "<p>This practice varies depending on the court and/or judge's own style preferences and is often a judgment call based on what the author is trying to communicate with a citation.</p>\n<p>I'll give a few reasons why a judgment might provide multiple layers of citations:</p>\n<... | [
"legal-citation"
] |
Does USA have Neutral Citations like those of Australia, Canada, New Zealand, and UK? | 3 | https://law.stackexchange.com/questions/93472/does-usa-have-neutral-citations-like-those-of-australia-canada-new-zealand-an | CC BY-SA 4.0 | <p><a href="https://en.wikipedia.org/wiki/CANZUK" rel="nofollow noreferrer">CANZUK</a>'s Neutral Citations all utilize the same formula — does USA have anything alike? I cannot remember who, but some professor wrote that American citations are more baffling than CANZUK's Neutral Citations.</p>
<p><a href="https://canlii.ca/t/frpws#par391" rel="nofollow noreferrer"><em>Gonzales v. Oregon</em>, 546 U.S. 243 (2006)</a> doesn't <a href="https://libguides.library.qut.edu.au/c.php?g=458197&p=3131805" rel="nofollow noreferrer">abbreviate the court</a> — SCOTUS in this case.<br />
<a href="https://www.canlii.org/en/ca/scc/doc/2007/2007scc41/2007scc41.html?searchUrlHash=AAAAAQAZImNhc3RsZSByb2NrIHYuIGdvbnphbGVzIgAAAAAB&resultIndex=1#document" rel="nofollow noreferrer"><em>Castle Rock v. Gonzales</em>, 125 S.Ct. 2796 (2005)</a> doesn't <a href="https://libguides.library.qut.edu.au/c.php?g=458197&p=3131805" rel="nofollow noreferrer">number the judgment</a>.</p>
<p>But CANZUK Neutral Citations bear <a href="https://studyguides.lib.uts.edu.au/caselaw/citations" rel="nofollow noreferrer">the Judgment Year + Court Identifier + Judgment Number</a>.</p>
<blockquote>
<h4>United Kingdom</h4>
<p>ACG Acquisition XX LLC v Olympic Airlines SA (in
liquidation) [2013] EWCA Civ 369 [. . .]<br />
ACG Acquisition XX LLC v Olympic Airlines SA (in
liquidation) [2012] EWHC 1070 (Comm) [. . .]<br />
Actionstrength Ltd v International Glass Engineering
SpA [2003] UKHL 17</p>
</blockquote>
<p>Severine Saintier, <em>Poole's Textbook on Contract Law</em> (2021 15th edn), page xv.</p>
<blockquote>
<h4>Australia</h4>
</blockquote>
<blockquote>
<p>Australia and New Zealand Banking Group Ltd v Karam [2005] NSWCA 344</p>
</blockquote>
<blockquote>
<p>Equuscorp Pty Ltd v Glengallen Investments Pty Ltd [2004] HCA 55</p>
</blockquote>
<p>Neil Andrews, <em>Contract Law in Practice</em> (2021), page lvii.</p>
<blockquote>
<h4>Canada</h4>
</blockquote>
<blockquote>
<p>0856464 BC Ltd v Timber West Forest Corp (2014) BCSC 2433</p>
</blockquote>
<blockquote>
<p>Westpoint Management Ltd v Chocolate Factory Apartments Ltd [2007] NSWCA 253</p>
</blockquote>
<blockquote>
<p>Whiten v Pilot Insurance Co [2002] SCC 18</p>
</blockquote>
<blockquote>
<h4>New Zealand</h4>
</blockquote>
<blockquote>
<p>Bahramitash v Kumar [2005] NZSC 39</p>
</blockquote>
<blockquote>
<p>Electricity Corporation of New Zealand Ltd v Fletcher Challenge Ltd [2001] NZCA 289</p>
</blockquote>
<p><em>Ibid</em>, page lviii.</p>
| 93,472 | [
{
"answer_id": 93475,
"body": "<h3>Your examples are not neutral citations</h3>\n<p><em>Gonzales v. Oregon</em>, <a href=\"https://tile.loc.gov/storage-services/service/ll/usrep/usrep546/usrep546243/usrep546243.pdf\" rel=\"nofollow noreferrer\">546 U.S. 243</a> (2006) and\n<em>Castle Rock v. Gonzales</em>, ... | [
"legal-citation"
] |
Does a real estate buyer have recourse to recover fees related to an offer due to seller not disclosing probate period? | -3 | https://law.stackexchange.com/questions/93620/does-a-real-estate-buyer-have-recourse-to-recover-fees-related-to-an-offer-due-t | CC BY-SA 4.0 | <p>I live in the state of Massachusetts and recently put in an offer for a home.
The seller is actually 4 owners for which one passed recently (last year).<br />
During title search, it was found that there was a probate period with unknown period of time to clear. In fact, my attorney brought it up to the Seller team and apparently they had not even submitted a "S petition" to amend the title yet. This probate period was not disclosed to us in writing and in fact, we agreed to a closing date within the normal ~1.5 months from initial offer.</p>
<p>From the buyer perspective, I would have not put in an offer had I known this could potentially drag on. I already accrued fees for attorney, appraisal and inspection. If I walk away from the deal, those are lost.</p>
<p>For now, we are looking to salvage the situation by giving them 6 months to clear probate. Clearly, this ties my deposit and I cannot put an offer for other potential houses. But should the worst situation arise (where I have to pull out of the deal), my direct question is whether I have enough standing to pursue them for the expense I incurred due to their error and actually win?</p>
| 93,620 | [
{
"answer_id": 93625,
"body": "<p>There is no general duty to disclose in real estate sales, except as statutorily mandated. The burden is on the buyer to ask the relevant questions, and not over-interpret what was said. In Massachusetts, there is actually a law stating that non-disclosure is legally irrele... | [
"contract-law",
"real-estate",
"probate",
"homeownership"
] |
GDPR: Can a city request deletion of all personal data that uses a certain domain for logins? | 11 | https://law.stackexchange.com/questions/93586/gdpr-can-a-city-request-deletion-of-all-personal-data-that-uses-a-certain-domai | CC BY-SA 4.0 | <p>A <strong>city</strong> in Finland asked me to delete <strong>all</strong> data for <strong>everyone</strong> whose login uses a certain domain. The domain contains "edu" in it and "oppilas" (which translates to "student"), and my website doesn't have data that anyone is going to mind losing, so I have already deleted that data, however, I have some concerns about what to do in the future if the decision is less easy:</p>
<ul>
<li>I'm a little worried that I shouldn't allow certain domains to be used as logins in the first place, especially ones that might be school related</li>
<li>I'd like to have some idea for future reference if there's any case where the GDPR would require me to comply with such a request</li>
<li>I want to figure out the right way to reply to emails like this one</li>
<li>Is deleting the data actually more of a legal liability than not deleting it in some cases? (People shouldn't be able to delete other people's accounts.)</li>
</ul>
<p>I searched quite a bit but couldn't find anyone discussing the possibility of any of these things:</p>
<ul>
<li>an organization asking for the deletion of personal data</li>
<li>requests to delete data for more than one person</li>
<li>the GDPR saying anything about school-related domain names</li>
</ul>
<p>What makes this request seem wrong is probably pretty obvious, judging from the very straightforward wording of the GDPR:</p>
<ul>
<li>an individual can ask for deletion of their own data, and a guardian acting on a specific child's behalf can ask for data deletion, but there is no mention of any other situation</li>
<li>you can (should?) ask for a reasonable amount of identification for the individuals, but in a case like this, it would require the city to identify all logins and prove that they are acting on behalf of all these people, which would, itself seem like a breach of privacy (unless they have a specific list for the ones visiting my website)</li>
</ul>
<p>This seems like a pretty blatant misuse of the GDPR even if it is well-intentioned, and I'm wondering if I should notify some authority about it. I wouldn't bother if it were a teacher or some other small group, but it's the government of a city with a population of tens of thousands of people, and it seems like they're just blasting this request out to every website that has been visited by their users, without even providing a way for anyone to verify that they are, in fact, government officials.</p>
<p>I should note that I'm a US citizen living in the US and I'm the sole proprietor of the website, and the website doesn't pertain to the EU specifically in any way, which, as far as I understand it, means the GDPR doesn't require me to do anything about deleting private data, even by their own standards. However, I'd still <strong>prefer</strong> to comply with it even if I don't really have to.</p>
| 93,586 | [
{
"answer_id": 93591,
"body": "<blockquote>\n<p>Can a city request deletion of all personal data that uses a certain domain for logins?</p>\n</blockquote>\n<p>Well, they <em>can</em>, but they have no legal backing to make it happen. Their chances of succeeding are about as good as me requesting a Ferrari, ... | [
"gdpr"
] |
What are the consequences of evicting a licensee without giving them “reasonable notice”? | -3 | https://law.stackexchange.com/questions/93611/what-are-the-consequences-of-evicting-a-licensee-without-giving-them-reasonable | CC BY-SA 4.0 | <p>Bob is a licensee (ie non-tenant occupier). Because he isn’t a tenant, a possession order is not legally required to evict him.</p>
<p>Instead, he may be peaceably evicted upon “reasonable notice.” Reasonable notice depends on the circumstances of each case, but often equates to a single rental period.</p>
<p>Suppose he is evicted without any notice, for example comes home one day to find someone else living in his place, without any notice or explanation.</p>
<p>If he was a tenant, he would have a host of civil remedies available to him in this situation, but does the situation differ since he is not? And, if so, how?</p>
| 93,611 | [
{
"answer_id": 93624,
"body": "<p>As this is a residential licence, Bob is protected by <a href=\"https://www.legislation.gov.uk/ukpga/1977/43/section/1?timeline=false\" rel=\"nofollow noreferrer\">section 1</a> Protection from Eviction Act 1977:</p>\n<blockquote>\n<p>(2) If any person unlawfully deprives t... | [
"england-and-wales",
"landlord",
"eviction"
] |
How can sound assets be "license and royalty free" but also "non-commercial use only"? | 2 | https://law.stackexchange.com/questions/14026/how-can-sound-assets-be-license-and-royalty-free-but-also-non-commercial-use | CC BY-SA 4.0 | <p>MAGIX likes to sell sound packages that they proclaim as "license-free and royalty free content for non-commercial use only" (e.g <a href="https://www.cloudswave.com/creative-tools/s/magix-soundpool-dvd-collection-20/compare/magix-video-slideshow-sound-archive-8/" rel="nofollow noreferrer">https://www.cloudswave.com/creative-tools/s/magix-soundpool-dvd-collection-20/compare/magix-video-slideshow-sound-archive-8/</a> ). Sometimes they offer products that they advertise as "completely license and royalty free" but if you inquire they still tell you they are for non-commercial use only. I would have thought that prohibiting commercial use inherently requires a license, and that "license-free" inherently meant that the content could be used commercially. Is my assumption incorrect?</p>
| 14,026 | [
{
"answer_id": 14031,
"body": "<p>They can't.</p>\n\n<p>It seems that what is going on here is that someone doesn't actually understand what \"license\" means.</p>\n",
"score": 4
},
{
"answer_id": 93310,
"body": "<p>If it's license free, that means you can do exactly what copyright law allow... | [
"licensing"
] |
May my business notify Christians that we won't serve them? | 4 | https://law.stackexchange.com/questions/93606/may-my-business-notify-christians-that-we-wont-serve-them | CC BY-SA 4.0 | <p>Hypothetically, suppose that I own and operate a small business in Colorado which expresses artwork for clients and that I do not want to express Christian concepts because I am a Satanist. Might it be lawful to make a public notice that I will not offer business to folks who want me to express Christian concepts? Is it any better/worse if I note that I will accept Christian clients as long as they don't ask for anything Christian to be expressed in the product?</p>
<p>For context, I'm attempting to understand the conjunction of <a href="https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colorado_Civil_Rights_Commission" rel="noreferrer"><em>Masterpiece</em></a> and <a href="https://en.wikipedia.org/wiki/303_Creative_LLC_v._Elenis" rel="noreferrer"><em>303 Creative</em></a>.</p>
| 93,606 | [
{
"answer_id": 93607,
"body": "<p>Probably not. The impediment is the claim that you have a genuinely held religious belief. Changing the context a tiny bit, your employer is statutorily required to make an accommodation for the requirements of your religion, therefore they cannot fire you for refusing to w... | [
"united-states",
"discrimination",
"colorado",
"civil-rights",
"freedom-of-religion"
] |
Does PHI need to contain health information PLUS one of the 18 identifiers? | 1 | https://law.stackexchange.com/questions/49961/does-phi-need-to-contain-health-information-plus-one-of-the-18-identifiers | CC BY-SA 4.0 | <p>I've worked for various healthcare companies and found there's a wide range of interpretation to what protected HIPAA data is. It should be more cut and dry, but in actual practice it seems to be a little confusing.</p>
<p>My questions:</p>
<ol>
<li><p>Can one of the 18 identifiers be PHI by itself, without having any medical information attached to it? For example an first and last name from an EHR system. I have always thought you need some sort of medical information attached with the 18 identifiers to make it PHI, otherwise without the health information, it's PII. So a first and last name with the diagnosis of diabetes is PHI, but my first and last name is not PHI, only PII.</p></li>
<li><p>Does it matter where the information originated from? For example if a person inputs their health information into a healthcare website, say weight and medical condition, is that different from a doctor inputting that same data into their EHR? </p></li>
<li><p>The definition states that it's protected if the covered entity receives the information - but what if the patient gives health information (let's say weight and medical conditions) to a downstream business associate (with a signed BAA)? I thought HITECH extended liability to downstream associates as if they were the covered entity.</p></li>
</ol>
<p>It's worth posting the definition of protected health information for reference.</p>
<p><em>Under HIPAA, protected health information is considered to be individually identifiable information relating to the past, present, or future health status of an individual that is created, collected, or transmitted, or maintained by a HIPAA-covered entity in relation to the provision of healthcare, payment for healthcare services, or use in healthcare operations (PHI healthcare business uses).
Health information such as diagnoses, treatment information, medical test results, and prescription information are considered protected health information under HIPAA, as are national identification numbers and demographic information such as birth dates, gender, ethnicity, and contact and emergency contact information. PHI relates to physical records, while ePHI is any PHI that is created, stored, transmitted, or received electronically.
PHI only relates to information on patients or health plan members. It does not include information contained in educational and employment records, that includes health information maintained by a HIPAA covered entity in its capacity as an employer.
PHI is only considered PHI when an individual could be identified from the information. If all identifiers are stripped from health data, it ceases to be protected health information and the HIPAA Privacy Rule’s restrictions on uses and disclosures no longer apply.</em></p>
| 49,961 | [
{
"answer_id": 49962,
"body": "<p><strong>Response to point 1:</strong></p>\n\n<ol>\n<li>Yes, it’s true that for information to be classified as PHI, PII must be attached to the health information. If there is no health-related information that could be past, present or, future with the PII, it is only Pers... | [
"hipaa"
] |
Can I ask a cop, "What happened?" | 49 | https://law.stackexchange.com/questions/49002/can-i-ask-a-cop-what-happened | CC BY-SA 4.0 | <p>Around 10pm, I see red and blue lights through my window. I look outside, and I see 7 cop cars (and a bike) in front of my house. There are 8 cops standing around in a circle, laughing -- I'm concerned because I bought this (my first) home only months ago.</p>
<p>I go out and from a distance have the following dialogue:</p>
<blockquote>
<p>me: "Is everything okay?"</p>
<p>cop1: "It's okay, was just a shark attack."</p>
<p>me: "What?"</p>
<p>cop2: "We caught the bad guy."</p>
</blockquote>
<p>And they turned back around to their group, barring me from further conversation.</p>
<p>Did I just have a run-in with an arrogant group of officers, or am I in the wrong here? Can I legally pursue the question of "Hey, what's happening here?" Are they not required to inform me if I ask?</p>
<p><strong>Edit: I live in west Florida, if that's relevant. I could see it possibly being based on local laws?</strong></p>
| 49,002 | [
{
"answer_id": 49003,
"body": "<p>You are allowed to ask the police whatever questions you like. There is an upper limit that you can't refuse to obey a lawful order on the premise that you want to ask a bunch of questions, but they don't seem to have ordered you to do anything, so you can ask away. They ha... | [
"united-states",
"police",
"florida"
] |
Is it legal to bill a company that made contact for a business proposal, then withdrew based on their policies that existed when they made contact? | 22 | https://law.stackexchange.com/questions/93574/is-it-legal-to-bill-a-company-that-made-contact-for-a-business-proposal-then-wi | CC BY-SA 4.0 | <p>Based on a <a href="https://twitter.com/MahDryBread/status/1674078434178285575" rel="noreferrer">Twitter thread</a> from a mid sized YouTube personality:</p>
<blockquote>
<p>I have been emailed MORE THAN 10 TIMES by a service I'd like to be sponsored with that I will not name<br />
Every time they email me, I say I'd love to work with them, then the middle men come back to me and say they don't work with gaming channels<br />
THEN WHY DID YOU EMAIL ME</p>
</blockquote>
<p>Would it be legal for this creator, or another creator, to stipulate on their contact information page that contacting them for a sponsorship deal when the contacting entity has policies that would make a sponsorship arrangement not possible, and then withdrawing that sponsorship offer when the creator replies with interest, incurs an automatic administrative fees invoice for wasting the creator's time? And would the company be legally obligated to pay that invoice?? I think I've heard a couple of stories about people who put a clause like that on their contact page, sent the invoice and had the company pay the invoice. I'm interested in Canadian, USA and Belgian/EU laws on the subject.</p>
| 93,574 | [
{
"answer_id": 93576,
"body": "<p>If you have an agreement with a company that specifies "you agree to give me something of value, in case I give you something of value", you have a contract. In order for there to be a contract, there has to be actual acceptance of the offer. You can put out on a ... | [
"united-states",
"canada",
"european-union",
"business",
"belgium"
] |
Can a previously binding precedent be overturned based on its rationale being outdated? | 14 | https://law.stackexchange.com/questions/93568/can-a-previously-binding-precedent-be-overturned-based-on-its-rationale-being-ou | CC BY-SA 4.0 | <p>Al loses a case at first instance and appeals to some very high court if not all the way to last resort. The ultimate decision is made based on some rationale that appeals to common sense or general social conditions like an observation of what is socially typical. Or alternatively perhaps it is literally a ruling based on a determination what a “reasonable person” in a given scenario might do. Anyway, this becomes the prevalent legal regime for a certain type of case for 50 years, during which time society and culture progress and develop.</p>
<p>60 years later Bob loses a case on the basis of this precedent from a superior court 50 years ago.</p>
<p>Is it generally possible to argue to the court in which Bob finds himself that the rationale for the prevailing regime, laid down 60 years ago, is now outdated and thus inapplicable?</p>
| 93,568 | [
{
"answer_id": 93573,
"body": "<h2>An "outdated rationale" is one factor to be considered when overruling precedent.</h2>\n<p>Yes. Precedent relies on respect for the principle of <em>stare decisis</em>, the idea that courts should stand by what they have already decided, and thus enforce similar ... | [
"common-law",
"appeal",
"precedent",
"reasonableness"
] |
Final Income tax Return due to death | 2 | https://law.stackexchange.com/questions/93577/final-income-tax-return-due-to-death | CC BY-SA 4.0 | <p>If a person dies in 2023 and he has significant income in 2023 he has to file an income tax return. Would that income tax return cover the entire year or would it just cover Jan 1 to the date of death? Could it be done either way?</p>
| 93,577 | [
{
"answer_id": 93590,
"body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged 'united-states'\" aria-label=\"show questions tagged 'united-states'\" rel=\"tag\" aria-labelledby=\"tag-united-states-tooltip-container\">united-states</a></p>\n<h3... | [
"united-states",
"tax-law",
"trusts-and-estates",
"income-tax"
] |
Asset protection trusts and death of the beneficiary | 1 | https://law.stackexchange.com/questions/93587/asset-protection-trusts-and-death-of-the-beneficiary | CC BY-SA 4.0 | <p>It is my understanding that an asset protection trust cannot allow the beneficiary to specify where the money goes after the beneficiary dies. That is, it cannot give the beneficiary a general power of appointment after the beneficiary dies. That is the trust must irrevocable specify where the money goes after the beneficiary dies. Am I right about this?</p>
| 93,587 | [
{
"answer_id": 93589,
"body": "<p>You are wrong about this.</p>\n<p>An irrevocable asset protection trust can (and often does) contain a "special power of appointment" that a beneficiary can exercise.</p>\n<p>A special power of appointment is a right to say who gets trust assets that forbids the p... | [
"united-states",
"wills",
"trusts-and-estates"
] |
Buying a house from a trust that you own | 2 | https://law.stackexchange.com/questions/93583/buying-a-house-from-a-trust-that-you-own | CC BY-SA 4.0 | <p>Suppose that person X is the beneficiary and the sole trustee of an irrevocable asset protection trust. He is not the grantor of the trust. The trust has stocks, bonds and an house in it. Person X has the right to take assets from the trust. That is, if he wanted to he could just transfer the house to himself. Can person X buy the house from the trust at fair market value?</p>
| 93,583 | [
{
"answer_id": 93585,
"body": "<p>The primary question is why the trustee is disposing of the asset at all. The trustee has a particular fiduciary duty (we haven't seen the document so we have no idea what that duty is). It could be justified because, for example, the grantor needs cash for a brain operatio... | [
"united-states",
"trusts-and-estates"
] |
If a court witness self-implicates are they automatically charged? | 4 | https://law.stackexchange.com/questions/6885/if-a-court-witness-self-implicates-are-they-automatically-charged | CC BY-SA 3.0 | <p>If a witness under oath in court gives evidence that reveals they have committed a previously unknown crime or offence, are they automatically charged or is there another process that may or may not be followed before they are charged? They don't have an explicit immunity agreement, they have just revealed evidence that implicates them. The crime or offence doesn't have to be the one before the court.</p>
<p>An example from TV: A man is asked how he was in a position to witness the assault. He says, "I was in my garden at the time ritually slaughtering a goat." He comes from a country where ritually slaughtering goats is done by civilised people and he genuinely doesn't realise that it's illegal in this country. Nobody could anticipate that he would say that in advance and warn him not to. Would he be automatically charged or would it be discretionary?</p>
<p>I am particularly interested in Australian courts.</p>
| 6,885 | [
{
"answer_id": 6909,
"body": "<p>In the US, they would <em>not</em> be automatically prosecuted. The prosecutor would have to find out about the testimony, decide to prosecute, and go through all the normal processes they otherwise would, but they have an additional piece of evidence. Per the 5th Amendmen... | [
"criminal-law",
"evidence",
"rules-of-court",
"self-incrimination"
] |
Are there any non-conventional sources of law? | 9 | https://law.stackexchange.com/questions/90499/are-there-any-non-conventional-sources-of-law | CC BY-SA 4.0 | <p>The usual sources of law are specific laws created through a legislature and the executive, but are there any sources of law that aren't dependent on an organization or polity?</p>
<p>For example, something like customary law, but broader.</p>
| 90,499 | [
{
"answer_id": 90501,
"body": "<p>There is no one answer, but here are some examples.</p>\n<p>India is famous for deriving general principles of more important constitutional law concepts that can be used to find constitutional amendments to be unconstitutional.</p>\n<p>The U.S. has not gone to that extreme... | [
"jurisprudence"
] |
In order to get a refund, I lied about not getting pickles on my burger. Did I commit a crime? | 3 | https://law.stackexchange.com/questions/88655/in-order-to-get-a-refund-i-lied-about-not-getting-pickles-on-my-burger-did-i-c | CC BY-SA 4.0 | <p>I patronized the Krusty Krab once and ordered something very complex. My burger was supposed to contain pickles, which it did. However, I said there were no pickles and asked for (and received) a refund on that basis. Is that a crime?</p>
| 88,655 | [
{
"answer_id": 88657,
"body": "<p>If you were in <a href=\"/questions/tagged/washington\" class=\"post-tag\" title=\"show questions tagged 'washington'\" aria-label=\"show questions tagged 'washington'\" rel=\"tag\" aria-labelledby=\"washington-container\">washington</a> state, perhaps. It i... | [
"united-states",
"criminal-law",
"california",
"fraud"
] |
What is the rationale for alimony or 50/50 asset splits? | -5 | https://law.stackexchange.com/questions/93572/what-is-the-rationale-for-alimony-or-50-50-asset-splits | CC BY-SA 4.0 | <p>Pearl Davis opined, “okay we got a big super chat, ‘why is she awarded alimony and child support if she went to college and got ran through the whole premise of going to college is what if he leaves’— oh that’s a good point —-‘then why did you go to college if you’re just asking for his assets in a divorce. Just go get a job after the divorce”</p>
<p>Is there any legal merit in this argument?</p>
<p>The consideration seems to be that the rationale for alimony and child support is no longer applicable and true because women have no more legal and social barriers to entering the workforce and are often thought to be rather advantaged over men in the workplace and treated favourably.</p>
<p>Presumably when the divorce regime of blanket 50/50 asset splits and even child support and alimony payments were laid down by the law it was rationalised by the fact that women made greater domestic contributions which should be accounted for against the men’s almost invariably greater financial contributions.</p>
<p>Where did this regime come from, and what if these social conditions seem no longer to be present, can the regime be argued to be obsolete?</p>
| 93,572 | [
{
"answer_id": 93575,
"body": "<p>It seems self-evident the spouse who gave up their career to keep the home and raise the children will not post-divorce be in an equivalent position employment-wise (A) as if they had <em>not</em> given up their career or (B) to the spouse who continued <em>their</em> caree... | [
"divorce",
"any-jurisdiction",
"child-support",
"alimony"
] |
In the USA, is it legal for parents to take children to strip clubs? | 6 | https://law.stackexchange.com/questions/93522/in-the-usa-is-it-legal-for-parents-to-take-children-to-strip-clubs | CC BY-SA 4.0 | <p>I understand there are often different laws in different states, if this is the case with this question I would appreciate answers mentioning what differences are there between states.</p>
| 93,522 | [
{
"answer_id": 93524,
"body": "<p>Findlaw has an article headlined <a href=\"https://www.findlaw.com/smallbusiness/business-laws-and-regulations/adult-entertainment-law-zoning-and-other-regulations.html\" rel=\"noreferrer\">Strip Club Laws and the Regulation of Sexually Oriented Business</a>. Among othe th... | [
"united-states",
"is-x-legal"
] |
Does RIPA 3000 require service providers to retain the contents rather than merely metadata of SMS communications? | -2 | https://law.stackexchange.com/questions/93564/does-ripa-3000-require-service-providers-to-retain-the-contents-rather-than-mere | CC BY-SA 4.0 | <p>The question is not deeper than what is articulated in its title</p>
| 93,564 | [
{
"answer_id": 93567,
"body": "<p>If you mean the <a href=\"https://www.legislation.gov.uk/ukpga/2000/23/contents\" rel=\"nofollow noreferrer\">Regulation of Investigatory Powers Act 2000</a> (aka RIPA), it doesn't provide for mandatory <a href=\"https://en.wikipedia.org/wiki/Data_retention\" rel=\"nofollow... | [
"england-and-wales",
"counterterrorism"
] |
Damaged library books by accident | -3 | https://law.stackexchange.com/questions/93562/damaged-library-books-by-accident | CC BY-SA 4.0 | <p>Bob borrowed a book from the library and months later, accidentally dropped his bag (with the book in it) in a river. He retrieves the bag, but the book is ruined, being all sandy and wet. What is the consequence of this accident legally speaking?</p>
| 93,562 | [
{
"answer_id": 93565,
"body": "<p>If this is a public library in England or Wales, then they are allowed to charge for lost or damaged items, at their discretion, even though there is a general duty for libraries to make their normal lending services available free of charge.</p>\n<p><a href=\"https://www.l... | [
"england-and-wales",
"accident",
"library"
] |
SARing received text messages from a lost phone | 1 | https://law.stackexchange.com/questions/93543/saring-received-text-messages-from-a-lost-phone | CC BY-SA 4.0 | <p>Al loses his phone and it runs out of battery. He then is sent 10 SMS from various people. He then recovers his phone and switched it on and the messages are all received.</p>
<p>Bob loses his phone but never recovers it yet would like to see any messages he may have been sent.</p>
<p>As evidenced above and under RIPA 2000, we know that his service provider has been storing all of his received messages even if he never gets back that particular SIM card.</p>
<p>Is Bob entitled to access the SMS that were sent to him?</p>
| 93,543 | [
{
"answer_id": 93561,
"body": "<p>The service provider has no obligation (unless by contract) to keep the <em>content</em> of SMS messages.</p>\n<p>The service provider may keep content for a few hours or days, for circumstances such as unpowered phones. It will retain the <em>metadata</em> e.g. sender, rec... | [
"england-and-wales",
"gdpr",
"data-protection",
"subject-access-request",
"data-retention"
] |
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