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 a... | 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 mat... | 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 bef... | 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 cho... | 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 compla... | 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 r... | 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 t... | 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 inves... | 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 ... | 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 immed... | 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... | 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 a... | 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 g... | 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 ... | 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 de... | 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>Suppos... | 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... | 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="... | 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>
... | 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... | 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 c... | 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... | 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 ... | 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 ... | 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>Ter... | 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... | 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 (with... | 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 in... | 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 ... | 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... | 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 Strasbour... | 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 ... | 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 viol... | 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 thi... | 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... | 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 t... | 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 t... | 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... c... | 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 platform... | 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... | 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-... | 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 Clau... | 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? W... | 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... | 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 end... | 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... | 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 du... | 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 ... | 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 vi... | 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 t... | 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 Boar... | 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... | 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 resu... | 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... | 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 ... | 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_st... | 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-ny... | 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?<... | 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... | 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... | 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 declare... | 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 arr... | 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 th... | 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 negligen... | 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. SC... | 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.... | 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://canl... | 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 ... | 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 l... | 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>Suppos... | 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.clou... | 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? I... | 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... | 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 dialo... | 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'... | 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 b... | 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 b... | 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 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 ... | 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 ... | 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 RI... | 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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