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 |
|---|---|---|---|---|---|---|---|
Calling a judge as a witness in a case that the judge is presiding over? | 7 | https://law.stackexchange.com/questions/93236/calling-a-judge-as-a-witness-in-a-case-that-the-judge-is-presiding-over | CC BY-SA 4.0 | <p>I want to pose a question on the limits of a defendant's right to call people to testify at trial.</p>
<p>Let's assume that a judge is conducting a trial (the sort of trial is irrelevant - it could be criminal, civil, family or traffic court even), and the defendant calls the judge to the stand to testify - as a "hostile" witness if need be.</p>
<p>Does this action result in an automatic mistrial regardless of whether the judge accepted or refused to take the stand? Further, does a defendant have the right to subpoena and call <em>anyone</em> he wants to the stand, as a witness - even the president or the pope or a member of the jury? If the ridiculous witnesses he calls don't take the stand, is this also grounds for a mistrial since the witnesses he wanted were not heard in court?</p>
| 93,236 | [
{
"answer_id": 93237,
"body": "<p>Parties may only call witnesses for the purpose of adducing<sup>*</sup> <a href=\"https://en.wikipedia.org/wiki/Admissible_evidence\" rel=\"nofollow noreferrer\">admissible</a> evidence. Evidence is only admissible if it is <a href=\"https://en.wikipedia.org/wiki/Relevance_... | [
"evidence",
"rules-of-court",
"witnesses",
"judge",
"testimony"
] |
Lease signed before I’m fully approved, do I have a case to get out of the lease? | 2 | https://law.stackexchange.com/questions/93556/lease-signed-before-i-m-fully-approved-do-i-have-a-case-to-get-out-of-the-lease | CC BY-SA 4.0 | <p>I signed a lease a few months ago and someone from the apartment signed it as well. The move in day is in august. Now, they are saying that my lease is not “fully approved” and I can’t move in until I send in my proof of income. By saying I can’t move in, I feel as if they aren’t fulfilling their obligations of the signed lease. I would like to get out of the lease and I am wondering if it will be easier to do since at this point I am not fully approved.</p>
| 93,556 | [
{
"answer_id": 93559,
"body": "<p>A lease is a contract. A contract becomes binding once there is an offer and acceptance. Sometimes something smells like an offer, but it is really an "invitation to treat", a sign that they are willing to negotiate. The clear sign that they did not make an offer ... | [
"residential-lease",
"lease",
"breaking-the-lease"
] |
What did former Justice Dyson Heydon mean by "put that respectfully"? | 1 | https://law.stackexchange.com/questions/74769/what-did-former-justice-dyson-heydon-mean-by-put-that-respectfully | CC BY-SA 4.0 | <p>I'm having difficulty understanding this exchange between <a href="https://banco.net.au/news/robert-newlinds-sc-appointed-as-a-judge-of-the-district-court-of-new-south-wales" rel="nofollow noreferrer">Robert Newlinds SC</a>, the barrister representing the <a href="https://en.wikipedia.org/wiki/Australian_Council_of_Trade_Unions" rel="nofollow noreferrer">Australian Council of Trade Unions</a>, and <a href="https://en.wikipedia.org/wiki/Dyson_Heydon" rel="nofollow noreferrer">Dyson Heydon KC</a>, the Commissioner of the <a href="https://en.wikipedia.org/wiki/Royal_Commission_into_Trade_Union_Governance_and_Corruption" rel="nofollow noreferrer">Royal Commission into Trade Union Governance and Corruption</a>, on 17 August 2015 (<a href="https://web.archive.org.au/awa/20180419135629mp_/https://www.tradeunionroyalcommission.gov.au/Hearings/Documents/2015/Evidence17August2015/Transcript-ACTU.PDF#page=17" rel="nofollow noreferrer">transcript</a>, <a href="https://youtu.be/A9zSbrLObMk?t=17" rel="nofollow noreferrer">video</a>):</p>
<blockquote>
<p>THE COMMISSIONER: From whom do you get your instructions, Mr Newlinds, if you don't mind telling me that?</p>
<p>MR NEWLINDS: Mr Gordon.</p>
<p>THE COMMISSIONER: Yes, but from whom do the lay
instructions come?</p>
<p>MR NEWLINDS: They pass through a Mr Oliver but I
understand they come from the constituent entity.</p>
<p>THE COMMISSIONER: Where is Mr Oliver?</p>
<p>MR NEWLINDS: He's here somewhere.</p>
<p>THE COMMISSIONER: Is he in the hearing room?</p>
<p>MR NEWLINDS: I believe so.</p>
<p>THE COMMISSIONER: Yes. That seems to remove one obstacle to getting instructions.</p>
<p>MR NEWLINDS: No, it doesn't.</p>
<p><strong>THE COMMISSIONER: You put that, of course, respectfully.</strong></p>
<p>MR NEWLINDS: I do.</p>
</blockquote>
<p>Is Heydon accusing Newlinds of being disrespectful?</p>
<blockquote>
<p>THE COMMISSIONER: <strong>I don't quite understand that point.</strong> If, for example, Mr Oliver had just gone into hospital and was under a general anaesthetic, then of course your position would be impeccable.</p>
<p>MR NEWLINDS: May I explain the point?</p>
<p>THE COMMISSIONER: Can I just conclude by saying this: that if Mr Oliver is here, it is possible to get
instructions from him. If he has difficulties in getting instructions from others, this is just a possible point of view I am putting to you, he should have come armed with them this morning to pass on to you.</p>
<p>MR NEWLINDS: You say that.</p>
<p>THE COMMISSIONER: I do say that. That is a possible
view, is it not?</p>
<p>MR NEWLINDS: I don't accept that's a reasonable view.</p>
</blockquote>
<p>I looked up the legal meaning of "instructions," which is defined in the Oxford English Dictionary as:</p>
<blockquote>
<p><strong>5.</strong> In <em>plural</em>. <em>Law</em>. Information or directions regarding a case, as given by a client to a solicitor or a solicitor to a barrister. Also: authorization of a solicitor or barrister to conduct a case on a person's behalf.</p>
</blockquote>
<p>However, I also don't understand the point. What is Newlinds saying?</p>
| 74,769 | [
{
"answer_id": 74771,
"body": "<h2>“You put that, of course, respectfully?”</h2>\n<p>You bet your ass Heydon is telling Newlands off. Knock down drag out fights in a courtroom are more subtle than in a barroom and the judge <em>always</em> wins.</p>\n<p>First we have the trivial issue that the barrister int... | [
"legal-terms",
"australia",
"barristers"
] |
Serving as a trustee of a trust | 1 | https://law.stackexchange.com/questions/93533/serving-as-a-trustee-of-a-trust | CC BY-SA 4.0 | <p>A person serves as a trustee of an asset protection trust without compensation. Suppose there is a problem and some of the money is missing from the trust.</p>
<p>Could the trustee be sued and have to pay money? Would it be a valid defense that since the trustee was not paid there was no contract and therefore the trustee is not liable?</p>
| 93,533 | [
{
"answer_id": 93542,
"body": "<blockquote>\n<p>Could the trustee be sued and have to pay money?</p>\n</blockquote>\n<p>Yes.</p>\n<blockquote>\n<p>Would it be a valid defense that since the trustee was not paid there\nwas no contract and therefore the trustee is not liable?</p>\n</blockquote>\n<p>No.</p>\n<... | [
"united-states",
"civil-law",
"trusts-and-estates"
] |
Is there a term for set/prescribed measures of damages? | 1 | https://law.stackexchange.com/questions/93552/is-there-a-term-for-set-prescribed-measures-of-damages | CC BY-SA 4.0 | <p>A recent answer answers the question with another question, that of what damage the plaintiff has actually <em>suffered</em>. Yet certain statutory/case regimes have guidelines for compensation that are blind to actual damage suffered.</p>
<p>For example, where one can make out that a breach of the equality act has taken place, the Vento scale applies, even if it didn’t actually result in £900 worth of suffering.</p>
<p>Likewise, if a breach of either s213(3/6) HA2004 can be demonstrated, then the value of claims under S214 is prescribed by a set formula, regardless of actual impact to the applicant.</p>
<p>Can anyone think of any further examples of this, and Is there a name for this kind of prescribed, impact-blind regime for damages measures?</p>
| 93,552 | [
{
"answer_id": 93555,
"body": "<h2><a href=\"https://en.wikipedia.org/wiki/Statutory_damages\" rel=\"nofollow noreferrer\">Statutory Damages</a></h2>\n<blockquote>\n<p>… the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff.</p>\n</bloc... | [
"legal-terms",
"common-law",
"damages"
] |
Are there causes of action for which an award can be made without proof of damage? | 3 | https://law.stackexchange.com/questions/93553/are-there-causes-of-action-for-which-an-award-can-be-made-without-proof-of-damag | CC BY-SA 4.0 | <p>Are there causes of action for which an award can be made without the plaintiff demonstrating loss/damage?</p>
| 93,553 | [
{
"answer_id": 93554,
"body": "<p>Yes. Therefore, when assessing a claim, it would be incorrect or premature to conclude simply from lack of actual harm/damage that a wronged party would have no available remedy. In order to make this conclusion, one would have to examine the statutory scheme or the nature ... | [
"damages"
] |
How are "deep fakes" defined in the Online Safety Bill? | 6 | https://law.stackexchange.com/questions/93526/how-are-deep-fakes-defined-in-the-online-safety-bill | CC BY-SA 4.0 | <p><a href="https://www.theguardian.com/society/2023/jun/27/sharing-deepfake-intimate-images-to-be-criminalised-in-england-and-wales" rel="noreferrer">It is in the news</a> that sharing deepfake intimate images to be criminalised in England and Wales in the <a href="https://bills.parliament.uk/publications/51870/documents/3679" rel="noreferrer">Online Safety Bill</a>:</p>
<blockquote>
<p>Sharing deepfake intimate images is to be criminalised in England and Wales. Amendments to the online safety bill will make it illegal to share explicit images or videos that have been digitally manipulated to look like someone else without their consent.</p>
</blockquote>
<p>To try to find the definition I have searched the bill for the relevant words in that paragraph (deep, manipulated, "someone else", "explicit images") and they do not occur. "consent" occurs 9 times but not in this context.</p>
<p>I am interested in how the distinction is made between a deep fake created specifically to look like someone and one that looks like someone because they are in the training dataset. <a href="https://www.indy100.com/science-tech/ai-generated-girls-onlyfans-2659375868" rel="noreferrer">Generative AI porn is a thing</a>, and this is all created from video and images available online, pornographic and not. It
seems plausible that one could create and share an explicit work using an AI without the knowledge that it looked like a real person. Could that be criminalised under this law?</p>
| 93,526 | [
{
"answer_id": 93528,
"body": "<p>Section 170 of the Online Safety Bill proposes a new section 66A in the Sexual Offences Act:</p>\n<blockquote>\n<p><strong>66A Sending etc photograph or film of genitals</strong></p>\n<p>(1) A person (A) who intentionally sends or gives a photograph or film of\nany person’s... | [
"united-kingdom",
"england-and-wales",
"internet",
"pornography"
] |
Salaried workers and sick pay - UK | 1 | https://law.stackexchange.com/questions/93546/salaried-workers-and-sick-pay-uk | CC BY-SA 4.0 | <p>Someone I work with (in the UK) is salaried by definition of their contract. They used to get a flat rate at the end of each month, lets say £2000 or thereabouts.</p>
<p>A new owner has come in and said that sick days will be taken off their pay unless they make those up elsewhere. So the worker has three choices if they are off a day due to illness, they can either have their pay reduced, they can do an extra day at some other point in the month or they can use some of their holiday to cover the illness so they get paid their usual amount.</p>
<p>If they work beyond what is expected of them, they get no overtime as they are salaried.</p>
<p>The contract they have signed doesn't say they get sick pay, just SSP, but to me this seems to be wrong given they are meant to be salaried.</p>
<p>To me this seems like a lose-lose situation for the worker and I'm wondering if it is at all legal?</p>
<p>Thanks
Rabidbean</p>
| 93,546 | [
{
"answer_id": 93551,
"body": "<h2>This is <a href=\"https://www.ouryclark.com/resource-library/quick-guides/employment/employment-overview-of-uk-employment-law.html\" rel=\"nofollow noreferrer\">legal</a></h2>\n<blockquote>\n<p>Employees are not legally entitled to receive their salary whilst off sick. How... | [
"united-kingdom",
"salary"
] |
Can personal data compelled by police able to be disclosed to a private business? | -2 | https://law.stackexchange.com/questions/93530/can-personal-data-compelled-by-police-able-to-be-disclosed-to-a-private-business | CC BY-SA 4.0 | <p>Bob is ejected from a private business as the police are called because the security guard felt his dietary proclivities were socially unacceptable in public. The police arrived and Bob was already out of the store but they claimed even after hearing his side of the story that he must give his personal address and details under s50 police reform act due to their having been allegations of anti social behaviour committed. If he didn’t comply with their demand, they said, then he would be arrested.</p>
<p>Several problems with this: at first they requested Bob’s details for the purpose of rendering a trespass/barring notice to him. When he declined on the basis that no offences had been committed, they replied by changing their request to a demand on threat of arrest, for which the ground was the then-invoked s50 police reform act, and the fact that there had been at least allegations of anti social behaviour.</p>
<p>First, it was evident that they had not been planning to treat the situation as one of dealing with a case of ASB. They simply wanted to relay the private business’s desire to ban Bob from future visits to their premises, which was evidently the motive for their request for bob’s personal details, and in Itself I think I grounds for a compulsory demand for the same.</p>
<p>The second issue is that they then turned around and disclosed Bob’s details including name and DoB to the private business who in itself has no right to compel such disclosure of personal data.</p>
<p>In my experience, an uncharged criminal suspect’s details have never been disclosed to me by police even when they are aware of them, when I have been a complainant/victim. Why does a business’s private security become entitled to a private individual’s personal details disclosed under compulsion and force of law?</p>
<p>The officers explained to Bob that it is permissible to disclose for the purpose of prevention and detection of crime. (Which trespassing in itself is not).</p>
<p>Was this officer talking nonsense?</p>
| 93,530 | [
{
"answer_id": 93532,
"body": "<p>The relevant part of the act is:</p>\n<blockquote>\n<p>If a constable in uniform has reason to believe that a person has\nengaged, or is engaging, in anti-social behaviour, he may require\nthat person to give his name and address to the constable.</p>\n</blockquote>\n<p>It ... | [
"england-and-wales",
"police",
"data-protection",
"trespass",
"private-property"
] |
Closed source code theft prevention via license | 2 | https://law.stackexchange.com/questions/93544/closed-source-code-theft-prevention-via-license | CC BY-SA 4.0 | <p>Let's say I have an app stored as a closed source code (e.g on github) for which I have a software license in place (Apache 2.0), is this enough to prevent/prosecute an employee or just a random outsider who somehow managed to get the code, copy it and thereby "proclaiming" it as his own, and in what specific circumstances is it possible (him publishing the app, giving it to a third party etc.)?</p>
| 93,544 | [
{
"answer_id": 93545,
"body": "<p>You can’t <em>prevent</em> “theft” of your source code, but you can ensure that you can sue the “thief” for copyright infringement and receive damages, or force them to delete all copies of your source code.</p>\n<p>Now a license doesn’t do what you seem to think it does. C... | [
"software",
"licensing",
"theft",
"online-piracy"
] |
In United Kingdom what are consumer rights about online subscription | 4 | https://law.stackexchange.com/questions/76802/in-united-kingdom-what-are-consumer-rights-about-online-subscription | CC BY-SA 4.0 | <p>A few months ago I subscribed to an online service that monthly delivers goods (beers) to my home. I now want to cancel but they ask to call to do so.</p>
<p>I tried for a few days and of course, no one is ever available...</p>
<p>What are my rights? Can I just call my bank to stop the payment?</p>
| 76,802 | [
{
"answer_id": 80439,
"body": "<p>Assuming the question relates to a consumer as defined in the <a href=\"https://law.stackexchange.com/a/80427\">Consumer Rights Act 2015</a>.</p>\n<p>I quote from Janet O'Sullivan, <a href=\"https://global.oup.com/academic/product/osullivan-and-hilliards-the-law-of-contract... | [
"united-kingdom",
"consumer-protection"
] |
If a minor enters a contract without the other party knowing about the age, and then the minor breaks a term, is it fraud? | 9 | https://law.stackexchange.com/questions/93515/if-a-minor-enters-a-contract-without-the-other-party-knowing-about-the-age-and | CC BY-SA 4.0 | <p>A minor who signs a contract can void it at any time, which might cause damage to the other party. Let's consider this scenario:</p>
<p>A minor signs a contract with an adult online with neither party knowing each other's age. So the adult assumes that the contract is legally binding for both. The minor knows that the contract can be voided at any time, but doesn't tell the adult. In the contract, there is a confidentiality agreement which the minor breaks, such as giving out trade secrets to others. The adult decides to file a lawsuit but only then realizes that the contract was never truly valid.</p>
<p>In that case, will the minor face any charges? What can be done?</p>
| 93,515 | [
{
"answer_id": 93517,
"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> <a href=\"/questions/tagged/united-kingdom\... | [
"contract-law",
"minor",
"equity"
] |
Could any British statutes have remained in force as U.S. federal law after the American Revolution? | 3 | https://law.stackexchange.com/questions/93415/could-any-british-statutes-have-remained-in-force-as-u-s-federal-law-after-the | CC BY-SA 4.0 | <p>The question <a href="https://law.stackexchange.com/q/43524/765">Are any British or English Acts of Parliament still in force in the United States?</a> asked</p>
<blockquote>
<p>Are there any Acts of the British (or English Parliament) in force before American independence that remain in force either at a federal, state (or other) level in the United States?</p>
</blockquote>
<p>The existing answers to that question address state law, but not federal law, so I want to re-ask the question about federal law only.</p>
<p>Clearly, British laws against e.g. murder, theft, fraud, and most other crimes were received into state law because those matters are under the jurisdiction of the states. But there were also some British laws related to the enumerated powers of Congress, so perhaps they continued in force as US federal law, at least for a brief period of time until Congress repealed them?</p>
<p>For example, before Congress enacted the <a href="https://en.wikipedia.org/wiki/Naturalization_Act_of_1790" rel="nofollow noreferrer">Naturalization Act of 1790</a>, would a person born outside the US to a US citizen father have been a US citizen by dint of the US "inheriting" the <a href="https://en.wikipedia.org/wiki/British_Nationality_Act_1772" rel="nofollow noreferrer">British Nationality Act 1772</a> <em>mutatis mutandis</em>?</p>
<p>And before Congress enacted the <a href="https://en.wikipedia.org/wiki/Crimes_Act_of_1790" rel="nofollow noreferrer">Crimes Act of 1790</a>, would an American who levied war against the US, gave aid and comfort to its enemies, or counterfeited US currency have been convicted and sentenced under the <a href="https://en.wikipedia.org/wiki/Treason_Act_1351" rel="nofollow noreferrer">Treason Act 1351</a>?</p>
| 93,415 | [
{
"answer_id": 93424,
"body": "<blockquote>\n<p>Clearly, British laws against e.g. murder, theft, fraud, and most\nother crimes were received into state law because those matters are\nunder the jurisdiction of the states.</p>\n</blockquote>\n<p>States (and also to some extent federal criminal statutes) rece... | [
"united-states",
"common-law",
"legal-history"
] |
What if someone published program on invalid license and then fixed it? | 1 | https://law.stackexchange.com/questions/93333/what-if-someone-published-program-on-invalid-license-and-then-fixed-it | CC BY-SA 4.0 | <p>I saw repository on GitHub where someone had LICENSE file as below:</p>
<blockquote>
<p>Copyright year name</p>
<p>Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at <a href="http://www.apache.org/licenses/LICENSE-2.0" rel="nofollow noreferrer">http://www.apache.org/licenses/LICENSE-2.0</a></p>
<p>Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.</p>
</blockquote>
<p>I have read that Apache2.0 license must be copied into <code>LICENSE</code> file, and then the <code>NOTICE</code> file will contain exactly that what I showed above.</p>
<p>If the license was invalid at first time, then can someone say "your code at some moment wasn't licensed, so I created repo with your code and added copyright on my name"? And if license was fixed, then does still someone could do it, because "law is not retroactive"? If yes, what this poor man should do to have copyrights?</p>
| 93,333 | [
{
"answer_id": 93334,
"body": "<h2>It doesn't work like that!</h2>\n<p>If the code is not properly licensed, you can not acquire a license for it. If you don't have a license, you can not use it. Usage without a license is <strong>copyright infringement</strong> and not allowed: <strong>the copyright is wit... | [
"copyright",
"licensing",
"open-source-software"
] |
Can a bank force you to use their app in order to use their services under the PSD2? | 2 | https://law.stackexchange.com/questions/93537/can-a-bank-force-you-to-use-their-app-in-order-to-use-their-services-under-the-p | CC BY-SA 4.0 | <p>An online bank I am using (Qonto) contacted my recently by email to tell me that I will not be able to use my account from 5th July unless I install their app in my phone. They say it is mandatory for PSD2 compliance.</p>
<p>While I understand PSD2 may enforce security mechanisms, it surprises me that under the EU, an open standard is not promoted/enforced for banks (like One-Time-Password/OTP mechanisms).</p>
<p>Enforcing to use their app could be discriminatory since it assumes you can install it in your device (you may not have a compatible phone). Also, being a proprietary app, it could be used to track information about you that you do not want to share with your bank.</p>
<p>Can a European bank do this? Wouldn't PSD2 protect users from this somehow?</p>
| 93,537 | [
{
"answer_id": 93538,
"body": "<p>The PSD2 <a href=\"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32015L2366#d1e1374-35-1\" rel=\"nofollow noreferrer\">article 4(30)</a> defines multifactor authentication :</p>\n<blockquote>\n<p>‘strong customer authentication’ means an authentication based on ... | [
"european-union"
] |
In what sense is the City of London a "corporation"? | 2 | https://law.stackexchange.com/questions/93452/in-what-sense-is-the-city-of-london-a-corporation | CC BY-SA 4.0 | <p>According to its recently quoted annual report, legislation treats it "as a corporation". In what sense is this true and in which is it not true?</p>
| 93,452 | [
{
"answer_id": 93453,
"body": "<p>Although the word typically refers to a specific type of business entity, "corporation" simply means a group (or "body") of people or other entities that are collectively endowed with a status that treats them as though they were a single legal person th... | [
"united-kingdom",
"city-of-london",
"municipal-law"
] |
Why was the video evidence heavily debated in the Kyle Rittenhouse case? | 4 | https://law.stackexchange.com/questions/76992/why-was-the-video-evidence-heavily-debated-in-the-kyle-rittenhouse-case | CC BY-SA 4.0 | <p>During the Kyle Rittenhouse Trail, on days 6 and 8, questions were raised about the program used to enhance the video evidence. The program, Amped FIVE, was used for the drone footage. To do this, Amped FIVE employs interpolation algorithms. Because of this, a dispute broke out between the prosecution and defense. These debates ranged from what is an interpolation, to whether the program added colors. James Armstrong, the senior forensic imaging specialist responsible for producing these enhanced videos, was brought in the courtroom to explain the process. What followed was truly interesting.</p>
<p>My main concern was with how the defense went about justifying why the drone footage should not have been used. I admit I do not understand court procedures and several things had me scratching my head. I would like to preface this by saying I understand it is the job of the defense to protect Kyle Rittenhouse. However, I felt did not make the best case.</p>
<p>When questioned about the algorithm, on multiple occasions the defense would ask Mr. Armstrong how the interpolation worked. However, every time he was asked, he could only provide them with what kind of interpolation was used. He admitted that he did not understand how it was programmed. And why would he? Interpolation is an incredibly complex process that requires advanced mathematics and computer science. Not only that but, companies purposely do not disclose this information to prevent people from reverse-engineering their products. These questions could only be answered by a computer scientist or mathematician who worked on the program. So why wasn't one brought in? Also, because of his ignorance, wasn't a majority of the questioning a waste of time?</p>
<p>Another problem arose when the defense was trying to explain interpolation, they used an example that oversimplified the concept so much that it seemed to no longer make sense. The red, purple, and blue pixel example was very flawed in how it was presented. I believe the example wouldn't even work for the nearest neighbor because it would not have turned the pixels in the middle purple. Although this was a poor example, the judge used this as a basis for his understanding of interpolation which worked in the favor of the defense. Also, the defense kept trying to make Mr. Armstrong admit things he did not feel comfortable with because of his lack of knowledge. They asked the same question about adding colors repeatedly and he could never answer. And the language they use like "add" and "manipulate" implies that the enhanced footage was deceptively altered to give the prosecution an advantage. Because of this, they tried to argue that the video was unreliable. Ironically, the defense submitted evidence that was altered similarly.</p>
<p>Lastly, why was a peer-reviewed process using an industry-standard program not allowed to be used? I am aware that the judge said the burden of proof is on the prosecution but didn't they already prove that the footage was perfectly suitable for use in the trial? The prosecution asked Mr. Armstrong whether the procedures were acceptable for forensic imaging.</p>
<p>I guess to sum everything up, why wasn't this handled better by both the defense and prosecution. I felt like the discussion went nowhere and all parties were incredibly ignorant.</p>
<p><a href="https://i.stack.imgur.com/20xYv.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/20xYv.png" alt="enter image description here" /></a></p>
| 76,992 | [
{
"answer_id": 77002,
"body": "<p>The defense has an opportunity to question the witness the prosecution had called to provide foundation for the evidence, and in this case the defense's perspective is that the prosecution was trying to introduce evidence that they had improperly digitally manipulated. Par... | [
"united-states",
"evidence",
"trial"
] |
Does running your own limited liability company constitute employment? | -3 | https://law.stackexchange.com/questions/93499/does-running-your-own-limited-liability-company-constitute-employment | CC BY-SA 4.0 | <p>What exactly is "employment"? Does running my own limited liability company (GmbH or similar) constitute "employment"?</p>
<p>I am asking this because my (Swiss) employment contract (which I am about to sign) forbids "any other remunerated employment". Is it then OK to (at the same time) form a company and serve another client(s), provided that all the other clauses and ethical rules are met, e.g. I am not entering into direct competition, trading business secrets etc.?</p>
<p>Thank you</p>
<p><strong>UPDATE (1):</strong> OK thank you for your answers and hints so far. If we just remove this clause from the contract, would it then be OK to run a company and serve (for pay) other client(s) (provided that all the other clauses and ethical rules are met)? Or is this prohibited by default (where?), and hence must be explicitly allowed?</p>
<p><strong>UPDATE (2):</strong> the employment contract in question is part-time.</p>
| 93,499 | [
{
"answer_id": 93503,
"body": "<p>Your own limited company will at the very least have a company director (you) which is most likely employed.</p>\n",
"score": 1
},
{
"answer_id": 93506,
"body": "<p>Answer to updated question.</p>\n<p><a href=\"https://www.kmu.admin.ch/kmu/en/home/concrete-k... | [
"employment",
"corporate-law",
"limited-liability-company",
"switzerland",
"competition"
] |
What allows the Connecticut legislature to exonerate previous witch convictions? | 2 | https://law.stackexchange.com/questions/93502/what-allows-the-connecticut-legislature-to-exonerate-previous-witch-convictions | CC BY-SA 4.0 | <p>A number of news services have report on the Connecticut legislature voting to "exonerate" witch convictions from the 17th century. For example, <a href="https://www.wtnh.com/news/connecticut/connecticut-senates-passes-resolution-to-exonerate-witch-trial-victims/" rel="nofollow noreferrer">this article from wtnh.com news:</a></p>
<blockquote>
<p>With distant family members looking on, Connecticut senators voted Thursday to absolve the 12 women and men convicted of witchcraft — 11 of whom were executed — more than 370 years ago and apologize for the “miscarriage of justice” that occurred over a dark 15-year-period of the state’s colonial history.</p>
<p>The Senate voted 33-1 in favor of a resolution that officially proclaimed their innocence. ... Some of the descendants recently learned through genealogy testing that they were related to the accused witches and have since lobbied the state’s General Assembly to officially clear their names.</p>
</blockquote>
<p>I'm not familiar with the Connecticut constitution, but it seems that most states in the United States tend to follow the general format of the U.S. Consitution.</p>
<p>What part of the Connecticut constitution allows the legislature to do this? That would seem to violate separation of powers for the legislature to void a court decision. I can understand a pardon from the governor, since that tends to be an enumerated power. But the <em>legislature</em>?</p>
<p><a href="https://www.cga.ct.gov/asp/content/constitutions/ctconstitution.htm" rel="nofollow noreferrer">Article XVIII</a> of the Connecticut constitution mentions the separation of powers:</p>
<blockquote>
<p>The powers of government shall be divided into three distinct
departments, and each of them confided to a separate magistracy....</p>
</blockquote>
<p>And article FIVE section 1 says that "The powers and jurisdiction of these courts shall be defined by law." But from my lay person understanding, allowing the legislature to define the "powers and jurisdiction" <em>of the courts</em> wouldn't allow the legislature to grant the power to <em>themselves</em>.</p>
<p>It looks like the Connecticut constitution doesn't enumerate legislative powers the way the U.S. Constitution does. And that sort of makes sense since "police powers" are granted to the states, and their legislatures can pretty much do anything that they want, as long as it isn't specifically prohibited by the state or U.S. Constitution.</p>
<p>But since Article FIVE says specifically that "powers of government shall be <em>divided</em>..." [emphasis added], it seems to my lay-person reasoning that the legislature couldn't intrude into court decision unless specifically authorized elsewhere in the Connecticut constitution.</p>
<p>The news article linked above mentions "Because it’s a resolution, it does not require the governor’s signature." Does that mean it's all for show? That it doesn't truly exonerate the victims?</p>
| 93,502 | [
{
"answer_id": 93514,
"body": "<p>The <a href=\"https://legiscan.com/CT/bill/HJ00034/2023\" rel=\"noreferrer\">resolution in Connecticut</a> is a statement that has been agreed by the state's legislature, but is not a law. If it were, it would indeed need to be signed by the Governor, by virtue of Article 4... | [
"pardon",
"separation-of-powers"
] |
Testament valid / children disinherited GEORGIA | -1 | https://law.stackexchange.com/questions/93497/testament-valid-children-disinherited-georgia | CC BY-SA 4.0 | <p>following scenario:</p>
<p>A man lives and dies in Georgia.</p>
<p>He served in the army and was located for a specific time in Germany. While he was there he was in a relationship with a woman. She became pregnant. The man signed the acknowledgement of paternity while the woman was still pregnant. He left Germany some weeks before his child would be born. A few days / weeks after his return he married in the states.
He adopted the son of this fresh married wife and soon after the marriage she became pregnant with a girl.</p>
<p>So far as a background.</p>
<p>Now the man dies in the scenario. He created a testament will many years ago when his son in Germany was only a couple of years old.
In this testament and will he mentioned that he is married and that he has 2 children (the adopted one and the girl).</p>
<p>In a paragraph you can find this: "Except as otherwise provided in this my LAST WILL AND
TESTAMENT, I have intentionally anitted to provide herein for any other
relatives or for any other person, whether claiming to be an heir of
mine or not."</p>
<p>Questions:</p>
<ul>
<li>is the son from Germany disinherited by the sentence mentioned above?</li>
<li>As it is his son (he is named as father in the birth certificate) and he didn´t name him in the
testament and will: is this positive for the son to contest the will?</li>
<li>if the family of the man wants the son from Germany to sign the acknowledgment of service and the son refuses: what will happen next?</li>
</ul>
<p>Thank you!</p>
| 93,497 | [
{
"answer_id": 93500,
"body": "<p>Under Georgia inheritance law, when a person writes a will then, unless the will is proven invalid, the provisions of the will are followed. If a person dies without a will, then the laws of intestate succession apply, whereby potentially all children receive a share of the... | [
"real-estate",
"inheritance",
"probate",
"georgia"
] |
Can you be charged with employee theft after being fired? | 28 | https://law.stackexchange.com/questions/80897/can-you-be-charged-with-employee-theft-after-being-fired | CC BY-SA 4.0 | <p>Suppose that a person, A, was hired by an employer, B, and then got fired a week later. Suppose that B mailed A a laptop while A was employed by B. Once A had been fired, B emailed A asking for the laptop back and sent a box for it to be returned. Suppose that A was fired on Tuesday, got the email Wednesday, and was charged with theft (<a href="https://law.justia.com/codes/north-carolina/2005/chapter_14/gs_14-74.html" rel="nofollow noreferrer">GS 14-74</a>) on the following Monday. Suppose that B called the local police and made a complaint, and a warrant was issued for A's arrest on Tuesday. The laptop has already been mailed back by then.</p>
<p>Is such an arrest lawful? What options does A have?</p>
| 80,897 | [
{
"answer_id": 80913,
"body": "<p>If you are facing felony charges, you need to hire a criminal defense lawyer, not ask for legal advice on the Internet. Do not talk to the police without your lawyer present. <strong>Do not attempt to represent yourself in any kind of hearing.</strong> Ignore any advice b... | [
"united-states",
"theft",
"north-carolina",
"shipping"
] |
Do I need a licence to fly a drone in public? | 7 | https://law.stackexchange.com/questions/91404/do-i-need-a-licence-to-fly-a-drone-in-public | CC BY-SA 4.0 | <p>If I practice flying a drone in a public park not over gardens or using the camera for looking into windows do I need a licence?</p>
| 91,404 | [
{
"answer_id": 91407,
"body": "<p><a href=\"https://skykam.co.uk/uk-drone-laws/\" rel=\"nofollow noreferrer\">Skykam</a> has provided a summary of <a href=\"https://register-drones.caa.co.uk/drone-code\" rel=\"nofollow noreferrer\">UK regulations</a> for 2023:</p>\n<ol>\n<li>Drone operators must be at least... | [
"england-and-wales",
"licensing",
"drones"
] |
Whiteboards availability in High courts and Supreme courts of USA and UK | -3 | https://law.stackexchange.com/questions/93492/whiteboards-availability-in-high-courts-and-supreme-courts-of-usa-and-uk | CC BY-SA 4.0 | <p>Are Whiteboards available separately for the two lawyers in High courts and Supreme courts of USA and UK to explain their cases?</p>
<p>If No, Do you recommend to have Whiteboards in the courts?</p>
| 93,492 | [
{
"answer_id": 93494,
"body": "<h2><a href=\"https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1#:%7E:text=Typically%2C%20two%20cases%20are%20heard,spent%20answering%20the%20Justices%27%20questions.\" rel=\"nofollow noreferrer\">US Supr... | [
"united-states",
"united-kingdom",
"international",
"us-supreme-court",
"uk-supreme-court"
] |
Can questions of private investigator without Miranda warning be used in trial? | 1 | https://law.stackexchange.com/questions/88515/can-questions-of-private-investigator-without-miranda-warning-be-used-in-trial | CC BY-SA 4.0 | <p>I was watching the <a href="https://www.youtube.com/watch?v=KXfibK8tCtk&list=PLqOooBy2Rmn8ZH9jR90oGHU-EuI7iA121" rel="nofollow noreferrer">Hansen vs predator</a> series.</p>
<p>In there a random guy called Chris Hansen goes online and pretends to be a 13 years old girl.</p>
<p>When people chat with him, he tries to steer the discussion on a sexual level ("I'm just coming out of the shower", etc.).</p>
<p>Then he lures them into his house, where there is a real life decoy (a 19 years old girl).</p>
<p>After some talking, the decoy goes away and Chris Hansen appears.</p>
<p>He then starts to question them, and then he "let them go" out of the garage where the police arrests them.</p>
<p>They are charged with "criminal attempt to commit risk of injury to a minor".</p>
<p>My understanding is that Chris Hansen is a total random guy who does not work for the government. That is, he is not an undercover police agent.</p>
<p>Question: Can Chris Hansen's interrogation, carried out without Miranda warnings, be used against the suspect in a criminal trial?</p>
| 88,515 | [
{
"answer_id": 88516,
"body": "<h2>It's not an interrogation</h2>\n<p>Nothing makes Mr. Hansen a police investigator. He is a private person talking with another private person. His testimony or the recording of the interview might or might not be admissible in trial, that's for the court to decide. But Mir... | [
"united-states",
"criminal-procedure",
"interrogation",
"miranda-warning"
] |
Why is Chris Hansen not charged with criminal impersonation? | 4 | https://law.stackexchange.com/questions/88517/why-is-chris-hansen-not-charged-with-criminal-impersonation | CC BY-SA 4.0 | <p>I was watching an episode of the <a href="https://www.youtube.com/watch?v=KXfibK8tCtk&list=PLqOooBy2Rmn8ZH9jR90oGHU-EuI7iA121" rel="nofollow noreferrer">Hansen vs predator</a> series.</p>
<p>In the show, there is a random guy called Chris Hansen who goes online and pretends to be a 13-year-old girl. When people chat with him, he tries to steer the discussion towards a sexual level, such as saying "I'm just coming out of the shower", etc. He then lures them into his house, where there is a real-life decoy, a 19-year-old girl. After some talking, the decoy goes away and Chris Hansen appears. He then starts to question them and "lets them go" out of the garage, where the police then arrest them. They are charged with "criminal attempt to commit risk of injury to a minor".</p>
<p>My understanding is that Chris Hansen is a totally random guy who does not work for the government, meaning he is not an undercover police agent. The question is, why is Chris Hansen not charged with criminal impersonation? Chris Hansen operates in Fairfield, Connecticut.</p>
<p>In Connecticut criminal impersonation is defined as (<a href="https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/criminalimpersonation.pdf" rel="nofollow noreferrer">Conn. Gen. Stat. § 53a-130
(2021)</a>):</p>
<blockquote>
<p>(a) A person is guilty of criminal impersonation when such person:
(1) Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another;</p>
</blockquote>
<p>It appears to me that he is impersonating another person, a 13-year old little girl, and acting in this assumed character with the intent to obtain a benefit, namely the money from the subscribers of his show, and to injure another, namely making them go to jail.</p>
<blockquote>
<p>(5) with intent to defraud, deceive or injure another, uses an electronic device to impersonate another and such act results in personal injury or financial loss to another or the initiation of judicial proceedings against another.</p>
</blockquote>
<p>It looks to me he is impersonating another (a little girl of 13 years old), with intent to deceive him (have him think he is a 13-years old girl while he actually isn't), and such act results in the initiation of judicial proceedings against another (the charges against his victims).</p>
<p>Relevantly:</p>
<blockquote>
<p>(b) The provisions of subdivision (5) of subsection (a) of this section shall not apply to a law enforcement officer acting in the performance of his or her official duties.</p>
</blockquote>
<p>Seems not to apply since Chris Hansen is not a law enforcement officer.</p>
<p>Note: This is not a duplicate of <a href="https://law.stackexchange.com/questions/88515/can-questions-of-private-investigator-without-miranda-warning-be-used-in-trial">Can questions of private investigator without Miranda warning be used in trial?</a>. The facts of the case are the same, but the legal question being raised here (is Hansen committing a crime?) is very different to that question (is Hansen gathering useable evidence).</p>
| 88,517 | [
{
"answer_id": 88526,
"body": "<p>First Chris Hansen is likely not, in and of himself, posing as a 13 year old girl. These stings involve some dedicated volunteers posing as under aged minors on online chat forums accessible to the public. They are not looking for the suspects specifically and generally, ... | [
"united-states",
"criminal-law",
"criminal-procedure"
] |
Landlord bait-and-switch regarding having pet | 12 | https://law.stackexchange.com/questions/93488/landlord-bait-and-switch-regarding-having-pet | CC BY-SA 4.0 | <p>This question is based on a social media post of a presumably real situation someone I don't directly know is facing.</p>
<p>Suppose a landlord leases housing to a person, with a requirement in the lease to get a "dog permit" from the landlord to have a dog living in the place, and grants the permit at the time the lease is signed. Then, immediately after the person moves in, the landlord tells them the dog permit has been rescinded, with no prior communication or incident that would have caused a change in circumstances, and threatens the new tenant with eviction if they do not get rid of their pet immediately.</p>
<p>What legal recourse does someone have in such a situation? Are there US jurisdictions where this kind of behavior by the landlord is legal? The person who it happened to belongs to one or more classes likely to be discriminated against, so these antics may be "constructive" to deny housing where the real intent is unlawful discrimination; if so, does that change anything about how the law sees it and how to handle the situation?</p>
| 93,488 | [
{
"answer_id": 93490,
"body": "<p>It's hard to imagine a jurisdiction where this would be legal, assuming that the facts are as you present them. Mainly, it comes down to what the lease actually says. If the lease says something that implies that landlord permission is required, then the tenant has to get p... | [
"united-states",
"rental-property",
"tenant",
"residential-lease",
"rent"
] |
Can a judge vacate a conviction and then reinstate it? | 5 | https://law.stackexchange.com/questions/93483/can-a-judge-vacate-a-conviction-and-then-reinstate-it | CC BY-SA 4.0 | <p>In the TV series Waco:Aftermath, a jury convicts defendants of some crimes but acquits them of some others. Their lawyer argues that the convictions don’t make sense and the judge agrees to vacate them.</p>
<p>Right when the defendants are about to be released, the judge reinstates their convictions and sends them to prison. This is seemingly based on a random change of heart, and there is no new evidence/developments.</p>
<p>This is supposedly based on a true story, but can a judge really do that? Isn’t it a violation of double jeopardy?</p>
| 93,483 | [
{
"answer_id": 93485,
"body": "<p>Courts have inherent jurisdiction to reconsider/recall their own decisions. This rarely happens (especially if the decision has already been "sealed" i.e. issued in writing) but still possible. The principle of <a href=\"https://en.wikipedia.org/wiki/Finality_(law... | [
"united-states",
"law-in-fiction",
"double-jeopardy"
] |
What laws, if any, prevent a private individual from overthrowing or helping to overthrow another country´s government? | 0 | https://law.stackexchange.com/questions/93464/what-laws-if-any-prevent-a-private-individual-from-overthrowing-or-helping-to | CC BY-SA 4.0 | <p>Could be personally participating in the overthrow, financing it, sending them weapons otherwise purchased and shipped legally, giving them intelligence, cracking into their computer networks to shut down their telecommunications, etc.</p>
<p>That would be illegal in the target country of course. But is it illegal anywhere else? And does it matter if they say had a bunch of UN bodies declaring them to be basically outlaws by violating the UN Charter?</p>
| 93,464 | [
{
"answer_id": 93465,
"body": "<p><a href=\"https://www.law.cornell.edu/uscode/text/18/960\" rel=\"nofollow noreferrer\">18 USC 960</a> states that</p>\n<blockquote>\n<p>Whoever, within the United States, knowingly begins or sets on foot or\nprovides or prepares a means for or furnishes the money for, or ta... | [
"war"
] |
Is there anything in the US Constitution to prevent Georgia, USA to stop me from buying liquor before 12:30 based on religious grounds? | 0 | https://law.stackexchange.com/questions/93478/is-there-anything-in-the-us-constitution-to-prevent-georgia-usa-to-stop-me-from | CC BY-SA 4.0 | <p>I, an agnostic person, was perturbed just now being told I couldn’t buy wine, the only thing I came in to buy, at 11:30AM on a Sunday in Augusta Georgia, because the law prevents them (Walmart) from selling it before 12:30PM. I’m pretty sure this law is based on religious beliefs.</p>
<p>I don’t know much about law, but it just seems absurd to me that a religion’s beliefs were just allowed to affect my personal life, minding my own business, and to do so with legal backing.</p>
<p>I didn’t even choose to live here. I was ordered to live here through military service. Can someone explain whether or not this is a completely constitutional thing in the US? If so, what’s the most relevant court case about it?</p>
| 93,478 | [
{
"answer_id": 93479,
"body": "<p>No, given McGowan v. Maryland, 366 U.S. 420, Braunfeld v. Brown, 366 U.S. 599 and In Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U.S. 582.\nThe principle is that laws with religious origins are constitutional if they have a secular purpose. In <a href=\"https://... | [
"united-states",
"us-constitution",
"religion",
"georgia"
] |
Is it against the DMCA to use the recent implementation of the Windows XP's product activation algorithm if one has an XP licence? | 1 | https://law.stackexchange.com/questions/92725/is-it-against-the-dmca-to-use-the-recent-implementation-of-the-windows-xps-prod | CC BY-SA 4.0 | <p><a href="https://tinyapps.org/blog/202304230700_xp_wpa.html" rel="nofollow noreferrer">The Windows XP's product activation encryption algorithm</a> has recently been "cracked", and a software implementation that emulates the telephone activation question / response procedure is available. This technically allows one to activate new XP installations, safely and securely, without a crack, offline even though Microsoft has turned off all the activation servers.</p>
<p>This is particularly relevant for those with older scientific equipment that relies on an XP computer. I think these would usually be sold with quite permissive licences, allowing one to change the computer freely and reinstall Windows XP. However it would appear that using this software could be "circumventing a technological measure or access control technology", and therefore illegal in the US.</p>
<p>Is this a reasonable interpretation of the law? Is there some exception that would apply in this case? Is there a way to utilise this application legally in such a situation?</p>
| 92,725 | [
{
"answer_id": 92728,
"body": "<p>The DMCA applies if the item being copied is protected by some mechanism that prevents copying.</p>\n<p>Just because that mechanism isn't very strong, doesn't mean DMCA doesn't apply. For example, there is a mechanism designed in the 1980s to prevent DVDs from being copied.... | [
"united-states",
"software",
"dmca"
] |
Is it legal to profit from an open source software | 3 | https://law.stackexchange.com/questions/13618/is-it-legal-to-profit-from-an-open-source-software | CC BY-SA 3.0 | <p>I am planning on making a service that uses a modified open source software. Would it be legal for me to profit from it? I am not sure what information would be relevant to this so if I have missed some relevant info, please tell me what additional information is required to determine this.</p>
| 13,618 | [
{
"answer_id": 13678,
"body": "<p>Generally yes. The concept of 'free software' is almost identical Open Source, and one of the four fundamental freedoms is the freedom to run the software for any purpose. That includes seeking profit.</p>\n",
"score": 2
},
{
"answer_id": 56884,
"body": "<p>... | [
"open-source-software"
] |
Are unreasonable late fees prosecuted as usury? | 0 | https://law.stackexchange.com/questions/93469/are-unreasonable-late-fees-prosecuted-as-usury | CC BY-SA 4.0 | <p>As I understand the term usury: it is the action or practice of <strong>lending money</strong> at unreasonably high rates of interest.</p>
<p>Are unreasonable <strong>late fees</strong> prosecuted as usury? Is there mother term?</p>
<p>If a concrete example is needed for an answer: assume a Florida commercial lease / rent with a late fee of 1% per day.</p>
| 93,469 | [
{
"answer_id": 93470,
"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... | [
"rental-property",
"florida"
] |
A representative guides one through the signing of a contract; e.g. internet services. What empowers them to do this? What are they, legally? | 3 | https://law.stackexchange.com/questions/93446/a-representative-guides-one-through-the-signing-of-a-contract-e-g-internet-ser | CC BY-SA 4.0 | <p>I'm looking for some legal terms and concepts related to the empowerment of a representative to guide someone through the signing of a contract. Is there a legal concept for such a person? Specifically, in the case of, e.g., whoever answers one's call in a cellphone company one wants to make a contract with, the representative isn't allowed to, for example, change the adhesion contract, but they do seem empowered to represent the company in the signing of the contract. So it seems to me that they are some sort of representative, but maybe they are legally something less than a "full" representative of the company. What is such a person, legally?</p>
| 93,446 | [
{
"answer_id": 93450,
"body": "<h2>An <a href=\"https://en.wikipedia.org/wiki/Law_of_agency\" rel=\"noreferrer\">agent</a></h2>\n<blockquote>\n<p>a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party.</p>\n</blockquote>... | [
"contract-law",
"adhesion-contracts"
] |
Russian army refuses to demobilize a conscript on demobilization day? | 2 | https://law.stackexchange.com/questions/93441/russian-army-refuses-to-demobilize-a-conscript-on-demobilization-day | CC BY-SA 4.0 | <p>Suppose someone joined the Russian army as a conscript in Rostov-on-Don. But on their demobilization day, they are told they will not be demobilized and instead will be held "until further notice" ("до особого распоряжения"). Is there a legal basis for this action, and are there legal avenues to appeal it?</p>
| 93,441 | [
{
"answer_id": 93471,
"body": "<p>As many Western analysts see it, Russia does not have the <strong>rule of law</strong>, it is an autocracy which makes use of the legal system to enforce the will of the central government. That is, in any important lawsuit the outcome is not determined by judges looking at... | [
"military",
"russia"
] |
Why can’t I take the Uber/Lyft/etc Electric Scooters? | -1 | https://law.stackexchange.com/questions/93459/why-can-t-i-take-the-uber-lyft-etc-electric-scooters | CC BY-SA 4.0 | <p><strong>NOTE: This is a hypothetical question I came up with while walking around. I’m not planning on taking scooters.</strong></p>
<p>In many major US cities, i.e. DC, Philly, NYC, companies will place electric scooters out on the sidewalk. These scooters must be “unlocked” with an app on your phone, which cost a rental fee, to be used. The scooters are typically branded with the companies, information, and if you were to pick one up and walk away with it without unlocking them, they start beeping.</p>
<p>In the US, if someone places a couch out on the sidewalk, it’s well known that this couch is up for grabs before the trash truck comes. That is, anyone can come and take the couch for free. What is the difference between me taking this couch and one of the electric scooters?</p>
<p>If I were to take a couch left on the side of the road, and reupholster it, there’s no problem. Can I take an electric scooter, reflash the firmware so I can use it without paying, and spray paint it?</p>
| 93,459 | [
{
"answer_id": 93460,
"body": "<p>The premise about couches is true in terms of popular beliefs, but false in terms of law. Taking the property of another person without permission, with the intention to keep it, is theft. However, taking it with permission is allowed. W.r.t. a couch, your belief works beca... | [
"united-states",
"theft"
] |
Is income from youtube considered as freelance income? | -4 | https://law.stackexchange.com/questions/93398/is-income-from-youtube-considered-as-freelance-income | CC BY-SA 4.0 | <p><a href="https://law.stackexchange.com/questions/73719/is-it-legal-to-earn-money-from-youtube-as-a-bluecard-holder-in-germany">Tangentially related</a>. I ask ebecause I know in general freelance work is not taxed, so does youtube income count as freelance income?</p>
<p><a href="https://law.stackexchange.com/questions/27038/is-it-permitted-to-work-as-a-freelancer-on-upwork-while-studying-in-germany">Related</a>, and <a href="https://law.stackexchange.com/questions/27038/is-it-permitted-to-work-as-a-freelancer-on-upwork-while-studying-in-germany">also this</a></p>
| 93,398 | [
{
"answer_id": 93412,
"body": "<h2>I know in general freelance work is not taxed</h2>\n<p><strong>Your “knowledge” is wrong.</strong></p>\n<p>In general, <strong>all</strong> income is taxed.</p>\n<p>Some jurisdictions may exempt certain income derived from hobbies that are not businesses but this is by no ... | [
"germany"
] |
Would Ukraine have legal grounds to declare war on Belarus as well? | 1 | https://law.stackexchange.com/questions/93448/would-ukraine-have-legal-grounds-to-declare-war-on-belarus-as-well | CC BY-SA 4.0 | <p>Given the vulnerability in the Russian command and control system right now, some people are thinking that Ukraine should depose Lukashenko as well.</p>
<p>Regardless of whether this would be a good idea or not, would Ukraine have a legal right to do this? I am pretty sure they would given the armed attacks from Belarussian territory and which is being directly aided by the Belarussian military, Article 51 of the UN Charter would protect self defense.</p>
| 93,448 | [
{
"answer_id": 93456,
"body": "<p>I think Ukraine's legal grounds to run a <em>special military operation</em> to depose Lukashenko would have the same validity (if any) as Russia's grounds to do the same to depose Zelenskyy.</p>\n<p>I'm not aware of "turnabout is fair play" being codified anywher... | [
"united-nations-charter",
"war"
] |
Does the private component of the City of London Corporation pay any tax on its financial activities? | -2 | https://law.stackexchange.com/questions/93430/does-the-private-component-of-the-city-of-london-corporation-pay-any-tax-on-its | CC BY-SA 4.0 | <p>I'm referring to the privately run functions of the <a href="https://en.wikipedia.org/wiki/City_of_London_Corporation" rel="nofollow noreferrer">City of London Corporation</a> that are exempt from public authority provisions such as the Freedom of Information Act.</p>
| 93,430 | [
{
"answer_id": 93443,
"body": "<p><a href=\"https://www.cityoflondon.gov.uk/assets/about-us/budget-and-spending/city-cash-accounts-2021-22.pdf\" rel=\"nofollow noreferrer\">CITY’S CASH\nANNUAL REPORT AND FINANCIAL STATEMENTS\nFOR THE YEAR ENDED 31 MARCH 2022</a></p>\n<blockquote>\n<p>The City of London Corp... | [
"united-kingdom",
"corporate-tax-laws",
"city-of-london"
] |
Does the Sale of Goods Act continue to be applicable to second-hand items bought from private individuals rather than professional traders in 2023? | 0 | https://law.stackexchange.com/questions/93451/does-the-sale-of-goods-act-continue-to-be-applicable-to-second-hand-items-bought | CC BY-SA 4.0 | <p>I have been told that the Consumer Rights Act 2015 only supersedes the Sale of Goods Act 1979 for second-hand items bought from companies, and not ones bought from individuals. Is this correct?</p>
| 93,451 | [
{
"answer_id": 93454,
"body": "<p>The Consumer Rights Act 2015 does not apply to goods other than those <a href=\"https://www.legislation.gov.uk/ukpga/2015/15/section/3\" rel=\"nofollow noreferrer\">sold by a trader to a consumer</a>.</p>\n<p>Almost always (as demonstrated in <a href=\"https://law.stackexch... | [
"england-and-wales",
"sale-of-goods"
] |
Is there a legal definition or meaning for "support the Constitution"? | 5 | https://law.stackexchange.com/questions/93397/is-there-a-legal-definition-or-meaning-for-support-the-constitution | CC BY-SA 4.0 | <p>This question is not specific to Florida which is only provided as an example.</p>
<p>Florida Statute <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0099/Sections/0099.021.html" rel="nofollow noreferrer">99.021</a> requires an "oath or affirmation":</p>
<p><em>For state elective offices</em>:</p>
<blockquote>
<p>... that he or she will support the Constitution of the United States and the Constitution of the State of Florida.</p>
</blockquote>
<p><em>For federal elective offices</em>:</p>
<blockquote>
<p>... that he or she will support the Constitution of the United States.</p>
</blockquote>
<p>Thus, it would appear that if such an individual had voted for a law that was subsequently found to be unconstitutional, that individual would have violated their obligation to "support the Constitution". In Florida, that <em>may be</em> considered a third-degree felony, depending on the the meaning of the phrase.</p>
<p>Florida Statute <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0104/Sections/0104.011.html" rel="nofollow noreferrer">104.011</a> regarding "false swearing":</p>
<blockquote>
<p>(1) A person who willfully swears or affirms falsely to any oath or affirmation, or [...], in connection with or arising out of voting or elections commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.</p>
</blockquote>
<p>Admittedly, the use of "willfully" and "falsely" may limit the use of the statute to, for example, "single-issue" candidates who don't care what it means to "support the Constitution" and only want to enact a law without regard to the applicable Constitution.</p>
<p>Is there a legal definition or meaning for "support the Constitution"?</p>
| 93,397 | [
{
"answer_id": 93437,
"body": "<p>An oath of office cannot be legally enforced through the courts, other than to demand that officials take it in order to take office, and to bar people who have taken it and then engaged in treason or sedition from holding public office in any federal, state, or local offic... | [
"united-states",
"us-constitution",
"definition"
] |
Contractual capacity of minors | 1 | https://law.stackexchange.com/questions/93445/contractual-capacity-of-minors | CC BY-SA 4.0 | <p>In Germany, we have a law that limits contractual capacity of minors: <em>"A contract concluded by the minor without the approval of the legal representative is deemed effective from the outset if the minor effects performance under the contract with means that were made available to the minor for this purpose or for the minor’s free disposition by the legal representative or by a third party with the representative’s approval."</em> (§ 110 German Civil Code). The "means made available to the minor" could e.g. be pocket money. This leads to the situation that minors may not acquire goods that are more expensive than a monthly average sum of pocket money for a certain age (e.g. a 13-year-old receives on average about 26 € per month). In effect, a seller could refuse to sell the good to the minor and would want the minor to bring his parents to buy the good with their consent.</p>
<p>My question: does something like that exist in the USA as well? What if a minor wants to buy e.g. a Playstation 5 without his parents? Will he be able to buy it?</p>
<p>Thanks in advance for helpful responses.</p>
| 93,445 | [
{
"answer_id": 93447,
"body": "<h2>In common law jurisdictions, contracts with minors are voidable unless they are for necessities</h2>\n<p>That means an adult who enters a contract with a child is legally bound. A child that enters a contract is bound for as long as they choose to be (until they turn 18 an... | [
"contract-law",
"minor"
] |
Is it true that electrically assisted pedal cycles must be limited to 6mph if operating with twist throttles? | -2 | https://law.stackexchange.com/questions/93444/is-it-true-that-electrically-assisted-pedal-cycles-must-be-limited-to-6mph-if-op | CC BY-SA 4.0 | <p>What provision or instrument requires this, if so?</p>
| 93,444 | [
{
"answer_id": 93449,
"body": "<p>This isn't true. In order to not be treated as a motor vehicle, "twist and goes" must be capable of pedal operation and must not provide electrical assistance above 15.5 mph.</p>\n<p><a href=\"https://www.gov.uk/government/publications/electrically-assisted-pedal-... | [
"england-and-wales",
"traffic"
] |
To what extent can an employer require their employees to be experts at a trial? | 5 | https://law.stackexchange.com/questions/93422/to-what-extent-can-an-employer-require-their-employees-to-be-experts-at-a-trial | CC BY-SA 4.0 | <p>Say a company is facing a trial and the court requires</p>
<ul>
<li>(version 1) the company</li>
<li>(version 2) someone with expertise from the company</li>
</ul>
<p>to provide a sworn opinion (something like <em>"the process to do X is Y"</em>), and answer questions in court.</p>
<p>To what extent can a company formally require a generic employee to do that? To fix an idea, let's say that this is a computer-related data processing process that interests the court, and the person who can talk about it is an IT engineer.</p>
<p>The scope is ideally <a href="/questions/tagged/europe" class="post-tag" title="show questions tagged 'europe'" aria-label="show questions tagged 'europe'" rel="tag" aria-labelledby="tag-europe-tooltip-container">europe</a> (a wide scope, but the labour law is usually similar) and <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>
| 93,422 | [
{
"answer_id": 93423,
"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<p>... | [
"united-states",
"european-union",
"court",
"employer",
"employee"
] |
What is the legal basis for making servers pay for customers who walk out? | 13 | https://law.stackexchange.com/questions/93436/what-is-the-legal-basis-for-making-servers-pay-for-customers-who-walk-out | CC BY-SA 4.0 | <p>In the US, different states have different laws regarding customers who leave without paying the bill, aka "Dine and Dash."</p>
<p>Some states allow for a restaurant to dock a server's pay, when a customer leaves without paying. However, I dont understand how a server is responsible for the actions of a customer. I cant think of any reason why a server would be considered negligent or how they would be in any way responsible for a customer walking out while they were doing their job, like paying attention to different customers, getting food, or any of the many other reasons the server would not be watching their customers.</p>
<p>So I am asking, what is the legal basis for a law allowing restaurants to make servers pay for dine and dashers?</p>
| 93,436 | [
{
"answer_id": 93440,
"body": "<p>Unless it is prohibited by law in some state (such as California), a server's employment contract can have a clause holding the server responsible for an unpaid tab. Even in lieu of such a clause, since in most states employment is at-will, the employee can be fired if they... | [
"united-states",
"restaurants"
] |
Discovery of Evidence - Context, Significance and Meaning? | 5 | https://law.stackexchange.com/questions/93386/discovery-of-evidence-context-significance-and-meaning | CC BY-SA 4.0 | <p>(In US criminal proceedings) The Prosecution must provide all evidence against the Defendant to the Defense before the trial begins in the "Discovery process".</p>
<p>Is the Prosecution also required to <em><strong>explain</strong></em> the evidence and describe how they intend to use it?</p>
<p>For example, could they provide a big listing of cell-phone records and tower pings without detailing the significance of the records? Or must they also outline to the Defense how the cell phone data demonstrates the defendant's planning and movements before the alleged crime?</p>
<p>What if the meaning and significance of the evidence for the Prosecution evolves due to the Defense strategy?<br>Can the prosecution change their interpretation of the evidence without violating discovery rules?</p>
| 93,386 | [
{
"answer_id": 93387,
"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 Crown's duty to disclose all ma... | [
"united-states",
"evidence",
"criminal-procedure",
"discovery"
] |
Could a child on a bike get a speeding ticket? | 3 | https://law.stackexchange.com/questions/93427/could-a-child-on-a-bike-get-a-speeding-ticket | CC BY-SA 4.0 | <p>Can a child who is younger than sixteen, and who is below an age at which they could hold a driver's license, be ticketed for exceeding the posted speed limit on a road on a (non-motorized) bicycle?</p>
| 93,427 | [
{
"answer_id": 93428,
"body": "<p>It depends on the laws of the jurisdiction. In Washington, speed limits are implemented via <a href=\"https://apps.leg.wa.gov/rcw/default.aspx?cite=46.61&full=true\" rel=\"nofollow noreferrer\">Chapter 46.61 RCW</a>, the very first section of which states:</p>\n<blockqu... | [
"traffic",
"texas",
"minor",
"speeding"
] |
Can I refuse to provide detailed medical history to day camp? | 10 | https://law.stackexchange.com/questions/93188/can-i-refuse-to-provide-detailed-medical-history-to-day-camp | CC BY-SA 4.0 | <p>I'm a leader in a church-sponsored children's group. We're going to attend a half-day "day camp" run by Boy Scouts of America. The activities will include short hikes, archery, bb guns, and paddling in a shallow pond. The camp is requesting from me (as a leader) a <em>detailed medical history</em>, including all past surgeries, all diagnoses, and full medication list.</p>
<p>This is more personal information than I would like to provide and allow them to store. If I refuse to provide such detailed information, and rather state that I'm physically able to perform my role as a leader, does privacy law protect me from being turned away?</p>
<p>For example, and employer can't ask an applicant for a list of disabilities, list of illnesses/operations, or medical history. But they can <em>ask if an interviewee is able to perform the essential functions of the job, or to undergo a medical exam</em> after a job is offered. (Source: University of New England, <a href="https://www.une.edu/sites/default/files/legal_interview_questions.pdf" rel="noreferrer">https://www.une.edu/sites/default/files/legal_interview_questions.pdf</a>)</p>
<p>Notes:</p>
<ul>
<li><p>I've recently done activities which involved much more risk--whitewater rafting and sea kayaking. The touring companies I went through didn't ask for nearly as much medical info.</p>
</li>
<li><p>I've searched a bit through HIPAA explanations, and the closest example I've found has to do with employers requesting records. If I understand correctly, an employer has a right to require medical records if they feel they might need to make an ADA accommodation, or if job safety might be endangered.</p>
</li>
</ul>
| 93,188 | [
{
"answer_id": 93189,
"body": "<p>You generally are not required to share your medical details with people you don't want to. That said, the camp would also not be required to allow people who don't comply to enroll. They can't force you to divulge your information, but you can't force them to let you come ... | [
"privacy",
"medical",
"utah"
] |
Can the corporation that I work for (I am not salary or a subcontractor) use my personal information & home address for business and billing purposes? | 4 | https://law.stackexchange.com/questions/92619/can-the-corporation-that-i-work-for-i-am-not-salary-or-a-subcontractor-use-my | CC BY-SA 4.0 | <p>I have a corporate credit card that is utilized for business purposes at the location I work, which is not where corporate headquarters is.</p>
<p>Today the business/ billing address was changed by the corporation I work for to my PERSONAL HOME ADDRESS WITHOUT my permission! I was notified via email by the credit card company about the change.
I have messaged the credit card not giving permission to do that and I am restricted from changing it on my own.</p>
<p>I do not work from home. I do not utilize a corporate credit card for purchases or deliveries to my home. My employer does not operate out of my home address.</p>
<ol>
<li>Can my employer do that?</li>
<li>How do I stop this immediately?</li>
</ol>
| 92,619 | [
{
"answer_id": 92681,
"body": "<p>It may depend on the structure of your company's arrangement with the credit card company, as well. I am familiar with at least one setup where each cardholder is issued a card <strong>in their own name</strong> to be used as a charge card, pending reimbursement from centra... | [
"corporate-law",
"personal-information"
] |
What are my rights as an apartment tenant if I have no active lease agreement, in terms of rent amount and move out procedure? | 2 | https://law.stackexchange.com/questions/93416/what-are-my-rights-as-an-apartment-tenant-if-i-have-no-active-lease-agreement-i | CC BY-SA 4.0 | <p>(In Tennessee, as the tag indicates)</p>
<p>My previous 12 month lease expired May 30th, 2023. Shortly before my lease expired, my previous landlord suddenly sold the apartment complex to another landlord, and notified us in an email to now contact the new landlord under an email address provided. I sent a message to that email asking about the previously agreed upon new lease agreement details I had with my last landlord, to which I never got a reply to.</p>
<p>The new managers/owners were clearly struggling to get everything up and running, and they seemingly forgot about my lease renewal in the process (previous landlord emailed me lease renewals, these new people didn't even text/call/email me). They posted a late rent notice on my door on June 6th. I walked to the front office with the notice and told the manager I didn't even have a lease agreement with them but was still living in my unit. She tried to get my new online portal set up but couldn't. 3 weeks later, they finally get my online portal set up and are now charging me my previous lease agreement's rent/fees though I have not seen nor signed any lease agreement with them.</p>
<p>If they decide to increase my rent/fees, do I have the right to say no and move out? I believe I'm still obligated to give them a 30 or 60 day move out notice, but would I be required to pay them something like an additional 3 months rent as an "early move out" fee? That was a stipulation in my previous (now expired) rent agreement.</p>
<p>Thank you all in advance for the help!</p>
| 93,416 | [
{
"answer_id": 93425,
"body": "<p>There are two distinct questions here.</p>\n<p>One is what happens when a lease expires and you don't vacate and the landlord doesn't try to evict you. Generally, in the absence of holdover tenant provisions expressly in the existing lease, the lease becomes a month to mont... | [
"tenant",
"lease",
"tennessee"
] |
What regulations have been made under S2 Housing Act 2004? | 1 | https://law.stackexchange.com/questions/93391/what-regulations-have-been-made-under-s2-housing-act-2004 | CC BY-SA 4.0 | <p>The Secretary of State is thereunder to make regulations prescribing categories of housing hazards. Where are these to be found?</p>
| 93,391 | [
{
"answer_id": 93406,
"body": "<p><a href=\"https://www.legislation.gov.uk/ukpga/2004/34/section/2?timeline=false\" rel=\"nofollow noreferrer\">Section 2</a> Housing Act 2004 states:</p>\n<blockquote>\n<p>Meaning of “category 1 hazard” and “category 2 hazard”</p>\n<p>(1) In this Act—</p>\n<ul>\n<li><p>“cate... | [
"england-and-wales",
"landlord",
"regulations"
] |
Do Swiss banks have the right to demand seeing a visa for a foreign country? | 0 | https://law.stackexchange.com/questions/93408/do-swiss-banks-have-the-right-to-demand-seeing-a-visa-for-a-foreign-country | CC BY-SA 4.0 | <p>A friend who is a Swiss citizen and resident of Switzerland has a checking account with a Swiss bank. Because of a stay in the US, he was asked to file a "Status Declaration Form for Individuals" confirming that he is not a US resident.
In addition to many more documents including tax returns, the bank asks to see his US visa.</p>
<p>Does a Swiss bank have the legal right to request seeing a visa for a foreign country, and if so under which paragraph of which law?</p>
| 93,408 | [
{
"answer_id": 93414,
"body": "<h2>Yes</h2>\n<p>The relevant Swiss law is known as the <a href=\"https://www.sif.admin.ch/sif/en/home/bilateral-relations/countries/united-states-america/fatca-agreement.html\" rel=\"nofollow noreferrer\">FATCA Agreement</a> and has been in force since 30/6/2014. FATCA stands... | [
"banking",
"switzerland"
] |
when uploading videos to tiktok/youtube, as oringal content creators what copyright do we transfer to the platform, what is left to the creators? | 2 | https://law.stackexchange.com/questions/93418/when-uploading-videos-to-tiktok-youtube-as-oringal-content-creators-what-copyri | CC BY-SA 4.0 | <p>when uploading videos to tiktok/youtube, as original content creators what copyright do we transfer to the platform, what is left to the creators?</p>
<p>where can we learn more those "laws" on their platforms? Do we have any laws that transfer ownership completely, meaning that as soon as we use the platforms to upload content we agree to transfer the owner?</p>
| 93,418 | [
{
"answer_id": 93421,
"body": "<blockquote>\n<p>when uploading videos to tiktok/youtube, as original content creators what copyright do we transfer to the platform, what is left to the creators?</p>\n</blockquote>\n<p>Most of these platforms provide that the creator retains all copyright but grants the plat... | [
"united-states",
"ownership",
"data-ownership",
"copyright-transfer"
] |
Prosecutor Disqualified for False Statements | 1 | https://law.stackexchange.com/questions/93403/prosecutor-disqualified-for-false-statements | CC BY-SA 4.0 | <p>I am looking for specific cases where a prosecutor was disqualified for making false statements or violated professional conduct rules.</p>
<p>I have seen cases where they were disqualified for conflicts.</p>
| 93,403 | [
{
"answer_id": 93404,
"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... | [
"professional-ethics",
"prosecution"
] |
Water rights - Navajo Nation v. United States | 5 | https://law.stackexchange.com/questions/93405/water-rights-navajo-nation-v-united-states | CC BY-SA 4.0 | <p>I am trying to understand the context behind the recent <a href="https://www.supremecourt.gov/opinions/22pdf/21-1484_aplc.pdf" rel="nofollow noreferrer">SCOTUS decision</a> against the Navajo Nation.</p>
<p>It seems like the US, as a trustee, has an equitable duty to perform a Water Rights Accounting, and to seek a court's approval of such an accounting, to which the Navajo Nation could file exceptions.</p>
<p>Does anyone know a Water Rights Accounting has happened in for the Navajo Reservation?</p>
<p>Is the supreme court saying that the duty to account is not an affirmative duty?</p>
<p>Updated:</p>
<p>After researching the 1868 Navajo treaty, it seems the agreement was made under threat of extreme military force by the US, and agreed to by natives who mostly lacked the capacity to sign their names. Ouch!</p>
<p>According to Wikipedia, the Indian Appropriations Act of 1871 contained an amendment ending tribal recognition and the treaty system. All Indians were made wards of the state; thus the U.S. government no longer needed tribal consent in dealing with the tribes.</p>
<p>In other words, to hell with the rule of law, the U.S. Congress we can do whatever they want. in "Indian Country".</p>
| 93,405 | [
{
"answer_id": 93413,
"body": "<h2>The US role as trustee is limited by the treaty</h2>\n<blockquote>\n<p>The Federal Government owes judicially enforceable duties to a tribe “only to the extent it expressly accepts those responsibilities.”</p>\n</blockquote>\n<blockquote>\n<p>To be sure, this Court’s prece... | [
"us-supreme-court",
"water"
] |
Is there a good reason for the IRS to seize ATF 4473 Forms? | 7 | https://law.stackexchange.com/questions/93393/is-there-a-good-reason-for-the-irs-to-seize-atf-4473-forms | CC BY-SA 4.0 | <p>I recently had someone angrily bring up on Facebook the <a href="https://www.krtv.com/news/great-falls-news/great-falls-gun-shop-re-opens-after-a-visit-from-federal-agents" rel="noreferrer">IRS raid of Highwood Creek Outfitters on June 14th, 2023</a> where they apparently seized several years of <a href="https://www.atf.gov/firearms/atf-form-4473-firearms-transaction-record-revisions" rel="noreferrer">ATF 4473 forms</a>, forms used to document gun ownership transfer. I'm having difficulty finding many unbiased records of the situation, since the majority of posts are people who are front and center that they believe this was a massive overstep by the government and the first step to forcing a gun registry, particularly since said forms were not on the items to be seized in the warrant.</p>
<p>Leaving aside such allegations, a recurring theme in articles has been people posting that there is no business need for the IRS to capture such forms. To me, a layman, it seems like it's relevant to tracking sales, particularly to determine if there might have been under-the-table sales (which, of course, would likely have tried to avoid official notice by not filing a transfer form), but I'm not an expert in the field.</p>
<p>Is there a good reason for the IRS to have seized these forms?</p>
<p><a href="https://www.breitbart.com/2nd-amendment/2023/06/17/montana-ag-sounds-alarm-armed-irs-agents-rounding-up-gun-purchase-records/" rel="noreferrer">Reference for the Attorney General Austin Knudsen stating that the warrant did not include those records</a>:</p>
<blockquote>
<p>“I spoke with the shop owner who told me that 20 heavily armed IRS agents from multiple states in our region served a warrant before his business opened. They took dozens of boxes full of 4473s — more than a decade’s worth. This is extremely concerning because it seemingly exceeds the search warrant which limited the scope of the search to financial records. These aren’t financial records, they’re records of lawful firearm purchases. What the hell does the IRS need with 4473s? We know the ATF in Washington, DC is trying to scoop up as many of these purchase records as possible, and that’s what it looks like they’re trying to do here.”</p>
</blockquote>
<p>And I've seen a few posted images of a tweet by Rep. Rosendale calling out the forms not being "financial data", although it looks like he's removed it from his profile, if the image wasn't fabricated to start:</p>
<p><a href="https://i.stack.imgur.com/G4lqWm.jpg" rel="noreferrer"><img src="https://i.stack.imgur.com/G4lqWm.jpg" alt="Tweet by Rep. Rosendale" /></a></p>
<blockquote>
<p>I met with Tom Vanhoose this morning after 20 armed IRS agents raided his store in Great Falls earlier this week.</p>
<p>Tom informed me that these agents confiscated all the 4473 forms, none of which contain any financial information; instead, the IRS now has access to these forms… twitter.com/i/web/status/1…</p>
</blockquote>
| 93,393 | [
{
"answer_id": 93409,
"body": "<p>There are several federal excise taxes on firearms. The main ones are (dispensing with the fine definitional details and Internal Revenue Code citations):</p>\n<ul>\n<li><p>A tax on transfers of firearms of $5 per concealable firearm and $200 per firearm on certain other fi... | [
"united-states",
"tax-law"
] |
Is a company bound by a contract signed by a person disqualified from managing companies? | 2 | https://law.stackexchange.com/questions/93394/is-a-company-bound-by-a-contract-signed-by-a-person-disqualified-from-managing-c | CC BY-SA 4.0 | <p><a href="https://www.austlii.edu.au/au/legis/cth/num_act/ca2001172/s206b.html" rel="nofollow noreferrer">Section 206B</a> of the Australian <em>Corporations Act</em> provides that a person is automatically disqualified from managing corporations if convicted of certain offences or made bankrupt.</p>
<p><a href="https://www.austlii.edu.au/au/legis/cth/num_act/ca2001172/s206a.html" rel="nofollow noreferrer">Section 206A</a> provides that a person who is disqualified from managing corporations commits an offence if they act as a "shadow director," that is:</p>
<blockquote>
<p>(a) they make, or participate in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or</p>
<p>(b) they exercise the capacity to affect significantly the corporation's financial standing; or</p>
<p>(c) they communicate instructions or wishes … to the directors of the corporation … knowing [or intending] that the directors are accustomed to [or will] act in accordance with the person's instructions or wishes.</p>
</blockquote>
<p>It is a basic principle that the courts will not enforce an illegal contract. Lord Mansfield CJ held in <a href="https://en.wikipedia.org/wiki/Holman_v_Johnson" rel="nofollow noreferrer"><em>Holman v Johnson</em></a> (1775) 1 Cowp 341:</p>
<blockquote>
<p>The principle of public policy is this; <em>ex dolo malo non oritur actio</em>. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise <em>ex turpi causa</em>, or the transgression of a positive law of this country, there the court says he has no right to be assisted.</p>
</blockquote>
<p>Suppose that A continues to manage company B while disqualified, by arranging for (and signing on behalf of) B to borrow money from C. If C sues B to recover the loan, can B argue that it is not bound by the contract because it was illegal for A to sign on B's behalf?</p>
<p>Does the answer depend on whether B "allowed" A to illegally act on its behalf (for example, because A was the sole director and shareholder)? Would it be different if there were other directors who tried to stop A from purporting to act on behalf of B?</p>
<p>Does the answer depend on whether C knew that A was disqualified from managing corporations? What if C knew about, or turned a blind eye to, B's internal management problems because C stood to earn a high interest rate?</p>
<p>What if the loan was in the other direction? If B sued C to recover a loan, could C refuse to pay because A was disqualified from lending B's money in the first place? Would it matter whether C was aware of A's disqualification?</p>
| 93,394 | [
{
"answer_id": 93402,
"body": "<blockquote>\n<p>Suppose that A continues to manage company B while disqualified, by\narranging for (and signing on behalf of) B to borrow money from C. If\nC sues B to recover the loan, can B argue that it is not bound by the\ncontract because it was illegal for A to sign on ... | [
"contract-law",
"corporate-law",
"australia",
"clean-hands"
] |
Would it be legal to shut down functionality on users phone? | 7 | https://law.stackexchange.com/questions/82419/would-it-be-legal-to-shut-down-functionality-on-users-phone | CC BY-SA 4.0 | <p>This would be US jurisdiction, say NYC.</p>
<p>Note this is a question about the law only; not a question about technical feasibility.</p>
<ul>
<li>Could Apple or Google of their own volition legally shut down functionality of users' phone, say photo or video capabilities?</li>
<li>Could Verizon or T-Mobile legally do this as well?</li>
</ul>
<p>If so, under what circumstances could a provider take such an action?</p>
<ul>
<li>Could providers be ordered to take such an action, say under a
declared state of emergency?</li>
<li>Could the state order providers to push updates that halt
functionality of users' phones?</li>
</ul>
<p>Have these scenarios already made it into law or into courtrooms?</p>
<p>Are phones owned, or just licensed to use, and does this change legality of above actions?</p>
| 82,419 | [
{
"answer_id": 93407,
"body": "<p>Short answer: YES, shutting down some phone functionality is legally permitted. However, it is judicially reviewable.</p>\n<p>The ability to throttle long-distance service in the event of emergency is a well-accepted capability, both in regulations and technically. This ... | [
"united-states",
"licensing",
"emergencies"
] |
Can a group of people be libelled | -3 | https://law.stackexchange.com/questions/93060/can-a-group-of-people-be-libelled | CC BY-SA 4.0 | <p>If I was thinking of writing a blog where I refer to a group of people such as immigrants, as traitors, would that constitute libeling?</p>
<p>I was interested in any country's laws to see what people think. A blog wouldn't normally be limited for view, to one country.</p>
| 93,060 | [
{
"answer_id": 93068,
"body": "<p>It depends on the jurisdiction, among other things. There is such a thing as group defamation, and a lawsuit could be possible if the statement the statement falsely imputes to a small group some damaging fact, for example "The members of the Podunk City Council took b... | [
"libel"
] |
Can you have a Facebook group with a trademark company's name? | 1 | https://law.stackexchange.com/questions/93396/can-you-have-a-facebook-group-with-a-trademark-companys-name | CC BY-SA 4.0 | <p>Can you force a Facebook group to change their name if it matches your trademark? One group I am in is thinking about changing their name because of this and it is a group of current and former members of that organization. This is within the U.S. and the organization is events and adventures.</p>
| 93,396 | [
{
"answer_id": 93401,
"body": "<p>Trademarks are all about customer confusion. The ruling factor is: is a reasonable person likely to confuse the thing with the trademark holder's thing?</p>\n<p>However, you're allowed to be <em>referential</em> - for instance say you have a group for former Microsoft emp... | [
"united-states",
"trademark"
] |
How is Midjourney's ToS Legal? | 1 | https://law.stackexchange.com/questions/93389/how-is-midjourneys-tos-legal | CC BY-SA 4.0 | <p>I feel this is fairly straightforward, but I have seen no explanation as to why Midjourney is allowed to restrict the "copyright" or commercial use rights of their users, paid or otherwise, in their ToS.</p>
<p>In their terms of service, it states that you only have the right to use generated images commercially if you have paid for a membership during the time the asset was made. This seems to directly contradict the idea that AI generated images have no copyright, and are therefore public domain (as my understanding goes, which could be way off-base). It doesn't seem like they have a leg to stand on if I created a free account and used generated images commercially, since my assumption is that they could only attempt a DMCA claim, which shouldn't work because the image has no copyright.</p>
<p>So, I ask anyone here with knowledge on the subject to explain to me whether or not I am mistaken. I know it's all still fairly new, but I thought the ruling on AI-generated content was pretty clear. The only thing I could potentially see is that the images were generated by their machines, but I don't see how that changes things.</p>
<p>The section in question:</p>
<blockquote>
<ol start="4">
<li>Copyright and Trademark In this section, Paid Member shall refer to a Customer who has subscribed to a paying plan.</li>
</ol>
<p>Rights You give to Midjourney By using the Services, You grant to
Midjourney, its successors, and assigns a perpetual, worldwide,
non-exclusive, sublicensable no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of, publicly
display, publicly perform, sublicense, and distribute text, and image
prompts You input into the Services, or Assets produced by the service
at Your direction. This license survives termination of this Agreement
by any party, for any reason.</p>
<p>Your Rights Subject to the above license, You own all Assets You
create with the Services, provided they were created in accordance
with this Agreement. This excludes upscaling the images of others,
which images remain owned by the original Asset creators. Midjourney
makes no representations or warranties with respect to the current law
that might apply to You. Please consult Your own lawyer if You want
more information about the state of current law in Your jurisdiction.
Your ownership of the Assets you created persists even if in
subsequent months You downgrade or cancel Your membership. However,
You do not own the Assets if You fall under the exceptions below.</p>
<p>If You are an employee or owner of a company with more than $1,000,000
USD a year in gross revenue and You are using the Services on behalf
of Your employer, You must purchase a “Pro” membership for every
individual accessing the Services on Your behalf in order to own
Assets You create. If You are not sure whether Your use qualifies as
on behalf of Your employer, please assume it does.</p>
<p>If You are not a Paid Member, You don’t own the Assets You create.
Instead, Midjourney grants You a license to the Assets under the
Creative Commons Noncommercial 4.0 Attribution International License
(the “Asset License”). The full text is accessible as of the Effective
Date here: <a href="https://creativecommons.org/licenses/by-nc/4.0/legalcode" rel="nofollow noreferrer">https://creativecommons.org/licenses/by-nc/4.0/legalcode</a>.</p>
<p>Please note: Midjourney is an open community which allows others to
use and remix Your images and prompts whenever they are posted in a
public setting. By default, Your images are publically viewable and
remixable. As described above, You grant Midjourney a license to allow
this. If You purchase a "Pro" plan, You may bypass some of these
public sharing defaults.</p>
<p>If You purchased the Stealth feature as part of Your “Pro”
subscription or through the previously available add-on, we agree to
make best efforts not to publish any Assets You make in any situation
where you have engaged stealth mode in the Services.</p>
<p>Please be aware that any image You make in a shared or open space such
as a Discord chatroom, is viewable by anyone in that chatroom,
regardless of whether Stealth mode is engaged.</p>
</blockquote>
<p>Clearly, I'm not lawyer, and I could easily misunderstand what this trying to say. I understand companies typically needing to add broad language to protect themselves, and is usually innocuous, despite the claims made by others. I'm mostly here to try and gain an understanding of why they might have included this.</p>
| 93,389 | [
{
"answer_id": 93390,
"body": "<p>A TOS is not intrinsically illegal, but an interpretation of a TOS may or may not be supported by a court, that remains to be seen. It probably does not constitute a "deceptive practice" under FTC standards.</p>\n<p>The <a href=\"https://docs.midjourney.com/docs/t... | [
"copyright",
"terms-of-service",
"public-domain",
"artificial-intelligence"
] |
Two Margin accounts at the same Brokerage Account | 2 | https://law.stackexchange.com/questions/83492/two-margin-accounts-at-the-same-brokerage-account | CC BY-SA 4.0 | <p>Both E*Trade and TD Ameritrade have a policy that says an investor cannot have two margin accounts with them. He can have two or more cash accounts. Neither firm could tell me why they have this policy.</p>
<p>Is there a law or a FINRA regulation that prevents them from opening two margin accounts for the same customer?</p>
| 83,492 | [
{
"answer_id": 83501,
"body": "<p>Margin accounts typically have terms that automatically seize the securities that are collateral for the account when the loan to value of the account is too high. More than one margin account would undermine the administrative process of determining that this loan to value... | [
"united-states",
"securities"
] |
Are there countries where vehicles involved in an accident must move if they're blocking the flow of traffic? | 16 | https://law.stackexchange.com/questions/93326/are-there-countries-where-vehicles-involved-in-an-accident-must-move-if-theyre | CC BY-SA 4.0 | <p>When driving in Europe, one can often notice traffic jams caused by car accidents where there's very minor damage to both parties and they could easily move out of the way, however the law mandates them both to stay put and wait for the police/insurance to collect evidence about the accident. This is understandable from the perspective of people involved in an accident as no one wants to see increased insurance premiums if they're not responsible, however this is sub-optimal for all the other drivers as the time wasted in the traffic jam far surpasses the total monetary cost of any small car crash.</p>
<p>Are there countries where this is different and drivers are obligated to move out of the way immediately if their car remains operable?</p>
| 93,326 | [
{
"answer_id": 93328,
"body": "<p>The <a href=\"https://www.gesetze-im-internet.de/stvo_2013/StVO.pdf\" rel=\"noreferrer\">Straßenverkehrsordnung</a>(<a href=\"https://germanlawarchive.iuscomp.org/?p=1290\" rel=\"noreferrer\">Translation</a>) in <strong>Germany</strong> says this:</p>\n<blockquote>\n<p>§ 34... | [
"transportation"
] |
Toronto Public Library waives all charges for the disabled. What laws require (1) public bodies, (2) corporations to do the same? | -1 | https://law.stackexchange.com/questions/93381/toronto-public-library-waives-all-charges-for-the-disabled-what-laws-require-1 | CC BY-SA 4.0 | <blockquote>
<p><a href="https://www.torontopubliclibrary.ca/accessibility/persons-with-disabilities-status" rel="nofollow noreferrer">Persons with Disabilities Status are exempt from:</a></p>
<ul>
<li>fines for holds not picked up</li>
<li>being referred to a collection agency for long overdue items or charges</li>
</ul>
</blockquote>
<h4>What <em>Canadian</em> laws require <1> public bodies, <2> private companies to exempt the disabled from charges + fees + fines — just like the Toronto Public Library does?</h4>
<p>Examples of public bodies are — public hospitals that levy (parking) fees,<br />
— government ministries that levy health card + driver licence fees.</p>
<p>Examples of private corporations are — banks, credit unions that charge overdraft + NSF fees.</p>
<p>Above link adduces the <em>Accessibility for Ontarians with Disabilities Act,</em> 2005 (<em>AODA</em>). I know that</p>
<blockquote>
<p><a href="https://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/8-duty-accommodate" rel="nofollow noreferrer">Under the [Ontario <em>Human Rights] Code</em>, employers and unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard.</a></p>
</blockquote>
<p>But this <em>AODA</em> and <em>Human Rights Code</em> don't answer my question, because both don't outright waive fees for the disabled.</p>
| 93,381 | [
{
"answer_id": 93382,
"body": "<p>The <a href=\"https://www.ontario.ca/laws/statute/05a11\" rel=\"nofollow noreferrer\">Accessibility for Ontarians with Disabilities Act</a>, 2005, until the Supreme Court or the pertinent regulatory agencies deem that this accommodation is not required under the law. The st... | [
"canada",
"disabilities"
] |
Stamp duty liability when adding partner to mortgage? (UK) | 0 | https://law.stackexchange.com/questions/93364/stamp-duty-liability-when-adding-partner-to-mortgage-uk | CC BY-SA 4.0 | <p>My friend and her partner have recently moved in together (England). Her partner owns a property that is now being let out, and she has added him to her mortgage.</p>
<p>They were under the impression he would be liable to pay Stamp Duty as he now owns a second property, however the solicitor has told them he doesn't need to pay it.</p>
<p>Is this classed differently as he has been added to the mortgage and not "purchased" a property together?</p>
| 93,364 | [
{
"answer_id": 93366,
"body": "<p>Web search for "stamp duty" ownership change.</p>\n<p>First result:</p>\n<blockquote>\n<p><a href=\"https://www.gov.uk/guidance/sdlt-transferring-ownership-of-land-or-property#if-you-marry-enter-into-a-civil-partnership-or-set-up-home-together\" rel=\"nofollow nor... | [
"united-kingdom",
"england-and-wales",
"tax-law"
] |
Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case? | 8 | https://law.stackexchange.com/questions/93372/does-trump-have-the-right-to-waive-a-jury-trial-and-request-a-bench-trial-in-the | CC BY-SA 4.0 | <p>In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial?</p>
<p>Given Aileen Cannon's history in cases involving the defendant, and potential bias towards the person who appointed her would this be a good legal strategy on his part?</p>
| 93,372 | [
{
"answer_id": 93373,
"body": "<p>While the right to a jury trial is waiveable, in order to have a bench trial in a federal district court, <a href=\"https://www.law.cornell.edu/wex/right_to_jury_trial\" rel=\"noreferrer\">the court and prosecutor generally must agree</a>.</p>\n<blockquote>\n<p>before any w... | [
"criminal-law",
"jury",
"criminal-procedure",
"federal-courts",
"bench-trial"
] |
what is compensation under the Homes (Fitness for Human Habitation) Act 2018 considered? | 0 | https://law.stackexchange.com/questions/93375/what-is-compensation-under-the-homes-fitness-for-human-habitation-act-2018-con | CC BY-SA 4.0 | <p>Is it a case of refunding rent that has been paid or a portion thereof, or is it rather damages and a case of the amount of liability for damages simply being calculated as a function of the amount of monthly rent due under the tenancy multiplied by the relevant liability period?</p>
| 93,375 | [
{
"answer_id": 93385,
"body": "<p>The Government's <a href=\"https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018\" rel=\"nofollow noreferrer\">guide to the Act for tenants</a> contains this explanation:</p>\n<bl... | [
"england-and-wales",
"assured-shorthold-tenancy",
"disrepair"
] |
Who has copyright when photographs are retouched or edited? | 2 | https://law.stackexchange.com/questions/93354/who-has-copyright-when-photographs-are-retouched-or-edited | CC BY-SA 4.0 | <p>Client B took photos and hired Contractor A to retouch or edit them.</p>
<p>Client B retains the copyright for the originals, but who owns the copyright for the retouched/edited photos?</p>
| 93,354 | [
{
"answer_id": 93369,
"body": "<h2>Copyright does not grant copyright willy nilly</h2>\n<p>B made a photo. B owns the copyright in the photo - Including the right to authorize derivates. Nobody but B may allow (or allow to allow) those as long as B owns the copyright.</p>\n<p>A makes changes to the photo. A... | [
"copyright",
"california",
"photography",
"derivative-work"
] |
Small claims court when the plaintif lives overseas (USA/Idaho) | 1 | https://law.stackexchange.com/questions/93358/small-claims-court-when-the-plaintif-lives-overseas-usa-idaho | CC BY-SA 4.0 | <p>I live in Europe and my property manager in Idaho (USA) is not sending me the rents (which were paid by the renter).</p>
<p>I was thinking about suing her in small claims court, but it looks like I have to appear in court. Which is hard living 10000km away!</p>
<p>Is the physical court apearance a must, could it be virtual/teleconf?</p>
<p>Thanks</p>
| 93,358 | [
{
"answer_id": 93371,
"body": "<p>Realistically, if your lawsuit is with the person who has been acting as your agent in the United States, small claims court is probably not the right way to go.</p>\n<p>If you are owed less than $10,000 (possibly including attorney fees), you probably need to hire a lawyer... | [
"rules-of-court",
"small-claims-court",
"idaho"
] |
Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"? | 3 | https://law.stackexchange.com/questions/93353/are-us-federal-guidelines-and-statistics-available-for-sentencing-for-possessio | CC BY-SA 4.0 | <p>After 04:44 in CNN's June 22, 2023 <a href="https://youtu.be/aDoNP8OV5LY?t=284" rel="nofollow noreferrer">Was Hunter Biden given a 'sweetheart deal'? Legal expert weighs in</a>, the senior legal analyst for CNN, and former assistant United States Attorney <a href="https://en.wikipedia.org/wiki/Elie_Honig" rel="nofollow noreferrer">Elie Honig</a> says:</p>
<blockquote>
<p><strong>If we look at the gun charge here, it is exceedingly rare for somebody to be charged with a federal gun crime and given pretrial diversion</strong>, as Hunter Biden has been given, meaning he doesn't even have to plead guilty as long as he behaves himself, the charge will go away. On the other hand, the vast majority of federal gun crimes involve somebody who either use the gun in some sort of violent crime or somebody who is a prior convicted felon. <strong>So it's rare to even see anyone prosecuted at all under the law that Hunter Biden was prosecuted for, which is possession of a gun by an addict.</strong></p>
</blockquote>
<p>Rare or not, are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?</p>
<p>That would seem to be germane to a discussion of the level of "sweetheartness" associated with this particularly notable and visible case.</p>
| 93,353 | [
{
"answer_id": 93355,
"body": "<p>I can at least look at the <a href=\"https://www.ussc.gov/guidelines/2018-guidelines-manual-annotated\" rel=\"nofollow noreferrer\">federal sentencing guidelines</a>. From the description of the offense I'm guessing he's charged under <a href=\"https://www.law.cornell.edu/u... | [
"united-states",
"federal-courts",
"weapons",
"sentencing"
] |
can i write in my portfolio about a critical security bug in my last job? | -1 | https://law.stackexchange.com/questions/93365/can-i-write-in-my-portfolio-about-a-critical-security-bug-in-my-last-job | CC BY-SA 4.0 | <p>I want to write about how i found a critical security bug when i was working at a company. Am going to stop working there in about a month and was just updating my portfolio with the things i did there over past three years.</p>
<p>The thing is for me this was a very big achievement and i want to brag about it, but my boss told me i have to take it down immediately or i will get in trouble. It was no details about any system or programing language and just a paragraph about it on my portfolio page.</p>
<p>What part of my contract or any contract can give employer right to do so?
This just dont sound right that i cant tell other employer how good i am</p>
| 93,365 | [
{
"answer_id": 93368,
"body": "<blockquote>\n<p>The employee must, during and <strong>after employment</strong>, without limitation in time, observe a duty of confidentiality regarding [...]\nthe Company's internal affairs such as business plans, profitability, pricing, employees, methods, processes, routin... | [
"privacy",
"employment",
"legal-terms",
"workplace",
"security"
] |
'Homicide by words' hypothetical - First Amendment and jurisdictional questions | 3 | https://law.stackexchange.com/questions/93332/homicide-by-words-hypothetical-first-amendment-and-jurisdictional-questions | CC BY-SA 4.0 | <p>This hypothetical is based on the ongoing prosecution of Mandie Reusch.</p>
<p>Mr Y lives in Nevada, and Ms X lives in Wyoming. Ms X also suffers from depression and PTSD. They still speak to each other, and they have joint custody of their children.</p>
<p>Mr Y is the ex-partner of Ms X. Over the last few months since their breakup, which was caused by Mr Y's infidelity, Mr Y continues to have many arguments with his ex. Consequently, Mr Y sends Ms X messages <a href="https://www.dailymail.co.uk/news/article-12195333/The-depraved-texts-girlfriend-Mandie-Reusch-drove-Army-veteran-suicide.html" rel="nofollow noreferrer">of similar nature to those of Mandie Reusch's</a> for a couple of weeks.</p>
<p>One day, Ms X decides to fly to California. On the same day, Mr Y is flying back home from New Jersey. They both fly on private jets. The previous night, they had an extremely heated and personal altercation on the phone.</p>
<p>Whilst Mr Y is in the air on his flight back, he once again sends many of these messages to Ms X, who is, at this point, still in Nevada, driving to the airfield. But she sees these messages, and this is around the point where her suicidal thoughts begin to be more active than passive.</p>
<p>During her flight, Ms X receives more of those extremely mean-spirited messages from Mr Y (in which he uses secrets that she trusted him with against her, explains how he told others about her secrets and so on). Mr Y sends these messages while his flight is still in New Jersey airspace. After everything that's happened, Ms X considers it too much to bear, and she takes her own life during her flight. When she does this, she is exactly over the border between Wyoming and Nebraska.</p>
<p>In none of the messages does Mr Y explicitly tell or direct Ms X to end her own life.</p>
<p>I have two questions:</p>
<ol>
<li><p>With these facts, assuming Mr Y was charged with involuntary manslaughter (like in MA v. Carter) or aiding a suicide, based solely or almost solely on the messages, under which jurisdiction would he be charged?</p>
</li>
<li><p>Is Mr Y's speech in this case protected by the First Amendment?</p>
</li>
</ol>
<p>Thank you for your answers.</p>
| 93,332 | [
{
"answer_id": 93337,
"body": "<blockquote>\n<ol>\n<li>With these facts, assuming Mr Y was charged with involuntary manslaughter (like in MA v. Carter) or aiding a suicide, based solely\nor almost solely on the messages, under which jurisdiction would he be\ncharged?</li>\n</ol>\n</blockquote>\n<p><em>Appli... | [
"united-states",
"jurisdiction",
"first-amendment",
"suicide"
] |
Severance pay when getting terminated just after major change in scheduling | 1 | https://law.stackexchange.com/questions/93346/severance-pay-when-getting-terminated-just-after-major-change-in-scheduling | CC BY-SA 4.0 | <p>Normally the amount of severance pay is calculated based on the most recent past several weeks (<a href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96113_01#part1" rel="nofollow noreferrer">8 in this example</a>). What if there is an upcoming major change to the employees schedule right around the time of him being terminated without cause?</p>
<p>For example, Bob has worked for a company 2 days per week for the past 6 months. He recently accepted a full time position with the company (and as a result, quits his other part time job). Shortly after switching to full time, he is terminated without cause. Would Bob be entitled to severance just based on the 2 days a week or could it be argued that the severance should be based on the full time hours? Does having quit his other job to work full time have any bearing?</p>
| 93,346 | [
{
"answer_id": 93347,
"body": "<h2>Bob is entitled to severance based on his current duties</h2>\n<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-austr... | [
"canada",
"common-law",
"labor-law",
"british-columbia"
] |
What does "credible" mean? | 6 | https://law.stackexchange.com/questions/93350/what-does-credible-mean | CC BY-SA 4.0 | <p>Looking at the recently delivered findings and conclusions in Brandt <em>et al.</em> v. Rutledge <em>et al.</em>, full text <a href="https://wp.api.aclu.org/wp-content/uploads/2023/06/win-in-arkansas.pdf" rel="noreferrer">here</a>. On pp. 56-57 of the PDF, one of the expert witnesses is discussed (emphasis added):</p>
<blockquote>
<p>Dr. Levine was the State’s only expert witness who has experience
treating patients with gender dysphoria. In his practice, he has
enabled minor patients with gender dysphoria to access hormone therapy
on a case-by-case basis. (Tr. 785:3-6, ECF No. 246 (Levine)).</p>
<p>Dr. Levine does not support banning gender-affirming medical care for
adolescents with gender dysphoria. He has concerns about Act 626’s
impact on youth who are currently receiving gender-affirming hormones.</p>
<p>Dr. Levine testified that doctors who provide gender-affirming medical
care to adolescents with gender dysphoria encourage patients to
identify as transgender and provide hormones immediately without
assessing patients and addressing other mental health conditions or
informing patients and their parents of the risks and the limitations
of the evidence regarding treatments. Id. at 809:18- 810:4;
811:21-812:10; 824:5-14 (Levine). <strong>He offered no evidence that
treatment was being provided this way in Arkansas or anywhere in the
United States. Dr. Levine conceded he has no knowledge of how most
gender clinics provide care and, thus, does not know how common it is
for care to be provided in the way he described. Id. at 887:19-888:25
(Levine). He further does not know how care is provided by doctors in
Arkansas. Id. at 888:24-891:16 (Levine).</strong></p>
<p><strong>The Court found Dr. Levine a very credible witness</strong> who struggles with
the conflict between his scientific understanding for the need for
transgender care and his faith.</p>
</blockquote>
<p>From p. 60:</p>
<blockquote>
<p>The legislative findings in Act 626 assert that there is insufficient
evidence of the efficacy of gender-affirming medical care for minors.
<strong>Some of the state’s expert witnesses—Dr. Levine and Dr. Hruz—offered
opinions to that effect. (Tr. 833:12-16, ECF No. 246 (Levine); Tr.
1274:15-25, ECF No. 249 (Hruz)). The Court does not credit these
opinions</strong> because it finds that the evidence showed that decades of
clinical experience in addition to a body of scientific research
demonstrate the effectiveness of these treatments.</p>
</blockquote>
<p>p. 71:</p>
<blockquote>
<p>The State argues that minors with gender dysphoria will desist with
age. They contend that there is a significant risk of harm to a minor
who elects to undergo gender hormone therapy or surgery because they
will eventually identify with their sex assigned at birth and regret
the treatment they sought as a minor. The State offered the testimony
of Dr. Levine to support this argument. <strong>The Court found Dr. Levine’s
testimony to be inconsistent and unreliable in this area.</strong> To the
contrary, the evidence proved that there is broad consensus in the
field that once adolescents reach the early stages of puberty and
experience gender dysphoria, it is very unlikely they will
subsequently identify as cisgender or desist. (Tr. 310:13-25, ECF No.
220 (Turban)).</p>
</blockquote>
<p>In this context, what does it mean to describe a witness as "very credible", and yet not to credit their evidence? The court clearly had significant doubts about the accuracy of his testimony, the findings note his lack of knowledge on key points, and that his testimony was in some areas "inconsistent and unreliable". How do those reconcile?</p>
<p>Does "credible" here mean "comes with good credentials" (e.g. his experience treating trans children) rather than "gave evidence that should be credited"? Or is there some other nuance here?</p>
<p>(I'm not looking for discussion on the merits of the case, only on how this description of a witness reconciles with the assessment of his evidence.)</p>
| 93,350 | [
{
"answer_id": 93352,
"body": "<p>Credible means "not lying".</p>\n<p>But someone who is telling the truth to the best of their ability may still lack the knowledge to be a strong witness on the matters that the court has to make a decision upon.</p>\n<p>For example, if a witness testifies that th... | [
"legal-terms",
"evidence",
"witnesses"
] |
Is it illegal to say somebody is crazy when it is obviously false in the US? | -4 | https://law.stackexchange.com/questions/93321/is-it-illegal-to-say-somebody-is-crazy-when-it-is-obviously-false-in-the-us | CC BY-SA 4.0 | <p>One time I was walking quickly in a park trail for my exercise routine in California, and there were dog owners who didn't leash their dogs or use a 25 foot leash and let them go freely within the 25 feet radius.</p>
<p>So because the trail was narrow and the grass land was limited, when the dogs confronted me and sometimes even bark, I had to stop and wait for the owner to react and pull back the dog, and then I can go forward.</p>
<p>So when it was the 6 or 7 times that had happened, I said to that owner, "isn't he supposed to be on a leash?"</p>
<p>She exclaimed: "NO THEY ARE NORRRROOOOOT (NOT)!"</p>
<p>I was so surprised because I remembered there was some law that said all dogs need to be on leash in public parks in California or in our County.</p>
<p>So I called the park ranger, and the park ranger said yes, that's the law. Upon hearing what the park ranger said on my phone through the speakerphone, the lady with the dog said, "even if it is the law, I am not going to do it" and that she and her husband live in a rich city nearby.</p>
<p>And then she yelled with the top of her lung to the park ranger, "this CRAZY woman comes out of no where, and then...".</p>
<p>So by yelling loudly "CRAZY woman" to the park ranger and to a few other people nearby, is it subject to possible fine and penalty for defamation? I know in some countries in Asia, that is a US$10,000 penalty to falsely claiming somebody is crazy when obviously they are not.</p>
| 93,321 | [
{
"answer_id": 93340,
"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<p>... | [
"united-states",
"defamation"
] |
What legal conditions do I have to meet to open an open source website? | -1 | https://law.stackexchange.com/questions/52107/what-legal-conditions-do-i-have-to-meet-to-open-an-open-source-website | CC BY-SA 4.0 | <p>I'm working on a website for a pretty long time and in the close future I want to open it into the public. The problem is, my website collects personal data and cookies which (in my country - Poland) must be documented in something called privacy policy because of GDPR, etc, etc.</p>
<p>I've written some basic policy, but I'm stressed about locations. In every policy I saw, there were an address of a company working on the site.</p>
<p>I don't want to share my private address. I'm scared about this.</p>
| 52,107 | [
{
"answer_id": 52114,
"body": "<h2>Don't collect or process personal data</h2>\n\n<p>Many (though of course not all) websites can easily be run without collecting or otherwise processing any personal data. The position of GDPR is that if you are not able to fulfil the basic, simplest core conditions for pro... | [
"internet",
"privacy",
"gdpr",
"open-source-software"
] |
Can I put "Original Motion Picture Soundtrack" on my album cover (which is not a soundtrack)? | 1 | https://law.stackexchange.com/questions/93348/can-i-put-original-motion-picture-soundtrack-on-my-album-cover-which-is-not-a | CC BY-SA 4.0 | <p>If I wrote an album with a soundtrack-"feel" to it, which (crucially) is not a real motion picture soundtrack, would I be allowed to put "Original Motion Picture Soundtrack" on the album cover for artistic purposes?</p>
| 93,348 | [
{
"answer_id": 93349,
"body": "<p>Yes. You could, assuming that you did not associate it with any real motion picture (which would be a trademark violation).</p>\n<p>You'd probably want to clarify in fine print somewhere, however, to avoid confusing your fans.</p>\n",
"score": 3
}
] | [
"music"
] |
Is there an inherent legal obligation to repay a guarantor? | 14 | https://law.stackexchange.com/questions/93329/is-there-an-inherent-legal-obligation-to-repay-a-guarantor | CC BY-SA 4.0 | <p>So as I understand a guarantor is liable to pay rent arrears if the tenant is unable, unwilling, or just doesn't pay.</p>
<p>I am wondering if such an occasion arose and the landlord contacted the guarantor to pay, and they did, would the tenant, without a written agreement specific to that occasion, have any inherent legal obligation to repay the guarantor for the arrears.</p>
<p>Does the use of a guarantor give the tenant an automatic legal responsibility to repay them?</p>
| 93,329 | [
{
"answer_id": 93335,
"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<bl... | [
"rental-property",
"landlord",
"rent",
"debt",
"tenancy-rules"
] |
If a moderator of an online forum edits my post to say something illegal, how could I prove I didn't write the incriminating message? | 27 | https://law.stackexchange.com/questions/93299/if-a-moderator-of-an-online-forum-edits-my-post-to-say-something-illegal-how-co | CC BY-SA 4.0 | <p>Hypothetical situation.</p>
<p>Several years ago, Reddit co-founder Steve Huffman caused some controversy by editing comments that criticized him. On most social media platforms, staff cannot edit users' messages without direct access to the database.</p>
<p>However, this is often not the case for certain forum software, such as phpBB and vBulletin. In some cases, the forum does not even indicate that a moderator has edited a message. So if a moderator changes my post to say something illegal, then how could I prove in court that my post was tampered with?</p>
<p>Let's say I go on a forum and say I wish to meet the president of the United States. Suppose a mod decides to pull a "prank" and edits the message to say I want to murder the president of the United States, and I end up getting a visit from the Secret Service. To complicate matters, the forum requires registration to view and is not accessible to the Wayback Machine or Google caches. In this case, how could I prove I didn't threaten the POTUS?</p>
| 93,299 | [
{
"answer_id": 93301,
"body": "<p>You do not have to. The burden of proof is on the prosecution to prove that you made the threat. Reasonable doubt exists in the circumstances that you describe, that there are no logs of who accessed what when and how. Your attorney may have to introduce expert witnesses wh... | [
"hypothetical"
] |
How should turn lane pavement markings be interpreted in Idaho? | 8 | https://law.stackexchange.com/questions/93336/how-should-turn-lane-pavement-markings-be-interpreted-in-idaho | CC BY-SA 4.0 | <p>There's a certain intersection in Idaho, USA that's causing confusion for a lot of drivers. As you can see in the photo, the pavement widens near the intersection, as if there should be a right turn lane. But the widening area is marked with diagonal lines. The turn arrows show that the same lane should be used for traffic going straight and turning right. The only lane usage indicators are the pavement markings and traffic lights. There is no additional signage.</p>
<p>Many drivers turn right from the area with the diagonal stripes, and many others turn right from the lane with the right and straight arrows. There's no clear consensus among drivers on how to make right turns here.</p>
<p>I asked the highway department about it, and they said "...even though this area is not specifically striped as a right turn lane (there isn’t enough room to physically stripe a dedicated area for right turning vehicles), drivers who use it as such are acting lawfully." They cited Idaho Code 49-644, which says, "Both the approach for a right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the roadway."</p>
<p>Their answer could be correct, but it doesn't feel right to me. I was taught to stay off diagonal lines, and to turn where the arrows are. I searched as many places as I could think of, including titles 40 and 49 of the Idaho code, and I couldn't find the specific meanings of turn arrows or diagonal stripes. What is the correct way to turn right at this intersection, and why?</p>
<p><a href="https://i.stack.imgur.com/J4CPS.png" rel="noreferrer"><img src="https://i.stack.imgur.com/J4CPS.png" alt="photo of pavement markings" /></a></p>
| 93,336 | [
{
"answer_id": 93344,
"body": "<p>The "definition" of diagonal crosshatches is given in the <a href=\"https://mutcd.fhwa.dot.gov/pdfs/2009r1r2r3/mutcd2009r1r2r3edition.pdf\" rel=\"noreferrer\">Manual on Uniform Traffic Control Devices</a>, under §3B.24, which says:</p>\n<blockquote>\n<p>Option: 01... | [
"driving",
"idaho"
] |
Is it illegal to perform a song from sheet music that I transcribed? | 3 | https://law.stackexchange.com/questions/93320/is-it-illegal-to-perform-a-song-from-sheet-music-that-i-transcribed | CC BY-SA 4.0 | <p>So I have been transcribing a copyrighted song (as a HOBBY) that I love and was thinking about using it as a graduation song for my music school, but I’ve had to make some tweaks because there are some instruments involved that my music school doesn’t have access to.
Even if I give credit to the composer, and I will make no profit from the performance, will it still be illegal to use my transcription?</p>
| 93,320 | [
{
"answer_id": 93342,
"body": "<blockquote>\n<p>Even if I give credit to the composer, and I will make no profit from\nthe performance, will it still be illegal to use my transcription?</p>\n</blockquote>\n<p>This definitely infringes the composer's performance and derivative work rights under the composer'... | [
"copyright",
"is-x-legal",
"music"
] |
Would using individual sentences from news articles for a language learning app be considered fair use? | 0 | https://law.stackexchange.com/questions/93313/would-using-individual-sentences-from-news-articles-for-a-language-learning-app | CC BY-SA 4.0 | <p>Suppose a commercial language learning app displays a single sentence at a time to a user, with the purpose of reviewing the sentence to learn new words.</p>
<p>In order to get examples of natural sentences for learning use, would it be considered fair use in terms of copyright to take sentences from news websites?</p>
<p>Reviewing the factors from: <a href="https://law.stackexchange.com/questions/7683/in-the-us-when-is-fair-use-a-defense-to-copyright-infringement">In the US, when is fair use a defense to copyright infringement?</a></p>
<p>Factor 1: Purpose and character of use</p>
<ul>
<li>The app is for language learning so is therefore of an educational use (weighs in favour)</li>
<li>The app is commercial (weighs against)</li>
</ul>
<p>Factor 2: The nature of the copyrighted work</p>
<ul>
<li>"[T]he scope of fair use is generally broader when the source of borrowed expression is a factual or historical work" (Campbell). (weighs in favour since news articles are factual)</li>
</ul>
<p>Factor 3: Amount and substantiality of the portion used in relation to the copyrighted work as a whole</p>
<ul>
<li>Only one sentence at a time is displayed to the user (weighs in favour)</li>
</ul>
<p>Factor 4: Effect of the use upon the potential market for or value of the copyrighted work</p>
<ul>
<li>It is extremely unlikely that users of the app will be drawn away from using the original news website.</li>
</ul>
<p>All 4 factors seem to be in favour apart from the commercial nature of the app.</p>
<p>Question:
Would this be in favour of fair use even though the app is of a commercial nature?</p>
<p>Similar question: <a href="https://law.stackexchange.com/questions/60266/can-one-use-already-said-sentences-as-examples-on-a-language-lesson">Can one use already said sentences as examples on a language lesson?</a></p>
| 93,313 | [
{
"answer_id": 93341,
"body": "<p>Usually, copying a single sentence for educational purposes such as language learning would constitute fair use under U.S. copyright laws, assuming that the publisher is not going sentence by sentence to use a large share of the source work in the aggregate. This would be t... | [
"copyright",
"fair-use"
] |
Is there a statute requiring contractors to bill in a timely manner? | 2 | https://law.stackexchange.com/questions/93338/is-there-a-statute-requiring-contractors-to-bill-in-a-timely-manner | CC BY-SA 4.0 | <p>Let’s say that Bob has work done to his home. Some payments are made per the contract, but the final payment requires some adjustments to be made to account for changes agreed to during the project, so the amount is unknown. However, following completion of the project the contractor goes quiet. For several months…</p>
<p>Is there any period of time after which the contractor’s right to bill and expect timely payment will have expired?</p>
<p>Ethically Bob should pay them for work done, but just in case there is a dispute over the adjustments Bob would seem to have greater leverage to negotiate the longer the contractor takes to submit an invoice. (<em>i.e. if the contractor takes 6 months to submit a final invoice wouldn’t it be fair for Bob to have 6 months to negotiate or pay?</em>)</p>
<p>Is there any statute of limitations beyond which Bob is considered to be out from under the terms of the contract? (<em>Presume that terms of the contract are not tied to the lifespan of any British royalty…</em>)</p>
| 93,338 | [
{
"answer_id": 93339,
"body": "<p>The statute of limitations for a breach of contract applies. This is <a href=\"https://app.leg.wa.gov/rcw/default.aspx?cite=62A.2-725#:%7E:text=(1)%20An%20action%20for%20breach,but%20may%20not%20extend%20it.\" rel=\"nofollow noreferrer\">four years</a> in Washington State.<... | [
"united-states",
"contract-law",
"washington",
"construction-law"
] |
usage of the same applicationname | -3 | https://law.stackexchange.com/questions/93323/usage-of-the-same-applicationname | CC BY-SA 4.0 | <p>we are currently developing a mobile-App for Android and IOS and we would like to use a name for this application, that already exists: "YouTrack".
BUT of course our application has nothing to do with the existing app.
The existing app is for tracking issues in software, our app is for motorsports.</p>
<p>Is it safe to use the name for our Application?</p>
| 93,323 | [
{
"answer_id": 93324,
"body": "<blockquote>\n<p>Is it safe to use the name for our Application?</p>\n</blockquote>\n<p>YouTrack is a registered trademark of another company producing software.</p>\n<p>Said software is 14 years old, so there is no question here of who came first.</p>\n<p>The trademark is val... | [
"software",
"germany",
"name"
] |
Legality of printing out scanned hand signature | 4 | https://law.stackexchange.com/questions/84369/legality-of-printing-out-scanned-hand-signature | CC BY-SA 4.0 | <p>I'm working with someone oversea to submit a project for evaluation by an institute in US, and the institute requires signed IP statements (patent disclosure, licensing condition, etc.). To save postage costs, I told my oversea peer to scan his signed statement, email it to me, and I'll print it and mail it along with my signed statement to the institute.</p>
<p>In this case, my signature will be hand-written on a fresh paper; but my oversea peer's will be a printed one, albeit being scanned from a original paper-signed version.</p>
<p>Are such printed signature considered valid under the context of IP licensing and patent disclosure in US? Or do we have to send both of our physical papers through mail?</p>
| 84,369 | [
{
"answer_id": 93314,
"body": "<p>Under U.S. law, a copy of a document has the same legal effect as the original in almost all cases. The main exceptions are "live" promissory notes and checks (absent an e-deposit agreement), and wills. This document does not come within any of the exceptions.</p>... | [
"united-states",
"signature"
] |
Why would a clause apply until 21 years after the death of the last descendant of King Charles III? | 15 | https://law.stackexchange.com/questions/93234/why-would-a-clause-apply-until-21-years-after-the-death-of-the-last-descendant-o | CC BY-SA 4.0 | <p>Inspired by this <a href="https://law.stackexchange.com/questions/93229/to-what-extent-a-factual-mistake-invalidate-a-legal-document?noredirect=1#comment213476_93229">question</a>, why might any corporation draft a legal document containing provisions that are random, arbitrary, and completely beyond their control?</p>
<p>In case the question is deleted, it had to do with Disney maintaining control over its districts "until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living as of the date of this declaration."</p>
<p><em>(I don't have access to the document quoted in the other question.)</em></p>
<p>The rule against perpetuity makes some sense from an estate planning perspective, (<em>a just-borne heir would reach the age of majority to be able inherit property 21 years following a death</em>) but what rationale is there for preventing an on-going legal entity from tying any or all of its legal documents directly to the continued existence of the entity itself?</p>
| 93,234 | [
{
"answer_id": 93241,
"body": "<h2>It’s a common law rule dating from the 17th to 19th centuries</h2>\n<p>Known as the <a href=\"https://en.wikipedia.org/wiki/Rule_against_perpetuities\" rel=\"nofollow noreferrer\">rule against perpetuities</a> “that prevents people from using legal instruments (usually a d... | [
"united-states",
"corporate-law"
] |
To what extent does a factual mistake invalidate a legal document? | 9 | https://law.stackexchange.com/questions/93229/to-what-extent-does-a-factual-mistake-invalidate-a-legal-document | CC BY-SA 4.0 | <p>Due to a “<a href="https://en.wikipedia.org/wiki/Royal_lives_clause" rel="nofollow noreferrer">royal lives clause</a>”, Disney retains power over its districts</p>
<blockquote>
<p>until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living as of the date of this declaration.</p>
</blockquote>
<p>This is interesting and tricky, as there is no such person as King Charles III, King of England, the title “King of England” having been defunct since 1707 (many years before the USA was even established as an independent country). Does this in any way affect the legal power of the clause?</p>
| 93,229 | [
{
"answer_id": 93232,
"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<h3>The language is clear in context</... | [
"united-states",
"florida"
] |
Notice period of tenant to terminate apartment | 1 | https://law.stackexchange.com/questions/93312/notice-period-of-tenant-to-terminate-apartment | CC BY-SA 4.0 | <p><a href="https://i.stack.imgur.com/v4FKt.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/v4FKt.png" alt="enter image description here" /></a>I have a apartment with fixed term. (10 month). in Contract it mentioned that,</p>
<blockquote>
<p>tenant can live in current month if noticed landlort before 15th of
each month. In this case no metter when tenant leave before 15 month,
landlort should pay only half of the price back. (take payment of 15
day).</p>
</blockquote>
<p>So, my question is, if above information mentioned in contract does 3 month notice period applies to tenant ? or according to the contract he can leave if inform before 15th day of month?</p>
| 93,312 | [
{
"answer_id": 93316,
"body": "<p>There is nothing in that contract that says <em>anything</em> about 3 months notice period. The 3 months is the legal default for contracts that <em>do not expire</em> on their own, unlike yours, that has all properties of a limited time contract. I would personally see the... | [
"contract-law",
"germany",
"rent"
] |
To what extent will Artificial Intelligence affect criminal court proceedings with respect to digital evidence? | -3 | https://law.stackexchange.com/questions/93307/to-what-extent-will-artificial-intelligence-affect-criminal-court-proceedings-wi | CC BY-SA 4.0 | <p>These days (2023) AI can produce convincing images and even videos that realistically portray people saying or doing things that they did not actually do. Currently we can employ experts to detect whether such images are genuine or not. However as technology progresses, this will become less-and-less feasible. (Note, my background is in technology)</p>
<p>For example, one established method of making such fakes more realistic is to pit another AI against them. The second AI attempts to distinguish between real and fabricated images. The first AI then learns from this and tries to fool the second AI more effectively, and so on.</p>
<p>This purely machine-based co-evolution can happen very quickly and produces better and better fakes and better and better detectors. At some point, fakes will become so good that even other machines will not be able to detect the difference.</p>
<p>I see two problems with respect to presenting digital evidence in court:</p>
<ol>
<li>The guilty can claim that any digital evidence is fake.</li>
<li>The innocent will be unable to produce any convincing digital alibi and could be portrayed doing something that they did not (perhaps by digitally-altered CCTV footage).</li>
</ol>
<p><em>Assuming</em> that there comes a time where digital fakes are completely indistinguishable from reality, how could this affect the working of current court proceedings? (Any justice system may be discussed)</p>
<hr />
<p><strong>Note</strong>
In case anyone thinks his cannot be answered objectively, I would counter that I am seeking specific information. I would like to gain an idea of the current usage and perceived importance of digital evidence in criminal proceedings as opposed to witness reports and other non-technological evidence. If technological evidence were no longer trustworthy, what would be left to rely on?</p>
| 93,307 | [
{
"answer_id": 93315,
"body": "<p><strong>Chain of custody and testimony in this regard.</strong></p>\n<p>Say there is a murder victim, with DNA of the suspect under the fingernails and a knife with the suspect's bloody fingerprints stuck in the chest.</p>\n<p>There would be testimony what happened to the k... | [
"criminal-law",
"evidence",
"digital-forensics"
] |
First criminal court trial with DNA evidence Idaho | 3 | https://law.stackexchange.com/questions/78563/first-criminal-court-trial-with-dna-evidence-idaho | CC BY-SA 4.0 | <p><strong>I'm wondering what was the first Idaho criminal court trial that admitted DNA evidence and led to defendant's conviction?</strong></p>
<p>The only thing I found is the following but the defendant pleaded guilty in that case.</p>
<p>State of Idaho v. Horsley;
May 1988;
DNA evidence admitted in rape case. Defendant convicted.
(LifeCodes)</p>
<p>Thank you!</p>
| 78,563 | [
{
"answer_id": 78570,
"body": "<p><em>State v. Todd Horsley</em>, 117 Idaho 920, 792 P.2d 945 (Idaho 1990) is the first reported appellate case in Idaho involving DNA evidence (which was only a conditional plea bargain, reserving the appellate issue of the admissibility of the DNA evidence). The trial court... | [
"united-states",
"evidence",
"trial",
"admissibility",
"idaho"
] |
Licensing material generated with ChatGPT | 1 | https://law.stackexchange.com/questions/93308/licensing-material-generated-with-chatgpt | CC BY-SA 4.0 | <p>For a while now, there has been a lot of discussion about large language models such s ChatGPT of OpenAI. A major issue has been whether newly trained, open-source models can be used in a commercial setting or not if they were trained on synthetic data that was generated by OpenAI.</p>
<p>I read through all the related materials that I could find of OpenAI:</p>
<ul>
<li><a href="https://openai.com/policies/terms-of-use" rel="nofollow noreferrer">https://openai.com/policies/terms-of-use</a></li>
<li><a href="https://openai.com/policies/service-terms" rel="nofollow noreferrer">https://openai.com/policies/service-terms</a></li>
<li><a href="https://openai.com/policies/sharing-publication-policy" rel="nofollow noreferrer">https://openai.com/policies/sharing-publication-policy</a></li>
<li><a href="https://openai.com/policies/usage-policies" rel="nofollow noreferrer">https://openai.com/policies/usage-policies</a></li>
</ul>
<p>The only commercially restrictive "legal speak" that I can find is in the terms of use, 2c.iii:</p>
<blockquote>
<p>[You may not] use output from the Services to develop models that compete with OpenAI</p>
</blockquote>
<p>That is clear: the models that you create cannot be commercially usable. But what does that say about the data itself?</p>
<p>As far as I can tell, that does not imply that the license of a dataset should change (in case of changing/augmenting/updating an intial dataset and redistributing it) or that a dataset cannot be commercially licensable. The Terms of use are very specific in that respect: 1. <em>models</em> may not be developed; 2. these models may not compete with OpenAI. But it does not mention data. So if you generated a dataset with OpenAI tools, I believe that you can still use that data in a commercial setting - simply not to <strong>specifically</strong> build a model that competes with OpenAI's services.</p>
<p>Is my interpretation correct, and is it therefore still allowed to publish fully open datasets? As mentioned in the <a href="https://openai.com/policies/sharing-publication-policy" rel="nofollow noreferrer">Sharing policy</a> it is of course a good idea to specify in a README file (or similar) that the content was synthetically generated and attributing OpenAI for using their tools.</p>
| 93,308 | [
{
"answer_id": 93309,
"body": "<p>The premise of "open-source" is that a bit imprecise, since some such licenses preclude "commercial use", so first read the license. I would have to say "you may not use my model for commercial purposes" if that is my intent – I assume you aren... | [
"licensing",
"data-ownership",
"attribution",
"share-alike"
] |
Coronavirus entry requirement change: flight refund (EU) | 4 | https://law.stackexchange.com/questions/70864/coronavirus-entry-requirement-change-flight-refund-eu | CC BY-SA 4.0 | <p>The short story is that I (EU citizen) booked a flight, the government imposed an entry a policy change for me post-booking, and the flight company (Lufthansa) refuses to refund me (although re-booking has been suggested). This article [1] says that I should be entitled to a refund under force of circumstances, the flight company says I am not.</p>
<p>Should I be entitled to a refund?</p>
<p>In particular, I booked a flight from Lufthansa on the July 17th. The flight date is 22nd of August. On the 17th of July, according to the official rules, I could travel to Hong Kong. However, the government announced a policy change on the 16th of August, so some days ago [2]. Starting 20th of August, people from my country can travel to Hong Kong only if they are fully vaccinated at the time of the boarding. Due to this governmental change, I am barred from boarding the flight on the 22nd of August (I am vaccinated, but the time by which I am considered to have sufficient antibodies is on the 23rd, so two weeks after my 2nd vaccination).</p>
<p>I have requested the company for refund on three occasions (two phone calls, one chat on the website). However, I've been told that there will be no refund because I can not board due to restrictions, whilst I have been trying to repeatedly say that I am not requesting for a refund due to not reading travel restrictions, but due to an abrupt travel entry requirement for me which I could not anticipate at the time of the booking.</p>
<p>Quoting [1]:</p>
<p>"According to the German travel law expert Prof. Dr. Ernst Führich, an officially imposed entry ban is a case of force of circumstances. As a result, package holidays and individually booked flights can be cancelled free of charge."</p>
<p>Do you know if I should be entitled to a refund or not?</p>
<p><strong>Edit:</strong> To clarify, the question is more specifically: "Does a formally imposed travel entry requirement change that bars boarding of a passenger constitute unforeseeable extraordinary circumstances?" Lufthansa seemingly uses the argument that covid-related flight cancellations constitute <em>unavoidable</em> extraordinary circumstances in order not to have to compensate over covid-related cancellations (rightly so). However, Lufthansa seemingly simultaneously states that a passenger cancellation due to covid-related travel requirement change (same reason) constitutes <em>avoidable</em> extraordinary circumstances. However, both stem from the same cause. How can a covid-related travel travel requirement change be unavoidable only when it cancels a flight and thus works in the favor of the flight company?</p>
<p>[1] <a href="https://www.evz.de/en/travelling-motor-vehicles/travel-law/coronavirus-travel-advice.html" rel="nofollow noreferrer">https://www.evz.de/en/travelling-motor-vehicles/travel-law/coronavirus-travel-advice.html</a></p>
| 70,864 | [
{
"answer_id": 70886,
"body": "<h2>You are not entitled to a refund</h2>\n<p>Lufthansa stands ready, willing and able to fly you to Hong Kong - they have fulfilled their contractual obligation. The fact that you can't fly is due to your inability to comply with government requirements - it is no different t... | [
"international",
"european-union",
"hong-kong"
] |
Legal Recourse American Airlines Threw Me Off Flight | -5 | https://law.stackexchange.com/questions/93298/legal-recourse-american-airlines-threw-me-off-flight | CC BY-SA 4.0 | <p>I was recently thrown off an American Airlines Flight under the pretext that my suitcase had contained a laptop (information I had ill-advisedly volunteered to the lady at the desk right before boarding), leaving my pregnant wife and 2.5 year old to fly all by themselves.</p>
<p>They sent me down to passenger check-in again to get my suitcase under the pretext that having a laptop in checked luggage is a hazard. When I got down there, they sent down the wrong suitcases, and left the suitcase that contained the laptop in the belly of the airplane, and took off anyway (shocker!).</p>
<p>I was blue with anger. Either the pretext was complete bull (which of course it was, since the TSA says that it's completely OK to have laptops in checked luggage: <a href="https://www.tsa.gov/travel/security-screening/whatcanibring/items/laptops" rel="nofollow noreferrer">https://www.tsa.gov/travel/security-screening/whatcanibring/items/laptops</a>), or they are grossly incompletent, putting my pregnant wife and kid, and the rest of the airplane in danger.</p>
<p>Is there legal recourse here?</p>
| 93,298 | [
{
"answer_id": 93300,
"body": "<p>AA "requests" that you remove batteries from checked laptops and put them in carry-on luggage. You must, per their <a href=\"https://www.aa.com/i18n/customer-service/support/conditions-of-carriage.jsp\" rel=\"nofollow noreferrer\">contract of carriage</a>, "c... | [
"travel",
"air-travel"
] |
Can a self-represented defendant call oneself as a witness? | -3 | https://law.stackexchange.com/questions/93251/can-a-self-represented-defendant-call-oneself-as-a-witness | CC BY-SA 4.0 | <p>You see this occassionally in comedy films and I have to wonder how legal it is. If I act as my own lawyer at a trial, can I call myself to the stand as a witness? Can I refuse to answer my own questions and be a hostile witness to myself? Am I supposed to ask a question, then run and sit on the stand and answer, then dash back in front to ask my next question? Can the opposing counsel accuse me of "leading the witness" or "badgering the witness" or whatever?</p>
| 93,251 | [
{
"answer_id": 93252,
"body": "<p>The old saying: Being your own lawyer means you have a fool as the lawyer and a fool as the client. If one fool calls the other fool as a witness, that's even more foolish. And the worst crime is annoying the judge with your antics.</p>\n<p>Opposing council will just take n... | [
"is-x-legal",
"rules-of-court",
"lawyer",
"legal-research",
"jurisprudence"
] |
Legal liability of websites for text produced by chat bots such as ChatGPT | 3 | https://law.stackexchange.com/questions/93283/legal-liability-of-websites-for-text-produced-by-chat-bots-such-as-chatgpt | CC BY-SA 4.0 | <p>To what extent is a website hosted in the US legally liable for the output of an AI chat bot?</p>
<p>For example, if ChatGPT produced the phrase:</p>
<blockquote>
<p>kill yourself</p>
</blockquote>
<p>and OpenAI distributed this phrase to me over the internet, and I did it, could relatives hold OpenAI liable for this? As far as I understand, websites are generally liable for any content posted there, and chat bot output is part of that, whether it's AI-generated content or manually curated content.</p>
| 93,283 | [
{
"answer_id": 93285,
"body": "<p>We do not really know, and relevant legislation is pending.</p>\n<p>The most relevant case for this, where the company that is hosting the service is being held responsible for the output of the chatbot, is <a href=\"https://www.courthousenews.com/wp-content/uploads/2023/06... | [
"united-states",
"internet",
"liability"
] |
Can a lawyer at trial keep shouting objection in order to fillibuster? | 0 | https://law.stackexchange.com/questions/93253/can-a-lawyer-at-trial-keep-shouting-objection-in-order-to-fillibuster | CC BY-SA 4.0 | <p>Lets say that I'm at my own trial, representing myself pro se. I immediately object to something (anything at all - it doesn't matter what). If I understand correctly I can't be held in contempt - objecting to things is my right as a lawyer. The judge mumbles overruled (probably). I immediately object again with the same or similar objection, forcing the judge to again overrule. I keep on shouting objection ('tis my right as a lawyer that nobody can take away from me) - am I right in the assumption that the trial then cannot continue, since nobody else can be heard? I cant be stopped from objecting and the judge is lawbound to keep saying "overruled" (or "sustained") until the day is over?</p>
| 93,253 | [
{
"answer_id": 93258,
"body": "<p>I am guessing that the question is about the United States, since the "objection!" procedure is not the same in other places.</p>\n<p>The Supreme Court has held that even though you have the right to represent yourself, this is conditional on your maintenance of p... | [
"court",
"rules-of-court",
"judge"
] |
Therapist violates confidentiality. Any laws applicable? | 2 | https://law.stackexchange.com/questions/34095/therapist-violates-confidentiality-any-laws-applicable | CC BY-SA 4.0 | <p>A friend is doing counseling as a domestic violence victim at a domestic violence aid agency. The therapist recently disclosed her information, including what they have talked about in counseling sessions, to other people in the agency. Being confronted, the therapist pointed the finger back and accused her of false things and refused to see her again.</p>
<p>We would like to know if there are laws and regulations applicable in this situation. Are there federal level regulations applicable in this situation? The agency is responding indifferently. We are considering filing a complaint with the state board of psychology. We found several possible names on the state's professional licensing website, but can't be sure which one is the therapist, since the therapist keeps her full name from us.</p>
| 34,095 | [
{
"answer_id": 34102,
"body": "<p>We're missing a lot of information that we'd need to offer a full answer. Here are some of the things that will probably drive the analysis:</p>\n\n<ul>\n<li>the type of counselor we're talking about;</li>\n<li>the types of information the counselor disclosed;</li>\n<li>the... | [
"united-states",
"georgia",
"confidentiality",
"fiduciary-duties"
] |
Why aren't post-mortem records protected by HIPAA? | 1 | https://law.stackexchange.com/questions/33234/why-arent-post-mortem-records-protected-by-hipaa | CC BY-SA 4.0 | <p>Looking at the question <a href="https://law.stackexchange.com/q/33230/11130">Why are toxicology reports made public?</a> and the answer provided, I have to wonder why aren't such records (autopsy results, toxicology reports, etc.) covered by HIPAA? </p>
<p>Looking at <a href="https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html" rel="nofollow noreferrer">HHS.Gov</a> it reads:</p>
<blockquote>
<p>The HIPAA Privacy Rule protects the individually identifiable health information about a decedent for 50 years following the date of death of the individual.</p>
</blockquote>
<p>and yet autopsy and toxicology reports are treated as 'public record'.</p>
| 33,234 | [
{
"answer_id": 33239,
"body": "<p>HIPAA applies only to specified entities(see <a href=\"https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIPAA-ACA/AreYouaCoveredEntity.html\" rel=\"nofollow noreferrer\">https://www.cms.gov/Regulations-and-Guidance/Administrative-Simplification/HIP... | [
"united-states",
"hipaa",
"public-records"
] |
Can i create a software which can store doctor prescription? | 1 | https://law.stackexchange.com/questions/33060/can-i-create-a-software-which-can-store-doctor-prescription | CC BY-SA 4.0 | <p>I have developed a software which can store doctors prescription digitally. wondering if there would any legal complications on it. Any laws preventing that sort of software/practice in united states. </p>
<p>the user basically would manually re-enter what is in prescription into this app.</p>
| 33,060 | [
{
"answer_id": 33065,
"body": "<p>Your basic regulatory umbrella for anything that stores, transmits or interacts with any private health information or health IT systems is <a href=\"https://www.hhs.gov/hipaa/index.html\" rel=\"nofollow noreferrer\">Health Information Privacy | HHS.gov</a>, as well as stat... | [
"united-states",
"software",
"health"
] |
Financial Debt Transaction question, Compliance/accounting laws | -1 | https://law.stackexchange.com/questions/30672/financial-debt-transaction-question-compliance-accounting-laws | CC BY-SA 4.0 | <p>I am an IT Database person at our company. Our company does not have a financial transaction interactive program for business users, to log customer debt payments or debt increases. So they are requesting me to become a bookkeeper/and manually log transactions with SQL statements (SQL is a database programming language). I have to log transactions with funky code into a database, </p>
<p>(a) Is this even legal? I have to log 1000+ transactions in a month, and if I mess up, my boss gets angry, I am not a bookkeeper. I doubt this even abides my financial compliance/GAAP accounting laws, etc.
(b)Just curious what my legal rights are if they ever try to fire people over this?</p>
| 30,672 | [
{
"answer_id": 30677,
"body": "<blockquote>\n<p>a) Is this even legal? I have to log 1000+ transactions in a month,\nand if I mess up, my boss gets angry, I am not a bookkeeper.</p>\n</blockquote>\n<p>No occupational licenses are required to be a bookkeeper. Unless you have a contract with your employer or ... | [
"california",
"finance",
"debt"
] |
Picture of a receipt from a Doctor | 2 | https://law.stackexchange.com/questions/28308/picture-of-a-receipt-from-a-doctor | CC BY-SA 4.0 | <p>I had to go several rounds with a doctor's office about them not taking my insurance and them assuring me that the copay would be a certain amount. They then charged me 20x the quoted amount. I didn't have documentation of the quote which is admittedly my fault. Lesson learned, not going back to that office and getting documented quotes in the future. </p>
<p>My issue is that the only way I could pay the bill was to call them over the phone to provide credit card information. I asked for a receipt and the office emailed me a picture of an analog receipt that looked like it came from a cash register with my name scribbled on it. All infosec issues aside this doesn't seem like a legally binding document and it is making me very concerned especially since I am pretty sure I will want to file my taxes with this as a non reimbursed medical expense. Will the IRS take this as a legitimate receipt of medical services rendered? Are their reporting laws around this? </p>
<p>The services were rendered in New York State. </p>
| 28,308 | [
{
"answer_id": 28311,
"body": "<h1>Is It Legally Binding?</h1>\n<p>While their customer service sucks, your oral authorization of the charge is legally binding (I take payments that way almost every day in my own business, it isn't an unusual business practice in small professional businesses). You authoriz... | [
"tax-law",
"new-york-state",
"medical",
"hipaa"
] |
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