question_title stringlengths 15 182 | score int64 -12 227 | link stringlengths 57 135 | license stringclasses 2
values | question_body stringlengths 38 15.9k | question_id int64 1 94.7k | answers list | tags list |
|---|---|---|---|---|---|---|---|
Can a health provider (physical or mental) contact my family to ask them questions without my permission? | 2 | https://law.stackexchange.com/questions/32698/can-a-health-provider-physical-or-mental-contact-my-family-to-ask-them-questio | CC BY-SA 4.0 | <p>Can a health provider (physical or mental) contact my family to ask them questions about me without my consent? Can they do it if they don't disclose their reasoning or any medical information and just start asking them questions?</p>
<p>For example, contacting your family and asking them if they have noticed certain symptoms you may have.</p>
| 32,698 | [
{
"answer_id": 32708,
"body": "<p>I'm an emergency medical technician in Vermont. In an emergency, information may be shared with anyone likely to be able to help. For example, I knock on a door and ask</p>\n\n<p>\"Did you call for an ambulance?\"</p>\n\n<p>\"No.\"</p>\n\n<p>\"Is this 178 Lake drive?\"</p>\... | [
"united-states",
"privacy",
"medical",
"health"
] |
Can I be sued for failing to secure an email I didn't request? | 5 | https://law.stackexchange.com/questions/27024/can-i-be-sued-for-failing-to-secure-an-email-i-didnt-request | CC BY-SA 4.0 | <p>I work for a company that services schools across the US and we receive email communications from them all the time.</p>
<p>On occasion I receive emails with blocks such as the following in their signatures:</p>
<blockquote>
<p>PRIVACY & CONFIDENTIALITY OF INFORMATION NOTICE: This communication may contain non-public, confidential, or legally privileged information intended for the sole use of the designated recipient (s). If you are not the intended recipient, or have received this communication in error, please notify the sender immediately by reply e-mail or by telephone and delete all copies of the communication, including attachments, without reading them or saving them to disk. If you are the intended recipient, you must secure the contents in accordance with all applicable state or federal requirements related to the privacy and confidentiality of information, including the FERPA and HIPAA Privacy guidelines.</p>
<p>Under Florida law, e-mail addresses, and all forms of communications,
including e-mail communications, made or received in connection with
the transaction of School Board business are public records, which
must be retained as required by law and must be disclosed upon receipt
of a public records request, except as may be excluded by federal or
state laws. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to
this entity. Instead, contact this office by phone.</p>
</blockquote>
<p>My question regards the tail ends of both paragraphs. In both cases is appears that I'd be subject to binding by law or reductions in my privacy due to an email I may never have requested. In particular the first paragraph suggests that a public entity could contact me(provided they intended to) and I can then become responsible for securing the contents of an email I may never have requested or anticipated.</p>
<p>The second paragraph seems to suggest that my email address could become public record if I responded to a message sent in error(it lacks the clause about intended recipient). It seems backwards to make my information public based on interacting <em>at all</em> with the sender of an email I received.</p>
<p>The precise question is this: Can this school cause me to come under the authority of Florida public records law or make me subject to disclosure agreement regarding the information simply by sending it to me? Is there any requirement for at least implied consent?</p>
<p>(In case it matters, I don't have any great need to do so, I'm just curious at the presumptive language used in the notice).</p>
<p>Edit: The linked answer provides information for one of the clauses and suggests a possible answer for the rest, but doesn't provide for the disclosure clause regarding my own email. I've edited the question to try to twine them together more clearly. The whole concern is the ability of another entity to essentially opt me into an agreement, wherein the only real consent is opening a communication I received to see what it might be.</p>
| 27,024 | [
{
"answer_id": 27047,
"body": "<p>The second paragraph actually says that your e-mail address <em>will</em> become public record if you send an e-mail message to them. That's because there's a Florida law that requires this. If you want to communicate with the school without your e-mail address appearing ... | [
"united-states",
"email"
] |
Can a U.S. business store mail on a server outside the U.S.? | 1 | https://law.stackexchange.com/questions/26432/can-a-u-s-business-store-mail-on-a-server-outside-the-u-s | CC BY-SA 3.0 | <p>If you are a business incorporated/registered in the US, is it currently (Feb. 28 2018) legal to store emails on mail servers outside the US?</p>
| 26,432 | [
{
"answer_id": 26487,
"body": "<p>In the absence of national security concerns, it is legal to store emails on mail servers outside the US. This is true <a href=\"https://law.stackexchange.com/questions/25636/for-hipaa-does-us-patient-data-have-to-stay-on-us-servers/25692#25692\">even of information protect... | [
"united-states",
"international",
"jurisdiction",
"data-storage"
] |
what are the fines for negligent administration of social security numbers? | 2 | https://law.stackexchange.com/questions/25025/what-are-the-fines-for-negligent-administration-of-social-security-numbers | CC BY-SA 4.0 | <p>Years ago (about 2001) I read a USC statute that stated that the fine for negligent storage of social security number could result in a $10k 'per record' fine.</p>
<p>I have been looking for this USC or anything like it now and find nothing.</p>
<p>What is the CFR code or USC federal statute that implements a fine for negligent storage social security numbers (private personal data) on a database or computer, especially pertaining to HIPAA?</p>
| 25,025 | [
{
"answer_id": 25026,
"body": "<p>It's hard to prove nonexistence when it comes to federal law, but as far as I can tell there is no federal fine for negligently storing a social security number. States are another matter, though most state laws pertain to sending material with a social security number on i... | [
"us-constitution",
"federal-courts",
"statutes",
"digital-forensics"
] |
Can HIPAA be waived by contract with doctor and what constitutes one's 'medical status'? | 3 | https://law.stackexchange.com/questions/15408/can-hipaa-be-waived-by-contract-with-doctor-and-what-constitutes-ones-medical | CC BY-SA 4.0 | <p>I was at a doctor’s office, and in all of those forms was something that said something along the lines of <code>I authorize the doctor to discus my medical status as his patient with government agencies.</code> However, I know that I would generally need to authorize such a release of my medical records. Does this actually void such rights?</p>
<p>When I go to <a href="http://www.hhs.gov/hipaa/for-individuals/notice-privacy-practices/" rel="nofollow noreferrer">http://www.hhs.gov/hipaa/for-individuals/notice-privacy-practices/</a> , it explains that</p>
<blockquote>
<p>Signing [a doctor's privacy policy] does not mean that you have agreed to any special uses or
disclosures (sharing) of your health records.</p>
</blockquote>
<p>However, this wasn't a privacy policy. It was on the same page as other legal clauses about arbitration in the event of a dispute, etc...</p>
<p>I suppose this is a two-part question: </p>
<p>1) Does "medical status" include past diagnoses that are no longer being treated by the doctor? (Eg. suppose someone has arthritis but is no longer treated for it by the doctor. Is this medical history part of their "medical status"?)</p>
<p>2) Does signing such a release actually allow the doctor to release such records without additional consent?</p>
| 15,408 | [
{
"answer_id": 15418,
"body": "<p><a href=\"http://www.ecfr.gov/cgi-bin/text-idx?SID=cd65fda336073127c9ca168b477e414e&mc=true&node=sp45.1.164.e&rgn=div6\" rel=\"nofollow noreferrer\">HIPAA privacy regulations</a> do not rely on the term \"status\", but it is used as an ordinary-language way of t... | [
"contract-law",
"privacy",
"health"
] |
What determines the valid jurisdiction for a subpoena for written information collected by a 3rd party who has connections to multiple jurisdictions? | 1 | https://law.stackexchange.com/questions/14758/what-determines-the-valid-jurisdiction-for-a-subpoena-for-written-information-co | CC BY-SA 3.0 | <p>Which of the following affect the valid jurisdiction:</p>
<ul>
<li>The location of the collecting party?
<ul>
<li><em>What if the party (resides/does business/practices/is licensed) in more than one state?</em></li>
</ul></li>
<li>The location where the information was collected?
<ul>
<li><em>What if it was collected via some form of telecommunication from parties in other locations?</em></li>
</ul></li>
<li>The location where the information is stored?
<ul>
<li><em>What if it is stored in an online cloud service, where the physical location(s) of the data may not be easily determined or may change at
any time?</em></li>
</ul></li>
<li>The party holding the information, if it is different from
the collector (e.g. an archival service)?</li>
</ul>
<p>If more than one of these factors is relevant, does one take precedence? Can there be multiple valid jurisdictions?</p>
<p>If the type of information being subpoenaed is pertinent, I'm specifically interested in the case of mental health records, but if there is a general case that is the same or similar, please discuss that too, pointing out any differences.</p>
<p>If the answer is different for state vs. federal law, please point out the differences, where possible.</p>
<p>EDIT: Just to clarify, this is a theoretical question. I am researching the extents to which the protections on <em>protected health information (PHI)</em> in the United States can be overridden in legal actions, and how that varies with location, especially in the context of today's connected society.</p>
<p>From Dale M's answer below, it appears this is not clear cut, so it would be useful if anyone can provide citations relevant to the subpoena of medical and mental health records, especially in situations where:</p>
<ul>
<li>The medical professional who generates the records in licensed in
more than one state</li>
<li>The medical professional who generates the
records practices in more than one state</li>
<li>The patient saw the medical
professional at his/her practice in state A, but the patient resides
in state B</li>
<li>The records are stored with a third party in one or more
states other than that of the medical professional</li>
</ul>
| 14,758 | [
{
"answer_id": 14765,
"body": "<p>Typically, a person (including a corporate person) is subject to a jurisdiction if they have a connection to it. Doing business within it is certainly a connection, so the jurisdictions of the business and the customer are both applicable. Similarly, where the information i... | [
"united-states",
"jurisdiction",
"discovery"
] |
Do parents have access to an adult child's childhood medical records | 3 | https://law.stackexchange.com/questions/74272/do-parents-have-access-to-an-adult-childs-childhood-medical-records | CC BY-SA 4.0 | <p>After my child turns 18, I know I am blocked from seeing any new medical records, unless they give explicit permission. However, does that mean I am blocked from their pediatric medical records?</p>
<p>Their pediatric provider sent me their complete vaccination record for our records, but they are now over 18. Is this a violation of HIPAA? I tried reading the rules and regulations, but I couldn't parse out this situation. If it is a violation, can you point at the regulation?</p>
<p>If it is a violation, I'd like to inform the provider, so they don't continue this mistake.</p>
<p>(To be clear, I have a release, and permission from our adult child, but the provider wouldn't know that.)</p>
| 74,272 | [
{
"answer_id": 93044,
"body": "<p>Late to the party, but I'll answer anyways.</p>\n<p>In general, providers have a lot of wiggle room when sharing information with parents, on condition that the patient hasn't explicitly objected despite having opportunity to do so. HIPAA allows the provider to make a judg... | [
"hipaa"
] |
Lost merchandise: Replacement or refund | 1 | https://law.stackexchange.com/questions/92528/lost-merchandise-replacement-or-refund | CC BY-SA 4.0 | <p>Bob ordered something on eBay from a seller and wins the auction for £40. The item is in good condition but more usually goes for closer to £150. Perhaps it has some uncommon quality that especially suits Bob but not others thus making it more expensive (like a phone locked to what is incidentally his favoured network) or perhaps it just happened to go for less by a fluke of luck but in any case Bob spent a fair bit of effort monitoring the market for the product he wanted at a favourable price.</p>
<p>He orders it and the seller posts it to an eBay product collection point, and Bob gets notified that it has been received thereby and thus is ready for him to collect.</p>
<p>Bob goes to the pickup location which is inside a partner business like an Argos but they say they cannot find it anywhere given the collection code or Bob’s name as an addressee.</p>
<p>This is apparently Argos’s failure but they say to speak to eBay. Bob clicks the item not arrived button on eBay which caused consternation for the seller who immediately posts their proof of posting in defense.</p>
<p>Firstly should Argos or eBay be the subject of the question?</p>
<p>And secondly, surely Bob would be entitled to a refund, presumably from eBay or possibly Argos, and one would hope not the seller, but does that really compensate Bob? When is another bargain like that for the item he wanted going to come along again? Most products are more expensive or they are locked to a different network or they are designed for right handed individuals etc so none really suit him and rarely for the price of £40.</p>
<p>Who is liable and are they liable for a replacement or a refund?</p>
| 92,528 | [
{
"answer_id": 92530,
"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>Common-law remedy: expectation dam... | [
"england-and-wales",
"any-jurisdiction",
"ecommerce"
] |
NYC Warranty Deed - minimum documentation required for transfer to LLC | 2 | https://law.stackexchange.com/questions/92509/nyc-warranty-deed-minimum-documentation-required-for-transfer-to-llc | CC BY-SA 4.0 | <p>I have the need to transfer an apartment my wife and I own Fee Simple to a Multi-member LLC whose members are currently the two of us. I have prepared a standard Warranty Deed to do the transfer and we are both in agreement.</p>
<p>While other states I have done this with require simply an executed notarized Warranty Deed (MD, CO), NYC's ACRIS system requires a long list of documents, not all of which seem to apply to this transfer:</p>
<p>22 pages of forms:</p>
<ul>
<li>Affidavit of smoke detector (notarized 1)</li>
<li>Tax form 584</li>
<li>Tax form IT-2663 (for non-residents in our case)</li>
<li>Water utility form</li>
<li>Transfer form 5217 (notarized 2)</li>
<li>LLC member list</li>
<li>Warranty Deed (notarized 3)</li>
</ul>
<p>The final three items make sense. The others seem like an undue burden given the tax owed is $0 as there is no "purchase" happening. Finally NYC charges by the page, so with Notary charges, the cost comes to almost $300.</p>
<p>I wonder if anyone has a sense of the "Minimum paperwork" required for acceptance in this case, which I would imagine is quite common.</p>
<h3>Update</h3>
<p>We completed the transfer using ACRIS, and in the end paid the $300 and filed all forms above (including the important TP-584.1 with Schedule F "Mere change of form of ownership" which I had forgotten initially).</p>
<p>This transaction cost is still much less than if done by a third party professional.</p>
<p>Some tips:</p>
<ul>
<li>Ensure signatures are written in black ink (ACRIS uses a system to automatically process forms, which has trouble with blue ink).</li>
<li>The rejecteddocuments@finance.nyc.gov admins were very helpful resolving reasons for my initial rejection.</li>
<li>If rejected you do not need to re-pay, simply create a new "Cover Page" and retrieve your old "Tax transaction" on the first screen. All fields are repopulated and on the last screen you can upload your amended documents and resubmit.
<ul>
<li>In Computer-Science terms, the "Tax transaction" is the primary key. The ACRIS Cover Page serves as an instance of submission.</li>
</ul>
</li>
</ul>
<p>I still do not know the minimal document list needed, so will leave the question open.</p>
<p>@ohwilleke's answer below is informative, but addresses only the recorded document (Warranty Deed or alternatives), and only partially the "minimial documentation required" (as he also points out), so will leave this question as unanswered.</p>
<p>Best of luck to others. I believe law is for citizens, and should be comprehensible and its processes and practice be accessible, especially for simple transactions such as this. I appreciate the existence of this StackExchange, and hope it grows!</p>
<p>NOTES</p>
<ol>
<li>ACRIS reference, follow "Record New Document" section here <a href="https://portal.311.nyc.gov/article/?kanumber=KA-01665" rel="nofollow noreferrer">https://portal.311.nyc.gov/article/?kanumber=KA-01665</a></li>
</ol>
| 92,509 | [
{
"answer_id": 92555,
"body": "<p>This is only a partial answer.</p>\n<h3>Types of deeds and what they mean</h3>\n<p>Normally, a related party transfer to a limited liability company would be done via a quitclaim deed (more often) or a bargain and sale deed (less often), rather than a warranty deed.</p>\n<p... | [
"tax-law",
"real-estate",
"limited-liability-company",
"new-york-city"
] |
How would members of a convention for amending the Constitution be chosen? | 7 | https://law.stackexchange.com/questions/93287/how-would-members-of-a-convention-for-amending-the-constitution-be-chosen | CC BY-SA 4.0 | <p>Constitution of the United States, Article V:</p>
<blockquote>
<p>The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments</p>
</blockquote>
<p>How would the members of such a convention be chosen?</p>
| 93,287 | [
{
"answer_id": 93288,
"body": "<p>The method of proposing an amendment by way of Convention <a href=\"https://constitution.congress.gov/browse/essay/artV-3-1/ALDE_00013049/\" rel=\"noreferrer\">has never been used</a>. Thus, procedural aspects such as how members of such a convention would be chosen have al... | [
"us-constitution"
] |
What is Jurisprudence? | 7 | https://law.stackexchange.com/questions/60220/what-is-jurisprudence | CC BY-SA 4.0 | <p>I am a Law Student in Greece trying to understand what Law is a what Jurisprudence is and what the jurisprudential method of thinking is.</p>
<p>What is Jurisprudence; what is its object of study, what are we analysing?</p>
<p>Many people say that Jurisprudence is not the same as Law. Law is the system (not the agreggation of rules but the mental abstraction, their method) of rules and Jurisprudence is the analysis, the study.</p>
<p>Analysis is the syllogistic method with which the individual elements of a phenomenon or a mental abstraction are isolated, to be studied separetely and interpreted.</p>
<p>Study is the mental work, especially meticulous and systematic reading, with the aim of understanding or interpreting a determined object.</p>
<p>Object is anything that is related to something else mainly as its cause or aim.</p>
<p>Is Jurisprudence the study or the analysis of Law's interpretation (Law's interpretation being the aim of Jurisprudence)? How can we study and interpret a mental abstraction?</p>
| 60,220 | [
{
"answer_id": 73697,
"body": "<p><strong>Legal Theory and Philosophy of Law</strong></p>\n<p>There are two different meanings of the word <strong>Jurisprudence</strong></p>\n<ol>\n<li><p>A heavy word for the study or knowledge of the law. If a judge or law lecturer were to refer to "the role of freedo... | [
"legal-concepts",
"civil-legal-system",
"jurisprudence",
"theory-of-law",
"natural-law"
] |
What enforcement action can be taken against a small claims court respondent? | 2 | https://law.stackexchange.com/questions/92675/what-enforcement-action-can-be-taken-against-a-small-claims-court-respondent | CC BY-SA 4.0 | <p>I recently applied for <a href="https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-court-rules/simple-procedure-rules" rel="nofollow noreferrer">Simple Procedure</a> (Form 3A) against respondent X at Edinburgh Sheriff Court. (My claim was initiated prior to 31 May 2023.) X did not respond by the deadline. Then I submitted an Application for Decision (Form 7A). As a result the Sheriff Court issued a Decision Form (13A) in early April 2023, ordering X to pay me a sum of money. But X still has not responded.</p>
<p>What are my options now? I looked through the guidelines (especially Part 15) but I'm not sure of the best way to proceed.</p>
| 92,675 | [
{
"answer_id": 92676,
"body": "<p>At this point, since it's been more than four weeks since the order was issued, you are able to enforce the order. The delay is just to allow appeals or corrections. It is up to you to arrange enforcement, so at a high level your choices are to do nothing, or to proceed. If... | [
"united-kingdom",
"small-claims-court",
"scotland"
] |
What is the legal basis for judges being able to see classified material? | 18 | https://law.stackexchange.com/questions/93214/what-is-the-legal-basis-for-judges-being-able-to-see-classified-material | CC BY-SA 4.0 | <p><a href="https://en.wikipedia.org/wiki/Marcy_Wheeler" rel="nofollow noreferrer">Marcy Wheeler</a>, in her emptywheel Twitter account, recently <a href="https://twitter.com/emptywheel/status/1669030049025073178?s=20" rel="nofollow noreferrer">tweeted</a>:</p>
<blockquote>
<p>I addressed this question in this post. No, Cannon does not need a
clearance. Her access comes via dint of her responsibilities, just
like Members of Congress who need to access classified information do.
They ALSO do not get clearances.</p>
</blockquote>
<p>But what is the exact legal basis for this? Clearly it can't be the case that every federal judge has the right to see all classified material no matter what classification it has (eg Top Secret/SCI etc.)</p>
| 93,214 | [
{
"answer_id": 93224,
"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",
"rules-of-court",
"judge",
"secret"
] |
Does one need to pay sales tax for the vehicle? | 7 | https://law.stackexchange.com/questions/93244/does-one-need-to-pay-sales-tax-for-the-vehicle | CC BY-SA 4.0 | <p>This is a hypothetical situation. John owns a vehicle worth $5000. John gave this vehicle to his friend David for free and one week later, David gave John a $5000 monetary gift for John's birthday.</p>
<p>In this scenario, is it lawful for David not to pay sales tax for this vehicle as they both agree that the selling price for the vehicle is $0?</p>
| 93,244 | [
{
"answer_id": 93246,
"body": "<h2>If the situation described is accurate, then maybe</h2>\n<p>First, let's deal with the implicit assumption that sales tax is not payable on gifts. Whether that is true or not depends on the law in your jurisdiction.</p>\n<p>For example, in <a href=\"/questions/tagged/austr... | [
"united-states",
"tax-law",
"vehicle"
] |
Does double jeopardy apply if you commit the same crime twice? | -4 | https://law.stackexchange.com/questions/93210/does-double-jeopardy-apply-if-you-commit-the-same-crime-twice | CC BY-SA 4.0 | <p>Suppose someone were to rob a convenience store, be charged with robbery, then be found not guilty in court. After they are found innocent, that same person robs the same convenience store again. Would that person be protected from a charge of the same law by rule of double jeopardy?</p>
| 93,210 | [
{
"answer_id": 93212,
"body": "<p>No. Double jeopardy would not apply.</p>\n<p>You can't be prosecuted twice for committing the same (or a lesser included crime) arising from the same incident twice.</p>\n<p>If you commit a new crime you can be prosecuted for that new offense, even if you were acquitted of ... | [
"united-states",
"fifth-amendment",
"double-jeopardy"
] |
Is the purchaser of a company responsible for guarantees made by the seller of the company, if it is Not specified in the contract of sale? | 2 | https://law.stackexchange.com/questions/93278/is-the-purchaser-of-a-company-responsible-for-guarantees-made-by-the-seller-of-t | CC BY-SA 4.0 | <p>If company A sold its business to company B, which company, A or B is responsible for "service guarantees" made by company A in the event the contract of sale does not address this matter? Company B will not take responsibility for the cost of labor Guaranteed by company A and is billing clients. Company A no longer exists, and the client is Sueing company B. The companies are in New Jersey. Please advise.</p>
| 93,278 | [
{
"answer_id": 93281,
"body": "<p>Obligations are between the customer and A. That does not change as long as A and B remain separated entities (i.e. there is no merger) or there is some kind of contract that alters it.</p>\n<p>There are lots of variations. Did A separate those operations into C (at some po... | [
"liability"
] |
When is a letter "mailed or delivered"? | 1 | https://law.stackexchange.com/questions/93266/when-is-a-letter-mailed-or-delivered | CC BY-SA 4.0 | <p>I am a PA resident and purchased the services of a career service company based in FL for 5k. The payments were deferred for the first month, so I have neither made any payments nor received any services from them. I decided to cancel on the second day after some unexpected news changed my financial situation.</p>
<p>The contract had a part about recission:</p>
<blockquote>
<p>Customer may rescind this Agreement, without any penalty or obligation, within three (3) business
days after the signing this Agreement. To do so, Customer must mail or deliver a signed and dated copy of
the cancellation notice found at the end of the signed version of this Agreement, or any other written notice
of cancellation, or send a telegram containing a notice of cancellation to XYZ no later than midnight of the date of this Agreement.</p>
</blockquote>
<p>The contract had a notice of cancellation attached and said</p>
<blockquote>
<p>You may cancel this transaction, without any penalty or obligation, within three business days from the
above date.</p>
</blockquote>
<p>Later in the notice of cancellation,</p>
<blockquote>
<p>To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other
written notice, or send a telegram, to XYZ not later than midnight of 6/18/23</p>
</blockquote>
<p>The above date mentioned was listed as 6/15. 6/16, I notified them via email, phone call, and sent a 1-day shipping printed, signed and dated copy of the notice of cancellation. However, the company uses a rented mailbox service which won't be open until Mon. 6/19 (which happens to be a new federal holiday).</p>
<p>I have three questions:</p>
<ol>
<li>What is the correct date of "three business days?" Excluding weekends and federal holidays, it appears that three business days would be Wed. 6/21!</li>
<li>What is the date the notice is "mailed or delivered?" Is it the postmark date or the date that it shows up in their mailbox? It will be delivered 6/17, but they wouldn't receive it until 6/19 at the earliest.</li>
<li>Will I still be on the hook for payments due to a typo in their notice of cancellation stating 6/18 was three business days ahead?</li>
</ol>
| 93,266 | [
{
"answer_id": 93280,
"body": "<p>The reason for the "mail or deliver" language is that it encompasses the possibility that you walk into the company's offices and hand an employee there the required notice letter, without using the postal system. The date "mailed or delivered" is the po... | [
"united-states",
"contract-law",
"business",
"consumer-protection",
"mail"
] |
Force allowed against pickpocket | 1 | https://law.stackexchange.com/questions/93261/force-allowed-against-pickpocket | CC BY-SA 4.0 | <p>If a victim catches a pickpocket in the act, what degree of force is legally justified by the victim against the pickpocket, given that pickpockets do not usually pose a threat of violence, but the victim wants their property back?</p>
<p>Can the victim grab, tackle, or punch the pickpocket? Can the victim say, "Give back my wallet or I will punch you"? Can the victim shoot the pickpocket and claim heat of passion as a defense? Does the answer vary depending on which of the two people would be at an advantage in a physical confrontation, based on size, age or gender?</p>
| 93,261 | [
{
"answer_id": 93269,
"body": "<p><a href=\"/questions/tagged/colorado\" class=\"post-tag\" title=\"show questions tagged 'colorado'\" aria-label=\"show questions tagged 'colorado'\" rel=\"tag\" aria-labelledby=\"tag-colorado-tooltip-container\">colorado</a></p>\n<p>In the U.S., this is larg... | [
"united-states",
"theft",
"use-of-force",
"reasonableness",
"self-defence"
] |
Is it legal for employers to charge for training if you leave too soon? | 3 | https://law.stackexchange.com/questions/93273/is-it-legal-for-employers-to-charge-for-training-if-you-leave-too-soon | CC BY-SA 4.0 | <p>Apparently, some employers are requiring new employees to sign a contract that says, “We will provide training. You must work here for at least N months. If you leave before that, you will have to pay us back $XXXX for the training.</p>
<p>Are these contracts enforceable? Some people claim that they are a form of indentured servitude and that this is illegal in the US.</p>
| 93,273 | [
{
"answer_id": 93274,
"body": "<p>There is a reason these are commonly called "TRAP"s (<strong>T</strong>raining <strong>R</strong>epayment <strong>A</strong>greement <strong>P</strong>rovision). These agreements don't just protect the employer from paying for training that an employee can use el... | [
"united-states",
"employment",
"oregon"
] |
What does it mean to "prefer" a lawsuit, and how is it different from filing? | 3 | https://law.stackexchange.com/questions/93271/what-does-it-mean-to-prefer-a-lawsuit-and-how-is-it-different-from-filing | CC BY-SA 4.0 | <p>In <a href="https://www.huffpost.com/entry/after-19year-probe-feds-k_b_8443130" rel="nofollow noreferrer">an article</a> quoted by <a href="https://skeptics.stackexchange.com/questions/55727/did-the-aclu-prepare-a-lawsuit-against-the-young-womens-leadership-school-of-ea">a recent Skeptics.SE answer</a>, there is the following sentence:</p>
<blockquote>
<p>We had <strong>preferred</strong> but couldn't file a lawsuit because no boy presented himself as a plaintiff for admission to the Young Women's Leadership School.</p>
</blockquote>
<p>Commenters were wondering about the meaning of "preferred". It could be a typo for "prepared", or a grammatical error in saying that they preferred <em>to</em> file a lawsuit. But "prefer" also seems to have a technical legal meaning, e.g. <a href="https://en.wiktionary.org/wiki/prefer" rel="nofollow noreferrer">Wiktionary</a> has "To present or submit (something) to an authority (now usually in 'to prefer charges')". However, that would seem at first glance to correspond to <em>filing</em> the lawsuit, which is just what the author said they could not do. So maybe there are separate steps involved?</p>
<p>Can someone explain what is probably meant by this passage? What specific steps toward a lawsuit is the author saying that the plaintiffs took, and which steps were they unable to take?</p>
<p>The article's author is a lawyer, so I would assume by default that they are familiar with the terms, and that the usage is deliberate instead of a mistake. The lawsuit in question would have been in US federal court.</p>
| 93,271 | [
{
"answer_id": 93272,
"body": "<p>The word is not being used in the technical sense here, and is not a mistake.</p>\n<p>The legal term you are thinking that they might have been intending to use is "<a href=\"https://www.merriam-webster.com/dictionary/proffer\" rel=\"nofollow noreferrer\">proffered</a>... | [
"united-states",
"legal-terms",
"civil-rights"
] |
Copyright status of a letter on U.S. Senator's letterhead | 3 | https://law.stackexchange.com/questions/93221/copyright-status-of-a-letter-on-u-s-senators-letterhead | CC BY-SA 4.0 | <p>Under <a href="https://www.law.cornell.edu/uscode/text/17/105" rel="nofollow noreferrer">17 USC 105</a>, there is no copyright protection for a "work of the United States Government," which <a href="https://www.law.cornell.edu/uscode/text/17/101" rel="nofollow noreferrer">17 USC 101</a> defines as "a work prepared by an officer or employee of the United States Government as part of that person’s official duties."</p>
<p>What would be the copyright status of a letter written to a private individual by a U.S. senator on official letterhead? Assume that the subject matter is not any official act of government, but falls under the category of constituent relationship building and getting re-elected.</p>
<p>I'm guessing the senator would hold copyright, but I wonder if anyone knows for sure.</p>
| 93,221 | [
{
"answer_id": 93240,
"body": "<p>The Copyright Office has determined, in <a href=\"https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf\" rel=\"nofollow noreferrer\">chapter 300</a> of the <em>Compendium of U.S. Copyright Office Practices,</em> on page 36, that the copyright bar exten... | [
"copyright"
] |
Security clearance of police officers | 4 | https://law.stackexchange.com/questions/93247/security-clearance-of-police-officers | CC BY-SA 4.0 | <p>My question is inspired by <a href="https://law.stackexchange.com/questions/93214">this one</a>, but it’s not the same.</p>
<p>It is my understanding that the federal law-enforcement officers who seized the boxes of documents held by “45” expected to find some papers that were confidential, secret, or top secret, eyes only, etc. So, I can understand that <em>some</em> form of security clearance was given to them, as explained in the answers to the above-mentioned question.</p>
<p>But let’s imagine, for the sake of argument, that law-enforcement officers had been exerting a warrant <strong>for a different reason</strong> than looking for classified documents—let’s say they had been looking for illegal drugs—but then stumbled upon them while performing their search for said drugs. Let’s even say the drugs were hidden in the same boxes.</p>
<p>Heck, for the sake of argument, let’s say a John Doe with some moral conscience had stumbled upon the documents, for example while using the washroom where they were hidden.</p>
<p>My question is thus: Would these law-enforcement officers or John Doe be “forgiven” from seeing the classified documents? It’s not like they <em>knew</em> there were classified documents there, and they just stumbled upon them…</p>
<p>What would happen to them, legally?</p>
| 93,247 | [
{
"answer_id": 93260,
"body": "<p>There is nothing to forgive.</p>\n<p>The question presupposes that it is a crime to lay eyes on classified information. Crimes related to classified information generally have an element of intent. For example, from <a href=\"https://www.law.cornell.edu/uscode/text/18/793... | [
"united-states",
"criminal-law",
"us-federal-government",
"confidentiality",
"secret"
] |
Does banning someone require any formalities? | 3 | https://law.stackexchange.com/questions/93217/does-banning-someone-require-any-formalities | CC BY-SA 4.0 | <p>For example, to be banned from a store that the public is allowed into, does a manager speaking the words "you're banned" count as enough? Is any sort of documentation required? Does it make a difference if there's a reason and if the person is already in the store?</p>
| 93,217 | [
{
"answer_id": 93219,
"body": "<h2>No</h2>\n<p>Once a person in control of a property has withdrawn your permission to be there, you must leave as soon as practicable or become a trespasser.</p>\n",
"score": 4
},
{
"answer_id": 93228,
"body": "<p>No. All that matters is that the individual i... | [
"canada",
"private-property"
] |
What laws prohibit the importation of pornography into the US? | 4 | https://law.stackexchange.com/questions/93166/what-laws-prohibit-the-importation-of-pornography-into-the-us | CC BY-SA 4.0 | <p>I don't quite understand why in the San Francisco Airport, when people land, the sign says, "No pornography is allowed to be brought into the US", when you can leave the airport, drive 15 minutes to an adult video shop and put in coins and watch all you want, or go to a hotel 10 minutes away and also watch hundreds of pornography videos for $9.99 each.</p>
<p>Also, people can go home, and order pornography subscriptions either from a US company or from a foreign company using the internet.</p>
<p><strong>What law does this sign refer to?</strong></p>
| 93,166 | [
{
"answer_id": 93169,
"body": "<p>This refers to the prohibition found at <a href=\"https://www.law.cornell.edu/uscode/text/19/1305\" rel=\"nofollow noreferrer\">19 U.S. Code § 1305</a></p>\n<blockquote>\n<p>(a) <strong>Prohibition of importation</strong></p>\n<p>All persons are prohibited from importing in... | [
"united-states",
"pornography",
"customs-law",
"import"
] |
How can Patient get a compounded medication tested, to determine if it was negligently compounded? | 0 | https://law.stackexchange.com/questions/93198/how-can-patient-get-a-compounded-medication-tested-to-determine-if-it-was-negli | CC BY-SA 4.0 | <p>A physician prescribed his lay Patient a medication that must be compounded. After consuming this medication, Patient suffered atypical serious side effects. After examination, a physician reckons that the end product may not match his prescription, and the Compounding Pharmacy may be negligent. Here is <a href="https://www.myopiaprofile.com/does-low-dose-atropine-cause-blurry-vision" rel="nofollow noreferrer">one real life example</a>.</p>
<blockquote>
<p><strong>Incorrect dispensing.</strong> A key consideration is a pharmacy dispensing error. In Australia, a <a href="https://www.optometry.org.au/patient_care_management/optometrists-urged-to-write-must-be-compounded-on-atropine-scripts-to-avoid-dispensing-errors/" rel="nofollow noreferrer">number of cases were reported in 2018 and 2019</a> where 1% atropine was dispensed to children where 0.01% atropine had been prescribed. In response, Optometry Australia recommended that atropine prescriptions include the specific note 'MUST BE COMPOUNDED' to avoid this dispensing error.</p>
</blockquote>
<p>But Pharmacy denies any wrongdoing, and insists that it dispensed the correct medication.</p>
<h3>Question</h3>
<h4>How can Patient get his compounded medication audited and inspected, to determine if the pharmacy dispensed exactly what the doctor ordered? Would Patient submit a sample of this medication to a laboratory? What kind of laboratories can assist Patient?</h4>
<p>For example, presuppose a physician prescribed 0.01% Atropine. Then Pharmacy labelled the end product 0.01% Atropine. But it's impossible to distinguish 0.01% from 0.02%, 0.05%, etc. Atropine by eye. How can Patient determine if pharmacy truly dispensed 0.01% Atropine, or negligently dispensed some other wrong concentration?</p>
| 93,198 | [
{
"answer_id": 93200,
"body": "<h2>You get a lab to test it</h2>\n<p>You should clearly document the chain of custody (ideally with photos) from the unopened packaging to the lab. Any decent sized city will have several labs with the capability to tell you what’s in a pill and provide an expert report.</p>\... | [
"canada",
"medical",
"negligence"
] |
Can you host a version of Wikipedia on your own domain and charge for it? | 31 | https://law.stackexchange.com/questions/83382/can-you-host-a-version-of-wikipedia-on-your-own-domain-and-charge-for-it | CC BY-SA 4.0 | <p>I am reading through these notes, trying to piece together a picture of what the rules/laws are regarding Wikipedia content:</p>
<ul>
<li><a href="https://en.wikipedia.org/wiki/Wikipedia:Mirrors_and_forks" rel="noreferrer">https://en.wikipedia.org/wiki/Wikipedia:Mirrors_and_forks</a></li>
<li><a href="https://en.wikipedia.org/wiki/Wikipedia:Reusing_Wikipedia_content" rel="noreferrer">https://en.wikipedia.org/wiki/Wikipedia:Reusing_Wikipedia_content</a></li>
<li><a href="https://en.wikipedia.org/wiki/Wikipedia:FAQ/Copyright#Can_I_reuse_Wikipedia%27s_content_somewhere_else" rel="noreferrer">https://en.wikipedia.org/wiki/Wikipedia:FAQ/Copyright#Can_I_reuse_Wikipedia's_content_somewhere_else</a>?</li>
</ul>
<p>I don't have any desire or intention of doing this myself, but I am wondering if I create a site like Wikipedia, which has "freely licensed/usable content", if someone else is going to go ahead and clone my project and slap it under a new domain, change some fonts and colors, slap on a subscription fee and maybe some ads, and try and rank higher on Google Search so they become the dominant provider of <em>my</em> underlying content.</p>
<p>So Wikipedia is a parallel, how does Wikipedia prevent someone from downloading a bulk dump of the whole site, putting it under their own custom domain like <code>freeknowledgefoo.com</code>, slap some ads around in the pages, and add a subscription fee. Then they maybe redesign a few things slightly (changing fonts and colors), and then for whatever reason they end up ranking higher than Wikipedia itself on Google and end up being used by default instead of Wikipedia. That would be a horrible scenario, which would mean that all the work is put into Wikipedia, but all the money is made by some copycat site.</p>
<p>How does Wikipedia prevent that?</p>
<p>How could I prevent that if I am offering free data dumps of various kinds, but myself have a UI to view the data (like <a href="https://data.cityofnewyork.us/browse?sortBy=most_accessed&utf8=%E2%9C%93" rel="noreferrer">NYC's open data site</a>). So you can download the dump and run the site yourself, or use my precomposed main website hosting and showing the data. How do I prevent users from just deploying my project on their own domain, slightly changing things, and then they run off with the future?</p>
<p>Is this what the "ShareAlike" license is for?</p>
<ul>
<li><a href="https://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License" rel="noreferrer">https://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License</a></li>
</ul>
<blockquote>
<p><strong>Creative Commons Deed</strong></p>
<p>This is a human-readable summary of the full license below.</p>
<p>You are free:</p>
<ul>
<li>to Share—to copy, distribute and transmit the work, and</li>
<li>to Remix—to adapt the work</li>
</ul>
<p>for any purpose, even commercially.</p>
<p>Under the following conditions:</p>
<ul>
<li>Attribution—You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work.)</li>
<li>Share Alike—If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license.</li>
</ul>
</blockquote>
<blockquote>
<p>With the understanding that:</p>
</blockquote>
<blockquote>
<ul>
<li><p>Waiver—Any of the above conditions can be waived if you get permission from the copyright holder.</p>
</li>
<li><p>Other Rights—In no way are any of the following rights affected by the license:</p>
</li>
<li><p>your fair dealing or fair use rights;</p>
</li>
<li><p>the author's moral rights; and</p>
</li>
<li><p>rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.</p>
</li>
<li><p>Notice—For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do that is with a link to <a href="https://creativecommons.org/licenses/by-sa/3.0/" rel="noreferrer">https://creativecommons.org/licenses/by-sa/3.0/</a></p>
</li>
</ul>
</blockquote>
<p>I don't see anything saying you can't do what I describe. But maybe the fact that you have to have "attribution" is the key? I don't quite know how best to approach this situation. On one hand I would like to release data which is free and open source. On the other hand I don't want someone else to then run off with all of it and try and outcompete me with the same product I guess.</p>
| 83,382 | [
{
"answer_id": 83383,
"body": "<p>It's allowed by the Creative Commons Attribution -ShareAlike license, and intentionally so. The Wikimedia Foundation <em>wants</em> things like this to be possible; that is part of the goal of open content. (This license is also used on Stack Exchange content, so the same a... | [
"copyright",
"open-source-software",
"data-ownership"
] |
Why aren't the laws banning Nazi symbols in Australia unconstitutional? | 3 | https://law.stackexchange.com/questions/93203/why-arent-the-laws-banning-nazi-symbols-in-australia-unconstitutional | CC BY-SA 4.0 | <p>Recently, in Australia, a number of state governments have passed laws banning the display of Nazi symbols, and in the last few weeks, the federal government has been talking about passing a law about doing so as well.</p>
<p>However, shouldn't these laws violate the <a href="https://www.vgso.vic.gov.au/implied-constitutional-freedom-political-communication" rel="nofollow noreferrer">implied right to political speech</a> of the Australian constitution? If someone wanted to collect the signatures needed to found the Australian Nazi Party and run for parliament, shouldn't they have the right to do so, and to display the symbols of the party they intend to found as part of that effort? Shouldn't their supporters be able to display the symbols of their support for said party?</p>
<p>Is it possible that these laws <em>are</em> unconstitutional, and simply haven't been struck down by the courts yet?</p>
| 93,203 | [
{
"answer_id": 93213,
"body": "<p><strong>An Australian Constitutional Analysis</strong></p>\n<p>These laws are not unconstitutional in Australia because Australia's constitution does not expressly protect the freedom of speech or political expression, and because its implied protections are weak and are no... | [
"constitutional-law",
"australia",
"freedom-of-speech"
] |
Legal consequences of an accidental Google search | 1 | https://law.stackexchange.com/questions/93209/legal-consequences-of-an-accidental-google-search | CC BY-SA 4.0 | <p>I am someone who frequents several imageboards. As often happens, because there's complete anonymity, people often say the most insane, outrageous and vile stuff imaginable. Against my better judgement I was arguing with one such individual who said something very very bad about acts with children (on the order of 'I such and such little girl's so and so'), copying his statements to reply in bulletpoint fashion. Eventually the mods stepped in and the argument was over, so I honestly forgot about it and went on with my day.
Later, thinking I had a url copied, I instead pasted one of his very bad statements into my taskbar and searched Google with it. The very microsecond I realized what I did (that page hadn't even loaded fully), I closed the page and deleted my history, but I've been completely sick and horrified even having this associated with me, and I know such searches usually get the intention of the law. Could I legitimately face criminal prosecution over this? I have a completely clean criminal record and am not part of any ongoing investigation of any kind.</p>
| 93,209 | [
{
"answer_id": 93215,
"body": "<blockquote>\n<p>Could I legitimately face criminal prosecution over this?</p>\n</blockquote>\n<p>It's not clear that you have committed a crime. If you're asking whether you might be suspected of having committed a crime, well, you have to identify a crime which you might be... | [
"united-states",
"criminal-law",
"internet",
"is-x-legal",
"google"
] |
Standardizing paper size | -3 | https://law.stackexchange.com/questions/93204/standardizing-paper-size | CC BY-SA 4.0 | <p>Could someone submit a bill proposing to standardize the paper size for a country?</p>
<p>What would be the considerations to pursue this?</p>
| 93,204 | [
{
"answer_id": 93205,
"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>Both the government and private Mem... | [
"bills",
"philippines"
] |
How many times had Trump been arraigned before his presidency? | 8 | https://law.stackexchange.com/questions/93193/how-many-times-had-trump-been-arraigned-before-his-presidency | CC BY-SA 4.0 | <p>News articles today (such as <a href="https://www.cbsnews.com/news/trump-indictment-federal-charges-vs-new-york-ag-how-are-they-different/" rel="nofollow noreferrer">this one</a>) have been saying that the former president Trump has <em>only</em> been indicted and arraigned <em>twice</em> (4 April 2023 at the Manhattan state court of New York, and 13 June 2023 at a federal district court in Miami, Florida) despite the <a href="https://www.forbes.com/sites/zacheverson/article/tracking-trump-investigations-and-lawsuits/?sh=67fd256272fc" rel="nofollow noreferrer"><em>dozens</em> of lawsuits</a> that have been filed against him since he was elected president.</p>
<p><em>Wikipedia</em> says that before he was elected president Donald Trump and his businesses entities <a href="https://en.wikipedia.org/wiki/Personal_and_business_legal_affairs_of_Donald_Trump" rel="nofollow noreferrer">were involved in over <em>4,000 legal cases</em></a>. I wonder how many of these were criminal charges against Mr. Trump <em>personally</em> (as opposed to his business entities), and how many among them resulted in arraignment?</p>
<p>I came across this <em>Huffpost</em> blog article written before the 2016 election: <a href="https://www.huffpost.com/entry/trumps-criminal-history-s_b_11983400" rel="nofollow noreferrer"><em>Trump's Criminal History Should Be Front and Center</em></a>. Although on quick reading it seems most of these charges were against Trump's business / non-profit entities, might there be among them criminal charges filed against him <em>personally</em>? There is also a CREW report <a href="https://www.citizensforethics.org/reports-investigations/crew-reports/president-trumps-staggering-record-of-uncharged-crimes/" rel="nofollow noreferrer">listing 56 "credible" criminal offenses</a> since Trump launched his campaign in 2015.</p>
<p>My question is:</p>
<ul>
<li>If there <em>were</em> criminal charges against him personally but zero (0) arraignment, then these 2 arraignments (<a href="https://www.forbes.com/sites/zacheverson/article/tracking-trump-investigations-and-lawsuits/?sh=67fd256272fc" rel="nofollow noreferrer">with a few in the works</a>) will be new territory for him. It's a testament to his lawyers that he could have those previous cases settled / dismissed. It would be nice if the answer can list them.</li>
<li>If he has been arraigned before, what were the charges and when?</li>
</ul>
| 93,193 | [
{
"answer_id": 93194,
"body": "<p>Arraignments are only used for criminal matters. While Trump has been involved in many lawsuits, as have his businesses, only one prior case to his Presidency was criminal or quasi-criminal and might have involved an arraignment (although not necessarily):</p>\n<blockquote>... | [
"united-states",
"statistics",
"arraignment"
] |
Asset protect trust and final expensers | 1 | https://law.stackexchange.com/questions/93199/asset-protect-trust-and-final-expensers | CC BY-SA 4.0 | <p>A parent dies and leaves all his/her money to his/her adult child into an asset protection trust. The adult child wants to see as much money as possible in the trust. Hence he personally pays for the final expenses. Does this create any negative consequences such as ruining the asset protection offered by the trust? Would it be considered a gift and therefore if it was over the annual exclusion create a gift tax issue?</p>
| 93,199 | [
{
"answer_id": 93208,
"body": "<p>Payment of the final expenses of an estate does not make one a settlor of a testamentary trust, and thus, it would not impair its asset protection effect of the testamentary trust. (Incidentally, a disclaimer of (i.e. formal refusal to accept) a bequest or devise or inherit... | [
"united-states",
"new-jersey",
"trusts-and-estates"
] |
How did the “American rule” as to legal costs originate? | 8 | https://law.stackexchange.com/questions/89984/how-did-the-american-rule-as-to-legal-costs-originate | CC BY-SA 4.0 | <p>At some point the US diverged from its common law ancestor, the English system, and the respective divergences came to be known as the American and English rules. The American rule is that parties bear their own legal costs while the English rule is that generally, the losing party pays. When and how did this divergence come about?</p>
| 89,984 | [
{
"answer_id": 93207,
"body": "<p>According to the <a href=\"https://scholarship.law.uwyo.edu/do/search/?q=Attorney%27s%20fees%20in%20public%20litigation%20&start=0&context=15127232&facet=\" rel=\"nofollow noreferrer\">Attorney's Fees in Public Interest Litigation</a><sup>1</sup> from 1981:</p>\... | [
"united-states",
"england-and-wales",
"civil-law",
"legal-history",
"costs"
] |
Does this require probate? | 3 | https://law.stackexchange.com/questions/93161/does-this-require-probate | CC BY-SA 4.0 | <p>Let's assume that Bob and Abby are a married couple. Bob's will leaves everything to Abby. Bob has a brokerage account solely in his name with no TOD on the account. Bob then dies. It is my understanding that for Abby to get the money, you have to go through probate. Am I right about that?</p>
<p>I have been told that when you are leaving everything to a spouse you can skip probate. I am thinking that is wrong. Bob should have had a TOD on his account but he did not hence in this case, probate is required.</p>
| 93,161 | [
{
"answer_id": 93162,
"body": "<blockquote>\n<p>Bob's will leaves everything to Abby. Bob has a brokerage account\nsolely in his name with no TOD on the account. Bob then dies. It is my\nunderstanding that for Abby to get the money, you have to go through\nprobate. Am I right about that?</p>\n</blockquote>\... | [
"united-states",
"new-jersey",
"trusts-and-estates"
] |
Could they subpoena Mike Pence to testify whether he knew that Trump had taken classified documents out of the White House? | -2 | https://law.stackexchange.com/questions/93190/could-they-subpoena-mike-pence-to-testify-whether-he-knew-that-trump-had-taken-c | CC BY-SA 4.0 | <p>In regards to the trial that will take place in the future regarding the issue of former U.S. President Donald Trump mishandling classified documents, I was just wondering if former Vice President Mike Pence could be subpoenaed to appear in court to testify whether he knew that Donald Trump had taken classified documents out of the White House.</p>
<p>Could they subpoena Mike Pence to testify whether he knew that Donald Trump had taken classified documents out of the White House?</p>
| 93,190 | [
{
"answer_id": 93191,
"body": "<p>Yes... whether the judge will grant the subpoena is another matter and one that it is to premature to speculate on. With what I have seen of the indictment, Pence was not named as a witness in the investigation, which will call into question why he is being asked to testif... | [
"united-states",
"criminal-law",
"constitutional-law",
"us-federal-government",
"president"
] |
Assuming a mortgage in a divorce | -4 | https://law.stackexchange.com/questions/93184/assuming-a-mortgage-in-a-divorce | CC BY-SA 4.0 | <p>My soon to be ex-husband and I bought a house together in 2017 - we are on a conventional 30-year ARM mortgage with a current rate of 3.37% until November 2027. We are now getting divorced, and I am to be awarded the house and become the only owner. I want to "assume the mortgage" under the current terms (it is much less expensive than a refi). I don't need to transfer money to my ex, but he does want to be off the mortgage so that he can eventually get a home loan of his own. The closing documents on the loan state that the loan "is assumable under certain conditions". It doesn't state what those conditions are, however. I am being told by US Bank that the loan cannot be assumed until after the first rate adjustment (Nov 2027) but they have refused to show me any document that states those conditions.</p>
<p>I have also read up on the Garn St. Germain law from 1982; that law seems to make it clear that in the case of a divorce, the bank cannot enforce a due-on-sale clause. It seems to me that by requiring me to refinance at today's super high rates, the bank is essentially requiring me to pay off the loan, right? Isn't that in violation of the federal law?</p>
<p>I had a brief consult with a real-estate lawyer, and they indicated that I was probably right but mostly blew me off and told me it would cost tens of thousands to go up against US Bank's lawyers. Is there a way to go about this without hiring lawyers?</p>
| 93,184 | [
{
"answer_id": 93187,
"body": "<p>Without addressing the specific facts of the question, here are some general principles.</p>\n<p>While a transfer of real estate upon divorce does not trigger a due on sale clause (which would trigger a foreclosure), both spouses have to remain on the loan unless it is refi... | [
"divorce",
"mortgage"
] |
Is an umbrella school a "high school"? | 20 | https://law.stackexchange.com/questions/93174/is-an-umbrella-school-a-high-school | CC BY-SA 4.0 | <p>I am attempting to get my GED behind my parents back (let's not get into why I need to do that) and I am creating an account at the GED website. It is asking me whether I am "currently enrolled in high school" and I am not sure what that would entail. I am currently being homeschooled under an umbrella school called "Florida Unschoolers". Does this count as being enrolled in high school?</p>
| 93,174 | [
{
"answer_id": 93175,
"body": "<p>Without knowing the specifics on Florida Goverment's regulations, the term Umbrella School is used to designate school like organizations that over see multiple homeschoolers and that they are meeting state educational expectations. Often they will hold events which will ... | [
"education",
"school"
] |
What are the actions to take when using software licensed under the Apache, Eclipse, MIT and CDDL licenses? | 4 | https://law.stackexchange.com/questions/4840/what-are-the-actions-to-take-when-using-software-licensed-under-the-apache-ecli | CC BY-SA 3.0 | <p>We are working on software that we are planning to sell to businesses.</p>
<p>We are looking at using many components from the open source community to speed up development.</p>
<p>The software we are using so far is released under one of the following licenses:</p>
<ul>
<li>Apache License v2.0</li>
<li>JSON.org license</li>
<li>Eclipse Public License v1.0</li>
<li>MIT License</li>
<li>CDDL License v1.0</li>
</ul>
<p>We have already included the license information (LICENSE.txt) files from all the open source components in the bundle.</p>
<p>We would like to be 100% compliant with the licenses mentioned above. Is there anything else we have to do to before we start selling the software?</p>
| 4,840 | [
{
"answer_id": 41728,
"body": "<p>The MIT/JSON.org/Apache licenses are non-copyleft, so commercial use is feasible (i.e., you don't have to release source code when distributing your software). They do each have other requirements like attribution (so you need a part of your software or distribution where y... | [
"licensing"
] |
How to protect an idea when you don't own the brand or the process? (UK) | 0 | https://law.stackexchange.com/questions/21280/how-to-protect-an-idea-when-you-dont-own-the-brand-or-the-process-uk | CC BY-SA 3.0 | <p>I have an idea I'd like to take to a company, but I don't know how to protect it. </p>
<p>The best analogy I can think of is the following (I fully realise this example exists; it's an analogy):</p>
<ul>
<li>I want to approach a marketing company that has access to a drinks company, (or the company directly).</li>
<li>My idea is: to take the drinks company logo and put it on a pint glass.</li>
</ul>
<p>So, </p>
<ul>
<li>I can't protect the logo (it's not mine). </li>
<li>I can't protect the glass (it's not mine). </li>
<li>I can't protect the process of putting the logo on the glass (I don't have the tech, and something similar has been done - I wouldn't be doing the processing).</li>
</ul>
<p>All I have is the idea.</p>
<p>Is it possible to protect the idea, to stop the company just using it please?</p>
| 21,280 | [
{
"answer_id": 21300,
"body": "<blockquote>\n<p>Intellectual property is something unique that you physically create. An idea alone is not intellectual property. For example, an idea for a book doesn’t count, but the words you’ve written do <br>(from the <a href=\"https://www.gov.uk/intellectual-property-an... | [
"copyright",
"intellectual-property"
] |
What rights does a German works council have with respect to a longterm unfilled position? | 2 | https://law.stackexchange.com/questions/93171/what-rights-does-a-german-works-council-have-with-respect-to-a-longterm-unfilled | CC BY-SA 4.0 | <p>Situation, a department head left the company. The company is looking for a replacement by advertising the position and hiring a head hunter. Unfortunately this didn't work out (so far) and the position is unfilled for more than two years. During that time the former deputy department head is acting as department head. If the deputy is on holidays or otherwise unavailable there is a temporary void in responsibility.</p>
<p>The company is located in Germany and has a <a href="https://de.wikipedia.org/wiki/Betriebsrat" rel="nofollow noreferrer">Betriebsrat</a> or works council. This is an elected body from the employees tasked with representing the interests of the employees towards the company leadership. The Betriebsrat has various legal rights concerning the advertising of the position and can even refuse to agree to the hiring of a specific person if there are good reasons for that.</p>
<p>The deputy department head has been doing the job of a department head for two years without getting the corresponding pay increase. If they were officially declared the new department head that would also entail that there is a new deputy department head which would also come with a pay raise.</p>
<p>Question: Does the Betriebsrat has any rights in this situation or does the employer already do what they have to just by advertising the position even if that is unsuccessful?</p>
| 93,171 | [
{
"answer_id": 93179,
"body": "<p>I don't think so.</p>\n<p>When it comes to wages, there may be a <em>Tarifvertrag</em> (union-negotiated wage schedule), which may apply even if the employee in question is no union member. It is enough if the employer is member of the employer's association negotiating the... | [
"employment",
"germany",
"unions"
] |
Is it possible to create a non-profit business on F-2 visa status? | 0 | https://law.stackexchange.com/questions/67499/is-it-possible-to-create-a-non-profit-business-on-f-2-visa-status | CC BY-SA 4.0 | <p>Consider a person comes to the US with an F-2 visa status and has a plan to get his/her green card in the next year, but at the moment he/she likes to start a commercial website or mobile app but for free, up to he/she could get his/her green card.</p>
<p>Is it legal for him/her and won't cause a problem for him/his green card in the future?</p>
<p>PS: By a free commercial website/mobile app I mean something like websites/applications those offer a free access for a period of time(Free trial), or offer a free access to some basic utilities(and charge users for money for premium access). Or games those are free but charge users for money for extra coins/points/etc.).</p>
<p>Can an F-2 visa holder start the business for free, then after he/she gets his/her green card/ he/she starts the post trial/premium part of the business as well?</p>
| 67,499 | [
{
"answer_id": 67503,
"body": "<p>An F-2 visa holder is free to create and publish online content, but can’t profit off of it since F-2 holders are not allowed to work, even for themselves. That being said, an F-2 holder could provide the funds for someone else to create online content as long as the visa h... | [
"united-states",
"corporate-law",
"immigration",
"f2-visa",
"work-permit"
] |
Is it legal to arrange music I don't have rights to if it is never performed? | 6 | https://law.stackexchange.com/questions/93114/is-it-legal-to-arrange-music-i-dont-have-rights-to-if-it-is-never-performed | CC BY-SA 4.0 | <p>I had the idea to transcribe and arrange the music from the musical Ride the Cyclone for a wind ensemble for my school. I got in contact with the company that owns the license (Broadway Licensing) to ask about being able to do this, and they said I would have to buy rights to the entire musical to do this. However, I know that you can cover songs with a mechanical license that pays royalties to the original owner, however I'm not intending to perform it for profit (or perform it in general, that's still up in the air).</p>
<p>Am I within my rights to arrange it as a cover for non-profit?</p>
<p><strong>EDIT:</strong> I got in contact with one of the creators, and they said for this specific project (arranging a medley), it's fine so long as it's non-profit.</p>
| 93,114 | [
{
"answer_id": 93125,
"body": "<blockquote>\n<p>Am I within my rights to arrange it as a cover for non-profit?</p>\n</blockquote>\n<p>I'm not sure about that, but I do know that Broadway Licensing isn't the right source for your license. They told you you'd have to license the whole show, but they seem to ... | [
"copyright",
"licensing",
"music"
] |
Does outfitting your vehicle with aftermarket equipment place your vehicle in violation of U.S. Motor Vehicle Safety Standards? | 3 | https://law.stackexchange.com/questions/93156/does-outfitting-your-vehicle-with-aftermarket-equipment-place-your-vehicle-in-vi | CC BY-SA 4.0 | <p>Automotive enthusiasts like to outfit their motor vehicles with aftermarket accessories that increase the performance and capabilities for specific purposes. This could include high performance cars, work trucks, 4x4 vehicles, ect. Many of these aftermarket parts and accessories do not meet motor vehicle safety standards and are not approved by any authority for use on highways.</p>
<p>These parts can either be manufactured and bought from various retailers. They could be custom ordered to fit. They could be designed, built, and installed by a local specialty auto shop or the owner of the vehicle.</p>
<p>These aftermarket parts could include:</p>
<ol>
<li><p>Roll cage - A protective structure, usually built from chromoly or mild steel tubing, meant to protect all occupants of the vehicle during a roll-over accident. This could directly affect crumple zones required by motor vehicle safety standards that are meant to absorb energy during a collision.</p>
</li>
<li><p>Custom bumpers - A common upgrade to vehicles that allows mounting of a winch for recovery purposes. Commonly constructed using cold rolled mild steel plate. This also could directly affect crumple zones required by motor vehicle safety standards that are meant to absorb energy during a collision.</p>
</li>
<li><p>Steering and suspension - Common upgrade that increases stability, durability, and safety. Usually changed or modified to accommodate other upgrades, and can significantly change the characteristics of the vehicle and increase payload.</p>
</li>
<li><p>Roof-top tent - A tent usually mounted to the roof of the vehicle, or on a rack mounted above the bed of a pickup truck, made of either hard plastic or vinyl. This could directly affect the stability of the vehicle and raise the center of gravity, therefore possibly exceeding motor vehicle safety standards.</p>
</li>
</ol>
<p>Some states have passed laws that make it a crime to operate a motor vehicle that is "in violation of state or federal motor vehicle safety standards."</p>
<p>For the purpose of federal safety standards</p>
<p>If an individual purchased a new vehicle, and outfitted it with aftermarket parts that are not certified under any motor vehicle safety standard, would their vehicle be in violation of U.S. Motor Vehicle Safety Standards?</p>
<p>Would the driver be subject to criminal charges under state statute?</p>
| 93,156 | [
{
"answer_id": 93172,
"body": "<p>In Washington, there is no criminal sanction for installing an "aftermarket" product on your vehicle. If we are speaking of non-commercial vehicles, the penalties for violating the various safety regulations is a ticket.</p>\n<p>The federal Motor Vehicle Safety St... | [
"traffic",
"motor-vehicle",
"safety",
"automotive"
] |
Will there be a need for US national elections? | -6 | https://law.stackexchange.com/questions/93167/will-there-be-a-need-for-us-national-elections | CC BY-SA 4.0 | <p>Suppose that the majority of the states decide to elect 1 person as their leader to replace the president.Then will there be a need for national US elections to vote for a president?What exactly will happen?Will there be national elections held even in that case?Who will be the head of the country?</p>
| 93,167 | [
{
"answer_id": 93168,
"body": "<p>The US presidency operates strictly on four-year terms, which currently begin and end at noon on January 20th of every year that is one more than a multiple of four (for example, the current term began in 2021 and will end in 2025). There is a national election for the pre... | [
"united-states",
"us-constitution"
] |
What kinds of formal logic have applications in law? | 0 | https://law.stackexchange.com/questions/93134/what-kinds-of-formal-logic-have-applications-in-law | CC BY-SA 4.0 | <p>There are different kinds of formal logic: propositional, first order, second order, modal, fuzzy, .... What kinds of formal logic have applications in law? Thanks.</p>
| 93,134 | [
{
"answer_id": 93138,
"body": "<blockquote>\n<p>The Life of the Law Has Not Been Logic; It Has Been Experience.</p>\n</blockquote>\n<p>-- Oliver Wendell Holmes, Jr.</p>\n<p>Basically none.</p>\n",
"score": 5
},
{
"answer_id": 93142,
"body": "<blockquote>\n<p>The common law is tolerant of muc... | [
"theory-of-law"
] |
Minecraft EULA for mods | -1 | https://law.stackexchange.com/questions/93158/minecraft-eula-for-mods | CC BY-SA 4.0 | <p><a href="https://old.reddit.com/r/Minecraft/comments/mvt3ko/minecraft_eula_forbids_selling_modifications/" rel="nofollow noreferrer">Word</a> on the <a href="https://old.reddit.com/r/feedthebeast/comments/10egzvl/isnt_selling_mods_and_shaders_illegal/" rel="nofollow noreferrer">street</a> is that it's against the EULA to sell Minecraft mods. I took a look at the actual <a href="https://www.minecraft.net/en-us/eula" rel="nofollow noreferrer">EULA</a>, which they use California/corporate/cutesy/condescending language to say that they don't want you making money off of Minecraft, but list a specific exclusion to that (ads on videos of Minecraft content), and then apparently have some other document that somehow says that you can accept donations but not do sales of mods, which a lot of people refer to, but I can't find a document explaining. There seems to be several details different in what I am reading vs what people are proselytizing about the EULA, so I have questions that are all interrelated.</p>
<p>I came across the story of <a href="https://ko-fi.com/post/Physics-Mod-Pro-P5P2KPTM6" rel="nofollow noreferrer">Physics mod</a>, where a dev quit their job to work on the mod full time and it sounds like Microsoft pulled some strings to have their Patreon account banned. That's why I'm scratching my head about all this after doing some preliminary research.</p>
<ol>
<li>On what legal basis can Microsoft restrict the sale of mods that they even explain that they don't own in their EULA? This seems strange to begin with, and such a basis would have to be world-wide, which seems to make it even stranger. World-wise legal commonalities are very few and far between, since some people are slaves, some subjects, some citizens, and some a mix of all of those.</li>
<li>Isn't their only course of remedy to ban your account?</li>
<li>If your account is banned, then the EULA doesn't apply, so you can sell mods, right?</li>
<li>How can you own a mod, but immediately, permanently, and irrevocably, give it away to the entirety of the internet? Logic would dedicate that whomever is telling you what to do with "your" mod actually owns it, in this case, Microsoft. Which would mean that you don't own it, Microsoft does.</li>
<li>Given these points, a mod developer could have a public account that got banned, as a sort of honeypot, and then use 1 or more anonymous accounts, or borrow someone else's, if they want to play or test their code. That doesn't happen, or doesn't happen very often. Why not?</li>
<li>Microsoft focuses heavily on "not sharing the game" when talking about mods, a distinction that I don't understand. Especially when mods by definition modify the game. The game binaries are available free of charge for anyone and everyone to download, and it's only after launching them that you can log in, so it seems there is 0 incentive to share a copy of the game. Yet they focus on this to the point it's occasionally part of the launcher screen. Why is this concept so intertwined with a completely different concept (making and distributing mods)?</li>
</ol>
| 93,158 | [
{
"answer_id": 93164,
"body": "<h2><a href=\"https://en.wikipedia.org/wiki/Copyright\" rel=\"noreferrer\">Copyright</a> is the reason</h2>\n<p>Microsoft owns the copyright to the Minecraft code. That gives them <em>exclusive</em> rights to make copies and <a href=\"https://en.wikipedia.org/wiki/Derivative_w... | [
"commerce",
"eula"
] |
When a lower court bases its outcome on an interpretation of the law, what is the standard under which that interpretation is reviewed? | 2 | https://law.stackexchange.com/questions/93154/when-a-lower-court-bases-its-outcome-on-an-interpretation-of-the-law-what-is-th | CC BY-SA 4.0 | <p>When a lower court bases its outcome on a question of the law (e.g. the interpretation of a statute, or the requirements of the common-law or the constitution), what is the standard under which that interpretation is reviewed?</p>
<p>Will a lower court's position on a question of law be permitted to stand as long as it is a position "open to a reasonable person"?</p>
| 93,154 | [
{
"answer_id": 93155,
"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>Courts must be <em>correct</em> on... | [
"standard-of-review"
] |
Original author of project that a company abandoned | 1 | https://law.stackexchange.com/questions/48517/original-author-of-project-that-a-company-abandoned | CC BY-SA 4.0 | <p>I'm the original author of a project that was made on company time and resources. While waiting for this project to come to life it just died without any support on marketing it and not using it at all.</p>
<p>Now I'm wondering if I can use this as my own releasing it for proprietary purposes or as an open source project. Are there legal outcomes when in the case of the company taking it back as their own proprietary product?</p>
<p>I'm no longer an employee on said company.</p>
| 48,517 | [
{
"answer_id": 48621,
"body": "<p>Using it without permission is copyright infringement and illegal. </p>\n\n<p>Legally, you can try offering money to the company for the copyright or for a suitable license. For example offer them $1000 for a copy of the code licensed under the GPL license. If they accept, ... | [
"copyright"
] |
Hypothetically, in the U.S., is it legal for a parent to sell items inherited by their minor child? | 1 | https://law.stackexchange.com/questions/93118/hypothetically-in-the-u-s-is-it-legal-for-a-parent-to-sell-items-inherited-by | CC BY-SA 4.0 | <p>Let’s say that a minor child, who is very close to the age of majority, inherits a house in which that minor child had lived with only one of their parents, until that parent’s death.</p>
<p>Now let’s say that the surviving parent was estranged from the deceased parent and did not live in that house before the other parent’s death. Let’s also imagine that, according to public records, the surviving parent had signed a quit claim on the house, and is not on the new mortgage.</p>
<p>To make this more interesting, now let’s imagine that, since the death of the parent, the minor child has <em>not</em> lived in the house they inherited; however, the surviving parent <em>is</em> now living in that house.</p>
<p>As a final twist, let’s say that the surviving parent (who is now living in the house inherited by the minor child) is neither the guardian nor the conservator of the minor child.</p>
<p>In a hypothetical scenario like this, would it be legal for the surviving parent to sell any of the contents of the house that the minor child inherited, without the minor child’s consent?</p>
| 93,118 | [
{
"answer_id": 93132,
"body": "<p>Parents do not have the right to their child's property. See <a href=\"https://law.stackexchange.com/questions/76587/is-it-legal-for-a-parent-to-take-items-from-their-children\">this question</a>.</p>\n<p>The parent cannot sell the house as they don't own it. The minor does... | [
"property",
"minor",
"ownership",
"inheritance",
"guardianship"
] |
What proportion of parenting time makes someone a "primary parent"? | 4 | https://law.stackexchange.com/questions/93152/what-proportion-of-parenting-time-makes-someone-a-primary-parent | CC BY-SA 4.0 | <p>The terms "primary parent," "majority of parenting time," "shared parenting time," and "split parenting time" are used to describe the division of parenting. What do these mean?</p>
| 93,152 | [
{
"answer_id": 93153,
"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>Child support</h3>\n<p>In Canada, ... | [
"canada",
"family-law"
] |
Hackintosh vs. fair use | -4 | https://law.stackexchange.com/questions/93140/hackintosh-vs-fair-use | CC BY-SA 4.0 | <p>Note: Cross-posted from <a href="https://meta.superuser.com/q/15028/516482">SE SuperUser</a> to get thoughts from legal experts here.</p>
<hr />
<p>Follow up question to <a href="https://meta.superuser.com/q/12050/516482"><em>Revisit the Hackintosh policy</em></a>.</p>
<p>Use case:</p>
<ul>
<li>I create a <a href="https://superuser.com/edit-tag-wiki/9157">userscript</a> (in a [licenced] Windows or a Linux) and release it under GNU GPLv3 <a href="http://www.gnu.org/licenses/gpl-3.0.html" rel="nofollow noreferrer">http://www.gnu.org/licenses/gpl-3.0.html</a>.</li>
<li>I'd like to test the script with browsers available in macOS as well.</li>
<li>To be able to achieve this with the x86-based systems mentioned above (I do not own or have access to any Mac) I get a macOS ISO image and install macOS in a local VM.</li>
</ul>
<p>Does this comply with fair use's "<a href="https://en.wikipedia.org/wiki/Fair_use" rel="nofollow noreferrer"><em>public interest in the wider distribution and use of creative works</em>"</a>?</p>
<p><S>If the answer is (more) "yes" are questions regarding such a use case tolerated here on SU?</s>[not of interest here on Law]</p>
<hr />
<p>If the answer is (more) "yes" do questions regarding such a use case comply with <a href="https://stackoverflow.com/legal/acceptable-use-policy">SE's <em>Acceptable Use Policy</em></a> (or any other TOS)?</p>
| 93,140 | [
{
"answer_id": 93148,
"body": "<h2>Breach of contract is within the wider definition of <em>illegal</em></h2>\n<p>When you install Apple OS, the installer prompts you to read and adhere to a clickwrap contract. This contract, the license agreement, only grants you a license to install and use the software i... | [
"software",
"fair-use"
] |
Is it legal to profit from explaining a book's content? | 0 | https://law.stackexchange.com/questions/93137/is-it-legal-to-profit-from-explaining-a-books-content | CC BY-SA 4.0 | <p>I was wondering if explaining a book's contents on a potentially monetized Youtube channel is similar to simply being a tutor or teacher if the book is freely available online via "pressbooks". The book is under the following terms:</p>
<blockquote>
<ol>
<li><p>Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.</p>
</li>
<li><p>NonCommercial — You may not use the material for commercial purposes.</p>
</li>
<li><p>ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.</p>
</li>
</ol>
</blockquote>
<p>I definitely plan to provide a link to the book, but it's the 'noncommercial' part I was concerned about. Also, would it be ok to also include the definitions mentioned in the book, or would I have to write it in my own words?
[1]: <a href="https://i.stack.imgur.com/McBAb.png" rel="nofollow noreferrer">https://i.stack.imgur.com/McBAb.png</a></p>
| 93,137 | [
{
"answer_id": 93146,
"body": "<h2>That licence does not allow you to do what you want</h2>\n<p>It’s a non-commercial licence and your usage is commercial (making money).</p>\n<h2>You don’t need a licence to perform commentary or review of a book</h2>\n<p>Providing that you use as little material as necessa... | [
"copyright",
"youtube",
"legal-concepts"
] |
"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right? | 12 | https://law.stackexchange.com/questions/93119/murder-laws-are-governed-by-the-states-not-the-federal-government-is-vivek | CC BY-SA 4.0 | <p>United States presidential candidate Vivek Ramaswamy <a href="https://www.npr.org/2023/05/19/1176892623/vivek-ramaswamy-candidate-president-2024" rel="noreferrer">stated</a> he doesn't support a federal ban on abortion, a practice which he understands to be murder, because the U.S. federal government doesn't regulate murder (emphasis added):</p>
<blockquote>
<p>For years, I was an opponent of <em>Roe v. Wade</em>. I think it was constitutionally wrongly decided. I think <em>Dobbs</em> was correct to overturn it because <strong>the federal government has no business here</strong>. Murder laws are governed by <strong>the states</strong>. So if abortion is a form of murder, which is the pro-life position, and I am pro-life, then it would make no sense for that to be the one law that was still governed at the federal level.</p>
</blockquote>
<p>However, isn't it true that <a href="https://www.shouselaw.com/ca/blog/murder/is-murder-a-federal-crime-7-ways-it-can-be/" rel="noreferrer">murder is regulated by the federal government</a> as well? Is Vivek Ramaswamy correct in claiming that murder is governed solely by the states?</p>
| 93,119 | [
{
"answer_id": 93120,
"body": "<p>It's a bit of an oversimplification. You're correct that there is a federal law against murder, <a href=\"https://www.law.cornell.edu/uscode/text/18/1111\" rel=\"noreferrer\">18 USC 1111</a>. However it applies only to a murder committed in the <a href=\"https://www.law.c... | [
"us-federal-government",
"murder",
"abortion",
"federalism"
] |
Is it illegal to alter your boarding pass? | -4 | https://law.stackexchange.com/questions/93143/is-it-illegal-to-alter-your-boarding-pass | CC BY-SA 4.0 | <p>So the problem is my legal gender on my id is non-binary ("X"), but the airline (Frontier) only allows you to choose male or female. I went around in circles with their customer support and their supervisor on this for hours and got nowhere with them. As a result my boarding pass gender and my ID gender are not going to match. I'm worried that TSA either A) won't let me through or B) will demand a <s>free grope</s> patdown because my gender information won't match. Would it be illegal for me to simply pre-print my boarding pass to PDF, edit the gender to match my ID, and then print it out to bring with me?</p>
| 93,143 | [
{
"answer_id": 93144,
"body": "<p>I recognize your difficulty, and I'm not sure about the formal legality of it (which would go to the materiality of the alteration, which if material would probably be a presentation of a false document to a TSA officer).</p>\n<p>But more practically, when you present your ... | [
"aviation"
] |
Legal to become president if U.S. adds new state/territories? | 3 | https://law.stackexchange.com/questions/29871/legal-to-become-president-if-u-s-adds-new-state-territories | CC BY-SA 4.0 | <p>If the U.S. adds a new territory, are the people currently living there able to become president? Or does the territory have to become a state in order for the people to be eligible to become president?</p>
| 29,871 | [
{
"answer_id": 93139,
"body": "<blockquote>\n<p>If the U.S. adds a new territory, are the people currently living there able to become president?</p>\n</blockquote>\n<p>No.</p>\n<blockquote>\n<p>Or does the territory have to become a state in order for the people to be eligible to become president?</p>\n</b... | [
"united-states",
"president",
"admission-of-new-states"
] |
Ousting an illegal sublet | -2 | https://law.stackexchange.com/questions/93135/ousting-an-illegal-sublet | CC BY-SA 4.0 | <p>My situation is the following:</p>
<ol>
<li><p>I sublet my apartment to a previously homeless person (I did not know this while subletting). We filled out the sublet form, but never submitted it. He has been living in my room for two months.</p>
</li>
<li><p>He has not paid the rent for this month, and has completely stopped all communication. I am currently traveling abroad, and am unable to talk to him in person.</p>
</li>
<li><p>When I talked to my landlord, my landlord said that I am their tenant, they can change the lock codes for me, and then ask the guy to talk to me.</p>
</li>
</ol>
<p>My questions are the following:</p>
<p>a) Is this illegal? Changing the lock codes, and then asking him to vacate the house? He has clearly violated all terms of the contract by being a month late on rent.</p>
<p>b) The sublet form was never submitted. Does this protect me, if the guy decides to take me to court?</p>
<p>c) I am an international student in the US, and will be starting a job soon. If I am taken to court, and lose, will this affect my record and immigration status?</p>
| 93,135 | [
{
"answer_id": 93136,
"body": "<p>It is generally illegal in all US states for a landlord to change the locks on a tenant. Given your description of the facts, this person (henceforth "squatter") is a tenant, lack of forms and lease notwithstanding. When a person violates the terms of a lease, the... | [
"sublease"
] |
Can you aid and abet a crime against yourself? | 19 | https://law.stackexchange.com/questions/93000/can-you-aid-and-abet-a-crime-against-yourself | CC BY-SA 4.0 | <p>Bob tells Bill, "I want to shoot someone, but I don't have a gun." Bill gives Bob a gun. Bob then shoots Bill. (Assume that Bill survives, both are legally allowed to possess the gun, the transfer of the gun would have been legal if Bob requested it for a legal reason, and Bob doesn't shoot anyone else.) Obviously, Bob has assaulted Bill, but has Bill committed a crime?</p>
| 93,000 | [
{
"answer_id": 93015,
"body": "<p><a href=\"/questions/tagged/united-kingdom\" class=\"post-tag\" title=\"show questions tagged 'united-kingdom'\" aria-label=\"show questions tagged 'united-kingdom'\" rel=\"tag\" aria-labelledby=\"tag-united-kingdom-tooltip-container\">united-kingdom</a></p>... | [
"criminal-law",
"any-jurisdiction"
] |
California non-compete laws: where do they come from? | 7 | https://law.stackexchange.com/questions/24839/california-non-compete-laws-where-do-they-come-from | CC BY-SA 3.0 | <p>I once read that California non-compete laws come from the gold rush era, and yet I was not able to find any more information about the subject. </p>
<p>It would be interesting to understand what historical circumstances led California to have these non-compete laws which many of the other US states don't have. (and why those states don't have such laws)</p>
<p>Thank you in advance for any answer whatsoever. </p>
| 24,839 | [
{
"answer_id": 93127,
"body": "<p><strong>Overview</strong></p>\n<p>California's prohibition on non-competition clauses was part of the Civil Code it adopted in 1872 which was written predominantly by David Dudley Field II, whose first major accomplishment was drafting a significant overhaul and codificatio... | [
"united-states",
"california",
"legal-history",
"non-compete"
] |
Where would I find information about Sales Tax in New Jersey about tutoring? | 0 | https://law.stackexchange.com/questions/93128/where-would-i-find-information-about-sales-tax-in-new-jersey-about-tutoring | CC BY-SA 4.0 | <p>Is there a document or New Jersey official page where I could find information about sales tax pertaining to conducting tutoring services in New Jersey? I am using a Stripe Payment system and it doesn't take out Sales Tax and it concerns me because I can't seem to find anything or simply don't know where to search to find such information.</p>
| 93,128 | [
{
"answer_id": 93129,
"body": "<p><a href=\"https://www.state.nj.us/treasury/taxation/pdf/pubs/sales/su4.pdf\" rel=\"nofollow noreferrer\">This document</a> explains what is taxable vs. exempt, and also explains how to get more definitive answers (email, call, office visit).</p>\n",
"score": 3
}
] | [
"tax-law"
] |
Could a trial be held against a sitting President? | 1 | https://law.stackexchange.com/questions/93117/could-a-trial-be-held-against-a-sitting-president | CC BY-SA 4.0 | <p>During the Mueller investigation, it came out that the Justice Department has a policy against indicting a sitting President, so nothing he found would result in bringing charges against Trump. However, Trump is now out of office, and this week they indicted him for offenses related to the classified documents that were found at Mar-A-Lago after he left office.</p>
<p>I can easily imagine lots of delays in taking this to trial. Suppose he wins the election next year, and the trial doesn't get started until 2025. As I understand it, the reasons for not indicting POTUS are due to the way a trial would interfere with their ability to do their job (or vice versa: they can't participate in their defense adequately if they're busy running the country). Wouldn't these reasons also apply if the indictment were prior to their taking office?</p>
<p>Would the trial have to be delayed until after they leave office again?</p>
| 93,117 | [
{
"answer_id": 93122,
"body": "<p>That remains to be determined. <a href=\"https://deliverypdf.ssrn.com/delivery.php?ID=71008706409709410107412301107008312201501709501200106410808002000208701502412109209310109906200301901604509909411209610200002400708705902005907507507903000811506803102107602402908611907602... | [
"united-states",
"prosecution",
"us-president"
] |
Does owning a house before the marriage exempt it from divorce asset division? | 2 | https://law.stackexchange.com/questions/93072/does-owning-a-house-before-the-marriage-exempt-it-from-divorce-asset-division | CC BY-SA 4.0 | <p>If someone owns a house before marriage, <strong>would that house be exempt from asset division in divorce?</strong></p>
<p>For simplicity, assume that otherwise, asset picture is fairly simple and even (2 working spouses with similar income, no children, a shared savings/checking account, similarly sized retirements accounts, no other properties or investments).</p>
<p><strong>Would the answer depend on any factors other than whether the state is Equitable Distribution vs community property?</strong></p>
<p>Jurisdiction: USA, but for example let's use California and New York for two types, if that's needed to narrow things down.</p>
<p>Obviously, assume that there's no negotiated settlement between spouses, and divorce goes to family court judge.</p>
| 93,072 | [
{
"answer_id": 93102,
"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>... | [
"property",
"divorce"
] |
How do you check the legality of a new business model? | 9 | https://law.stackexchange.com/questions/93092/how-do-you-check-the-legality-of-a-new-business-model | CC BY-SA 4.0 | <p>How do you check the legality of a new business model to make sure it will be legal, and you won't be running afoul of some law you have no idea of?</p>
| 93,092 | [
{
"answer_id": 93094,
"body": "<p>Hire a lawyer, who is licensed and trained in law and who is obligated to be honest with you and advocate for your interests, and get him/her to review your business plan. He/she will point out real or potential problems with your ideas and plans, show you legal gray areas ... | [
"united-states",
"business",
"is-x-legal",
"new-jersey",
"legal-research"
] |
How (and how come) are US state/federal prosecutors allowed to seal indictments? | -2 | https://law.stackexchange.com/questions/93109/how-and-how-come-are-us-state-federal-prosecutors-allowed-to-seal-indictments | CC BY-SA 4.0 | <p>I have recently heard Tara Reade (who had accused US president Joseph Biden of sexual attack several decades ago) say, that there has been a sealed indictment against her, for the past 3 years (2020-2023), following some kind of grand jury procedure.</p>
<p>Assuming that is possible (regardless of whether it's actually true or not) - what is the legal basis of doing this? That is, what legislation allows for prosecutors or juries to avoid publication indictments of individuals for significant periods of time? And has this power even been challenged constitutionally?</p>
<p>More specifically, has such process been recognized as "due" in context of the Fifth amendment to the US constitution?:</p>
<blockquote>
<p>No person shall ... be deprived of life, liberty, or property, without due process of law.</p>
</blockquote>
| 93,109 | [
{
"answer_id": 93115,
"body": "<h3>An indictment is not the deprivation of liberty.</h3>\n<p>An indictment is actually part of the due process of law that is guaranteed in the Constitution. Deprivation of liberty means incarceration. The processes that are generally part of incarceration are the initial c... | [
"united-states",
"due-process",
"grand-jury",
"indictment",
"constitutional-rights"
] |
Is it bigamy to marry someone to whom you are already married? | 18 | https://law.stackexchange.com/questions/92945/is-it-bigamy-to-marry-someone-to-whom-you-are-already-married | CC BY-SA 4.0 | <p>The goal is to obtain legal proof of marriage with the least amount of effort, such as travelling overseas and hiring translators and notaries. This is not a "renew vows" situation.</p>
<p>Answers for New York preferred, but answers pertaining to other jurisdictions welcome.</p>
<p>Statute:
A person is guilty of bigamy when he contracts or purports to contract a marriage with another person at a time when he has a living spouse, or the other person has a living spouse.</p>
<p>Bigamy is a class E felony.</p>
| 92,945 | [
{
"answer_id": 92947,
"body": "<p>No, you would be guilty of perjury. In order to go through the legal formality, you have to obtain a license, Washington example (King County) seen <a href=\"https://kingcounty.gov/%7E/media/depts/records-licensing/recorders-office/documents/MLAPPpdf.ashx?la=en\" rel=\"nore... | [
"criminal-law",
"new-york-state",
"bigamy"
] |
Terminating an independent contractor | 2 | https://law.stackexchange.com/questions/93084/terminating-an-independent-contractor | CC BY-SA 4.0 | <p>If an independent contractor works for a company who assigns him shifts, can the company cancel the assigned shifts without warning or reason and effectively terminate the relationship? Assume there is no specific clause in any contract that handles termination. Is any sort of severance or notice required?</p>
| 93,084 | [
{
"answer_id": 93101,
"body": "<p>If a contract calls for work on a shift by shift basis and doesn't contain any termination clause, the default assumption would be that the contractor can be terminated at any time without notice or severance.</p>\n<p>But, this said, not everyone classified by the person hi... | [
"canada",
"common-law",
"labor-law",
"british-columbia"
] |
Is it true that the Chief Justice granted royal assent to the Online Streaming Act? | 12 | https://law.stackexchange.com/questions/93078/is-it-true-that-the-chief-justice-granted-royal-assent-to-the-online-streaming-a | CC BY-SA 4.0 | <p>Within the first minute of <a href="https://www.youtube.com/watch?v=a7GdDLbm55U" rel="noreferrer">this video</a> it is asserted that, although the royal assent to Canadian legislation is normally granted by the governor general, in this case of the Online Streaming Act it was somehow done by the chief justice, Richard Wagner.</p>
<p>In a quick search with search engines, I find no corroboration of this assertion.</p>
<p>I know that normally the governor general does this, and obviously the king can do it if he wants to (and on a few occasions that's been done), but I'd never heard of the chief justice doing such a thing.</p>
<p>What's the story here? Have there been previous cases of the chief justice rather than the governor general granting royal assent to legislation? Under what circumstances is such a thing done? How is this authorized by the constitution?</p>
| 93,078 | [
{
"answer_id": 93083,
"body": "<p><a href=\"https://laws-lois.justice.gc.ca/eng/acts/R-8.6/page-1.html\" rel=\"nofollow noreferrer\">Royal Assent can be signified by one of two modes</a>: (1) "in Parliament assembled"; or (2) "by written declaration." It was the latter mode by which Asse... | [
"canada",
"constitutional-law",
"legislation"
] |
Can the victim drop charges? | 3 | https://law.stackexchange.com/questions/93087/can-the-victim-drop-charges | CC BY-SA 4.0 | <p>In this example, pretend Alex stabs Bob using cutlery (a knife) at a restaurant, who subsequently presses charges as it was an unprovoked attack.</p>
<p>Bob later decides to drop the charge, he has survived but it left with reduced hand movement to the extent he can no longer write, or hold a mobile phone.</p>
<p>In this narrow scenario, that assumes there were no other factors at play (for example the knife style was not banned), since Bob has dropped the charge are the police still allowed to pursue the attacker Alex?</p>
<p>This question is for the United Kingdom, England and Wales only.</p>
| 93,087 | [
{
"answer_id": 93108,
"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... | [
"united-kingdom",
"criminal-law",
"england-and-wales"
] |
Does being a student in the EU allow one to do internships anywhere in the EU? | 2 | https://law.stackexchange.com/questions/92824/does-being-a-student-in-the-eu-allow-one-to-do-internships-anywhere-in-the-eu | CC BY-SA 4.0 | <p>Can a student, studying in the EU with a student visa take on a summer internship? Could they take an internship anywhere in the EU?</p>
<p>I tried asking my student office but they haven't replied.</p>
| 92,824 | [
{
"answer_id": 92834,
"body": "<p>No, as a non-EU/EEA/CH citizen, you don't benefit from the freedom of movement and work given to EU citizens by Union law.<br />\nDepending on the national law of the country you're doing your masters in, you may be able to do an internship in that country</p>\n<p>If you wi... | [
"european-union"
] |
Legal consequences of not tipping in the US | 6 | https://law.stackexchange.com/questions/31607/legal-consequences-of-not-tipping-in-the-us | CC BY-SA 4.0 | <p>In the US, there is an expectation of almost always tipping certain service providers like waiters and bartenders. Generally, it is expected that customers tip 15% for ordinary service, 20% or more for great service (or when in a large group), and even poor service is supposed to merit 10%. Tipping nothing is considered appropriate only for extremely bad behavior from the service provider.</p>
<p>Whenever the topic comes up, many people are enraged at the suggestion of not tipping. It's not unheard of for service providers to harass the customer or even throw them out for refusing to tip, and it is easy to find people claiming that they go further and sabotage the customer by spitting in their food, deliberately serving them very poorly, trashing their car, etc.</p>
<p>My question is 2 part:</p>
<ul>
<li>Is there any legal obligation whatsoever for the customer to tip? I know some businesses have a mandatory minimum tip or service charge which is clearly shown in writing, I am excluding these from my question.</li>
<li>Is it legal for the employee to retaliate against a bad tipper? Even if the customer tipped nothing, they still paid the price of the service, part of which covers the employee's paycheck as well. What minimum level of service is a customer reasonably entitled to expect, legally speaking, even if they do not tip?</li>
</ul>
| 31,607 | [
{
"answer_id": 31613,
"body": "<p>You are perfectly within your rights not to tip. Unless you start your dining experience with "I'm not going to be tipping you tonight, just to let you know." you will get the same service as anyone else.</p>\n<p>Most businesses are within their rights to ask you ... | [
"united-states",
"contract-law"
] |
What award can an unpaid independent contractor expect? What are the legal incentives to pay contractors? | 13 | https://law.stackexchange.com/questions/93049/what-award-can-an-unpaid-independent-contractor-expect-what-are-the-legal-incen | CC BY-SA 4.0 | <p>I (Washington State, USA) worked, under contract, for an LLC (Los Angeles, California, USA) and never received payment. I was considered an independent contractor; contract specifies Californian jurisdiction. I have limited legal counsel and anticipate legal action in small claims court. I anticipate that no representative of that LLC will come to court, and expect a default judgment. For purposes of this question, let's say that the contract specified US$500 for my services, and I have received none of this.</p>
<p>What awards can I expect? In what ways would a judge's decisions about awards be legally limited? $500? Interest? Time spent pursuing collections? Filing fee? Anything else? My research so far suggests $500 plus reasonable (less than credit card) interest.</p>
<p>I am primarily interested in this because it doesn't seem that there are any legal incentives for LLCs to actually pay their contractors; if only a fraction of contractors seek justice, and the award never exceeds the originally agreed upon amount, then the rational decision would seem to be, don't pay the contractor. Are there any other legal disincentives for this behavior?</p>
<p>I'm aware that Los Angeles has recently passed a Freelancer Protection Act, but to my knowledge, I am not covered by this act-- I am located outside of LA and the contract was entered into prior to the passage of this act.</p>
| 93,049 | [
{
"answer_id": 93054,
"body": "<blockquote>\n<p>What awards can I expect? In what ways would a judge's decisions about\nawards be legally limited? $500? Interest? Time spent pursuing\ncollections? Filing fee? Anything else? My research so far suggests\n$500 plus reasonable (less than credit card) interest.<... | [
"california",
"breach-of-contract",
"civil-judgment"
] |
Does an MLAT request have an age limit? | 4 | https://law.stackexchange.com/questions/88499/does-an-mlat-request-have-an-age-limit | CC BY-SA 4.0 | <p>Having recently found out about Mutual Legal Assistance Treaty (MLAT) requests, I had some questions that I could not find on the government (gov.uk) website. I am interested in both between UK and EU and between UK and non-EU MLAT requests.</p>
<p>Would the alleged perpetrator's age be a factor, for example if they were at the time of the crime (or still are) under the age of criminal responsibility in either the UK or the other country. Could that prevent an MLAT being used?</p>
<p>Would it be based on the age of criminal responsibility (nine years of age in England & Wales), or the age that the country considers citizens to be adults (I believe is 16 in England & Wales)?</p>
<p>Would the answers to the above also apply to the alleged victim, for example they were too young at the time of the crime for an MLAT to be used to investigate whatever crime they were a victim of?</p>
| 88,499 | [
{
"answer_id": 93104,
"body": "<p><strong>Short answer</strong></p>\n<blockquote>\n<p>Does an MLAT request have an age limit?</p>\n</blockquote>\n<p>Not really. But there is little or no legal authority resolving this question definitively.</p>\n<p><strong>Long answer</strong></p>\n<blockquote>\n<p>Treaties... | [
"united-kingdom",
"criminal-law",
"jurisdiction",
"treaty",
"juvenile-law"
] |
Legality of using book covers from Google Books API on a website | -1 | https://law.stackexchange.com/questions/93071/legality-of-using-book-covers-from-google-books-api-on-a-website | CC BY-SA 4.0 | <p>Under US copyright law, is it legal to download images of book covers from the Google Books API and display them on my website? The purpose pertains to obtaining product images for an online store that specializes in second-hand book sales.</p>
| 93,071 | [
{
"answer_id": 93103,
"body": "<p>Not necessarily, but also possibly.</p>\n<p>Google Books may (or may not) have a license to distribute images of the book covers in question. This license would be between Google and the owner of the copyright of the book cover. Just because Google has a license to distribu... | [
"united-states",
"copyright",
"fair-use"
] |
How can I tell if a court case exists? | 4 | https://law.stackexchange.com/questions/93095/how-can-i-tell-if-a-court-case-exists | CC BY-SA 4.0 | <p>As someone without access to pricy legal search engines, how can I tell if a given case exists?</p>
<p>For context, a lawyer was recently found to have cited a number of cases hallucinated by ChatGPT. The <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.46.1.pdf" rel="nofollow noreferrer">transcript of his ChatGPT session</a> is now online. ChatGPT cited 39 cases in response to queries by the lawyer; I'd like to see how many of them are real. Some, such as <em>Bell Atlantic v. Twombly</em> are easy "yes"s: they've got Wikipedia articles. Six of them, such as <em>Varghese v. China Southern Airlines</em>, are easy "no"s: they were called out as fake in the court filings.</p>
<p>But what about the remaining cases?</p>
| 93,095 | [
{
"answer_id": 93096,
"body": "<p>A properly cited case will include a reference to <a href=\"https://law.stackexchange.com/questions/89453/how-to-decode-a-citation-to-a-case-reporter\">a case reporter, online database, or neutral citation</a>. To confirm that the case exists, you would have to track down t... | [
"united-states",
"legal-research",
"legal-citation"
] |
When flatmates get an AVO against each other, who has to move out? | 2 | https://law.stackexchange.com/questions/93098/when-flatmates-get-an-avo-against-each-other-who-has-to-move-out | CC BY-SA 4.0 | <p>If one flatmate trespasses in another’s room after an extended period of hostile verbal and nonverbal communication, can the flatmate who was trespassed against get an AVO? If so, who has to move out?</p>
| 93,098 | [
{
"answer_id": 93099,
"body": "<p>Usually, an order would specify what happens. There is no hard and fast rule in this situation.</p>\n",
"score": 4
}
] | [
"criminal-law",
"australia",
"family-law",
"new-south-wales",
"domestic-abuse"
] |
Prevent family overriding organ donation wishes | 1 | https://law.stackexchange.com/questions/49414/prevent-family-overriding-organ-donation-wishes | CC BY-SA 4.0 | <p>In the UK, the NHS generally allows families of the deceased to override their expressed wishes to donate their organs.</p>
<p>Is there any legal mechanism whereby a person could prevent this from happening such that their organs were donated regardless of their family's consent?</p>
| 49,414 | [
{
"answer_id": 49450,
"body": "<h2>No</h2>\n\n<p>Your information is slightly <a href=\"https://www.organdonation.nhs.uk/helping-you-to-decide/about-organ-donation/faq/consent/\" rel=\"nofollow noreferrer\">wrong</a>. Families do not have the <em>legal</em> right to override the wishes of the prospective do... | [
"united-kingdom"
] |
Can this statement be considered a threat? | 2 | https://law.stackexchange.com/questions/93089/can-this-statement-be-considered-a-threat | CC BY-SA 4.0 | <p>If you write in an email, "Enter at your own risk. Anyone trying to enter a home without permission or consent will be treated as a trespasser or intruder.". Is that considered at threat?</p>
<p>For country specific or local laws, United States / Florida.</p>
| 93,089 | [
{
"answer_id": 93090,
"body": "<p>In the U.S. it does not. U.S. has strong Castle Law doctrines and self-defense laws that allow the use of firearms for self-defense within the home. The sign is that the homeowner is armed and will defend himself if there is an intruder. Florida is also a stand your gr... | [
"united-states",
"florida"
] |
Can you be fired for refusing to lie? | 15 | https://law.stackexchange.com/questions/92708/can-you-be-fired-for-refusing-to-lie | CC BY-SA 4.0 | <p>If your employer asks you to lie about something, and telling the lie is legal, but you refuse on moral grounds, can they fire you? Does it matter if religious beliefs are involved? (For example, if a Christian saying "I believe the Bible says lying is wrong" is protected, is an atheist saying "I believe the world would be a better place if people didn't lie" also protected?)</p>
| 92,708 | [
{
"answer_id": 92710,
"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>... | [
"employment",
"any-jurisdiction"
] |
How can a lawyer represent a guilty client? | -2 | https://law.stackexchange.com/questions/93067/how-can-a-lawyer-represent-a-guilty-client | CC BY-SA 4.0 | <p>This is specifically referring to the circumstance where a lawyer knows for a fact that their client is guilty through whatever means, and the client is pleading not guilty.</p>
<p>So I have often heard that a lawyers justification for representing a client that they know is guilty by ensuring the trial is fair, but the only way a trial can be fair for a known guilty party is if that person is convicted of a crime, no?</p>
<p>I fully understand the right of everyone to have a fair trial and adequate representation. I also understand that even if found guilty the person should be protected from unfair convictions/punishments. However in the event that the lawyer knows the client is guilty, and by some set of circumstances through the trial the client is found not guilty, wouldn't that be just as immoral as an unfair trial? Is this sort of circumstance justified in some written/legal way? Lawyers obviously have an obligation to ensure a fair process, but do they have no obligation for justice?</p>
<p>Also if allowed I would be interested to hear if the laws on this vary from country to country.</p>
| 93,067 | [
{
"answer_id": 93069,
"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>A person is deemed to not be guilt... | [
"criminal-law",
"professional-ethics",
"moral-duty"
] |
What powers do the police have to stop a car in Oklahoma? | -3 | https://law.stackexchange.com/questions/93055/what-powers-do-the-police-have-to-stop-a-car-in-oklahoma | CC BY-SA 4.0 | <p>Can a police officer in Oklahoma pull you over because they think your ID is suspended, despite not committing any traffic violations? Also is it lawful for the officer to write a police report before arresting a suspect in this situation?</p>
| 93,055 | [
{
"answer_id": 93056,
"body": "<h2>Stop: possibly</h2>\n<p>The standard for initiating a traffic stop is named after Terry v. Ohio, 392 U.S. 1 (1968): <a href=\"https://en.wikipedia.org/wiki/Terry_stop\" rel=\"nofollow noreferrer\">Terry stop</a>. The standard is rather simple: Initiating the stop only requ... | [
"criminal-law",
"police",
"oklahoma"
] |
How may expectation damages be calculated? | 1 | https://law.stackexchange.com/questions/93081/how-may-expectation-damages-be-calculated | CC BY-SA 4.0 | <p>Bob wins an auction for an uncommon item for £100. The seller fails to take payment or deliver the goods. There weren't that many other equivalent items available online at the moment.</p>
<p>Bob's purchase was used, but very lightly and in nearly new condition. All of the other items currently available online are either of a different model/size, or come without certain components included in the price, or are in significantly more dilapidated condition, or all of the above, and are in any event selling for at least £250 and up.</p>
<p>New units of this product retail for £450.</p>
<p>Expectation damages are supposed to put a claimant in the same position they would be in as if the contract had been performed. But if this is not possible in the current market climate, then is it fair to claim for a new unit at the price sold at by the manufacturer? This puts Bob in a <em>better</em> position then he would have had if the contract had been completed.</p>
<p>Suppose the defendant defends the claim and instead of paying Bob the price of a new one proposes to the court to simply fulfill the original contract by selling Bob their used one at the original price and pay Bob's legal costs.</p>
<p>Is this still open to the seller?</p>
<p>Finally, is the original contract price of £100 that Bob would have paid for the used unit to be subtracted from the calculation of expectation damages?</p>
| 93,081 | [
{
"answer_id": 93085,
"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>As a starting point, courts are lik... | [
"england-and-wales",
"damages",
"civil"
] |
gdpr: classification of a psychiatric report | 5 | https://law.stackexchange.com/questions/93005/gdpr-classification-of-a-psychiatric-report | CC BY-SA 4.0 | <p>I'm following a job-related course regarding data protection and the GDPR (European Union, I'm located in Italy). My background is not in law.</p>
<p>I was puzzled whether a psychiatric report ("perizia psichiatrica", a document with legal purposes) falls in the sensitive data category. The course says it does not [edit: I double-checked, and the question was intentionally unclear, so probably that was the reason of the confusion], but I also read that "Health data" is indeed sensitive (<a href="https://www.gdpreu.org/the-regulation/key-concepts/special-categories-personal-data/" rel="nofollow noreferrer">https://www.gdpreu.org/the-regulation/key-concepts/special-categories-personal-data/</a>).</p>
<p>What is the reason behind this apparent paradox?</p>
| 93,005 | [
{
"answer_id": 93025,
"body": "<h2>Its special personal information</h2>\n<p><em>The <a href=\"https://gdpr-info.eu/art-9-gdpr/\" rel=\"noreferrer\">GDPR</a> uses “special” not “sensitive”.</em></p>\n<blockquote>\n<p>Processing of personal data revealing racial or ethnic origin, political opinions, religiou... | [
"gdpr"
] |
How is 'National Amusements' allowed to own Paramount Global? As well as CBS, etc.? In light of U.S. v. Paramount? | 0 | https://law.stackexchange.com/questions/93074/how-is-national-amusements-allowed-to-own-paramount-global-as-well-as-cbs-et | CC BY-SA 4.0 | <p>I know that 1948 was a long time ago, and that antitrust decisions/regulations/etc. seem to weaken over time, but....</p>
<p>The Paramount Global CBS Viacom Whatever conglomerate, majority-owned by National Amusements, Inc., is a company that integrates production of TV shows and movies with distribution of those shows and movies.....</p>
<p>In light of the ongoing writers' strike, should these conglomerates be broken up again?</p>
| 93,074 | [
{
"answer_id": 93079,
"body": "<h2>Markets change over time</h2>\n<p>Most anti-trust/monopoly laws are framed in terms of market dominance.</p>\n<p>In 1948, the only market for video was the cinema. That was an inherently local market; outside the big cities, customers literally had one and only one realist... | [
"business",
"us-supreme-court",
"antitrust-law",
"entertainment-law"
] |
How to get official confirmation if anyone has filled a police complaint against me or not | 1 | https://law.stackexchange.com/questions/93073/how-to-get-official-confirmation-if-anyone-has-filled-a-police-complaint-against | CC BY-SA 4.0 | <p>My wife has alleged that she made a police complaint against me in Germany for a false domestic violence case. Is there a way to find out if any complaint has truly been filed against me or not if I don't live in Germany anymore?</p>
| 93,073 | [
{
"answer_id": 93075,
"body": "<p>You can query the <a href=\"https://de.wikipedia.org/wiki/Zentrales_Staatsanwaltschaftliches_Verfahrensregister#Auskunft\" rel=\"nofollow noreferrer\">Zentrales Staatsanwaltliches Verfahrensregister</a> regarding your own cases once they reach that level. I'm not sure how t... | [
"criminal-law",
"germany",
"human-rights"
] |
Removal of branding constituting trademark infringement | 4 | https://law.stackexchange.com/questions/93028/removal-of-branding-constituting-trademark-infringement | CC BY-SA 4.0 | <p>A common brand of commercial refrigerators used in stores in my country all have the following sticker on them (emphasis mine):</p>
<blockquote>
<h2>Trademark Infringement</h2>
<p>The [Brand Name] trademark on this product is infringed if the owner, for
the time being, does any of the following:</p>
<ul>
<li>Applies the trade mark to the product after its state, condition, get-up or packaging has been altered in any manner</li>
<li>Alters, <strong>removes</strong> (including part removal) or obliterates (including part obliteration) the trade mark on the product</li>
<li>Applies any other trade mark to the product</li>
<li>Adds to the product any written material that is likely to damage the reputation of the trade mark</li>
</ul>
<p>Notice of the above contractual obligations passes to:</p>
<ul>
<li>Successors or assignees of the buyer</li>
<li>Future owners of the product</li>
</ul>
</blockquote>
<p>So they're claiming that removing their branding form one of their products would constitute trademark infringement. Is there any legal basis for this claim (or any of the others)? How could buying one of their units and removing all of their branding from it infringe their trademark?</p>
| 93,028 | [
{
"answer_id": 93065,
"body": "<h2>It’s mostly crap</h2>\n<p><a href=\"https://www.lexology.com/library/detail.aspx?g=0fb17a61-84c4-4b47-b2c9-f8794eca695a\" rel=\"nofollow noreferrer\">Trademarks</a> in <a href=\"/questions/tagged/new-zealand\" class=\"post-tag\" title=\"show questions tagged 'new-zeala... | [
"trademark",
"new-zealand"
] |
Claiming against eBay sellers: mechanics and practicality | -1 | https://law.stackexchange.com/questions/93063/claiming-against-ebay-sellers-mechanics-and-practicality | CC BY-SA 4.0 | <p>It seems clear that in principle eBay sellers are subject to either the consumer rights or sale of goods act respectively, depending on whether the seller is a company or individual.</p>
<p>But how does one claim against just the user name? I doubt that eBay would willingly be so cooperative, so is it purely a matter of filing a legal claim, perhaps performing pre action protocol or even serving claim form by eBay messages and then probably seeking an ex parts or default judgment if they don't engage and then ultimately asking the court to compel eBay to disclose the user's name and address?</p>
| 93,063 | [
{
"answer_id": 93066,
"body": "<h2>You subpoena eBay</h2>\n<p>You file your claim against username. You then subpoena eBay to provide all relevant information about username (name, address etc.). You then update your filing.</p>\n<p>Of course, you have to complete any dispute resolution clauses that may exi... | [
"england-and-wales",
"ecommerce"
] |
Breach of contract between eBay users | -2 | https://law.stackexchange.com/questions/93062/breach-of-contract-between-ebay-users | CC BY-SA 4.0 | <p>Breach of contract between eBay users</p>
<p>Bob bids on an item on eBay. He wins the auction. The seller, perhaps disappointed at the price the item had fetched, promptly"cancels the order" on spurious grounds of "issues with the buyer's delivery address", when the auction was for collection from the seller's address by the buyer. The seller immediately relists the item with identical description and a rare enough item as it is with a higher starting price, thus breaking the contract. Bob hadn't yet had a chance to pay for the item before the seller cancelled it so there is no question of seeking a refund but does the contract of winning the auction not bind the seller as well as the buyer? Bob hadn't paid so have lost any money but he stole wants the item he won. How can he compel the seller to cancel the new auction and sell him the item as they contracted to do?</p>
<p>Related: <a href="https://law.stackexchange.com/questions/92528/lost-merchandise-replacement-or-refund">Lost merchandise: Replacement or refund</a></p>
| 93,062 | [
{
"answer_id": 93064,
"body": "<blockquote>\n<p>How can he compel the seller to cancel the new auction and sell him the item as they contracted to do?</p>\n</blockquote>\n<h3>Expectation damages are the typical remedy for breach of contract</h3>\n<p>The general measure of damages for breach of contract is <... | [
"england-and-wales",
"ecommerce"
] |
In which jurisdictions is publishing false statements a codified crime? | 11 | https://law.stackexchange.com/questions/92956/in-which-jurisdictions-is-publishing-false-statements-a-codified-crime | CC BY-SA 4.0 | <p>Whereas publishing false statements can often be a civil wrong (e.g. libel/defamation), I am seeking examples of where it has been criminalised <em>and</em> codified.</p>
<p>Limitations:</p>
<ul>
<li>Reasonably genuinely democratic jurisdictions. Not interested in authoritarian/dictatorship states where "fake news" or "discrediting" crimes exist</li>
<li>"Publishing" excludes perjury, fraud, hate speech, false police reporting etc.</li>
</ul>
| 92,956 | [
{
"answer_id": 92963,
"body": "<p>Several countries have <a href=\"https://en.wikipedia.org/wiki/Legality_of_Holocaust_denial\" rel=\"noreferrer\">laws against Holocaust denial</a>. Such laws typically punish people who seriously minimise the scale of Nazi crimes, or entirely deny that generally accepted <a... | [
"criminal-law",
"publishing"
] |
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"? | 36 | https://law.stackexchange.com/questions/92852/is-there-a-legal-reason-that-organizations-often-refuse-to-comment-on-an-issue-c | CC BY-SA 4.0 | <p>In news articles, I often read that some organization refused to comment on an issue because it is the <strong>subject of "ongoing litigation"</strong>. This is also mentioned in many guides on public relations, for example this article, <a href="https://www.pushkinpr.com/blog/how-control-your-message-during-media-interview/" rel="noreferrer">How to Control Your Message During a Media Interview</a>, says:</p>
<blockquote>
<p>If there are legal reasons why you can’t respond, explain that you
are unable to answer the question because it involves ongoing
litigation or personal information about a patient.</p>
</blockquote>
<p>But what is that legal reason? Why would an organization not be able to state their position with respect to the issue, such as "We believe we acted correctly, but this will be decided in court"?</p>
<p>Is there a law saying that commenting a court case is illegal? Who does this apply to? Or is this just some guideline or established advice to avoid problems (which ones)?</p>
<hr />
<p>I'm most interested in answers about the US or Germany, but other jurisdictions are fine.</p>
| 92,852 | [
{
"answer_id": 92855,
"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... | [
"rules-of-court",
"litigation",
"any-jurisdiction"
] |
Is Scamming Extortion in New York? | 2 | https://law.stackexchange.com/questions/93031/is-scamming-extortion-in-new-york | CC BY-SA 4.0 | <p>Welcome to the Internet, where people are the worst and want money for nothing:</p>
<p>Alice is a normal citizen of New York with an e-mail address. She receives an E-mail from Bob, a New York State Citizen, in which he claims to have sexually incriminating material collected by tapping into Alice's webcam. Bob demands money via Bitcoin to not share the material with the public. Alice does not own a Webcam so knows that such material doesn't exist, but feels annoyed and informs the police, and does also not pay.</p>
<p>Now, in real life, we know that it is nigh impossible to trace the e-mail back to Bob, but for the exercise, assume that <em>somehow</em> the police manage to identify Bob based on his Bitcoin wallet into which <em>some</em> person they can not identify has paid. Still, they bring it to the prosecution. Bob is found to never had the material they claimed to own for any of the people he sent such mail to.</p>
<p>New York State Prosecutor Charles wants to bring suit but then pauses: The behavior of Bob appears to be extortion, but does this fit the letter of the law? It is clearly not <a href="https://ypdcrime.com/penal.law/article135.php#p135.60" rel="nofollow noreferrer">NYPC § 135.60</a>, as no physical force is there, but maybe <a href="https://ypdcrime.com/penal.law/article155.php#p155.05" rel="nofollow noreferrer">NYPC § 155.05(2)(e)</a> could work.</p>
<p>So Charles brings the suit under NYPC $ 155.05(2)(e)(v), because he believes that the unidentified person has been acting out of fear to be publically humiliated...</p>
<p>Now, the question is: Is that actually the right section or might the whole case be in the wrong venue (e.g. belonging to federal court as wire fraud)?</p>
| 93,031 | [
{
"answer_id": 93034,
"body": "<p>Bob appears to have committed "attempted larceny" by extortion, contrary to <a href=\"https://www.nysenate.gov/legislation/laws/PEN/155.05\" rel=\"nofollow noreferrer\">§ 155.05(2)(e)(v)</a>:</p>\n<blockquote>\n<p>(e) <strong>By extortion.</strong></p>\n<p>A perso... | [
"internet",
"new-york-state",
"extortion"
] |
A witness (former gov't agent) knows top secret USA information. Can a court compel them to reveal the informaton? | 13 | https://law.stackexchange.com/questions/92971/a-witness-former-govt-agent-knows-top-secret-usa-information-can-a-court-com | CC BY-SA 4.0 | <p>A former US federal government employee knows information that was classified as top secret by the federal government. This information is relevant to a case. They were called to testify before the court. This person is not a defendant.</p>
<p>I believe the 5th amendment would be a valid defense since the witness would be violating the Espionage Act, but claiming the 5th on the witness bench would probably ruin the witness' credibility before the jury. Therefore, we may safely exclude "pleading the 5th" on the answers.</p>
<p>Can a court compel the witness to disclose the information? Is there any lawful recourse for the witness (to keep confidentiality) <strong>other than the 5th amendment</strong>?</p>
| 92,971 | [
{
"answer_id": 92972,
"body": "<p>The court should not compel the witness to disclose the information because there is a <a href=\"https://en.wikipedia.org/wiki/State_secrets_privilege\" rel=\"noreferrer\">state secrets privilege</a> which bars disclosure of governmental secrets in litigation.</p>\n<p>An in... | [
"united-states",
"witnesses",
"perjury"
] |
Why don't people who are untruthful during jury selection get held in contempt of court? | 17 | https://law.stackexchange.com/questions/86583/why-dont-people-who-are-untruthful-during-jury-selection-get-held-in-contempt-o | CC BY-SA 4.0 | <p>This question is U.S. based.</p>
<p>I ask this because recently I was summoned for jury duty. When we were in the courtroom, the judge asked each of the jurors in the box a list of questions. One of them was their command/understanding of the English language.</p>
<p>One person said he didn't understand English and ignored the judge's questions. If I recall, some of the follow up questions asked were:</p>
<ul>
<li>Do you understand English? (The guy answered "no")</li>
<li>If you don't know English, how did you know to come here today? (ignored the judge)</li>
<li>How old are you? (ignored the judge)</li>
<li>What do you do? Do you work or go to school? (ignored the judge)</li>
</ul>
<p>It was clear he understood English because once the judge dismissed him, he immediately jumped out of his chair to leave. Everyone laughed because they knew the guy was lying. Even the judge remarked that even though he claimed he didn't understand English, he understood enough English to know "you're dismissed" meant he could leave and couldn't get out of his chair fast enough.</p>
<p>My question is why don't the courts charge people with contempt of court when it's clear they are untruthful? This is total disrespect of the judge and the court and is insulting everyone, especially the honorable judge's intelligence.</p>
<p>We can't charge him with perjury because he didn't take an oath but if people were charged with arrest or contempt of court for this, there would hopefully be less of this.</p>
<p><strong>EDIT:</strong> Sorry, I didn't mean to make this question into a debate about knowledge of English. I just wanted to ask about holding people in contempt or some other punishment to prevent people from being untruthful when questioned during the jury selection process. I understand and sympathize with those who don't have a strong understanding of English to be on the jury and don't mind them being excused.</p>
<p>Yes, maybe if this guy was a better actor and wasn't so blatant about him "not knowing English", I wouldn't be as outraged and he may have still gotten dismissed. He might not fool the judge since the judge probably sees this (acting) from others every day though.</p>
| 86,583 | [
{
"answer_id": 86584,
"body": "<blockquote>\n<p>Why don't people who are untruthful during jury selection get held in\ncontempt of court?</p>\n</blockquote>\n<p>The premise of the title question is incorrect. Jurors are regularly held in contempt of court for being untruthful during jury selection.</p>\n<p>... | [
"united-states",
"jury",
"contempt-of-court"
] |
Is an exact match necessary to prove trademark infringement? | -1 | https://law.stackexchange.com/questions/93037/is-an-exact-match-necessary-to-prove-trademark-infringement | CC BY-SA 4.0 | <p>For the sake of example, let's use Robert E. Howard's character "Conan, the Barbarian". The author died in June 11, 1936, Cross Plains, Texas, United States.</p>
<p>As seen above, it's been almost 97 years of his passing at the time this question was posted. His works, including the mentioned character, are well into public domain.</p>
<p>Though that might be true, the expression "Conan, the Barbarian" is trademarked. Assume I want to write a novel about the rebirth of the character in the modern times. The title would be "Conan, the reborn Barbarian".</p>
<p>Assume the copyright holder sues me for infringement of the eponymous copyright. Do they have cause to file this lawsuit?</p>
<p>Does the use in the hypothetical above constitute a "sufficiently related" use as stated in <a href="https://www.uspto.gov/page/about-trademark-infringement" rel="nofollow noreferrer">https://www.uspto.gov/page/about-trademark-infringement</a></p>
<blockquote>
<p>The key factors considered in most cases are the degree of similarity between the marks at issue and whether the parties' goods and/or services are sufficiently related that consumers are likely to assume (mistakenly) that they come from a common source. Other factors that courts typically consider include how and where the parties' goods or services are advertised, marketed, and sold; the purchasing conditions; the range of prospective purchasers of the goods or services; whether there is any evidence of actual confusion caused by the allegedly infringing mark; the defendant's intent in adopting its mark; and the strength of the plaintiff's mark.</p>
</blockquote>
<p>Issues of <a href="/questions/tagged/copyright" class="post-tag" title="show questions tagged 'copyright'" aria-label="show questions tagged 'copyright'" rel="tag" aria-labelledby="tag-copyright-tooltip-container">copyright</a> are to be ignored. There's no copyrighted material or fair use. The character used in the hypothetical is in <a href="/questions/tagged/public-domain" class="post-tag" title="show questions tagged 'public-domain'" aria-label="show questions tagged 'public-domain'" rel="tag" aria-labelledby="tag-public-domain-tooltip-container">public-domain</a>.</p>
| 93,037 | [
{
"answer_id": 93039,
"body": "<p>An exact match to a trademark is not necessary for trademark infringement to occur, as demonstrated in Toys "R" Us v. Akkaoui, 40 U.S.P.Q.2d (BNA) 1836 (N.D. Cal. 1996). Toys R Us successfully sued the adult website Adults R Us despite the lack of an exact match t... | [
"united-states",
"trademark",
"civil-law",
"public-domain"
] |
What 'specific legal meaning' does the word "strike" have? | 45 | https://law.stackexchange.com/questions/93045/what-specific-legal-meaning-does-the-word-strike-have | CC BY-SA 4.0 | <p>Over on main meta, on <a href="https://meta.stackexchange.com/questions/389834/statement-from-so-june-5-2023-moderator-action">the post containing a statement from Stack Overflow about the current moderator action</a>, there was a brief edit war over the inclusion (or not) of the word "strike" in the title. An SO staff member <a href="https://meta.stackexchange.com/questions/389834/statement-from-so-june-5-2023-moderator-action?cb=1#comment1300884_389834">said</a> :</p>
<blockquote>
<p>While we recognize that the community is referring to this event as a
"strike", that term has a specific legal meaning and we have been
advised not to refer to it as such. For that reason, we ask that
future editors of this post do not edit it to use that language.</p>
</blockquote>
<p>What 'specific legal meaning' might be being referred to here? Why might a corporation want <em>the act of refusing to perform duties</em> to not be referred to as a strike? Is it relevant that those withholding effort are unpaid volunteers?</p>
<p>I'm guessing at the jurisdiction and hence the appropriate tag.</p>
| 93,045 | [
{
"answer_id": 93048,
"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",
"labor-law"
] |
How is internet archiving legal, when it appears to violate many websites terms of use? | 17 | https://law.stackexchange.com/questions/27407/how-is-internet-archiving-legal-when-it-appears-to-violate-many-websites-terms | CC BY-SA 4.0 | <p>Internet archiving services like the <a href="https://archive.org/web/web.php" rel="noreferrer">internet wayback machine</a> work by rehosting content from other website. However, many websites in their term explicitly disallow people to frame their website or rehost their content. So my question is, how are internet archive websites allowed to work? </p>
<p>As a cursory search, I've found that a lot of websites have the phrase (or variants): </p>
<blockquote>
<p>Under no circumstances may you “frame” the websites or any of their content or copy portions of the websites to a server, except as part of an Internet service provider’s incidental caching of pages.</p>
</blockquote>
<p>Yet, many of the sites that have this phrase are archived on <a href="https://archive.org/web/web.php" rel="noreferrer">archive.org</a></p>
<p>My initial thoughts are that these websites don't have a problem with what archive.org is doing, so they don't pursue any legal action. However, it seems that archive.org is blatantly violating a huge number of websites terms. Although I have not legal experience, it seems that this could easily open themselves up to a class action lawsuit. Does anybody have any thoughts on this?</p>
<h1>Relevant Questions</h1>
<p><a href="https://law.stackexchange.com/questions/6929/is-it-legal-to-download-a-website-and-display-it-on-another-that-i-own?rq=1">Rehosting website</a> - This question mentions that rehosting websites violates copyright unless explicitly allowed.</p>
| 27,407 | [
{
"answer_id": 27426,
"body": "<p>Most of the major archiving platforms are nonprofit ventures with purposes that could fall within the fair-use exception to the Copyright Act. Archive.org, for instance, is for educational and archival purposes. Perma.cc, meanwhile, is for preserving legal history.</p>\n<p>... | [
"copyright",
"intellectual-property",
"internet",
"terms-of-service"
] |
To what is the judge in the Lina E. trial referring to by "deplorable deficiencies in recent trials of far-right extremists"? | 1 | https://law.stackexchange.com/questions/92937/to-what-is-the-judge-in-the-lina-e-trial-referring-to-by-deplorable-deficienci | CC BY-SA 4.0 | <p><a href="https://www.bbc.co.uk/news/world-europe-65801804" rel="nofollow noreferrer">It is in the news</a> that there have been protests after the sentencing of Lina E for attacks on neo-Nazis. <a href="https://en.wikipedia.org/wiki/Trial_of_Lina_E.#Arrest_and_trial" rel="nofollow noreferrer">Wikipedia</a> quoting <a href="https://www.fr.de/politik/antifa-news-lina-e-prozess-urteil-verkuendung-demo-leipzig-dresden-kassel-linksextremismus-zr-92312816.html" rel="nofollow noreferrer">this German language news article</a> says:</p>
<blockquote>
<p>Hans Schlüter-Staats, the Higher Regional Court of Dresden judge overseeing the trial, stated that "opposing right-wing extremists is a respectable motive" and that there had been "deplorable" deficiencies in recent trials of far-right extremists</p>
</blockquote>
<p>To what cases is the judge referring to here?</p>
| 92,937 | [
{
"answer_id": 93046,
"body": "<blockquote>\n<p>To what cases is the judge referring to here?</p>\n</blockquote>\n<p>None: neither the quoted article (<a href=\"https://web.archive.org/web/20230602053810/https://www.fr.de/politik/news-lina-e-prozess-urteil-verkuendung-demo-leipzig-dresden-kassel-linksextrem... | [
"germany",
"reference-request"
] |
Can I use code from a computergame that is owned by a company A in order to develop my own game at company B? | -5 | https://law.stackexchange.com/questions/93038/can-i-use-code-from-a-computergame-that-is-owned-by-a-company-a-in-order-to-deve | CC BY-SA 4.0 | <p>I want to develop a game with my own company, lets call it Indiantruckaimulator, that is very similiar to the already existing game, Eurotruck simulator. I would greatly benefit if I could use their Code/Software and simply add some changes.
Is there a way for me to get access to that code, preferably through colaboration :), to be able to build upon that?</p>
<p>Thank you for your time and answers!</p>
| 93,038 | [
{
"answer_id": 93041,
"body": "<p>You ask permission, preferably with legal counsel to handle the details. It really is that simple.</p>\n<p>Unsurprisingly, most companies don't want to give their code away- especially to a competitor. If you even get a response, they will expect something in return i.e. mo... | [
"licensing",
"patents"
] |
Liabilities with restoring a stuck-down video from archive? | 3 | https://law.stackexchange.com/questions/93033/liabilities-with-restoring-a-stuck-down-video-from-archive | CC BY-SA 4.0 | <p>In this [movies.meta.se] question: <a href="https://movies.meta.stackexchange.com/questions/4925/what-if-a-questions-embedded-video-clip-is-struck-down-for-copyright-violation">What if a question's embedded video clip is struck down for copyright violation?</a>, I discuss a potential policy issue for that exchange. In the case I list, there is a question that was asked, which includes an embedded YouTube video from a Star Wars movie to better explain the author's question.</p>
<p>Disney, as Disney does, struck down the video as a copyright violation. (In the case of that particular question, the video, in my opinion, isn't actually needed, as the question, to me, is still understandable.) We get, however, many questions that are related to things shown directly in the attached or linked videos and without them the question becomes problematic in understanding.</p>
<p>My question here is not about (US) "fair use" or the legality or morality of the strike or use of the video, but specifically about one possible choice given by GalacticNinja:</p>
<blockquote>
<p>If I could not find a suitable replacement, I would check for an archived version of the video at the Internet Archive Wayback Machine. (The Internet Archive Wayback Machine can make backups of YouTube videos.)</p>
</blockquote>
<p>If the copyright holder has struck down a video as a violation, what is our potential liability involved, if we were to re-embed or re-link to an archive which still shows the struck down video?</p>
<p>I would ask about potential liability as a user and to the SE corporation.</p>
| 93,033 | [
{
"answer_id": 93043,
"body": "<p>Under the DMCA safe harbor provisions, the platform is protected from liability if they follow specific procedures, but may be liable for contributory infringement if they do not. The crux of the procedural dance is their receipt of official notices and counter notices, and... | [
"copyright",
"liability"
] |
Worker was sent to a store he was fired from but wasn't allowed to complete his job. New employer fired him as result | -3 | https://law.stackexchange.com/questions/93029/worker-was-sent-to-a-store-he-was-fired-from-but-wasnt-allowed-to-complete-his | CC BY-SA 4.0 | <p>This is a theoretical situation. A person had worked at a retail store. He was terminated without cause and with severance. A few years later the same person is working for a marketing company on a part time basis. On one shift the company sends him to the retail store he was terminated from. An hour after arriving, he is told by his manager (by phone) that he has to leave, and is told by the new store manager that he was trespassing and had been banned. There had been no prior discussion about being banned. The marketing company immediately terminated him and canceled his future shifts due to the single "complaint" from the store. There was no notice, explanation or severance pay.</p>
<p>Have any laws been broken? Does the worker have recourse against the marketing company or store? Does it make a difference if he was a part time employee or contractor? Does the worker have a right to know what the store had said about him to see if it was slander?</p>
| 93,029 | [
{
"answer_id": 93035,
"body": "<p>For purposes of this answer I am assuming that Bob is an employee. If Bob was a contractor then Employer could simply stop assigning him shifts. I am also assuming he has worked there more than 3 months as under BC law employees with less than 3 months service can be dismis... | [
"canada",
"is-x-legal",
"labor-law",
"british-columbia"
] |
Who owns a copyright of a work that is found to be infringing? For example Warhol case that SCOTUS heard | 2 | https://law.stackexchange.com/questions/88856/who-owns-a-copyright-of-a-work-that-is-found-to-be-infringing-for-example-warho | CC BY-SA 4.0 | <p>Warhol made screen prints from Lynn Goldsmith's photograph. Those prints have earned millions of dollars. If SCOTUS finds that Warhol infringed, who owns copyright to the Warhol prints? If they are not transformative enough to qualify as fair use, does Goldsmith own the copyright to the prints? Or does Warhol own them and he has to pay a licensing fee?</p>
| 88,856 | [
{
"answer_id": 88886,
"body": "<p>Arguably, no one owns the copyright in the general case. This is a similar case to a previous <a href=\"https://law.stackexchange.com/a/78082/3209\">question I've answered</a>. In short, the US has a statutory provision which bars infringing derivatives from gaining copyrig... | [
"copyright"
] |
Who gets to see the living revocable trust documents when a person dies? | 2 | https://law.stackexchange.com/questions/93008/who-gets-to-see-the-living-revocable-trust-documents-when-a-person-dies | CC BY-SA 4.0 | <p>Suppose that person X has setup a living revocable trust and his or her will leaves everything to the trust. The trust controls who gets the assets after person X dies.</p>
<p>After some time, person X dies. Who has the right to see the living revocable trust? I am thinking the trustee of the trust does and all the beneficiaries of the trust do. Does a contingent beneficiary have the right to see the trust documents? Is there anybody else who has the right to see the trust documents?</p>
<p>The jurisdiction that I am interested in is the United States and in particular the state of New Jersey.</p>
| 93,008 | [
{
"answer_id": 93014,
"body": "<p>Unlike the Last Will and Testament of a decedent, a revocable living trust that becomes irrevocable by virtue of the death of the settlor generally does not become a matter of public record at the death of the settlor.</p>\n<p>In both New Jersey, and under the Uniform Trust... | [
"united-states",
"wills",
"new-jersey",
"trusts-and-estates"
] |
Is Crypto the same as any foreign currency? | 3 | https://law.stackexchange.com/questions/93023/is-crypto-the-same-as-any-foreign-currency | CC BY-SA 4.0 | <p>A foreign currency exchange is nothing new. On the other hand cryptographic currency ("crypto" i.e. Bitcoin) is relatively new, as are their exchanges.</p>
<p><a href="https://abcnews.go.com/Business/wireStory/sec-brings-charges-cryptocurrency-trading-platform-coinbase-99866462" rel="nofollow noreferrer">https://abcnews.go.com/Business/wireStory/sec-brings-charges-cryptocurrency-trading-platform-coinbase-99866462</a></p>
<p>If crypto is a currency, Why not regulate it as a currency and not a security?</p>
| 93,023 | [
{
"answer_id": 93024,
"body": "<blockquote>\n<p>Is Crypto the same as any foreign currency?</p>\n</blockquote>\n<p>No.</p>\n<p>Crypto is generally treated as a commodity and capital asset, like gold, and not like a currency, under U.S. tax law. Other jurisdictions vary in how they treat cryptocurrency legal... | [
"cryptocurrency",
"security"
] |
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