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 certa... | 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-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 f... | 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 ... | 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 colle... | 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 t... | 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 netwo... | 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 Warrant... | 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</... | 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 agre... | 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 ... | 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... | 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 selli... | 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... | 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>
<... | 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, &quo... | 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 in... | 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... | 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 ... | 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, ey... | 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... | 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="htt... | 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.wik... | 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-cons... | 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 '... | 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 Manhat... | 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?... | 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 diverg... | 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 th... | 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 docu... | 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 ... | 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 sch... | 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 ... | 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>... | 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 he... | 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... | 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, ... | 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 stan... | 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 EU... | 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... | 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 pr... | 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... | 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="h... | 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 credi... | 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 regulat... | 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 ar... | 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 completel... | 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.) O... | 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. (a... | 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 t... | 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 ... | 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 retirement... | 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 actua... | 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 gui... | 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, Rich... | 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... | 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 consid... | 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 repr... | 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... | 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" re... | 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 beli... | 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... | 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 ... | 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 ... | 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 sh... | 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... | 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 matte... | 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 fro... | 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 n... | 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-duri... | 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 dema... | 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 wo... | 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 an... | 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, ar... | 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... | 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 interne... | 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 <... | 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 colabo... | 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. ... | 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,... | 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 th... | 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 ... | 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">... | 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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