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 |
|---|---|---|---|---|---|---|---|
Made aware of a utility easement a year on | 8 | https://law.stackexchange.com/questions/92684/made-aware-of-a-utility-easement-a-year-on | CC BY-SA 4.0 | <p>Assume that around 1911 a utility sewer is laid down on private land with an easement that was limited “until a public sewer pipe be built”, with the document being properly filed. Such a construction never happens and the easement eventually is forgotten to be put on the title documents to the house on the register... | 92,684 | [
{
"answer_id": 92687,
"body": "<p>While this question was initially posed as a request for legal advice, I've stated some general principles of this kind of situation generically.</p>\n<p>You are deemed to have "constructive notice" for legal purposes of all documents filed in the public record pe... | [
"new-jersey",
"real-property",
"easement",
"public-records",
"adverse-possession"
] |
Is it legal to create a website that freely provides the contents of books which are another company's IP? | -7 | https://law.stackexchange.com/questions/92700/is-it-legal-to-create-a-website-that-freely-provides-the-contents-of-books-which | CC BY-SA 4.0 | <p>This question is rather specific. I am a fan of the tabletop roleplaying game 'Call of Cthulhu' by Chaosium Inc., but find since it isn't hugely popular that there aren't enough easily accessible online resources for the game. <br>
I want to create a website which serves as an electronic resource for finding the inf... | 92,700 | [
{
"answer_id": 92701,
"body": "<p>You cannot legally publish someone else's materials on a website.</p>\n<p>It is no different from publishing a copy of a book for profit.</p>\n",
"score": 2
}
] | [
"copyright",
"intellectual-property",
"internet"
] |
Does a possible municipal code violation have to be warned about immediately and what is the standard? Can they warn you years after work is complete? | 1 | https://law.stackexchange.com/questions/92648/does-a-possible-municipal-code-violation-have-to-be-warned-about-immediately-and | CC BY-SA 4.0 | <p>This is somewhat of a follow up to another post I made recently. If someone is building on a site newly purchased, and hires contractors / gets permits when required, and then three years later the city has a change of leadership, how long does the city have to decide you did something wrong and make you stop work? ... | 92,648 | [
{
"answer_id": 92659,
"body": "<p>The statute of limitations for this varies greatly from place to place and may vary as well based upon the remedy sought. There might be one statute of limitations for imposing a fine, another for injunctive relief to tear down work, and a third to impose the sanction of no... | [
"statute-of-limitations"
] |
Can hypothesis-publishing make one liable for defamation? | 11 | https://law.stackexchange.com/questions/92673/can-hypothesis-publishing-make-one-liable-for-defamation | CC BY-SA 4.0 | <p>It is understandable that if Bob says "Rob murdered Alice", Bob will be liable for defamation unless he can prove that Rob indeed murdered Alice on the preponderance of evidence (this is true even if Rob has been acquitted of murdering Alice — because the standard of proof in the criminal trial would have ... | 92,673 | [
{
"answer_id": 92679,
"body": "<p><a href=\"/questions/tagged/canada\" class=\"post-tag\" title=\"show questions tagged 'canada'\" aria-label=\"show questions tagged 'canada'\" rel=\"tag\" aria-labelledby=\"tag-canada-tooltip-container\">canada</a></p>\n<p>The aspects of a defamation claim t... | [
"defamation"
] |
If pharmaceutical manufacturing meets US CFR 21, or its European equivalent is it automatically accepted by all other countries? | 2 | https://law.stackexchange.com/questions/92689/if-pharmaceutical-manufacturing-meets-us-cfr-21-or-its-european-equivalent-is-i | CC BY-SA 4.0 | <p>If pharmaceutical manufacturing meets US CFR 21, or its European equivalent is it automatically accepted by all other countries?</p>
<p>Do other countries automatically accept any other countries manufacturing standards if they are more stringent?</p>
| 92,689 | [
{
"answer_id": 92693,
"body": "<blockquote>\n<p>If pharmaceutical manufacturing meets US CFR 21, or its European equivalent is it automatically accepted by all other countries?</p>\n<p>Do other countries automatically accept any other countries manufacturing standards if they are more stringent?</p>\n</bloc... | [
"united-states",
"international",
"medical"
] |
If non-employee whistle blows and reports/tips to government organization, what are the protections offered? | 1 | https://law.stackexchange.com/questions/92690/if-non-employee-whistle-blows-and-reports-tips-to-government-organization-what | CC BY-SA 4.0 | <p>If non-employee whistle blows and reports something else to government organization via anonymous tip or non-anonymous tip, what are the protections offered/possible in theory?</p>
| 92,690 | [
{
"answer_id": 92691,
"body": "<p>A "whistleblower" is by definition an employee, so I assume you mean "what protections does the government provide if a person provides some evidence of wrong-doing?". Basically, you may be protected against violent retribution via some kind of witness-p... | [
"whistleblower"
] |
Do I have any rights if PayPal permanently suspend my account? | 2 | https://law.stackexchange.com/questions/92649/do-i-have-any-rights-if-paypal-permanently-suspend-my-account | CC BY-SA 4.0 | <p>I recently had a message from PayPal telling me that my account has been permanently suspended due to 'unacceptable risk'.
I have only ever used it to make small payments to eBay and such, and I have a maximum credit score on Experian. So there must be some mistake. The 'permanently' language is pretty obnoxious. I ... | 92,649 | [
{
"answer_id": 92651,
"body": "<p>Read the terms: <a href=\"https://www.paypal.com/uk/legalhub/useragreement-full#resolving\" rel=\"nofollow noreferrer\">https://www.paypal.com/uk/legalhub/useragreement-full#resolving</a></p>\n<blockquote>\n<p>These are the terms and conditions of the contract between you a... | [
"united-kingdom",
"finance"
] |
Tax implications when assigning a patent application to a non-US company? | 2 | https://law.stackexchange.com/questions/51344/tax-implications-when-assigning-a-patent-application-to-a-non-us-company | CC BY-SA 4.0 | <p>When a US company transfers ownership for a pending patent application via an assignment to a company outside the US, say for 1 Dollar, are there any tax implications to worry about?</p>
<p>As for the 1 Dollar, I suppose at the pending stage, the argument can be made that the patent application has no substantial v... | 51,344 | [
{
"answer_id": 92668,
"body": "<p>A $1 is often used to transfer things between companies, purely because there is no realised value yet and the contract needs an amount to be paid for it to be valid. My lawyer had done this with Company shares when the company was just starting. The same with IP in softw... | [
"international",
"tax-law"
] |
Could the act of emailing publicly available information be deemed illegal? | 6 | https://law.stackexchange.com/questions/92655/could-the-act-of-emailing-publicly-available-information-be-deemed-illegal | CC BY-SA 4.0 | <p>Andy and Mary are friends. Andy discovers that Mary is secretly working as an escort. Nobody knows about this activity beyond Andy. He tries to convince her that escorting is harmful and will have a serious impact on her mental well-being in the future. Mary disagrees and asserts that her activities are solely relev... | 92,655 | [
{
"answer_id": 92661,
"body": "<p>In the <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>, ... | [
"criminal-law",
"first-amendment",
"email",
"harassment",
"stalking"
] |
Is an AI model considered a derivative work? | 8 | https://law.stackexchange.com/questions/92667/is-an-ai-model-considered-a-derivative-work | CC BY-SA 4.0 | <p>Suppose an AI art model was trained exclusively on Mr. X's artwork. Suppose Mr. X managed to prove that the model was only capable of producing derivative works. He would then own the copyright to all the art produced by this model. But would Mr. X also own the AI model?</p>
<p>Now, let's take this question one step... | 92,667 | [
{
"answer_id": 92670,
"body": "<p>There is no provision for automatically relicensing infringing works (for example, distributing a program that contains parts covered by the <a href=\"https://www.gnu.org/licenses/gpl-3.0.en.html\" rel=\"noreferrer\">GNU GPL</a> and that is therefore a derived work will not... | [
"intellectual-property",
"artificial-intelligence"
] |
Why don't alcoholic beverages have the ingredients list? | 18 | https://law.stackexchange.com/questions/92591/why-dont-alcoholic-beverages-have-the-ingredients-list | CC BY-SA 4.0 | <p>Most alcoholic beverages (such as beers and wines) don't list the ingredients or nutritional information. Why is this? Is there a special exception for alcoholic beverages?</p>
| 92,591 | [
{
"answer_id": 92592,
"body": "<blockquote>\n<p>Is there a special exception for alcoholic beverages?</p>\n</blockquote>\n<p><a href=\"https://inspection.canada.ca/food-labels/labelling/industry/alcoholic-beverages/eng/1624281662154/1624281662623?chap=0\" rel=\"noreferrer\">Yes</a></p>\n<blockquote>\n<p>Sta... | [
"canada",
"alcohol"
] |
Do “out-of-pocket expenses” typically include someone’s time? | 6 | https://law.stackexchange.com/questions/92662/do-out-of-pocket-expenses-typically-include-someone-s-time | CC BY-SA 4.0 | <p>The Residential Tenancies Act (2006) of Ontario states the following:</p>
<blockquote>
<p>A landlord may charge a tenant only for the landlord’s reasonable out-of-pocket expenses incurred in giving consent to an assignment to a potential assignee.</p>
</blockquote>
<p>My landlord is charging $150 claiming that this ... | 92,662 | [
{
"answer_id": 92671,
"body": "<h2><a href=\"https://www.investopedia.com/terms/o/outofpocket.asp#:%7E:text=What%20Does%20Out%2Dof%2DPocket,outlay%20reaches%20the%20insurance%20deductible.\" rel=\"nofollow noreferrer\">Out of pocket expenses</a> are those that are actually paid in cash or cash equivalents</... | [
"ontario",
"language",
"fair-housing-acts"
] |
Trading authority and incapacitation | 3 | https://law.stackexchange.com/questions/92654/trading-authority-and-incapacitation | CC BY-SA 4.0 | <p>Person X gives Person Y the authority to trade person's X brokerage account and to take money out of the account for the benefit of person X. It is not a durable power.</p>
<p>After some time, person Y has good reason to believe that person X is no longer legally competent, in part, because two doctors have expresse... | 92,654 | [
{
"answer_id": 92658,
"body": "<blockquote>\n<p>Has person Y lost his ability to trade for person X?</p>\n</blockquote>\n<p>Yes. A power of attorney that is not a durable power is not longer effective when the principal is incapacitated.</p>\n<p>If the agent believes that the principal is incapacitated the ... | [
"united-states",
"new-jersey",
"securities",
"disabilities",
"power-of-attorney"
] |
Can a lease last forever? | 5 | https://law.stackexchange.com/questions/92650/can-a-lease-last-forever | CC BY-SA 4.0 | <p>If two parties agree to a lease on real property, can the lease be binding in perpetuity if it lacks a termination date? Can the lease ever be rescinded because the lessor wishes to terminate the lease?</p>
| 92,650 | [
{
"answer_id": 92663,
"body": "<p>A lease agreement can terminate for many reasons. One of them is that the lease specifically states a termination date. Another is that there could be a clause allowing unilateral or bilateral termination, e.g. "the parties may mutually agree to terminate the lease&quo... | [
"united-states",
"lease"
] |
The nature of do not contact requests and crafting one that is irrevocable and permanently keeping away an ex | 2 | https://law.stackexchange.com/questions/92622/the-nature-of-do-not-contact-requests-and-crafting-one-that-is-irrevocable-and-p | CC BY-SA 4.0 | <p>Firstly, as a premise, what is the legal effect of expressly asking one not to contact them? Does it alter the nature of any future attempts to do so that are not of a legal-procedural nature? Off the cursory top of my head, I cannot think of any decisive way in which it would (such as a trespass warning in the Unit... | 92,622 | [
{
"answer_id": 92626,
"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>... | [
"england-and-wales",
"any-jurisdiction",
"abuse",
"domestic-abuse"
] |
Does a US company moving its PII and web servers to the EU solve the Meta fine problem? | 6 | https://law.stackexchange.com/questions/92647/does-a-us-company-moving-its-pii-and-web-servers-to-the-eu-solve-the-meta-fine-p | CC BY-SA 4.0 | <p><a href="https://law.stackexchange.com/questions/92634/are-global-user-account-systems-now-illegal-following-facebook-fine">As discussed in this question</a> <a href="https://www.theguardian.com/technology/2023/may/22/facebook-fined-mishandling-user-information-ireland-eu-meta" rel="noreferrer">about the Meta fine</... | 92,647 | [
{
"answer_id": 92656,
"body": "<p>Maybe this changes something, maybe not. But at first glance, yes, avoiding US-based vendors does help comply with Schrems II. They need not be EU-based.</p>\n<h2>Definition of an international data transfer</h2>\n<p>The GDPR unfortunately does not define what an internatio... | [
"united-states",
"gdpr",
"is-x-legal"
] |
Is handing out bibles near school property a 1st amendment violation? | 0 | https://law.stackexchange.com/questions/92614/is-handing-out-bibles-near-school-property-a-1st-amendment-violation | CC BY-SA 4.0 | <p>Context: There was some random guy handing out pocket bibles on the road path leading out of the school a few weeks ago. I don't think they were on school property, but they were close if that is important. They were holding out bibles, but never forced or asked anyone to take it. They did not show up ever again.</p... | 92,614 | [
{
"answer_id": 92624,
"body": "<p>The Establishment Clause of the First Amendment to the United States Constitution does not prohibit people with no affiliation with the government from trying to convert people to their religion in a way not endorsed by a government official or agency.</p>\n<p>It could be t... | [
"united-states",
"education",
"first-amendment",
"religion",
"school"
] |
Rear ended auto accident | 1 | https://law.stackexchange.com/questions/92613/rear-ended-auto-accident | CC BY-SA 4.0 | <p>A driver in car A is driving down a road and encounters the following that forces a hard brake:</p>
<ol>
<li>A branch or electrical line dropping on the roadway.</li>
<li>A dog running out into the roadway, as per driver A. Disputed by driver B. (Brake check)</li>
<li>A ball rolling into the roadway.</li>
</ol>
<p>A... | 92,613 | [
{
"answer_id": 92628,
"body": "<h2>In a rear-end accident the car at the back is (almost) always at fault</h2>\n<p><a href=\"/questions/tagged/australia\" class=\"post-tag\" title=\"show questions tagged 'australia'\" aria-label=\"show questions tagged 'australia'\" rel=\"tag\" aria-labelled... | [
"car-insurance"
] |
Legality of an Ohio mariage if the ceremony was outside the state | 1 | https://law.stackexchange.com/questions/92631/legality-of-an-ohio-mariage-if-the-ceremony-was-outside-the-state | CC BY-SA 4.0 | <p>A friend of mine recently told me an interesting detail about her mariage ceremony. She got her mariage licence in Ohio but they had the ceremony just across the border in another state. Neither of them was a resident in Ohio at that time. As far as I understand, non residents need to marry in the county where they ... | 92,631 | [
{
"answer_id": 92632,
"body": "<p>The specific venue requirement is <a href=\"https://codes.ohio.gov/ohio-revised-code/section-3101.05\" rel=\"nofollow noreferrer\">ORC 3101.05</a> which says that</p>\n<blockquote>\n<p>Each of the persons seeking a marriage license shall personally appear\nin the probate co... | [
"marriage",
"ohio"
] |
What range of applications does the concept of “master of an offer” have? | 0 | https://law.stackexchange.com/questions/92623/what-range-of-applications-does-the-concept-of-master-of-an-offer-have | CC BY-SA 4.0 | <p>Is it an ad hoc creation for or rationalisation of the situation with private lot parking tickets, or does it have any broader applications /currency as a proper abstraction?</p>
| 92,623 | [
{
"answer_id": 92629,
"body": "<h2>It has two</h2>\n<ol>\n<li>The offeror can revoke the offer at any time <em>before</em> acceptance</li>\n<li>The offeror can stipulate the manner in which acceptance of the offer is to be done. This can relate to time, place, and method of acceptance including if acceptanc... | [
"contract-law",
"common-law"
] |
Are "Dry humping" and "Molesting" the same thing? | -6 | https://law.stackexchange.com/questions/28795/are-dry-humping-and-molesting-the-same-thing | CC BY-SA 4.0 | <p>My friend's ex-boyfriend got sentenced to four years in prison for "molesting" his girlfriend who is my friend and his ex-girlfriend only they were together when he "dry humped" her. I don't quite understand it because it's not that I don't believe her I just don't see how any harm was done. She ... | 28,795 | [
{
"answer_id": 28796,
"body": "<p>How is holding her down and dry-humping her <em>not</em> molesting her? </p>\n\n<p>\"Molesting\" doesn't imply that any penetration or rape took place - it's a much broader term covering pretty much any sort of unwanted sexual contact (although more often, but not exclusiv... | [
"criminal-law",
"sexual-assault"
] |
When is payment by a mailed check made? | 2 | https://law.stackexchange.com/questions/92612/when-is-payment-by-a-mailed-check-made | CC BY-SA 4.0 | <p>A contract is executed between two Indiana LLCs which obligates the payor to "pay $100 on the 1st of each month" in exchange for goods/services. No other terms are given.
Payor mails a check on the first, and Payee contests that if Payor is to pay by check, the check must be enforceable by the 1st (receiv... | 92,612 | [
{
"answer_id": 92627,
"body": "<h2>Payment is “made” when the money (or equivalent) is in the hands of the payee</h2>\n<p>For your situation, the payee is right.</p>\n",
"score": 1
}
] | [
"united-states",
"contract-law",
"ucc"
] |
Am I legally obligated to let a store clerk see my receipt? | 1 | https://law.stackexchange.com/questions/92610/am-i-legally-obligated-to-let-a-store-clerk-see-my-receipt | CC BY-SA 4.0 | <p>For as long as I can recall, bulk stores in the area I live (e.g. Costco, BJs, etc.) have checked customers' receipts as they exit the store to verify that all items in their cart are what was purchased.</p>
<p>In recent years, Walmart has substantially eliminated its cashiers in favor of self-checkout lines and sta... | 92,610 | [
{
"answer_id": 92618,
"body": "<p>The 4th amendment protection against unreasonable searches is irrelevant, since it only relates to governmental searches. There may be "shopkeeper privilege" laws in your state that enable a detention. Ordinarily, you cannot be arrested by a person – that would be... | [
"united-states",
"commerce",
"receipts"
] |
Illegal to renew cat's urinary food prescription if no yearly examination in WA State, USA? | 3 | https://law.stackexchange.com/questions/92522/illegal-to-renew-cats-urinary-food-prescription-if-no-yearly-examination-in-wa | CC BY-SA 4.0 | <p>My friend's cat had emergency bladder stone surgery a couple of years ago. They put the cat on prescription urinary food my friend ordered online. The vet is refusing to renew the prescription because my friend hasn't brought cat in to see the doctor in the past year.</p>
<p>My friend says the vet is claiming it wou... | 92,522 | [
{
"answer_id": 92524,
"body": "<p>This is true. <a href=\"https://app.leg.wa.gov/wac/default.aspx?cite=246-933&full=true\" rel=\"noreferrer\">Ch. 246-933-200 WAC</a> (1)(b)(i) requires that the veterinarian</p>\n<blockquote>\n<p>Has examined the animal(s) within the last year, or sooner if\nmedically ap... | [
"medical",
"washington",
"pets"
] |
Is it legal to coerce employees into undergoing lie detector tests? | 4 | https://law.stackexchange.com/questions/1219/is-it-legal-to-coerce-employees-into-undergoing-lie-detector-tests | CC BY-SA 4.0 | <p>Someone has been stealing from my girlfriend's workplace (not her) and they're forcing everyone there to undergo a lie detector test or lose their jobs. Since such tests don't actually work, is this even legal?</p>
<p>I have done some research but I can't get a straight answer under UK law, as the web mostly mention... | 1,219 | [
{
"answer_id": 1276,
"body": "<p>From <a href=\"http://www.private-investigators-uk.com/lie-detector-test/lie-detector-test-uk-laws\" rel=\"nofollow noreferrer\">Private Investigators UK</a>:</p>\n<blockquote>\n<p>Polygraph testing is 100 per cent, totally, completely legal in the United Kingdom. However, t... | [
"united-kingdom",
"employment",
"is-x-legal"
] |
Can you keep money from an unknown source? | 1 | https://law.stackexchange.com/questions/92577/can-you-keep-money-from-an-unknown-source | CC BY-SA 4.0 | <p>I have recently rewatched <em>Breaking Bad</em>, and something that happened in the last season had me wondering. Jessie tries to give $2.5M each to Mike's granddaughter and the family of the boy that was killed. Saul states that in both cases, this suspicious money would be seized instantly and advises against thi... | 92,577 | [
{
"answer_id": 92594,
"body": "<p>The process would play roughly as follows.</p>\n<ol>\n<li>Jessie gives $2.5M to Mike's granddaughter as a gift.</li>\n<li>Mike's granddaughter files this as income. I believe the appropriate tax law would be inheritance law and as they are not related the tax would be quite... | [
"united-states",
"criminal-law",
"tax-law",
"money-laundering",
"income-tax"
] |
Can a tenant assume responsibilities for smoke detectors in Minnesota? | 1 | https://law.stackexchange.com/questions/92538/can-a-tenant-assume-responsibilities-for-smoke-detectors-in-minnesota | CC BY-SA 4.0 | <p>My interpretation is that in Minnesota, the landlord of a residence is responsible for keeping the smoke detector functioning, and that this is part of the implied warranty of habitability. I think that means that if a fire breaks out due to a failure to install or repair the smoke detector, the landlord is liable f... | 92,538 | [
{
"answer_id": 92611,
"body": "<p>The fair reading is that the landlord must always ultimately be responsible for maintaining smoke detectors, even if the lease purports to say otherwise.</p>\n<p>The lease could probably shift the economic cost of complying to the tenant (e.g. charging the tenant for batter... | [
"tenant",
"residential-lease",
"minnesota"
] |
Overriding offered contract acceptance methods with express written declaration | 4 | https://law.stackexchange.com/questions/92593/overriding-offered-contract-acceptance-methods-with-express-written-declaration | CC BY-SA 4.0 | <p>Bob would rather face the consequences of trespassing than pay for a license to occupy a privately owned parking spot.</p>
<p>He pulls into the lot which says “by parking here you agree to pay £10/hour.</p>
<p>Bob wishes to reject this offer to buy a license and so park his car without any license, ie as a trespasse... | 92,593 | [
{
"answer_id": 92600,
"body": "<h3>The offeror has stipulated that acceptance is to be by conduct</h3>\n<p>As explained in <a href=\"https://law.stackexchange.com/a/92400/46948\">another answer</a>, given that the offeror has stipulated that parking in the lot will constitute acceptance, and given that the ... | [
"contract-law",
"england-and-wales",
"trespass",
"any-jurisdiction",
"parking"
] |
Liability of products that are inherently risky (e.g. skateboard) | 20 | https://law.stackexchange.com/questions/92510/liability-of-products-that-are-inherently-risky-e-g-skateboard | CC BY-SA 4.0 | <p>How do manufacturers of products that necessarily imply risk deal with liability?</p>
<ul>
<li>Are they only liable if the product malfunctions in an unexpected and unpredictable way (e.g., the board breaks)?</li>
<li>Does liability only apply when a product injures a user, but not when the users injures themselves ... | 92,510 | [
{
"answer_id": 92520,
"body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged 'united-states'\" aria-label=\"show questions tagged 'united-states'\" rel=\"tag\" aria-labelledby=\"tag-united-states-tooltip-container\">united-states</a></p>\n<h3... | [
"liability",
"product-liability"
] |
What options are there for executor when no close family member is available? | 13 | https://law.stackexchange.com/questions/92568/what-options-are-there-for-executor-when-no-close-family-member-is-available | CC BY-SA 4.0 | <p>What alternatives exist for finding and appointing an executor for one's will/estate for a person with no close family or qualified friend? Are there pros and cons?</p>
| 92,568 | [
{
"answer_id": 92569,
"body": "<p>Often one chooses your accountant, your financial advisor, or your lawyer. Another option is to appoint the trust department of a bank.</p>\n<p>I personally, as a lawyer, have a policy of not consenting to do that except in rare cases like the one in this question, of a cli... | [
"united-states",
"texas",
"wills",
"executor"
] |
Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict? | -2 | https://law.stackexchange.com/questions/92551/can-evidence-that-100-proves-guilt-but-was-obtained-100-illegally-sway-a-jur | CC BY-SA 4.0 | <p>Raymond the Rapist raped Dan the Dad's child. Dan takes Raymond to court, but there's 0 evidence, and it's basically a he-said-she-said deal, and there's nothing Dan can do to convict Raymond. So Dan, not caring about what happens to him, takes matters into his own hands, and breaks into Raymond's home, and finds ir... | 92,551 | [
{
"answer_id": 92552,
"body": "<p>The 4th Amendment exclusionary rule applies automatically in cases where law enforcement obtains evidence illegally (subject to exceptions not applicable here).</p>\n<p>In its 1920 decision in <em>Burdeau vs. McDowell,</em> the U.S. Supreme Court held that the 4th amendment... | [
"united-states",
"criminal-law",
"evidence",
"rules-of-evidence",
"warrant"
] |
What if a previous US President was found ineligible to be President? | 1 | https://law.stackexchange.com/questions/92582/what-if-a-previous-us-president-was-found-ineligible-to-be-president | CC BY-SA 4.0 | <p>Purely a hypothetical question: What if a previous US President was found ineligible to be President?</p>
<p>Lets say we found Obama's <em>"real"</em> birth certificate and he was not born in the US.</p>
<p>What would happen? Are there any provisions for this? Would laws be invalidated? Supreme Court j... | 92,582 | [
{
"answer_id": 92601,
"body": "<blockquote>\n<p>What would happen?</p>\n</blockquote>\n<p>Nothing.</p>\n<p>The Courts would deem it to be a political question that was decisively and conclusively resolved when Congress ratified the electoral vote and the President was sworn in.</p>\n<p>To the extent that th... | [
"us-constitution",
"elections",
"us-president"
] |
Have any recent US court decisions cited English common law? | 2 | https://law.stackexchange.com/questions/92583/have-any-recent-us-court-decisions-cited-english-common-law | CC BY-SA 4.0 | <p>As I understand it, the common law system in the United States inherited the body of caselaw developed by English courts up until the US declared independence, at which point we started developing our own additions to common law. So, for example, <a href="https://en.wikipedia.org/wiki/Scrope_v_Grosvenor" rel="nofoll... | 92,583 | [
{
"answer_id": 92597,
"body": "<p>Infamously, the Supreme Court majority in <a href=\"https://en.wikipedia.org/wiki/Dobbs_v._Jackson_Women%27s_Health_Organization\" rel=\"nofollow noreferrer\"><em>Dobbs v. Jackson Women's Health Organization</em></a>, <a href=\"https://www.law.cornell.edu/supremecourt/text/... | [
"united-states",
"england-and-wales",
"common-law"
] |
Must Frank the farmer indicate the macro nutrient contents of his fresh, direct to consumer milk? | -2 | https://law.stackexchange.com/questions/92581/must-frank-the-farmer-indicate-the-macro-nutrient-contents-of-his-fresh-direct | CC BY-SA 4.0 | <p>Frank the farmer milks his cattle and bottles the milk directly from the udders with no pre treating or processing involved. He then brings these bottles of fresh milk to various farmers' markets where he sells them directly to consumers. Do normal food product labelling requirements as apparently govern other packa... | 92,581 | [
{
"answer_id": 92596,
"body": "<p>For raw drinking milk (RDM), read the government's <a href=\"https://www.food.gov.uk/business-guidance/raw-drinking-milk-guidance\" rel=\"nofollow noreferrer\">Raw Drinking Milk Guidance</a>. In England and Wales, Frank's raw milk containers must be labelled with the words ... | [
"england-and-wales",
"food"
] |
Does Montana's law to ban TikTok violate Sections 9 and 10 of the Constitution? | 9 | https://law.stackexchange.com/questions/92532/does-montanas-law-to-ban-tiktok-violate-sections-9-and-10-of-the-constitution | CC BY-SA 4.0 | <p>The State of Montana has passed <a href="http://laws.leg.mt.gov/legprd/LAW0203W$BSRV.ActionQuery?P_SESS=20231&P_BLTP_BILL_TYP_CD=SB&P_BILL_NO=419&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_ENTY_ID_SEQ2=&P_SBJT_SBJ_CD=&P_ENTY_ID_SEQ=" rel="nofollow noreferrer">SB419</a> which bans TikTo... | 92,532 | [
{
"answer_id": 92534,
"body": "<p>There are potential constitutional challenges to the bill, but as noted by <a href=\"https://law.stackexchange.com/a/92533/9517\">the answer from user6726</a>, a bill of attainder challenge would not be a very strong one. Better arguments that the legislation is unconstitut... | [
"us-constitution",
"montana"
] |
Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division? | 3 | https://law.stackexchange.com/questions/92504/is-a-denial-of-a-motion-to-compel-arbitration-reviewed-de-novo-by-the-appellate | CC BY-SA 4.0 | <p>Appeals of an arbitration award are reviewed <em>de novo</em>. Does the same apply to the denial of a Motion to Compel Arbitration? In other words, if the trial court denied a motion to compel arbitration, is the appealing party entitled to ask the Appellate Division to review matters of fact or only matters of law?... | 92,504 | [
{
"answer_id": 92505,
"body": "<p>The appellate court reviews based upon the trial court record.</p>\n<p>To the extent that it turns on questions of law, including interpretations of written documents whose authenticity is not in question, this review is <em>de novo</em>. Likewise, decisions on this issue m... | [
"united-states",
"evidence",
"trial",
"appeal",
"arbitration"
] |
Is it legal to drive in reverse on a non-divided road that has a speed limit of more than 80 km/h? | 7 | https://law.stackexchange.com/questions/92570/is-it-legal-to-drive-in-reverse-on-a-non-divided-road-that-has-a-speed-limit-of | CC BY-SA 4.0 | <p>In <em>"The Official Ministry of Transportation (MTO) Driver’s Handbook"</em>, they <a href="https://www.ontario.ca/document/official-mto-drivers-handbook/changing-directions" rel="noreferrer">said</a></p>
<blockquote>
<p>It is illegal to drive in reverse on a divided road that has a speed limit of more th... | 92,570 | [
{
"answer_id": 92572,
"body": "<p>The only <em>specific</em> prohibition of "backing" is at <a href=\"https://www.ontario.ca/laws/statute/90h08#BK263\" rel=\"noreferrer\">s. 157 of the <em>Highway Traffic Act</em></a>:</p>\n<blockquote>\n<p>157 (1) No driver of a vehicle shall back the vehicle upo... | [
"canada",
"driving",
"regulations",
"ontario"
] |
Is distributing software that makes modifications to video games legal? | 4 | https://law.stackexchange.com/questions/92557/is-distributing-software-that-makes-modifications-to-video-games-legal | CC BY-SA 4.0 | <p>Unlike most game mods (which are, to my knowledge, a distribution of a copy of modified game software), I'm writing a small desktop application which allows users to make their own custom changes (modifications/mods) to (their own copy) of the game by using the app.</p>
<p>The app will make a copy of some of the gam... | 92,557 | [
{
"answer_id": 92563,
"body": "<p>The legal question is whether you would be vicariously liable for copyright infringement, by distributing this software. You can read <a href=\"https://www.ce9.uscourts.gov/jury-instructions/node/277\" rel=\"nofollow noreferrer\">here</a> the requirements for vicarious liab... | [
"copyright",
"software",
"hacking",
"video-games"
] |
Changing a Will | 2 | https://law.stackexchange.com/questions/92556/changing-a-will | CC BY-SA 4.0 | <p>Person XYZ goes to an attorney and hires to the attorney to draw up a will. The attorney produces the will and it is signed.</p>
<p>After several years, the person goes back to the attorney and asks the attorney to change the will. The attorney believes that the XYZ person is no longer legally competent but the att... | 92,556 | [
{
"answer_id": 92573,
"body": "<p>The attorney would consider <a href=\"https://www.courts.wa.gov/court_rules/pdf/RPC/GA_RPC_01_14_00.pdf\" rel=\"nofollow noreferrer\">RPC 1.14</a>, which means that he "shall, as far as reasonably possible, maintain a normal client-lawyer\nrelationship with the client&... | [
"united-states",
"family-law",
"wills",
"new-jersey"
] |
Can political parties becoming public? | -6 | https://law.stackexchange.com/questions/92380/can-political-parties-becoming-public | CC BY-SA 4.0 | <p>Can political parties become public?</p>
<p>For example, could the Democrat and Republican parties in the US carry out initial public offerings (IPOs), listing shares on NASDAQ and NYSE?</p>
| 92,380 | [
{
"answer_id": 92388,
"body": "<h2>not in <a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged 'germany'\" aria-label=\"show questions tagged 'germany'\" rel=\"tag\" aria-labelledby=\"tag-germany-tooltip-container\">germany</a></h2>\n<p>Germany has laws abou... | [
"united-states",
"constitutional-law",
"us-constitution",
"lawyer",
"judge"
] |
Virginia right turn arrow street markings | 7 | https://law.stackexchange.com/questions/92566/virginia-right-turn-arrow-street-markings | CC BY-SA 4.0 | <p>In Virginia does a right turn arrow in white painted on the street <em>require</em> you to turn right? Or does it also have to say right turn only? Or perhaps there has to be a physical sign? Or can this be ignored and you can continue straight, if the lane continues?</p>
<p>I guess the real question is what are ... | 92,566 | [
{
"answer_id": 92571,
"body": "<p><a href=\"/questions/tagged/virginia\" class=\"post-tag\" title=\"show questions tagged 'virginia'\" aria-label=\"show questions tagged 'virginia'\" rel=\"tag\" aria-labelledby=\"tag-virginia-tooltip-container\">virginia</a></p>\n<p><a href=\"https://www.dmv... | [
"traffic",
"driving",
"virginia"
] |
Administering a will in Mississippi | 2 | https://law.stackexchange.com/questions/92564/administering-a-will-in-mississippi | CC BY-SA 4.0 | <p>Mississippi will situation. My father recently passed and has a now discovered will (we had no knowledge prior). My brother and I are named executors of the will but have only been provided copies by a no executor and her attorney. We have asked for the original will but they refuse to provide it. Do we have to admi... | 92,564 | [
{
"answer_id": 92565,
"body": "<p><a href=\"https://law.justia.com/codes/mississippi/2020/title-91/chapter-7/\" rel=\"noreferrer\">Mississippi law</a> says that (MS Code §91-7-5)</p>\n<blockquote>\n<p>The chancery court of the proper county, on being informed that any\nperson has the last will and testament... | [
"wills",
"mississippi"
] |
Is it legal to use force against a person who is illegally trying to disconnect a hospital patient's life support with intent to kill the patient? | 14 | https://law.stackexchange.com/questions/92329/is-it-legal-to-use-force-against-a-person-who-is-illegally-trying-to-disconnect | CC BY-SA 4.0 | <p>Alice is visiting Bob, who is on life support in a hospital, when Mallory comes into the room and tries to disconnect Bob's life support with intent to kill Bob. Is Alice allowed to use force against Mallory to protect Bob? There is no euthanasia law or other law allowing Mallory to disconnect Bob's life support, an... | 92,329 | [
{
"answer_id": 92338,
"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... | [
"self-defense",
"any-jurisdiction",
"defense-of-others"
] |
Equal protection, discrimination, and real estate | 2 | https://law.stackexchange.com/questions/92547/equal-protection-discrimination-and-real-estate | CC BY-SA 4.0 | <p>I am curious about the apparent success of ethnically restrictive laws on residence or property ownership after the fourteenth amendment was ratified.</p>
<p>Hansberry v. Lee, 311 U.S. 32 (1940) ruled that a restrictive covenant violated due process. But that was a covenant, not a law, and the ruling only protected... | 92,547 | [
{
"answer_id": 92554,
"body": "<p>Prior to <a href=\"https://supreme.justia.com/cases/federal/us/334/1/\" rel=\"nofollow noreferrer\">Shelley v. Kramer</a>, racial covenants were considered to be outside the scope of the 14th Amendment, because as stated in <a href=\"https://supreme.justia.com/cases/federal... | [
"united-states",
"legal-history",
"equal-protection"
] |
How is the 14th amendment relevant to the debt ceiling? | 1 | https://law.stackexchange.com/questions/92559/how-is-the-14th-amendment-relevant-to-the-debt-ceiling | CC BY-SA 4.0 | <p>My understanding is:</p>
<ul>
<li><p>The 14th amendment says that any debt the United States has taken on must be honored.</p>
</li>
<li><p>Previous legislation by Congress prohibits the government from borrowing more than a certain amount of money.</p>
</li>
</ul>
<p>So far so good. I could probably understand the ... | 92,559 | [
{
"answer_id": 92561,
"body": "<p>Congress passes, and the President signs, a legal binding budget for the Federal Government that in broad strokes dictates "we will spend $6.2 Trillion dollars".</p>\n<p>They pass this budget, knowing full well that estimated Tax Receipts (how much money the Gover... | [
"united-states",
"debt",
"fourteenth-amendment"
] |
Section 9 Criminal Justice Act applicable to family law? | 1 | https://law.stackexchange.com/questions/92542/section-9-criminal-justice-act-applicable-to-family-law | CC BY-SA 4.0 | <p>Nuanced, procedural thing.</p>
<p>In the UK law system:</p>
<ul>
<li>Witness statement</li>
<li>Position statement</li>
<li>Statement of truth</li>
<li>Statement under oath</li>
</ul>
<p><a href="https://www.legislation.gov.uk/uksi/2020/759/part/16" rel="nofollow noreferrer">Criminal Procedure Rules 2020</a></p>
<bl... | 92,542 | [
{
"answer_id": 92545,
"body": "<p>Section 9 CJA statements are for criminal proceedings, and there is no cross-pollination.</p>\n<p>For family law, see <a href=\"https://www.legislation.gov.uk/uksi/2010/2955/rule/22.4?timeline=false\" rel=\"nofollow noreferrer\">Rule 22.4</a>, Family Procedure Rules 2010:</... | [
"united-kingdom",
"evidence",
"rules-of-court",
"criminal-procedure"
] |
When lords were tried by the House of Lords, where could they appeal to? | 11 | https://law.stackexchange.com/questions/92529/when-lords-were-tried-by-the-house-of-lords-where-could-they-appeal-to | CC BY-SA 4.0 | <p>If a lord was proceeded against then the HoL would be the venue of first instance. But where would the appeal go from there, and what was the venue of last resort? Or was it there be all and end all, ie at one and the same time the court of both first instance and last resort</p>
| 92,529 | [
{
"answer_id": 92531,
"body": "<h3>Short Answer</h3>\n<p>There were <a href=\"https://en.wikipedia.org/wiki/List_of_trials_of_peers_in_the_House_of_Lords\" rel=\"noreferrer\">30 House of Lords convictions</a> of peers resulting in a punishment for the peer (in 29 cases a death sentence, and in the one final... | [
"united-kingdom",
"court",
"appeal",
"house-of-lords"
] |
Can artists file for plagiarism if their art is used in AI models to make AI art, given that there is proof they're the authors of their work? | 2 | https://law.stackexchange.com/questions/92535/can-artists-file-for-plagiarism-if-their-art-is-used-in-ai-models-to-make-ai-art | CC BY-SA 4.0 | <p><strong>(I am an IT student writing a report proposing using blockchain technology to attribute "art" files, used in AI models, to their authors. I know next to nothing about copyright laws for creative works)</strong></p>
<p>Suppose metadata in the files used for AI models to generate new derivative art c... | 92,535 | [
{
"answer_id": 92536,
"body": "<h2>"Plagiarism" is an academic concept, not a legal one</h2>\n<p>Plagiarising the work of another without attribution is academic misconduct in every reputable academic facility and can lead to disciplinary action. But it's not against the law, and you can't be sued... | [
"copyright",
"artificial-intelligence",
"attribution"
] |
Are FBI agents eligible to be whistleblowers? | 6 | https://law.stackexchange.com/questions/92540/are-fbi-agents-eligible-to-be-whistleblowers | CC BY-SA 4.0 | <p>According to <a href="https://whistleblower.house.gov/sites/whistleblower.house.gov/files/wysiwyg_uploaded/Whistleblower_Protection_Act_Fact_Sheet.pdf" rel="noreferrer">this summary document on house.gov</a>, they're not. I thought this was very interesting considering all the hubbub in the <em>House of Representati... | 92,540 | [
{
"answer_id": 92541,
"body": "<p>This particular list of excluded branches seems to refer to those who are able to excercise whistleblowing protections through the U.S. Office of Special Counsel. It does not mean that employees excluded by these rules would be unable to whistleblow at all. Rather, the go... | [
"united-states",
"fbi",
"whistleblower"
] |
Do municipalities have statutes of limitations for fines, or formal evidence requirements? | 1 | https://law.stackexchange.com/questions/92544/do-municipalities-have-statutes-of-limitations-for-fines-or-formal-evidence-req | CC BY-SA 4.0 | <p>Just doing a little legal research and wondering how technical it gets when paying fines to a city for alleged violations.</p>
<p>Unlike with the criminal courts it seems like a city can just fine you for something and have no evidence and then circumvent normal procedure but make you stop on your project.</p>
<p>Do... | 92,544 | [
{
"answer_id": 92546,
"body": "<p>Almost by definition, the answer varies from jurisdiction to jurisdiction.</p>\n<p>Colorado, for example, has a statute establishing some boundaries on the authority of local governments to establish criminal and quasi-criminal ordinances (e.g., limiting that maximum penalt... | [
"municipal-law"
] |
Can misrepresentation in a contract of professional credentials of an employee invalidate the contract? | 1 | https://law.stackexchange.com/questions/91687/can-misrepresentation-in-a-contract-of-professional-credentials-of-an-employee-i | CC BY-SA 4.0 | <p>My question is somewhat like <a href="https://law.stackexchange.com/questions/87545/after-employing-the-services-of-an-architect-then-later-finding-they-are-not-a">this one</a> but involves a registered architect and an employee ...</p>
<p>In a particular jurisdiction, a person is not permitted to describe themselve... | 91,687 | [
{
"answer_id": 92543,
"body": "<p><a href=\"/questions/tagged/new-jersey\" class=\"post-tag\" title=\"show questions tagged 'new-jersey'\" aria-label=\"show questions tagged 'new-jersey'\" rel=\"tag\" aria-labelledby=\"tag-new-jersey-tooltip-container\">new-jersey</a></p>\n<p>I'm going to pr... | [
"united-kingdom",
"contract-law",
"consumer-protection",
"australia"
] |
Legal bindingness/validity of implicit/presumptively entered contracts for occupancy fees | -2 | https://law.stackexchange.com/questions/92399/legal-bindingness-validity-of-implicit-presumptively-entered-contracts-for-occup | CC BY-SA 4.0 | <p>Bob advertises, openly and conspicuously, on the EXTERIOR FRONT of his guest house that people are permitted to occupy rooms therein for £60 per night. They may come in and pay before receiving keys to a room.</p>
<p>Alice meanwhile operates a restaurant that advertises out front that one can get anything they want ... | 92,399 | [
{
"answer_id": 92400,
"body": "<p>The offeror is "master of the offer" including the manner in which the contract may be accepted. Where the offeror specifies that acceptance may be by specific conduct, the question becomes "<a href=\"https://ca.vlex.com/vid/communication-of-acceptance-683505... | [
"england-and-wales",
"any-jurisdiction",
"civil"
] |
Civil liability and replacement values | 1 | https://law.stackexchange.com/questions/86001/civil-liability-and-replacement-values | CC BY-SA 4.0 | <p>Meet Bob. Bob's car was destroyed by Alice, thus besides other potential consequences, rendering Alice civilly liable for the value of the car.</p>
<p>Suppose that the car was bought on a temporary, time-limited promotion by the company wherein they were being sold for an early bird 50% off RRP, which promotion is n... | 86,001 | [
{
"answer_id": 86002,
"body": "<p>When it is possible to put Bob back in the same state that he was before, then that is what Alice needs to pay for. If Bob managed to buy a £20,000 car for £10,000, then he owned a £20,000 car, and Alice needs to pay so that Bob is in the same position again and owns a £20,... | [
"england-and-wales",
"liability",
"tort",
"civil",
"civil-damages"
] |
Termination by convenience clauses | 2 | https://law.stackexchange.com/questions/51980/termination-by-convenience-clauses | CC BY-SA 4.0 | <p>Will a termination by convenience clause always be honored by the court, if it is used in a manner that is completely unethical? Eg. can a company terminate an account that just bought an expensive subscription without refunding said subscription?</p>
<p>Edit: can someone actually tell me whether this runs afoul of... | 51,980 | [
{
"answer_id": 51989,
"body": "<h2>Unadulterated contract law is brutal</h2>\n\n<p>Nor is it the same in every jurisdiction - I will focus on <a href=\"/questions/tagged/australia\" class=\"post-tag\" title=\"show questions tagged 'australia'\" rel=\"tag\">australia</a>.</p>\n\n<p>The central tenant... | [
"contract-law"
] |
Are there any laws that prohibit the sale of or protect the buyer of Wisconsin real estate obtained through a TOD before the 120 day period is up? | 3 | https://law.stackexchange.com/questions/92500/are-there-any-laws-that-prohibit-the-sale-of-or-protect-the-buyer-of-wisconsin-r | CC BY-SA 4.0 | <p>Based on the WI State Statutes below</p>
<p><a href="https://docs.legis.wisconsin.gov/statutes/statutes/867/046/2" rel="nofollow noreferrer">867.046 (2) "Summary confirmation of interest in property"</a>,</p>
<p>and</p>
<p><a href="https://docs.legis.wisconsin.gov/statutes/statutes/867/046/6" rel="nofollow... | 92,500 | [
{
"answer_id": 92506,
"body": "<blockquote>\n<p>Would a buyer and their financier be protected from legal action\nagainst the estate if the home was bought before 120 days after\ndecedents death?</p>\n</blockquote>\n<p>Only if the buyer and the financier were "bona fide purchasers for value without not... | [
"real-estate",
"wisconsin"
] |
Is this a conflict of interest for the lawyer | 2 | https://law.stackexchange.com/questions/92523/is-this-a-conflict-of-interest-for-the-lawyer | CC BY-SA 4.0 | <p>A lawyer, in the united states, is hired by person X to prepare her will and a medical directive giving her son the power to speak for her on medical issues (e.g. a POA for medical) if the mother cannot speak for herself. The attorney does the work and then the mother pays for the work.</p>
<p>After some time, the s... | 92,523 | [
{
"answer_id": 92526,
"body": "<p>As a threshold issue, the question frames a situation in which a conflict of interest could sometimes arise. But the facts in the question really aren't rich enough for a full analysis of whether or not there is a conflict of interest.</p>\n<p>This question is controlled (m... | [
"united-states",
"family-law",
"new-jersey",
"power-of-attorney"
] |
Can an improper prosecution defeat the double jeopardy rule? | 4 | https://law.stackexchange.com/questions/82726/can-an-improper-prosecution-defeat-the-double-jeopardy-rule | CC BY-SA 4.0 | <p>If a case is brought under let's say murder and it is deemed the incorrect law to have charged the defendant with. Let's say due to an incompetent DA if the defendant is found not guilty because of the incorrect law he was charged with breaking, could new charges be brought for the correct offense, let's say manslau... | 82,726 | [
{
"answer_id": 82728,
"body": "<p>Typically at trial, the "Trier(s) of Fact" (usually the Jury, unless the defendant requests a bench trier, then it's the judge) will have instructions from the "Trier of Law" (always the Judge) that will allow them to find guilt for "Lesser and Incl... | [
"united-states",
"criminal-procedure",
"double-jeopardy",
"due-process"
] |
Can a prosecutor challenge a gubenatorial pre-emptive pardon? | 1 | https://law.stackexchange.com/questions/92517/can-a-prosecutor-challenge-a-gubenatorial-pre-emptive-pardon | CC BY-SA 4.0 | <p>In a state where the governor has power (<a href="https://law.stackexchange.com/questions/21688/do-any-us-state-governors-have-legal-authority-to-preemptively-pardon-persons">Do (any) US State Governors have legal authority to preemptively pardon persons of a state crime?</a>) to pardon a capital crime <strong>befor... | 92,517 | [
{
"answer_id": 92518,
"body": "<h2>There is no recourse</h2>\n<p>The Pardon results in the pardoned person having no liability for the act, no matter if it was a crime or not, and no matter whether the pardon pre-dates a prosecution. There is no legal or political way to appeal a pardon. There isn't even a ... | [
"united-states"
] |
Ok as a YouTuber I wish to make a animation that features darth maul and Vader am I allowed to use the original design or do I have to majorly alter | -1 | https://law.stackexchange.com/questions/92515/ok-as-a-youtuber-i-wish-to-make-a-animation-that-features-darth-maul-and-vader-a | CC BY-SA 4.0 | <p>Am I able to use the original maul design can I minorly alter it or do I have to majorly change his design</p>
| 92,515 | [
{
"answer_id": 92519,
"body": "<p>Copyright includes the exclusive right to create derivative works. So "majorly changing" the design will not get you around any accusations of copyright infringement. What you would have to do is to create a design from scratch.</p>\n<p>And as Trish said, I don't ... | [
"united-states"
] |
Can employment contracts force all litigation into arbitration? | 3 | https://law.stackexchange.com/questions/92508/can-employment-contracts-force-all-litigation-into-arbitration | CC BY-SA 4.0 | <p>Is it legal for an employment contract to stipulate that all litigation from the employee towards the employer must be in the form of arbitration or do you have the right to litigate in the court system?</p>
<p><a href="https://youtu.be/HQvM7IhrtYo" rel="nofollow noreferrer">Source.</a></p>
| 92,508 | [
{
"answer_id": 92514,
"body": "<p>The only significant exception to employment arbitration scope in the U.S. is for sexual assault cases under a law that took effect about a year ago (whose effective date language is actively being litigated over what triggers a before or after effective date determination)... | [
"united-states",
"us-constitution",
"civil-rights"
] |
Can a founder of a non-profit company in Germany (gGmbH) receive a salary? | 9 | https://law.stackexchange.com/questions/92501/can-a-founder-of-a-non-profit-company-in-germany-ggmbh-receive-a-salary | CC BY-SA 4.0 | <p>Unlike a normal GmbH, a founder/partner (Gesellschafter) of a gemeinnützige GmbH (or a UG) may, according to the tax code, not receive any profits:</p>
<blockquote>
<p>Die Mitglieder oder Gesellschafter (Mitglieder im Sinne dieser Vorschriften) dürfen keine Gewinnanteile und in ihrer Eigenschaft als Mitglieder auch ... | 92,501 | [
{
"answer_id": 92507,
"body": "<p>The crucial phrase is "<em>in ihrer Eigenschaft als Mitglieder</em>". This restricts the prohibition on receiving benefits from the gGmbH to benefits you'd receive <strong>because</strong> you are a partner. It is common to have more than one legal relationship wi... | [
"tax-law",
"germany"
] |
Property ownership of liquidated company | 11 | https://law.stackexchange.com/questions/92489/property-ownership-of-liquidated-company | CC BY-SA 4.0 | <p>Around a decade ago the company I was working for launched a new startup. It was owned by my company and I was tasked to work as a consultant helping them set up their IT infrastructure 50% of my time. As they were using completely different setups I was given an additional laptop. The startup was always its own leg... | 92,489 | [
{
"answer_id": 92496,
"body": "<h2>The company continues to own all its assets</h2>\n<p><a href=\"/questions/tagged/australia\" class=\"post-tag\" title=\"show questions tagged 'australia'\" aria-label=\"show questions tagged 'australia'\" rel=\"tag\" aria-labelledby=\"tag-australia-tooltip-... | [
"property",
"ownership",
"bankruptcy",
"switzerland"
] |
Is it legal for a US minor to take puberty blockers /for a doctor to prescribe puberty blockers to a minor without their parents knowledge or consent? | 3 | https://law.stackexchange.com/questions/92372/is-it-legal-for-a-us-minor-to-take-puberty-blockers-for-a-doctor-to-prescribe-p | CC BY-SA 4.0 | <p>Is it legal to prescribe a minor puberty blockers without their parents' knowledge or consent? Is there an age limit?</p>
<p>Semi-related example:
In Germany, it is legal to prescribe girls birth control pills without their parents' knowledge at the age of 14. Is this case in the US or the UK for hormone blockers?</... | 92,372 | [
{
"answer_id": 92499,
"body": "<p>In the US, the answer is complicated. First, puberty blockers are approved by the FDA, but only as a treatment for precocious puberty. There is an off-label use for transgender people, which has been outlawed in some states (thus parental consent / notification is irrelevan... | [
"united-states",
"medical",
"parental-rights",
"transgender"
] |
Does the Tesla act illegally at this pedestrian crossing in California? | 5 | https://law.stackexchange.com/questions/92483/does-the-tesla-act-illegally-at-this-pedestrian-crossing-in-california | CC BY-SA 4.0 | <p>In <a href="https://arstechnica.com/cars/2023/05/teslas-full-self-driving-sees-pedestrian-chooses-not-to-slow-down/" rel="noreferrer">this</a> article reporting on a Tesla in Full Self Driving (FSD) mode in California, the car is shown approaching a pedestrian crossing when a person steps on to it from the opposite ... | 92,483 | [
{
"answer_id": 92490,
"body": "<p>I am aware of a view of the California law that if a pedestrian looks like they might want to cross the street, any car must stop, but this is not supported by the law, which is about "yielding". The law incorporates both "yield" and "stop", th... | [
"united-states",
"california",
"traffic"
] |
How can Crabs Adjust Humidity be legal? | 10 | https://law.stackexchange.com/questions/8729/how-can-crabs-adjust-humidity-be-legal | CC BY-SA 3.0 | <p><a href="http://crabsadjusthumidity.com/" rel="noreferrer">Crabs Adjust Humidity</a> is, as its makers describe it, "a crappy little third-party, unofficial, unauthorized expansion card set" for the wildly-popular game known as <a href="https://www.cardsagainsthumanity.com/" rel="noreferrer">Cards Against Humanity</... | 8,729 | [
{
"answer_id": 11469,
"body": "<p>The \"Crabs\" game can be legal if it is seen as a form of <a href=\"http://literarydevices.net/parody/\" rel=\"noreferrer\">parody</a>. That is one of the forms of <a href=\"http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/\" rel=\"noreferrer\">\"fair use\"</... | [
"copyright",
"creative-commons"
] |
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up? | 14 | https://law.stackexchange.com/questions/92415/if-you-try-to-charge-someone-for-something-and-it-doesnt-stick-can-a-less-seve | CC BY-SA 4.0 | <p>Say Mark is charged with A (let's say Murder), but the charges don't stick because e.g. he didn't do it on purpose. Can Mark then charged as a follow-up for B (e.g. involuntary manslaughter)? Or does getting exonerated from A mean you can't keep charging him with lesser crimes like B until something sticks? And if y... | 92,415 | [
{
"answer_id": 92420,
"body": "<p>It depends on what you mean by "doesn't stick." If Mark is acquitted of murder in state court, he can't be tried again in state court for the same act of homicide. If the charges are dropped or dismissed without prejudice before jeopardy "attaches" the... | [
"united-states",
"criminal-law",
"trial",
"double-jeopardy",
"prosecution"
] |
What is the law regarding playing in the street? | 5 | https://law.stackexchange.com/questions/91568/what-is-the-law-regarding-playing-in-the-street | CC BY-SA 4.0 | <p><a href="https://www.theguardian.com/environment/2023/apr/15/uk-families-threats-police-warnings-children-playing-in-street" rel="noreferrer">It is being reported</a> that claims are made that is can be against the law for children to play in the street.</p>
<blockquote>
<p>Liz Swift thought a basketball hoop on whe... | 91,568 | [
{
"answer_id": 92474,
"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",
"england-and-wales",
"is-x-legal"
] |
can states interpret an international law however they want? | 0 | https://law.stackexchange.com/questions/92493/can-states-interpret-an-international-law-however-they-want | CC BY-SA 4.0 | <p>can they even interpret it to effectively negate the rule of not using domestic law as a justification for non fullfilment of obligations by interpreting the treaty in a way that suits them ?</p>
| 92,493 | [
{
"answer_id": 92495,
"body": "<p>There is a lot behind the word "can" in your question. If you are simply asking whether states have the sovereign power to interpret international law however they want, then sure. But they might be wrong (thereby leaving themselves in violation of the treaty they... | [
"international",
"treaty"
] |
Do reward-seekers have a duty to minimize loss or harm to a third party? | 3 | https://law.stackexchange.com/questions/92471/do-reward-seekers-have-a-duty-to-minimize-loss-or-harm-to-a-third-party | CC BY-SA 4.0 | <p>Alice repeatedly commits some tortious act against Bob (say, defamation, or copyright infringement, or breach of contract). Under the principle of mitigation, Bob must take reasonable action to minimize the amount of harm or loss he suffers. That is, once he becomes aware of Alice's tortious activity, he cannot si... | 92,471 | [
{
"answer_id": 92492,
"body": "<p>Given that Bob has no obligation to pay anything to Charles, who has no legal duty to do anything, I don't see how Charles could have liability to Bob. If Charles wants to, he can decline to pay a reward to Bob or can pay an amount smaller than Charles hoped for as a reflec... | [
"civil-law",
"tort",
"damage-mitigation"
] |
State tax domestication | 0 | https://law.stackexchange.com/questions/92468/state-tax-domestication | CC BY-SA 4.0 | <p>With any judgement the judgement has to be domesticated in the jurisdiction you are trying to enforce it in. So for example, I owe taxes in California.</p>
<p>Now, California has a levy on my account, in a bank in California (California routing number but the bank is in new york). Now, I have another account at a ba... | 92,468 | [
{
"answer_id": 92470,
"body": "<h2>No</h2>\n<p>The <a href=\"https://en.wikipedia.org/wiki/Full_Faith_and_Credit_Clause\" rel=\"nofollow noreferrer\">full faith and credit clause</a> of the Constitution mean that a judgement in one state is enforcable everywhere in the USA.</p>\n<p>To enforce the judgement ... | [
"nevada",
"enforcing-judgment"
] |
Use of copyrighted material for creating a commercial product | 3 | https://law.stackexchange.com/questions/92473/use-of-copyrighted-material-for-creating-a-commercial-product | CC BY-SA 4.0 | <p>In a hypothetical scenario, Mr. Peter writes a book about tree types in a certain geographical area. He creates a commercial products. Can he use another commercial product that is copyrighted, e.g. a map of a location (the map is a political map and has nothing to do with trees), for his tree research purposes, if ... | 92,473 | [
{
"answer_id": 92484,
"body": "<blockquote>\n<p>Can he use another commercial product that is copyrighted, e.g. a map\nof a location (the map is a political map and has nothing to do with\ntrees), for his tree research purposes, if such a map won't be part of\nthe book he works on?</p>\n</blockquote>\n<p>Ye... | [
"copyright"
] |
Car and Med Insurance? | 1 | https://law.stackexchange.com/questions/92477/car-and-med-insurance | CC BY-SA 4.0 | <p>If somebody were to get into a bad car accident, the med costs can rack up, and it'd be best to have insurance burgeon a portion of the debt. But let's say that due to financial straits, said person figured suicide in such a scenario so as to escape debt and the bill. But what happens if he/she survived and uncons... | 92,477 | [
{
"answer_id": 92481,
"body": "<p>Any debts that a person has are to be paid by their estate. Whoever administers the estate must, in all states, publish an announcement to the effect that Smith is deceased and all claims must be made by such and such date, probably within 90 days. If (this is a small if) t... | [
"united-states",
"medical",
"insurance",
"probate",
"automotive"
] |
Are old school logos under copyright? | 0 | https://law.stackexchange.com/questions/92479/are-old-school-logos-under-copyright | CC BY-SA 4.0 | <p>I wanted to use a school logo on my website. This is an <a href="https://en.wikipedia.org/wiki/Sydney_Grammar_School#/media/File:Sydney_Grammar_School_Logo.png" rel="nofollow noreferrer">example of one</a> (which is a private school) and <a href="https://en.wikipedia.org/wiki/File:North_Sydney_Girls_High_logo.jpg" r... | 92,479 | [
{
"answer_id": 92480,
"body": "<p>I can see two points you might be confused about in your question.</p>\n<h3>1. Works can be in the public domain without having a CC license</h3>\n<p>The Wikipedia statement and the government statement are not inconsistent with each other; just because something isn't ava... | [
"copyright",
"australia"
] |
is mistake of fact a defence in various laws relating to protected classes? | 0 | https://law.stackexchange.com/questions/92454/is-mistake-of-fact-a-defence-in-various-laws-relating-to-protected-classes | CC BY-SA 4.0 | <p>If a law for example criminalises intimidating or assaulting someone who suffers from dwarfism , if the person doesn't know that the person is suffering from dwarfism or what dwarfism is but makes fun of the person anyway , would they still be liable ?</p>
| 92,454 | [
{
"answer_id": 92461,
"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>You have tagged this 'criminal law'... | [
"criminal-law",
"equal-protection"
] |
Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades? | 4 | https://law.stackexchange.com/questions/92432/does-art-121-of-the-german-basic-law-require-students-to-be-automatically-gra | CC BY-SA 4.0 | <p>In <a href="https://academia.stackexchange.com/a/196256/152405">this post</a>, it notes that <a href="https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html" rel="nofollow noreferrer">art. 12(1) of the basic law</a> (the constitution) says:</p>
<blockquote>
<p>All Germans shall have the right freely to choo... | 92,432 | [
{
"answer_id": 92443,
"body": "<h1>No</h1>\n<p>What it means is that no German can be forced by the government into a job, education or place of work. So for example, the Government cannot come and say "we are short on railroad workers, the next 200 graduates of this school will report to Hamburg Stati... | [
"constitutional-law",
"germany",
"education"
] |
If a man is raped, resulting in pregnancy, and the woman chooses to carry the child to term, is the man still responsible for child support? | 26 | https://law.stackexchange.com/questions/79704/if-a-man-is-raped-resulting-in-pregnancy-and-the-woman-chooses-to-carry-the-ch | CC BY-SA 4.0 | <p>Inspired by <a href="https://law.stackexchange.com/questions/79652/is-it-true-that-men-are-forced-to-pay-child-support-for-children-they-didnt-con">Is it true that men are forced to pay child support for children they didn't consent to have?</a></p>
<p>Let's say Alice rapes Bob and becomes pregnant. She then carries... | 79,704 | [
{
"answer_id": 79714,
"body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged 'united-states'\" rel=\"tag\">united-states</a></p>\n<p>The treatment of how paternity is handled in cases of rape, from which child support and child custody determinations... | [
"rape",
"child-support"
] |
Are terms of service that are not accessible until the supposed binding action has already been taken enforceable? | 0 | https://law.stackexchange.com/questions/83278/are-terms-of-service-that-are-not-accessible-until-the-supposed-binding-action-h | CC BY-SA 4.0 | <p>I used the <code>whois</code> Linux command to look up information for <code>mit.edu</code>:</p>
<pre><code>$ whois mit.edu
This Registry database contains ONLY .EDU domains.
The data in the EDUCAUSE Whois database is provided
by EDUCAUSE for information purposes in order to
assist in the process of obtaining infor... | 83,278 | [
{
"answer_id": 83280,
"body": "<h2>No</h2>\n<p>One of the fundamental <a href=\"https://law.stackexchange.com/questions/6263/what-is-a-contract-and-what-is-required-for-them-to-be-valid\">requirements</a> for an enforcable contract is that there must be agreement - you cannot agree to something you can't kn... | [
"united-states",
"contract-law"
] |
Can someone be charged with the murder of unidentified victims? | 20 | https://law.stackexchange.com/questions/57270/can-someone-be-charged-with-the-murder-of-unidentified-victims | CC BY-SA 4.0 | <p>I've been watching "Des", ITV's dramatisation of the arrest and trial of serial killer Dennis Nielsen. The police seem desperate to identify the names of the victims, despite having the bodies of the victims and ample evidence of Nielsen's guilt. Is there a particular reason for this (besides a desire to... | 57,270 | [
{
"answer_id": 57273,
"body": "<h2>Yes, a person can be charged with the murder of person or persons unknown</h2>\n<p>The reason that police are really keen to identify the victim include (in no particular order):</p>\n<ol>\n<li>It will probably clear up a missing persons case;</li>\n<li>So they can inform ... | [
"criminal-law",
"england-and-wales",
"murder"
] |
Is it legal to read or distribute the DeCSS Haiku? | -5 | https://law.stackexchange.com/questions/88556/is-it-legal-to-read-or-distribute-the-decss-haiku | CC BY-SA 4.0 | <p>TL;DR: Is it legal to download and read the DeCSS Haiku in the US? Is it legal to share it?</p>
<p>I now ask about<br>
The DeCSS haiku<br>
A poem written</p>
<p>As an exercise<br>
Of the First Amendment right<br>
To speak of one's views.</p>
<p>This particular<br>
view was that the DVD<br>
CCA cannot</p>
<p>Use thei... | 88,556 | [
{
"answer_id": 88560,
"body": "<p>The “decss haiku” consists, in primary part, of a long string of numbers, split up into lines by syllables. It was a clever joke, but anyone who feels that encryption keys are stripped of any legal protection by making them into “poetry” fundamentally misunderstands the dif... | [
"united-states",
"copyright",
"freedom-of-speech",
"first-amendment"
] |
idea behind the concept of alibi; people are innocent until proven guilty | 8 | https://law.stackexchange.com/questions/92230/idea-behind-the-concept-of-alibi-people-are-innocent-until-proven-guilty | CC BY-SA 4.0 | <p>What is the idea behind the concept of alibi in a legal system in which people are innocent until proven guilty?</p>
| 92,230 | [
{
"answer_id": 92245,
"body": "<p>An alibi is a particular kind of defense strategy bearing on the burden of proof: <a href=\"https://www.justia.com/criminal/docs/calcrim/3400/3400/\" rel=\"noreferrer\">here is the alibi jury instruction</a> for California.</p>\n<blockquote>\n<p>The defendant contends (he/s... | [
"criminal-law"
] |
Is assault resulting in PTSD considered as causing serious harm? | 4 | https://law.stackexchange.com/questions/92291/is-assault-resulting-in-ptsd-considered-as-causing-serious-harm | CC BY-SA 4.0 | <p>Is Post Traumatic Stress Disorder (or Complex PTSD) treated as an injury, serious injury or life-changing injury in cases of assault ?</p>
<p>I am interested in answers from any jurisdiction.</p>
<p>In response to a comment : I am interested in whether or not, or to what extent, the effect of PTSD can be included as... | 92,291 | [
{
"answer_id": 92459,
"body": "<p><a href=\"/questions/tagged/france\" class=\"post-tag\" title=\"show questions tagged 'france'\" aria-label=\"show questions tagged 'france'\" rel=\"tag\" aria-labelledby=\"tag-france-tooltip-container\">france</a> <strong>Yes, both for civil and criminal la... | [
"assault",
"any-jurisdiction"
] |
What does the lawful sanctions clause in international convention on torture mean? | 0 | https://law.stackexchange.com/questions/88020/what-does-the-lawful-sanctions-clause-in-international-convention-on-torture-mea | CC BY-SA 4.0 | <p>In Article 1 of international convention on torture. It states the following</p>
<blockquote>
<p>It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions</p>
</blockquote>
<p>How is this interpreted and is this interpreted broadly ? To include torture , cruel and inhuma... | 88,020 | [
{
"answer_id": 88021,
"body": "<h2>It excludes pain and suffering incidental to lawful <a href=\"https://en.wikipedia.org/wiki/Capital_punishment\" rel=\"nofollow noreferrer\">capital</a> and <a href=\"https://en.wikipedia.org/wiki/Corporal_punishment\" rel=\"nofollow noreferrer\">corporal</a> punishment</h... | [
"treaty"
] |
Legality and license choice for reverse-engineered project | 6 | https://law.stackexchange.com/questions/92457/legality-and-license-choice-for-reverse-engineered-project | CC BY-SA 4.0 | <p>I reverse engineered (by sniffing+x32dbg) part of the protocol for a board game client in order to build an alternative client on top of it while still using the official servers. I open-sourced the work so that others can contribute to it as well. I'm based in the EU and the product owners are based in China.</p>
<... | 92,457 | [
{
"answer_id": 92458,
"body": "<h2>Check your license!</h2>\n<p>By operating the original client, you might have agreed to a license, the EULA. Check that license for what it says about you being allowed to do with the product.</p>\n<p>In a recent case of <a href=\"https://www.courtlistener.com/docket/60204... | [
"licensing",
"open-source-software"
] |
Is this trespassing on US government property? | 5 | https://law.stackexchange.com/questions/91560/is-this-trespassing-on-us-government-property | CC BY-SA 4.0 | <p>I live on a residential access road off of USDA property. Multiple times a week for the last 5 years, I have taken a walk down my road and on to the USDA property, walking on the main roads around the complex. Yesterday I was stopped by a security guard for the first time and told that I could not walk on “federal g... | 91,560 | [
{
"answer_id": 91563,
"body": "<h2>Yes, you are trespassing</h2>\n<p>Someone with the ostensible authority of the owner (the security guard) has revoked your permission to be on the property. If you remain in spite of this, you are trespassing.</p>\n<p>Whether the guard had the actual authority to do so or ... | [
"property",
"us-federal-government",
"trespass",
"trespassing"
] |
Can someone who does not consider himself a US citizen be extradited and punished for a US felony crime due to a US citizenship? | 9 | https://law.stackexchange.com/questions/4633/can-someone-who-does-not-consider-himself-a-us-citizen-be-extradited-and-punishe | CC BY-SA 4.0 | <p>based off of the answer to this question: <a href="https://law.stackexchange.com/questions/4629/if-one-leaves-the-us-to-commit-an-act-illegal-in-the-us-but-legal-in-the-country/4631#4631">If one leaves the US to commit an act illegal in the US but legal in the country they travel to are they guilty of a crime?</a> ... | 4,633 | [
{
"answer_id": 4648,
"body": "<h2><a href=\"https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat\" rel=\"noreferrer\">Ignorantia juris non excusat</a></h2>\n\n<p>You can say I didn't know: it won't keep you out of jail.</p>\n\n<p>Rather than delving into the specifics of your question, I will keep my ... | [
"united-states",
"criminal-law"
] |
Can a non-profit organization record attendance by name without permission? | 9 | https://law.stackexchange.com/questions/92451/can-a-non-profit-organization-record-attendance-by-name-without-permission | CC BY-SA 4.0 | <p>I have a GDPR question concerning a small non-profit organization. The organization is quite informal. Although it has many regular meetings, all these meetings are open to the public. As such, most of those who attend, even many regular attendees, are not officially registered members of the organization.</p>
<p>Th... | 92,451 | [
{
"answer_id": 92452,
"body": "<p>The scope of the GDPR is entered when personal data is being processed in a structured manner.</p>\n<p>Personal data is any information relating to identifiable data subjects (definition in Art 4(1)). "Peter attended the meeting on the 14th" is personal data. &quo... | [
"gdpr",
"data-protection",
"non-profit"
] |
Which law spells out judicial immunity? | 5 | https://law.stackexchange.com/questions/92445/which-law-spells-out-judicial-immunity | CC BY-SA 4.0 | <p>I am trying to find the exact piece of New Zealand legislation that defines the immunity of judges from civil claims resulting from doing their job (or <em>any</em> immunities they may have).</p>
<p><a href="https://www.legislation.govt.nz/act/public/2016/0049/latest/whole.html#DLM6942300" rel="noreferrer">Section 2... | 92,445 | [
{
"answer_id": 92448,
"body": "<p><a href=\"/questions/tagged/new-zealand\" class=\"post-tag\" title=\"show questions tagged 'new-zealand'\" aria-label=\"show questions tagged 'new-zealand'\" rel=\"tag\" aria-labelledby=\"tag-new-zealand-tooltip-container\">new-zealand</a></p>\n<p>The New Ze... | [
"new-zealand",
"judiciary",
"judicial-immunity"
] |
Is AI child virtual porn illegal in the US? | 0 | https://law.stackexchange.com/questions/92436/is-ai-child-virtual-porn-illegal-in-the-us | CC BY-SA 4.0 | <p>With the rise of AI art generators capable of making explicit and nsfw content free of charge, I worry about the ethical and moral boundaries that come along with it. In particular, it is possible to create obscene virtual porn depicting children.</p>
<p>I have read this
<a href="https://scholarship.law.duke.edu/cgi... | 92,436 | [
{
"answer_id": 92439,
"body": "<h2>Let's clarify the point: the material is most likely illegal <em>per se</em></h2>\n<p>In the laws of many jurisdictions, the definition of child pornography extends from depicting sexual acts with a minor to depicting sexual acts with an <strong>apparent</strong> minor.</p... | [
"pornography",
"artificial-intelligence",
"child-porn"
] |
Is is illegal to hack websites in a country considered to be an enemy of my country? | 0 | https://law.stackexchange.com/questions/27812/is-is-illegal-to-hack-websites-in-a-country-considered-to-be-an-enemy-of-my-coun | CC BY-SA 3.0 | <p>I know that Hacking is illegal in any country. my question is this "is it illegal to hack enemy country website ?" e.g i lived in Pakistan, let say i hacked Indian Govt websites. is this illegal ? if this is illegal what will be fine and prison charge?</p>
| 27,812 | [
{
"answer_id": 27813,
"body": "<p>This question really depends on the specific countries involved, as all law depends on jurisdiction. However, there are essentially two ways that breaking into foreign computer systems could be illegal: 1) Your own country has laws against hacking that include hacking into ... | [
"criminal-law",
"hacking",
"cybersquatting"
] |
Usury---What Constitutes It in the United States? | 4 | https://law.stackexchange.com/questions/92419/usury-what-constitutes-it-in-the-united-states | CC BY-SA 4.0 | <p>Some years ago, I recall a professor who announced that (in the United States) charging someone an annual interest rate of 24% or more was considered <em>usury</em>.</p>
<p>The other day, someone I know in the United States received an unsolicited offer for a Toyota credit card that specified a 31.74% annual APR int... | 92,419 | [
{
"answer_id": 92440,
"body": "<h2>There is no <a href=\"https://www.bankrate.com/finance/credit-cards/does-law-cap-credit-card-interest-rates/\" rel=\"noreferrer\">usury</a> on Credit Cards in the USA</h2>\n<p>Legally, usury is charging interest rates above the mandated maximum. Due to ongoing successful l... | [
"united-states",
"debt",
"credit-card",
"usury",
"toyota"
] |
Are licenses on "source available" products binding? | 2 | https://law.stackexchange.com/questions/91963/are-licenses-on-source-available-products-binding | CC BY-SA 4.0 | <p>There are a number of companies which make their source code available in various public forums like Github or Gitlab. These products are not open source, but the source is available for public commentary or research purposes, or simply for the appearance of transparency. Of particular note, Gitlab themselves makes ... | 91,963 | [
{
"answer_id": 91970,
"body": "<blockquote>\n<p>If you do, can you build/run it without being bound by said license?</p>\n</blockquote>\n<p>No, you cannot. Because there is no way to "build/run" it without making a copy. You <em>copy</em> the sourcecode, before you can run your compiler. <em>That<... | [
"united-states",
"software"
] |
How does copyrights work for mobile/web applications? | 13 | https://law.stackexchange.com/questions/91490/how-does-copyrights-work-for-mobile-web-applications | CC BY-SA 4.0 | <p>If a mobile/web developer creates an application like Uber, then sells it to a company, and the company also wants the copyrights for the application, what happens if after few months another company comes to developer and asks for a new similar application like Uber, then the developer creates a new application lik... | 91,490 | [
{
"answer_id": 91496,
"body": "<p>A fundamental principle of copyright law is that protection is only afforded to the concrete expression, and not the abstract idea. Therefore, if you write a sort program, what is protected is "that specific program", and not the general idea of a sort program. Th... | [
"copyright",
"software",
"business",
"copyright-notice",
"copyright-transfer"
] |
Why do some licenses have a clause stating that one can't violate the law? | 30 | https://law.stackexchange.com/questions/92218/why-do-some-licenses-have-a-clause-stating-that-one-cant-violate-the-law | CC BY-SA 4.0 | <p>Example of such a clause in the <a href="https://huggingface.co/spaces/CompVis/stable-diffusion-license" rel="noreferrer">Creative MLOpen RAIL-M dated August 22, 2022</a> used by <a href="https://huggingface.co/runwayml/stable-diffusion-v1-5" rel="noreferrer">runwayml/stable-diffusion-v1-5</a>:</p>
<blockquote>
<p>Y... | 92,218 | [
{
"answer_id": 92220,
"body": "<h2>Because breaking the law is not breach of contract</h2>\n<p>(Necessarily).</p>\n<p>Were you to use the model to 3D-print a gun and rob banks with it, without this clause, you have not broken the contract. That would mean that the provider could neither sue you for any dama... | [
"software",
"licensing",
"open-source-software"
] |
Can a song be used in a presentation for work? | 7 | https://law.stackexchange.com/questions/92266/can-a-song-be-used-in-a-presentation-for-work | CC BY-SA 4.0 | <p>Does it fall under that Fair Use Act of 1976 to include a song as the intro to a presentation for work if the presentation is being given for educational/teaching purposes?</p>
| 92,266 | [
{
"answer_id": 92267,
"body": "<p>The educational/teaching purposes do not apply to any copyrighted work that you chose to include in the educative material that you might produce.</p>\n<p>The educational/teaching purposes means education <strong>refering to</strong> or <strong>related to</strong> the work ... | [
"copyright",
"fair-use",
"music"
] |
Does contract formation require subjective "meeting of the minds"? | 1 | https://law.stackexchange.com/questions/90788/does-contract-formation-require-subjective-meeting-of-the-minds | CC BY-SA 4.0 | <p>For a contract to be formed, it is said there must be a "<a href="https://law.stackexchange.com/search?q=%22meeting%20of%20the%20minds%22">meeting of the minds</a>." Does this mean that the fact-finder attempts to ascertain the actual subjective intentions and understanding of the parties?</p>
| 90,788 | [
{
"answer_id": 90789,
"body": "<p>No: "meeting of the minds" (also known as <em>consensus ad idem</em>) is not about what the parties actually subjectively understood or wanted.</p>\n<p>For contract formation, <em>consensus ad idem</em> only requires that it appears to an objective reasonable pers... | [
"contract-law",
"common-law"
] |
Is there any law against a Presidential candidate making trade deals that are conditioned on their election to office? | 0 | https://law.stackexchange.com/questions/92110/is-there-any-law-against-a-presidential-candidate-making-trade-deals-that-are-co | CC BY-SA 4.0 | <p>Sideshow Bob has once again declared his candidacy for President. As a demonstration of his ability to negotiate with foreign powers, Bob wants to negotiate a trade deal with a foreign government, with the mutual understanding that the trade deal cannot take effect unless and until Bob formalizes the trade deal as P... | 92,110 | [
{
"answer_id": 92123,
"body": "<h3>If I'm the Attorney General, Bob goes on trial.</h3>\n<p>Let's look at the relevant text from the Logan Act.</p>\n<blockquote>\n<p>Any citizen of the United States, wherever he may be, who, without\nauthority of the United States, directly or indirectly commences or\ncarri... | [
"united-states"
] |
What are some exceptions to the principle of "lex specialis" that aren't "lex superior" and "lex posterior"? | 1 | https://law.stackexchange.com/questions/92384/what-are-some-exceptions-to-the-principle-of-lex-specialis-that-arent-lex-su | CC BY-SA 4.0 | <p>The legal principle of <em>lex specialis</em> is that the special law derogates the general law in case of inconsistency. The primary alternatives to it are:</p>
<p><em>Lex superior</em> - the effect originating from the highest priority legal source (e.g. constitutions) derogates.</p>
<p><em>Lex posterior</em> - th... | 92,384 | [
{
"answer_id": 92401,
"body": "<p>One of the principles of statutory interpretation in common law countries is that statutes are not deemed to displace common law rules unless this intent is clearly indicated by the statute. This is often phrased in the form: "a statute in derogation of the common law ... | [
"legal-concepts"
] |
Avoiding agreeing to, or amending, digital contracts | 4 | https://law.stackexchange.com/questions/92303/avoiding-agreeing-to-or-amending-digital-contracts | CC BY-SA 4.0 | <p>Say you are presented with a digital checkbox or a pin pad, a contract with some terms you do not genuinely consent to, and a business process of the counterparty that cannot proceed unless the box is ticked or something is scribbled on the pad.</p>
<p>Is it possible to scribble on the pin pad or check the online ch... | 92,303 | [
{
"answer_id": 92317,
"body": "<h2>You cannot</h2>\n<p>In a conflict between written and oral terms of a contract, the written terms prevail. In any event, by you utterance you have not accepted the contract; you have made a counter-offer which the other party has not accepted and have then gone on to accep... | [
"united-states",
"contract-law",
"consent",
"adhesion-contracts"
] |
Contract says all information must be kept confidential. Does this mean I cannot outsource? | 4 | https://law.stackexchange.com/questions/92352/contract-says-all-information-must-be-kept-confidential-does-this-mean-i-cannot | CC BY-SA 4.0 | <p>Let's say there's something like this in the contract:</p>
<p>"Without the prior written consent of the other party, no party shall disclose any Confidential Information to any third party"</p>
<p>Does this mean I cannot outsource to a ghostworker? I know that independent contractors should have the freedo... | 92,352 | [
{
"answer_id": 92357,
"body": "<h2>No</h2>\n<p>You can outsource if you don't disclose Confidential Information (as defined in the agreement), or if you have the principal's permission to disclose it to the third-party contractor. The clause only applies to confidential information - a subset of all informa... | [
"contract-law",
"confidentiality",
"contractor",
"freelance"
] |
Can one explicitly use medical research to offer unlicensed patented treatments? | 0 | https://law.stackexchange.com/questions/92412/can-one-explicitly-use-medical-research-to-offer-unlicensed-patented-treatments | CC BY-SA 4.0 | <p><a href="https://www.legislation.gov.uk/ukpga/1977/37/section/60" rel="nofollow noreferrer">English Patent Law includes an exception for "experimental purposes"</a>:</p>
<blockquote>
<p>(5)An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do s... | 92,412 | [
{
"answer_id": 92414,
"body": "<p>The sections you're asking about (as well as related 60(6E): this is an important limiting clause that you may have overlooked) were added by <a href=\"https://www.legislation.gov.uk/uksi/2014/1997/contents/made\" rel=\"nofollow noreferrer\">The Legislative Reform (Patents)... | [
"england-and-wales",
"patents",
"medical"
] |
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