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 |
|---|---|---|---|---|---|---|---|
Legal status of animals in Germany | 0 | https://law.stackexchange.com/questions/41860/legal-status-of-animals-in-germany | CC BY-SA 4.0 | <p>How has Germany has dealt with the legal status of animals? What, if any, transition has taken place from a thing to a creature in a legal context?</p>
<p>This question is prompted by a sentence found in the BBC article <a href="https://www.bbc.co.uk/news/world-us-canada-48528968" rel="nofollow noreferrer">Cat declawing: Should it be banned, and why does it happen in the US?</a> </p>
<blockquote>
<p>For Americans, it's a matter of <strong>freedom and convenience</strong> – the right to the freedom to make decisions in terms of how you raise your cat, and convenience, because once you remove the claws, you don't ever have to worry about you or the furniture getting scratched.</p>
</blockquote>
| 41,860 | [
{
"answer_id": 41958,
"body": "<p>Section 20a of the German Constitution added in 2002 states:</p>\n\n<blockquote>\n <p>Article 20a [Protection of the natural foundations of life and\n animals]</p>\n \n <p>Mindful also of its responsibility towards future generations, the\n state shall protect the natu... | [
"international",
"germany",
"comparative-law",
"animals"
] |
What is the legal case for someone getting arrested publicizing information about nuclear weapons deduced from public knowledge | 12 | https://law.stackexchange.com/questions/86273/what-is-the-legal-case-for-someone-getting-arrested-publicizing-information-abou | CC BY-SA 4.0 | <p>I have a vague memory of a court case involving a man being prosecuted for publicizing information about nuclear weapons. He obtained that information by logic deduction and probably calculations from all the public knowledge (newspapers, tv, etc). I have not been able to find that case. Does anyone know which is?</p>
| 86,273 | [
{
"answer_id": 86274,
"body": "<p>You are likely thinking of <em>United States v. The Progressive, Inc.</em>, <a href=\"https://law.justia.com/cases/federal/district-courts/FSupp/467/990/1376343/\" rel=\"noreferrer\">467 F. Supp. 990 (W.D. Wis. 1979)</a> and the related injunction against a letter by Charle... | [
"united-states",
"freedom-of-speech",
"legal-history",
"secret",
"national-security"
] |
Who if anyone owns copyright of algorithmically produced works? | 4 | https://law.stackexchange.com/questions/77363/who-if-anyone-owns-copyright-of-algorithmically-produced-works | CC BY-SA 4.0 | <p>The image below is generated in real time by a Generative Adversarial Network trained on existing works of art (try reloading the page). The process is <a href="https://arxiv.org/pdf/1706.07068.pdf" rel="nofollow noreferrer">described in their paper</a> which also demonstrates that it is indistinguishable by humans from art generated by contemporary artists and shown in top art fairs. They make no claim of copyright, freely provide the code that produces it and similar techniques have been used to produce <a href="https://thisxdoesnotexist.com/" rel="nofollow noreferrer">many forms of work</a> that would be copyrightable if produced by a human.</p>
<p>Can we say if it would be possible to successfully claim/defend copyright on such work in any way? Has anyone actually managed to defend such a claim? I am aware of the <a href="https://www.bbc.co.uk/news/technology-58668534" rel="nofollow noreferrer">different</a> <a href="https://www.theguardian.com/technology/2021/jul/30/im-sorry-dave-im-afraid-i-invented-that-australian-court-finds-ai-systems-can-be-recognised-under-patent-law" rel="nofollow noreferrer">decisions</a> that have been made around AI as an inventor in patent law, but copyright seems very different. This question is somewhat prompted by <a href="https://law.stackexchange.com/a/77356/41938">this answer</a>, but the question is different. Any jurisdiction would be interesting.</p>
<p><a href="https://thisartworkdoesnotexist.com/" rel="nofollow noreferrer">Click to see: Generative Adversarial Network produced work of art</a></p>
| 77,363 | [
{
"answer_id": 77397,
"body": "<p><a href=\"/questions/tagged/germany\" class=\"post-tag\" title=\"show questions tagged 'germany'\" rel=\"tag\">germany</a>\nI am reasonably sure that works like this would be Public Domain, i.e. not copyrighted in the first place. In Germany, copyright (or more prec... | [
"copyright",
"artificial-intelligence"
] |
Fake video from saab | -11 | https://law.stackexchange.com/questions/94138/fake-video-from-saab | CC BY-SA 4.0 | <p><a href="https://web.archive.org/web/20230715091936/https://forums.flightsimulator.com/t/fake-gripen-video/599765" rel="nofollow noreferrer">https://web.archive.org/web/20230715091936/https://forums.flightsimulator.com/t/fake-gripen-video/599765</a></p>
<p>See above. Saab released a video falsely claiming the gripen turned 9g. It was actually a 4g turn.</p>
<p>Do the customers of the gripen have the right to sue the company for false advertising?</p>
| 94,138 | [
{
"answer_id": 94140,
"body": "<p>No.</p>\n<p>There is no reason for anyone to believe that a country's Air Force would purchase a military jet fighter in reliance upon a comment made by the company in a promotional video intended for the general public. And, even if it did, generally "buyer beware&qu... | [
"false-advertising",
"uae",
"government-contracts"
] |
Can the lender of a collateralised loan take more than the collateral upon default? | 6 | https://law.stackexchange.com/questions/94114/can-the-lender-of-a-collateralised-loan-take-more-than-the-collateral-upon-defau | CC BY-SA 4.0 | <p>Recently, Park Hotels & Resorts has pulled out of the San Francisco market, but - assuming I've understood correctly - instead of selling their properties there for pennies and taking the loss on the mortgages(?) on them, they have chosen to default on the debt and leave it to the lender.</p>
<blockquote>
<p>“This past week we made the very difficult, but necessary decision to stop debt service payments on our San Francisco CMBS loan,”</p>
<p>June 05, 2023 (GLOBE NEWSWIRE) -- Park Hotels & Resorts Inc. (“Park” or the “Company”) (NYSE:PK) today announced that, starting in June, it ceased making payments toward the $725 million non-recourse CMBS loan which is scheduled to mature in November 2023, and is secured by two of its San Francisco hotels—the 1,921-room Hilton San Francisco Union Square and the 1,024-room Parc 55 San Francisco. The Company intends to work in good faith with the loan’s servicers to determine the most effective path forward, which is expected to result in ultimate removal of these hotels from its portfolio.</p>
</blockquote>
<p>-- Globe Newswire - <a href="https://archive.ph/M4yl6" rel="nofollow noreferrer">https://archive.ph/M4yl6</a></p>
<p>In a discussion on social media which I won't source for reasons of good taste, I read the following:</p>
<blockquote>
<p>I'm pretty sure the bank could go after the owner for any difference between the unpaid loan balance and what they're able to sell it for. The question is, would something like this force them to write down on their GAAP financials the value of any other loans they've extended. Meaning maybe they won't.</p>
</blockquote>
<p>I don't know what the second and third sentences mean, but the first one gave me the title question - in the case where a loan is taken out like a mortgage, whereby the collateral is the property, and there are big red letters on the offer contract stating "your home may be repossessed if you fail to make payments", can the lender upon selling the repossessed property at a loss still hold that debt against you and get the money off you somehow?</p>
<p>My initial thoughts are "no, they can't, the reason for the loan being collateralised was specifically to cover delinquency, it's their dang fault for making a bad bet on the market," but that's directly contravened by the above social media post.</p>
<p>Upon reading <a href="https://law.stackexchange.com/a/67040/33864">this</a> answer, it appears the terms I'm looking for are "recourse" and "non-recourse", but I'm still unclear:</p>
<blockquote>
<p>The default rule is that security interests in assets <strong>other than real property</strong> is a recourse debt</p>
<p>[...]</p>
<p>In the case of secured debts in real property, most states mirror the personal property rule (which is very close to Uniform since every state, territory and district in the U.S. had adopted Article 9 of the Uniform Commercial Code governing security interests in property other than real estate). But in a few states (including California), security interests in owner occupied residential real estate (a.k.a. mortgages, liens, encumbrances, or deeds of trust) are truly, or in practice are, effectively non-recourse.</p>
</blockquote>
<p>Which I may be misreading, but it sounds like California (of interest here) would be expected to be a special case for some reason.</p>
<p>EDIT: I read the social media thread further and found the following from the same poster:</p>
<blockquote>
<p>I was wrong. Virtually all big commercial loans of the scale we're talking here are "nonrecourse," meaning the lender takes the building but has no further right of action action against the borrower. <strong>This is unlike home mortgages</strong>, or even most small business loans.</p>
</blockquote>
<p>From this it sounds like the poster is mistaken, as home mortgages are also non-recourse according to the above linked LSE post... But maybe I'm getting confused with jurisdictions and it's different because Park are headquartered in Washington DC...</p>
<hr />
<p>This exact situation involves a large corporation headquartered in Washington DC, a lender headquartered in Florida, property in California, and the question is being asked by some dingus in England with nothing more than a passing interest in America and no line of credit larger than a small house in the countryside, so answers relating to all jurisdictions would be fascinating, especially those of England.</p>
| 94,114 | [
{
"answer_id": 94117,
"body": "<blockquote>\n<p>I'm pretty sure the bank could go after the owner for any difference\nbetween the unpaid loan balance and what they're able to sell it for.</p>\n</blockquote>\n<p>Incorrect. The news report states "it ceased making payments toward the $725 million <strong... | [
"loan",
"mortgage"
] |
Can one be bound by a rental contract even if one finds a replacement to take it over? | -2 | https://law.stackexchange.com/questions/94122/can-one-be-bound-by-a-rental-contract-even-if-one-finds-a-replacement-to-take-it | CC BY-SA 4.0 | <p>Bob rents a property from Alfred, signs a contract of one year. Perhaps the contract allows Bob to be released early if he is able to find a replacement for himself. Or perhaps the contract explicitly prohibits this, or it stays silent on the matter.</p>
<p>Let us suppose that the contract is one of the latter two scenarios.</p>
<p>What is the position of the contract is silent?</p>
<p>And, if the contract specifically precludes such, is that type of provision in the contract enforceable?</p>
| 94,122 | [
{
"answer_id": 94123,
"body": "<p>See Shelter, "<a href=\"https://england.shelter.org.uk/professional_resources/legal/renting/assignment/assignment_of_assured_and_assured_shorthold_tenancies\" rel=\"nofollow noreferrer\">Assignment of assured and assured shorthold tenancies</a>":</p>\n<blockquote>... | [
"england-and-wales",
"tenancy-rules",
"assured-shorthold-tenancy"
] |
Are there any legal provisions that concern males entering various types of business establishments without a shirt? | 12 | https://law.stackexchange.com/questions/94063/are-there-any-legal-provisions-that-concern-males-entering-various-types-of-busi | CC BY-SA 4.0 | <p>Bob entered a grocery store without a shirt. Charles entered a restaurant.</p>
<p>Are there any laws that make either of these either absolutely or conditionally a problem?</p>
| 94,063 | [
{
"answer_id": 94069,
"body": "<p><a href=\"/questions/tagged/england-and-wales\" class=\"post-tag\" title=\"show questions tagged 'england-and-wales'\" aria-label=\"show questions tagged 'england-and-wales'\" rel=\"tag\" aria-labelledby=\"tag-england-and-wales-tooltip-container\">england-an... | [
"england-and-wales",
"any-jurisdiction"
] |
What if someone serving time in prison gets elected president? | 3 | https://law.stackexchange.com/questions/94025/what-if-someone-serving-time-in-prison-gets-elected-president | CC BY-SA 4.0 | <p>What if someone serving time in a <em>state</em> prison gets elected president? Can he order himself to be released (be it via a pardon or on the grounds of national security)?</p>
<p>Assuming he could not do this, would his vice president take over for the duration of the term, or while the president is incarcerated?</p>
<p>Would the answer be different if it's a federal prison?</p>
| 94,025 | [
{
"answer_id": 94030,
"body": "<h2>A Presidential Pardon does not affect the States at all</h2>\n<p>A president clearly can not pardon himself for a state crime, because the president does not have that as an enumerated power. Presidential pardons are limited in the Constitution, Article II Section 2 Clause... | [
"united-states",
"constitutional-law",
"us-constitution",
"president",
"pardon"
] |
Details despite NDA for selling company (California) | 1 | https://law.stackexchange.com/questions/94082/details-despite-nda-for-selling-company-california | CC BY-SA 4.0 | <p><a href="https://law.stackexchange.com/a/94070/51266">This question</a> says that it may be possible that an NDA can exist such that if someone were to sell their company, can they can have an NDA that prevents them from speaking about their company name, the buying company's name, and details about what their company does. Would it be possible to find out any of these details as a third party despite the NDA? For example, I've heard that one can look up if an LLC existed for 3 years beyond the LLC's closure.</p>
| 94,082 | [
{
"answer_id": 94085,
"body": "<p>If the seller of a company signed an NDA, that NDA would make it illegal <em>for them</em> to tell you whatever the NDA covers (except there may be legal requirements that would override an NDA).</p>\n<p>That doesn't mean you cannot find out in any other legal way. For exam... | [
"united-states",
"california",
"non-disclosure"
] |
If you are holding a mobile phone while driving and you are not looking at it nor are you texting are you still deemed as using it? | -8 | https://law.stackexchange.com/questions/94105/if-you-are-holding-a-mobile-phone-while-driving-and-you-are-not-looking-at-it-no | CC BY-SA 4.0 | <p>The concept of dualism which exists throughout the universe. Every word, phrase, object and thing in the universe there is a positive and a negative state. For example - up/down, in/out, black/white, left/right, holding/not holding, using/not using. Now, in the case of holding a mobile phone; the holder decides if they are using it or not. The observer, on the other hand, does not have the right to say that the holder is using it or not using it. The observer can only observe that the holder is holding the phone and can't determine if they are using it or not. This is my opinion of the matter. Thus, in a democratic society, the holder of a phone decides if he/she is using it or not. In a dictatorship, on the other hand, the rights of the individual are negated and the dictator determines that dualism doesn't exist and that the holder <strong>must</strong> be using the phone, just because they are <strong>holding</strong> it. Thus, the dictator has negated logic, laws of physics, rules of grammar in order to justify an enforced and language limiting opinion/law.
The law states in Australia - 2014 -reg 300
The driver of a vehicle must not use a mobile phone while vehicle is moving, or is stationary.
"use" in relation to mobile phone, includes any of the following actions by a driver, (a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in a vehicle.
"held" includes held by, or resting on, any part of the driver's body. but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver.</p>
| 94,105 | [
{
"answer_id": 94106,
"body": "<h2>YES 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<blockquote>\n<p><a href... | [
"legal-terms"
] |
Comparison of Biden and Evanston Race-Conscious Policies | 2 | https://law.stackexchange.com/questions/94083/comparison-of-biden-and-evanston-race-conscious-policies | CC BY-SA 4.0 | <p>In 2021, the Biden administration created a loan forgiveness program that excluded white farmers, on the argument that Black people had suffered historical damages. It was ruled unconstitutional and a violation of equal protection. (Wynn v. Vilsack et al)</p>
<p>In 2023, Evanston, IL created a mortgage assistance program that excluded white, Asian, Hispanic, and other homeowners on the argument on the argument that Black homeowners had suffered historical damages. Notably, the program excludes not just Asian and Hispanic homeowners, but also LGBTQIA2S+, Catholic, Muslim, and many other people who were excluded based on the same housing policies.</p>
<p>What is the difference?</p>
<p>I'm only looking for a comparison of the laws. This is <em>not</em> a duplicate of a straightforward analysis because I'm not looking for a full constitutional analysis, only an explanation of difference.</p>
<p>Helpful information: <a href="https://cityofevanston.civicweb.net/document/50624/Adoption%20of%20Resolution%2037-R-27,%20Authorizing%20the.pdf?handle=E11C7B73E1B6470DA42362AB80A50C46" rel="nofollow noreferrer">full text of decision</a>. I anticipated that the wording would include all racial groups that suffered discrimination, but I was surprised that the racial test is "having origins in any of the Black racial and ethnic groups of Africa". (Page 2, "Participant Eligibility")</p>
| 94,083 | [
{
"answer_id": 94104,
"body": "<p>The situations cannot reasonably be compared legally. In <a href=\"https://casetext.com/case/wynn-v-vilsack\" rel=\"nofollow noreferrer\">Wynn v. Vilsack</a>, a motion for preliminary injunction was granted (and the program was <em>not</em> ruled unconstitutional). In the r... | [
"united-states",
"fourteenth-amendment"
] |
Legal definition of a "child" in the United States | -2 | https://law.stackexchange.com/questions/94072/legal-definition-of-a-child-in-the-united-states | CC BY-SA 4.0 | <p>I notice that in several criminal cases women who are clearly post-pubescent teenagers are being legally characterized as "children", so I am wondering about the terminology here. For example, in one case I read of man being prosecuted for "rape of a child", however the the alleged "child" was 16 years old: clearly past the age of puberty.</p>
<p>So, normally in the English language, a "child" is a pre-pubescent person--in other words someone not sexually capable of procreating, which would mean 13 years old at the latest. However, apparently in legal sphere and the press there is a tendency to describe teenagers who are clearly sexually capable as "children" and this is obviously being done to demonize those who commit sex crimes against teenagers and increase the severity of the crime.</p>
<p>I searched for the legal definition of a "child" under Massachusetts law and could not find any definition. So, is it just ambiguous what the word "child" means in Massachusetts? What about US Federal law. Is there a legal standard of what constitutes a "child"?</p>
| 94,072 | [
{
"answer_id": 94076,
"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 term "child" is expre... | [
"criminal-law",
"legal-terms",
"massachusetts"
] |
Does Missouri Revised Statute 578.018 imply that a law enforcement officer must get a warrant to enter private property to check on an animal? | 1 | https://law.stackexchange.com/questions/94098/does-missouri-revised-statute-578-018-imply-that-a-law-enforcement-officer-must | CC BY-SA 4.0 | <p><a href="https://revisor.mo.gov/main/OneSection.aspx?section=578.018" rel="nofollow noreferrer">Missouri Revised Statute 578.018</a> vaguely states that a law enforcement officer and other officials "MAY" seek a warrant to enter onto private property to check., inspect or impound an animal etc. and must be preceded by an affidavit of probable cause I believe per my recollection.</p>
<p>This is also stated by the fourth amendment concerning illegal search and seizure But of course with every Constitutional right and "for the good of the people" law, there are many loopholes used against the citizens such as, with reference to the 4th amendment, curtilage access, exigent circumstances, emergencies, protection of evidence,wellness checks to name a few.</p>
<p>Section 578. Is an animal related statute rather than people. So is a public official required to have a warrant to enter posted private property for an animal neglect call when the property and animals are visible from the road or not? Additionally and specifically Barry county Missouri has no animal control laws or leash laws and it is not illegal to cage dogs for example. The 578 statute has been challenged for being unconstitutionally vague and arbitrary which was overruled but that was serious abuse case.</p>
<p>The definition "Adequate care" is vague as well. So warrant needed or not? and if so, what legal action can be taken for trespass, rights violations under color of law etc. if any?</p>
| 94,098 | [
{
"answer_id": 94100,
"body": "<p>The general rule is that a warrant is required to enter private property (absent constitutional case law exceptions to the warrant requirement such as exigent circumstances and consent), and that a warrant is available only when there is probable cause that a crime has been... | [
"police",
"missouri"
] |
What responsibility does a museum have to a protestor who glues themself to the wall | 8 | https://law.stackexchange.com/questions/85394/what-responsibility-does-a-museum-have-to-a-protestor-who-glues-themself-to-the | CC BY-SA 4.0 | <p>Can the museum leave the protestor glued there and leave for the night?</p>
<p>Edit: it appears that 4 days after I posted this questions, a Porsche showroom locked the protestors inside after turning off the lights for the evening.</p>
| 85,394 | [
{
"answer_id": 85403,
"body": "<p>In the UK, in general, they would have to take reasonable steps to ensure their safety. A museum has to ensure the safety of legitimate visitors, and also trespassers if it can <a href=\"https://www.insolvencydirect.bis.gov.uk/freedomofinformationtechnical/technicalmanual/c... | [
"united-states",
"united-kingdom",
"protest",
"trespassing"
] |
Understanding laws about medical and mental health advice/treatment | 0 | https://law.stackexchange.com/questions/94089/understanding-laws-about-medical-and-mental-health-advice-treatment | CC BY-SA 4.0 | <p>Can you help me understand which of these are legal and which are illegal in the U.S., and briefly why? (If the answers vary by state, assume state with "medium strictness", or just answer for the state you are familiar with.)</p>
<p>(A) I write and publish a book called "Cure your brain tumor by eating carrots!" in which I explain in detail how you can (and should) cure your brain tumor with carrots. I state clearly at the start of the book that I have no medical training.</p>
<p>(B) I write and publish a book called "Cure your depression by eating carrots!" in which I explain in detail how you can (and should) cure your depression with carrots. I state clearly at the start of the book that I have no psychological training.</p>
<p>(C) I meet with an individual who has a brain tumor and I advise them to eat carrots to cure it. I state clearly at the start of the session that I have no medical training. They pay me $100 for the session.</p>
<p>(D) I meet with an individual who has depression and I advise them to eat carrots to cure it. I state clearly at the start of the session that I have no psychological training. They pay me $100 for the session.</p>
<p>(E) I meet with an individual who has a brain tumor and I advise them to eat carrots to cure it. I state (truthfully) at the start of the session that I have an MD from an American institution, but that I am not a licensed physician in their state or in any state. They pay me $100 for the session.</p>
<p>(F) I meet with an individual who has depression and I advise them to eat carrots to cure it. I state (truthfully) at the start of the session that I have a masters degree in psychology from an American institution, but that I am not a licensed mental health provider in their state or in any state. They pay me $100 for the session.</p>
<p>(G) I meet online with an individual who has a brain tumor and I advise them to eat carrots to cure it. I state (truthfully) at the start of the session that I have a medical degree from another country (from which I'm video calling) and am licensed to practice medicine in that country, but that I am not a licensed physician in the U.S., in their state or in any state. They pay me $100 for the session.</p>
<p>(H) I meet online with an individual who has depression and I advise them to eat carrots to cure it. I state (truthfully) at the start of the session that I have a masters degree in psychology from another country (from which I'm video calling) and am licensed to practice as a therapist in that country, but that I am not a licensed mental health provider in the U.S., in their state or in any state. They pay me $100 for the session.</p>
| 94,089 | [
{
"answer_id": 94093,
"body": "<p>The two primary factors that govern the outcome are laws on "unapproved devices" and "practicing without a license". Carrots are only subject to ordinary food safety regulations in the US, and the outcome would not change by substituting broccoli, mustar... | [
"licensing",
"medical"
] |
Purchased merchandise stolen from customer before taken off retailer’s premises | -2 | https://law.stackexchange.com/questions/94062/purchased-merchandise-stolen-from-customer-before-taken-off-retailer-s-premises | CC BY-SA 4.0 | <p>Bob purchases an item from ACME stores Ltd but it was stolen from him before he left the store. Bob would like to request a replacement or refund. Whose loss is this? Whose property was stolen (presumably by another visitor to the shop), and if Bob’s, is ACME liable due to it taking place on their property?</p>
| 94,062 | [
{
"answer_id": 94071,
"body": "<p>When Bob buys a thing, it becomes his, and it ceases to be the property of the seller. By "buy", we understand that to mean "pays for and receives physical control of". At that point, Bob is responsible to control of his new property. His ownership of th... | [
"england-and-wales",
"liability",
"theft",
"any-jurisdiction",
"private-property"
] |
What is meant by "make declaration of brain stem death mandatory for every hospital"? | 1 | https://law.stackexchange.com/questions/91107/what-is-meant-by-make-declaration-of-brain-stem-death-mandatory-for-every-hospi | CC BY-SA 4.0 | <p>I am an activist working for organ donation popularization in India, a country with a dismally low rate (0.5 per million). Apart from working for deceased donation, I had also offered my own organs as a living donor, but the donation couldn't go through due to unfortunate legal hurdles in unrelated living donation in India.</p>
<p>While reading a <a href="https://link.springer.com/article/10.1007/s12055-021-01170-9" rel="nofollow noreferrer">recent paper</a> on the challenges, I found the following:</p>
<blockquote>
<p>Sensitization of doctors regarding brain stem death declaration is one
of the biggest challenges encountered by the transplant programme in
India.</p>
<p>A major change in the transplant laws can significantly increase the
deceased donor pool if declaration of brain stem death is made
mandatory for every hospital.</p>
</blockquote>
<p><em>Could the experts here please elaborate, in some detail, what is meant here? How are the brain stem deaths dealt with now, in the absence of such a law? Is it not reported/communicated? Are only the authorities not informed? Or is the family also not informed? Why is a separate law needed? How is it legal to not inform a death?</em></p>
<p>In other words, my question is what exactly is lacking today and why?</p>
<p>Thank you so much for this community. Your answer will guide my activist group's efforts.</p>
| 91,107 | [
{
"answer_id": 91119,
"body": "<h2>The law presently doesn't define “dead”</h2>\n<p>Therefore each doctor must decide on the basis of their own knowledge and experience when someone is dead. In those circumstances, it is common for doctors to be unwilling to call a brain dead individual who still has respir... | [
"death",
"india"
] |
What are the implications of requesting someone sign a document with false information? | 8 | https://law.stackexchange.com/questions/94067/what-are-the-implications-of-requesting-someone-sign-a-document-with-false-infor | CC BY-SA 4.0 | <p>I have been asked by multiple different companies on different occasions to sign documents, with my signature certifying that all information in the document is true and correct. These documents have had factual errors, and further, when I request a correction, the companies always insist that I sign the document anyway.</p>
<p>Is this inherently illegal, and if I were to sign as instructed, does their action affect the validity of contracts derived from this information or the validity of my signature, at all?</p>
| 94,067 | [
{
"answer_id": 94080,
"body": "<h2>In general, signing means you cannot deny the accuracy of the information in the future</h2>\n<p>In general, there is no prohibition on knowingly stating falsehoods under the law. That is, it is not illegal to lie.</p>\n<p>Exceptions include when you are under penalty of p... | [
"contract-law"
] |
Can the police tell you not to have house guests or you will be arrested? | 2 | https://law.stackexchange.com/questions/32715/can-the-police-tell-you-not-to-have-house-guests-or-you-will-be-arrested | CC BY-SA 4.0 | <p>My friend is being harassed by our local pd. They come to her house excessively and have even told her if she has house guests they will arrest her. Can they really do that?</p>
| 32,715 | [
{
"answer_id": 32730,
"body": "<blockquote>\n<p>They come to her house excessively and have even told her if she has\nhouse guests they will arrest her. Can they really do that?</p>\n</blockquote>\n<p>Absent special circumstances such as those discussed below, however, having house guests is not a crime, an... | [
"criminal-law"
] |
Can a church legally initiate formal discipline against a member who has officially withdrawn/resigned from the church? | 5 | https://law.stackexchange.com/questions/94002/can-a-church-legally-initiate-formal-discipline-against-a-member-who-has-officia | CC BY-SA 4.0 | <p>Suppose Jane is a member of a fundamentalist Evangelical church. She violates church doctrine and submits her resignation. At this point, church doctrine calls for her to be shunned by the church congregation and this indeed happens, but the worst thing to happen is that the congregation stops interacting with Jane.</p>
<p>Is this sufficient cause for a court to rule against Jane's former church?</p>
| 94,002 | [
{
"answer_id": 94004,
"body": "<h2>You don't have to interact with people if you don't want to</h2>\n<p>If you don't want to talk or otherwise interact with somebody in a personal capacity, you don't have to. Your reasons for doing so are your reasons.</p>\n<p>Some of the congregation may have roles that re... | [
"united-states",
"religion",
"colorado"
] |
NDA for selling company | 1 | https://law.stackexchange.com/questions/94068/nda-for-selling-company | CC BY-SA 4.0 | <p>Hypothetically, if someone were to say they sold their company, can they have an NDA that prevents them from speaking about their company name, the buying company's name, and details about what their company does or is this not possible?</p>
| 94,068 | [
{
"answer_id": 94070,
"body": "<p>An NDA is a contract between parties, hence the "A" which stands for "agreement".</p>\n<p>If the buyer asks for an NDA with those terms as a part of the deal and the seller agrees to it, then yes, it's possible. If the seller does not agree to the NDA t... | [
"united-states",
"non-disclosure"
] |
Can a non-human legal entity own copyright? | 2 | https://law.stackexchange.com/questions/94058/can-a-non-human-legal-entity-own-copyright | CC BY-SA 4.0 | <p>Can non-human legal entities (for example, corporations) own copyright?</p>
| 94,058 | [
{
"answer_id": 94059,
"body": "<p>Yes. For example, corporations can own copyright.</p>\n<p>They may own copyright after <a href=\"https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/copyright/transfer-ownership\" rel=\"noreferrer\">assignment</a> (this is true across much of the commo... | [
"copyright"
] |
If website uses cookies only after users login, can I ask for cookie consent during account creation instead of website launch? | 4 | https://law.stackexchange.com/questions/94052/if-website-uses-cookies-only-after-users-login-can-i-ask-for-cookie-consent-dur | CC BY-SA 4.0 | <p>I have a website that uses cookies only if the user logs in. Is it necessary to show a cookie popup banner at website launch or can I ask for consent when user is creating an account (the standard I agree to the website conditions checkbox)?</p>
| 94,052 | [
{
"answer_id": 94054,
"body": "<p>Under European rules (GDPR, ePrivacy), you only need consent here if you both</p>\n<ul>\n<li>access or store information on the user's device (such as cookies), and</li>\n<li>this access/storage is not strictly necessary for a service explicitly requested by the user.</li>\... | [
"gdpr",
"privacy",
"ccpa",
"cookies"
] |
failure to ID in the state of Texas | 3 | https://law.stackexchange.com/questions/28659/failure-to-id-in-the-state-of-texas | CC BY-SA 4.0 | <p>I was pulled over and the cop said that the reason was that when he ran the tags he couldn't find insurance on the car.</p>
<p>A former officer told me that, that is not a reason to pull someone over. He said if someone is speeding, ran a red light, made a wrong turn etc. those are reasons to pull someone over and THEN if it comes up that you don’t have insurance or they can’t find it I'm their system, that's when they can add that on as no proof of insurance. But he said simply pulling someone over because he doesn’t see insurance is an illegal stop.</p>
<p>Was that a legal stop? Then he asked for drivers license and proof of insurance. The car was not mine so I told him I didn’t have proof of insurance and I didn’t have my license on me. So he gave me a pen and pad to write down the name. I write down my sisters name assuming because it's her car he’d be able to find it's registered to her and he'd find the insurance I didn't know it was my first time ever ever stopped. Another office came and he asked for MY name in specific so I gave it to him and he said is that the same name you gave to the other officer I said no I gave home my sisters name because that's who's car this is.</p>
<p>In the end the original cop told me to step out, he searched the car (didn't find anything) and then arrested me for failure to ID and false information.</p>
<p>Should I have been taken to jail if I didn’t intentionally give him a wrong name? I told him I didn't intentionally give him a wrong name and in the end he still had my full name, address and date of birth.</p>
| 28,659 | [
{
"answer_id": 28662,
"body": "<p>The legality of the stop may be somewhat up in the air, but it would seem that the vehicle is not in the Texassure database, so it is reasonable to think that the person driving is not insured, and therefore is breaking the law. And that is all that is required: that the su... | [
"united-states",
"texas",
"driving"
] |
Does implied consent protect an organization's ability to discipline former members? | 1 | https://law.stackexchange.com/questions/94040/does-implied-consent-protect-an-organizations-ability-to-discipline-former-memb | CC BY-SA 4.0 | <p>Somewhat inspired by <a href="https://law.stackexchange.com/questions/94002/can-a-church-legally-initiate-formal-discipline-against-a-member-who-has-officia">this question</a>, I found <a href="https://www.9marks.org/article/informed-consent-biblical-and-legal-protection-church-discipline/" rel="nofollow noreferrer">this website</a>. To summarize, they imply that they would be legally protected from civil suits from former members who are being disciplined. Would this actually work? My first thought is that it doesn't make sense that a person who leaves cannot revoke their consent, especially since this wasn't a binding contract of any sort.</p>
| 94,040 | [
{
"answer_id": 94045,
"body": "<p>In <a href=\"https://law.justia.com/cases/oklahoma/supreme-court/1989/10494.html\" rel=\"nofollow noreferrer\">Guinn v. Church of Christ</a>, plaintiff withdrew from the church after an internal investigation of her conduct. The church apparently held as a matter of religio... | [
"religion",
"consent",
"freedom-of-religion",
"freedom-of-assembly"
] |
Is paying a police officer to do something legal that is in theory part of their job, but isn't being done, illegal? | 4 | https://law.stackexchange.com/questions/80208/is-paying-a-police-officer-to-do-something-legal-that-is-in-theory-part-of-their | CC BY-SA 4.0 | <p>Let's say you live in a house and have a neighbor who is a nuisance. The neighbor does various illegal things on a regular basis (car is extremely noisy above and beyond what is allowed in the law, loud music in the middle of the night that can be heard from the inside of neighbors homes, pool on roof seemingly without sanitation controls, burning trash on the sidewalk, etc, etc).</p>
<p>Basically, a neighbor who all the other neighbors despise, but no one does anything because the nuisance neighbor would probably only increase his disrespectful behavior.</p>
<p>I was discussing the issue with a friend, and I suggested that since police enforcement is very weak in the neighborhood, if it would be a possibility to just put a price on the "job of enforcing the law". Essentially, you walk up to a random police officer and say: "I'll give you 10k USD to do your job. That is, to go to this particular place, and observe the infractions occurring due to this nuisance neighbor, and do whatever the law prescribes you to do when you catch someone doing something illegal".</p>
<p><strong>Is offering the officer 10k to "do his job" an illegal act?</strong></p>
<p><strong>Is this conceptually equivalent to offering an officer money to not do his job (a bribe)?</strong></p>
<p><strong>Is offering the officer the money to perform his job considered a bribe?</strong></p>
<p>As another example. If your house is being robbed this very instant, and you know it, is it illegal to go to a police officer and say: "my house is being robbed, I'll pay you 10k USD to go to my house and do your job"?</p>
<p><strong>Is it immoral or unethical from either party (the payer or the police officer taking the payment)?</strong></p>
| 80,208 | [
{
"answer_id": 80211,
"body": "<p>It depends on the jurisdiction, and what you hire the officer to do. It is generally legal to hire an off-duty police officer, and <a href=\"https://www.seattle.gov/police-manual/title-5---employee-conduct/5120---off-duty-employment\" rel=\"nofollow noreferrer\">here</a> is... | [
"police"
] |
Is this is an appropriate way of distinguishing cases? | 0 | https://law.stackexchange.com/questions/94041/is-this-is-an-appropriate-way-of-distinguishing-cases | CC BY-SA 4.0 | <p>I was researching how lawyers, courts distinguish cases and I came across this article: <a href="https://plato.stanford.edu/entries/legal-reas-prec/index.html#PreLayDowRul" rel="nofollow noreferrer">https://plato.stanford.edu/entries/legal-reas-prec/index.html#PreLayDowRul</a>. It says that cases can be distinguished by a later court based on the following constraints:</p>
<p>(1) in formulating the ratio of the later case, the factors in the ratio of the earlier case must be retained, and (2) the ruling in the later case must be such that it would still support the result reached in the precedent case.</p>
<p>It also says that cases can be distinguished "even though those facts do not feature in the ratio of the earlier case."</p>
<p>This article also points out that "this power is not merely given to courts of the same level of authority as the one laying down the precedent (as is the case with overruling), but is given to every court lower in the judicial hierarchy."</p>
<p>Is this reasoning valid? Doesn't this go against the doctrine of stare decisis?</p>
<blockquote>
<p>Kmiec, Keenan. The Origin and Current Meanings of "Judicial Activism", California Law Review (2004):
Some instances of disregarding precedent are almost universally considered inappropriate. For example, in a rare showing of unity in a Supreme Court opinion discussing judicial activism, Justice Stevens wrote that a circuit court "engaged in an indefensible brand of judicial activism" when it "refused to follow" a "controlling precedent" of the Supreme Court. The rule that lower courts should abide by controlling precedent, sometimes called "vertical precedent," can safely be called settled law. It appears to be equally well accepted that the act of disregarding vertical precedent qualifies as one kind of judicial activism. "Horizontal precedent," the doctrine requiring a court "to follow its own prior decisions in similar cases," is a more complicated and debatable matter....</p>
</blockquote>
<p>Does the below from the article:</p>
<blockquote>
<p>this power is not merely given to courts of the same level of authority as the one laying down the precedent (as is the case with overruling), but is given to every court lower in the judicial hierarchy.</p>
</blockquote>
<p>conflict with what stare decisis is?</p>
<p>How can lower courts avoid a controlling precedent and not follow settled law as pointed out by Justice Stevens? Am I interpreting what the author is saying correctly? Can the lower courts add factors to the ratio of the earlier decision such that the result would be the same as in the earlier case and then distinguish seemingly like cases?</p>
| 94,041 | [
{
"answer_id": 94042,
"body": "<p>Distinguishing a case which was decided by a higher court does not violate the doctrine of <em>stare decisis</em>. If the case can be distinguished, then it is not a controlling precedent. The term "controlling" indicates not only that the decision is binding on l... | [
"common-law",
"precedent"
] |
How can Standard Contractual Clauses overcome Schrems II? | 4 | https://law.stackexchange.com/questions/94033/how-can-standard-contractual-clauses-overcome-schrems-ii | CC BY-SA 4.0 | <p>My understanding of Schrems II was that it essentially said the US did not provide adequate data protection because of the potential access intelligence agencies there have and the lack of legal recourse non-US citizens have, and consequently agreements such as Privacy Shield and Standard Contractual Clauses were invalid for making data transfers legal.</p>
<p>However, it seems multiple SaaS products still transfer data there under amended Standard Contractual Clauses, e.g:</p>
<p><a href="https://help.figma.com/hc/en-us/articles/360041060434-General-Data-Protection-Regulations-GDPR-" rel="nofollow noreferrer">Figma</a>:</p>
<blockquote>
<p>Figma relies on Standard Contractual Clauses for the transfer of personal data out of the EU and has implemented certain supplementary measures for EU to US data transfers based on the Schrems II decision</p>
</blockquote>
<p>I'm confused as to what supplementary measures Figma has/could even have added to a contract to change that? Is this likely to hold up, or also probably invalid and just not enforced/tested in court yet? How is it possible for Contractual Clauses to mitigate privacy risks enshrined by law in the US?</p>
| 94,033 | [
{
"answer_id": 94043,
"body": "<p>The <a href=\"https://curia.europa.eu/juris/document/document.jsf?text=&docid=228677&doclang=EN\" rel=\"noreferrer\">Schrems II decision (C-311/18)</a> primarily discussed the "Privacy Shield" adequacy decision, but also covered SCCs. The CJEU confirmed th... | [
"gdpr",
"data-protection"
] |
Is it legal to change user agent? | 0 | https://law.stackexchange.com/questions/94028/is-it-legal-to-change-user-agent | CC BY-SA 4.0 | <p>Assume (hypothetically), I'm using jsoup to download certain news website in my public android app. When I don't change user-agent in <code>jsoup</code> it redirects me to another website.</p>
<p>Is it legal to change the user agent of my public app, so the user of the app will get the correct news article? Does it matter that the website is scraped a little after downloading it?</p>
| 94,028 | [
{
"answer_id": 94029,
"body": "<h2>Read the ToS of the website</h2>\n<p>News websites implement such measures because unscrupulous people infringe on the copyright of their articles. Typically, such websites <strong>also</strong> have terms os service that explicitly makes usage of the website contingent on... | [
"internet",
"software"
] |
Why is a jury trial more often used in criminal, rather than civil trials, in many countries? | 2 | https://law.stackexchange.com/questions/61815/why-is-a-jury-trial-more-often-used-in-criminal-rather-than-civil-trials-in-ma | CC BY-SA 4.0 | <p>This is the case in most common law countries.</p>
<p>What is the commonly cited justification for this? Are jury trials shown to be more accurate than bench trials (particularly for criminal cases)?</p>
| 61,815 | [
{
"answer_id": 61816,
"body": "<p>Jury trials in common law jurisdictions are simply a fact, and don't need or get justification. Jury trials are ancient. In England the Scandinavians had an assembly, the þing ("thing") for deciding matters, such as guilt. Under Norman rule this became systematiz... | [
"criminal-law",
"jury",
"civil"
] |
GDPR Privacy Policy - how to handle non standard cases without much budget | -5 | https://law.stackexchange.com/questions/94016/gdpr-privacy-policy-how-to-handle-non-standard-cases-without-much-budget | CC BY-SA 4.0 | <p>I want to market a little side hustle of mine and due to GDPR need to create some data privacy policy. Since as any reasonable developer I try to leverage the power of frameworks like Firebase, Stripe, DallE2, other Google Services etc it seems like at the free privacy policy generates are not applicable.
I checked and found IT lawyers to charge 200 - 450 EUR a single hour which is simple unreasonable and unacceptable.</p>
<p>I mean I really don't try to screw anyone but the hurdles I see here seem insane.</p>
<p>Options I see:</p>
<ul>
<li>hire someone from fiverr to create that for me that is not a lawyer but has good reviews? Not sure how much of a risk reduction that really is. Seems a bit like a gamble.</li>
<li>Alternatively I could create a 1 EUR company that in case of being sued I essentially close and have no liability with my private money</li>
<li>open the company remote in a coutnry that doesn't care about such in my eyes overkill nonsense</li>
</ul>
<p>I really wonder how to approach this without spending thousands of EUR on legal services or is that basically not possible in the EU anymore?</p>
<p>Cheers
Tom</p>
| 94,016 | [
{
"answer_id": 94017,
"body": "<p>If you want some boilerplate text to just drop in and have done, you are going to be disappointed. But you don't need a lawyer either. Treat it as a coding job. First, list all the ways you are going to store and process identifiable user data. If someone is going to proces... | [
"gdpr"
] |
Why is the Crown Court called the Crown Court? | 1 | https://law.stackexchange.com/questions/93608/why-is-the-crown-court-called-the-crown-court | CC BY-SA 4.0 | <p>The Crown Court in England handles the graver charges known as indictments. Less severe criminal proceedings are heard in magistrates' court. Why is the Crown Court named Crown Court? Does it have some sort of closer association with the Crown than does a magistrates' court?</p>
| 93,608 | [
{
"answer_id": 93623,
"body": "<p>Because prosecutions on indictment are commenced in the name of the Crown (“R”) in respect of crimes which were historically regarded as offences against the monarch. The law relating to these crimes is ancient and was described in works like Hale’s <em><a href=\"https://en... | [
"criminal-law",
"england-and-wales",
"legal-terms",
"court",
"legal-history"
] |
Can restaurants "force" a minimun 15% tip for delivery service in California? | 0 | https://law.stackexchange.com/questions/94015/can-restaurants-force-a-minimun-15-tip-for-delivery-service-in-california | CC BY-SA 4.0 | <p>Found that some restaurants promote "free" delivery when total over 60 dollars, as customers we can choose leave no tips, or any amount we want. When the order total is 59.9, it charges 15% as tips as default, and we can increase it. Is that legal in California?</p>
| 94,015 | [
{
"answer_id": 94018,
"body": "<p>By definition, a tip is at the discretion of the customer, so what you have is a service charge – a service charge is legal. It is legal to offer free delivery for orders over a stated amount, and to charge a percentage as delivery charge for lesser amounts. There is no spe... | [
"california",
"restaurants"
] |
Consumer rights | -4 | https://law.stackexchange.com/questions/93919/consumer-rights | CC BY-SA 4.0 | <p>I’ve recently purchased a part for my washing machine it did say product out of stock and usually takes up to 10 days but 16 days on still nothing go to tracking and it shows no info available. When I have contacted them I received the following response. What is an acceptable time to wait and can they give me an indefinite time scale?</p>
<blockquote>
<p>We are really sorry for the delay with your order.</p>
<p>The part you ordered is not currently in stock. We are a company
who are very dependent on our suppliers, we would need to wait for new
stock to arrive until we're able to dispatch your order. We
understand you are dependent on us for this item, likewise as advised
above we are very dependent on our suppliers. However the estimated
delivery dates are subject to change depending on availability.</p>
<p>At this time they are unable to give an estimated delivery date for
your order.</p>
<p>Please be assured that as soon as your order becomes available it will
be dispatched to you as soon as possible to avoid any further
inconvenience.</p>
<p>Once again, we apologise for any inconvenience caused and thank you
for your patience.</p>
</blockquote>
| 93,919 | [
{
"answer_id": 93997,
"body": "<p>Consumer goods are to be delivered in a reasonable time: 30 days. This assumes (as implied by the question) that the contract has no specific date of delivery. <a href=\"https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted\" rel=\"nofollow noreferrer\">The law sa... | [
"united-kingdom",
"consumer-protection"
] |
Mens rea in hypothetical "illegal" abortion | 4 | https://law.stackexchange.com/questions/1568/mens-rea-in-hypothetical-illegal-abortion | CC BY-SA 3.0 | <p>Consider the following hypothetical scenario. I recognise that it very likely to never occur, but I am interested more in the technical implications than in any actual possibility. Additionally, while the ethical questions involved are certainly interesting, I am specifically asking about the actual legal issues involved, not about the ethics of the situation (except so far as they might apply to the legal outcome).</p>
<blockquote>
<p>A clause is added to the constitution declaring unambiguously that all
unborn foetuses fitting a certain set of criteria are human beings with all
the attendant basic rights etc.</p>
<p>A pregnant woman, whose unborn child matches the set of criteria
exactly, but who <em>absolutely, unequivocally and unambiguously believes
that her unborn foetus is</em> <strong><em>not</em></strong> <em>a human being</em>, procures an
abortion.</p>
</blockquote>
<p><strong>Is the woman legally guilty of murder (or, if not, any form of homicide)?</strong></p>
<p>I'm interested in any and all reasons for the answer being yes or no, but my main concern is the following:</p>
<p>The act of procuring an abortion, as I understand it, would satisfy the <em>actus reus</em> of murder, that is, the deliberate ending of a human life. However, if someone is genuinely convinced that they are <em>not</em> killing a human being (which includes the circumstance that what they <em>are</em> killing is not a human being), it would seem that they do not satisfy the requirement for <em>mens rea</em> for a murder conviction.</p>
<p>One might draw a parallel with a woman with postpartum psychosis who, while hallucinating that her six-month-old son is a monster, throws him from the balcony of an apartment building, killing him. In both cases, the woman involved causes the death of her child, but is totally convinced that she is not killing a human being.</p>
| 1,568 | [
{
"answer_id": 1570,
"body": "<p><strong>Yes the woman is guilty of murder</strong> (under the law OP described)</p>\n<p>The issue of common law mens rea (the guilty conscience) is moot as it is no longer a component of the crime, see <a href=\"https://en.wikipedia.org/wiki/Mens_rea\" rel=\"noreferrer\">her... | [
"united-states"
] |
What happens to an individual who is deported to a country of which they are not a citizen? | 9 | https://law.stackexchange.com/questions/1306/what-happens-to-an-individual-who-is-deported-to-a-country-of-which-they-are-not | CC BY-SA 3.0 | <p>It seems that a person who is deported will normally be deported to the country of their citizenship, but this is not a requirement, particularly if the person is stateless. In such cases the person may be deported to a country of which they <em>used</em> to be a citizen. For example, according to <a href="http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html">http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html</a></p>
<blockquote>
<p>Persons intending to renounce U.S. citizenship should be aware that, unless they already possess a foreign nationality, they may be rendered stateless and, thus, lack the protection of any government. They may also have difficulty traveling as they may not be entitled to a passport from any country. Even if not stateless, former U.S. citizens would still be required to obtain a visa to travel to the United States, or show that they are eligible for admission pursuant to the terms of the Visa Waiver Pilot Program (VWPP). Renunciation of U.S. citizenship may not prevent a foreign country from deporting that individual to the United States in some non-citizen status.</p>
</blockquote>
<p>What happens to such people after being deported, if their country of former citizenship does not automatically reinstate citizenship upon request? Are they typically admitted as temporary visitors or as permanent residents? Or, perhaps, in a legal status similar to that of an illegal immigrant, possibly unable to work or apply for most public assistance?</p>
| 1,306 | [
{
"answer_id": 1313,
"body": "<p><a href=\"https://en.wikipedia.org/wiki/Statelessness\" rel=\"noreferrer\">Statelessness</a> is a very serious condition.</p>\n\n<p>It is quite likely that a person such as you describe may be required to board an aeroplane to that country but will not be permitted to pass t... | [
"citizenship",
"immigration"
] |
Can the people who let their animals roam on the road be punished? | 9 | https://law.stackexchange.com/questions/93980/can-the-people-who-let-their-animals-roam-on-the-road-be-punished | CC BY-SA 4.0 | <p>The problem of stray animals roaming on the road in India is difficult to solve mainly due to religious and political reasons.</p>
<p>However, not all animals are claimed but animals such as goats are left to roam on the road during the day and kept inside the house/farm at night. It's a road safety issue as these animals often get hit by vehicles and the animal owners ask for the monetary compensation.</p>
<p>What are the laws to deal with the stray animals and can the animal owners be punished in the aforementioned condition?</p>
| 93,980 | [
{
"answer_id": 93985,
"body": "<p><strike>There's nothing that I can find that specifically refers to any offence for allowing one's goats to roam free, but</strike> there are at least two national, and probably more at state / municipal level, laws that deal with obstructing the highway - therefore potenti... | [
"india",
"traffic",
"animals",
"safety"
] |
Is it illegal for websites to host children fighting with the purpose of humiliation | 2 | https://law.stackexchange.com/questions/93999/is-it-illegal-for-websites-to-host-children-fighting-with-the-purpose-of-humilia | CC BY-SA 4.0 | <p>A video recently came to my attention that involved two children ages approximately 5,and 6, or so and the video consisted of the boy and girl wrestling - but not in a fair competition, but to humiliate the little boy. He was called a sissy and similar derogatory terms, and it was posted on a website that hosts some adult/pornographic content as well as discussion groups/forums. There was no question about the intent of the video because the voice-overs flat out said it was to show the little boy what a worthless sissy he was. Obviously, this can be emotionally dangerous to a first or even second grade child who is just realizing the reality of societal definitions of masculinity/femininity. And I have another aspect to consider. What can happen legally to the promoters/parents for promoting and distributing on the internet</p>
| 93,999 | [
{
"answer_id": 94000,
"body": "<p>In the US, derogatory speech is protected under the First Amendment. There have been <a href=\"https://www.mtsu.edu/first-amendment/article/966/harmful-to-minors-laws\" rel=\"nofollow noreferrer\">a number of attempts</a> to limit internet speech that is deemed to be "... | [
"internet"
] |
Does receiving an email informing me of a change in policy mean I automatically agree with it, unless I object? | 7 | https://law.stackexchange.com/questions/93996/does-receiving-an-email-informing-me-of-a-change-in-policy-mean-i-automatically | CC BY-SA 4.0 | <p>Several years ago I bought a domain name. I have never really used it, and have been wanting to get rid of it for quite some time now, but every year the hosting service finds another trick to make me pay for another year. (I admit: I'm playing a bit into their hand by being forgetful from time to time)</p>
<p>This year I again get an invoice. I thought I cancelled through email or their ticketing system last year, but I can't find anything that confirms my memory. However, I did find something else. I found an email in which they said that up until now, their service is always prepaid. They will only extend the domain name after you pay the invoice. However, starting from that will change. From then on, their service will be subscription based. Which means that they will automatically extend the domain name, even without your approval, to avoid losing it.</p>
<p>And honestly, I kinda get their change. I understand why many people would be happy with this, and I don't have a hard time believing that they made this change with the best intentions. And normally I wouldn't want to abuse this. But in this case, due to other unethical things they do and did in the past, I would like to get rid of them ASAP.</p>
<p>So I wonder... does merely receiving this email mean that I am bound by their new policy? Or can I expect to still be under the old regime, where the service was prepaid?</p>
<p>Note that this is (imho) different from services such as e.g. Facebook, where you actively <strong>use</strong> the service, so you agree to their ToS every time you log in. With domain names, you only use it passively. And in my case I didn't use it at all. The domain name hasn't been in use for years, and I haven't logged in on the webpage since last time I got an invoice.</p>
<p>Jurisdiction: The company is situated in The Netherlands, while I myself live in Belgium.</p>
| 93,996 | [
{
"answer_id": 93998,
"body": "<h2>What does the contract say?</h2>\n<p>If it says that they have the right to unilaterally alter the terms by providing you with notice by email, then they have the right to unilaterally alter the terms by providing you with notice by email.</p>\n<p>These types of service co... | [
"contract-law",
"netherlands",
"domain-name",
"belgium"
] |
Are there examples of companies suing regulators for selective enforcement? | 3 | https://law.stackexchange.com/questions/93922/are-there-examples-of-companies-suing-regulators-for-selective-enforcement | CC BY-SA 4.0 | <p>My hypothetical scenario is roughly like this:</p>
<ul>
<li>Company A has product X in circulation</li>
<li>The relevant regulator, after scrutinizing X, issues a ban and/or fines company A for their product X</li>
<li>Company A claims that their competitor, company B, has a product Y that is very similar to their own product X, which (Y) has nevertheless not gone into any scrutiny by the regulator, and it remains in circulation</li>
<li>Hence, company A sues the regulator for unfair selective enforcement against their competitor, company B</li>
</ul>
<p>Are there any such examples, or even legal provisions for such cases?</p>
<p>I am particularly interested in the US, but any examples or legal provisions from a state with a market-based economy (G7, EU, Australia, New Zealand etc) would suffice.</p>
| 93,922 | [
{
"answer_id": 93986,
"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>... | [
"regulations",
"competition"
] |
Are emojis acceptable in contracts? | 6 | https://law.stackexchange.com/questions/83352/are-emojis-acceptable-in-contracts | CC BY-SA 4.0 | <p>If I ✍️ a 📄 using emojis instead of words, does that affect the validity of the 📄?</p>
<p>Example:</p>
<blockquote>
<p>Mary will only use the 🔑 to open the front 🚪 of John's 🏡 in order to feed his 🐈. Mary will feed the 🐈 three times every day for one 🗓️. John will pay Mary 💯💲.</p>
</blockquote>
<p>What if an emoji is ambiguous? A contract to sell a 🔫 could involve a firearm or a water gun, depending on fonts.</p>
<p>Of course, this isn't a good idea.</p>
| 83,352 | [
{
"answer_id": 83353,
"body": "<h2>Yes</h2>\n<p>Written contracts do not have to be written in any particular language or character set. <a href=\"https://researchimpact.uwa.edu.au/research-impact-stories/comic-book-contracts/\" rel=\"noreferrer\">Purely visual</a> contracts are used and are legally binding... | [
"united-states",
"contract-law",
"oregon"
] |
Form L-8 and Death in New Jersey | 1 | https://law.stackexchange.com/questions/93905/form-l-8-and-death-in-new-jersey | CC BY-SA 4.0 | <p>Consider the following hypothetical case. A parent dies, in 2023, leaving all his money to his daughter in the state of New Jersey. His sole assets are two brokerage account worth 2 million dollars each.</p>
<p>Here are my claims:</p>
<ol>
<li>There is no estate tax or inheritance tax due to New Jersey on the estate.</li>
<li>Two copies of form L-8 needed to be filled out. One for each brokerage account.</li>
</ol>
<p>Who is required by law to file out form L-8? Is it the broker?</p>
<p>If the assets are inside a living revocable trust would that get rid of the requirement to file form L-8?</p>
| 93,905 | [
{
"answer_id": 93993,
"body": "<p>Per <a href=\"https://www.state.nj.us/treasury/taxation/pdf/other_forms/inheritance/itl8.pdf\" rel=\"nofollow noreferrer\">https://www.state.nj.us/treasury/taxation/pdf/other_forms/inheritance/itl8.pdf</a></p>\n<p>The forms may be filed by the executor of the estate, the Ad... | [
"united-states",
"new-jersey"
] |
What is an “estate,” as in a “housing estate” or “council estate”? | -1 | https://law.stackexchange.com/questions/93983/what-is-an-estate-as-in-a-housing-estate-or-council-estate | CC BY-SA 4.0 | <p>Also, how does this sense of the word differ from those used in other jurisdictions, and how are any of the senses of the term derived from one another if at all?</p>
| 93,983 | [
{
"answer_id": 93984,
"body": "<blockquote>\n<p>What is an “estate,” as in a “housing estate” or “council estate”?</p>\n</blockquote>\n<p>See <a href=\"https://www.oed.com/view/Entry/88956\" rel=\"nofollow noreferrer\"><em>Oxford English Dictionary</em>: "housing, <em>n.1</em>"</a>:</p>\n<blockquo... | [
"legal-terms",
"common-law",
"trusts-and-estates",
"any-jurisdiction"
] |
Is it legal for a brick and mortar establishment in France to reject cash as payment? | 5 | https://law.stackexchange.com/questions/93974/is-it-legal-for-a-brick-and-mortar-establishment-in-france-to-reject-cash-as-pay | CC BY-SA 4.0 | <p>Alice’s Restaurant or Bob’s corner shop in Paris or anywhere else in France wishes to go “card only”. Is this legally allowed?</p>
| 93,974 | [
{
"answer_id": 93975,
"body": "<p><strong>France: No</strong></p>\n<p><a href=\"https://cashessentials.org/french-authorities-remind-merchants-that-accepting-cash-is-obligatory/\" rel=\"noreferrer\">CashEssentials</a> writes</p>\n<blockquote>\n<p><strong>French Authorities Remind Merchants that Accepting Ca... | [
"france"
] |
is uncensorship in japanese porn illegal | 1 | https://law.stackexchange.com/questions/93978/is-uncensorship-in-japanese-porn-illegal | CC BY-SA 4.0 | <p>According to some laws in japan censorship is a must for adult films but why does uncensored porn in JAPANESE ADULT VIDEOS ,PORNHUB,ETC exist is that legal? of not what charges they could be facing?</p>
| 93,978 | [
{
"answer_id": 93979,
"body": "<p>Article 175 of the <a href=\"https://www.japaneselawtranslation.go.jp/en/laws/view/3581/en\" rel=\"noreferrer\">Criminal Code</a> says:</p>\n<blockquote>\n<p>A person who distributes, sells or displays in public an obscene document, drawing or other objects shall be punishe... | [
"internet",
"privacy",
"liability",
"pornography",
"japan"
] |
Capital Gains: If I loan Bitcoin to my LLC, can the LLC sell it to pay for expenses, and later repay the loan in USD tax free? (USA Law) | 2 | https://law.stackexchange.com/questions/77674/capital-gains-if-i-loan-bitcoin-to-my-llc-can-the-llc-sell-it-to-pay-for-expen | CC BY-SA 4.0 | <p>I understand that taking a credit line against Bitcoin collateral is not capital gains event because there is no sale.</p>
<p>However,</p>
<ol>
<li>If a party, such as a company, is lent Bitcoin (BTC), sell it to pay expenses, and then pays back the loan in USD would that be a taxable event for the lender?</li>
<li>If so is there any way to avoid that-- perhaps by paying back the loan back equivalent amount of Bitcoin?</li>
<li>Is a Bitcoin denominated capital contribution ever not a taxable event?</li>
</ol>
| 77,674 | [
{
"answer_id": 78041,
"body": "<p>No, a loan is not taxable to the borrower and the repayment of principal is not taxable to the lender. Interest paid is a deductible expense for a business borrower and interest received is income to the lender.</p>\n<p>The form of the lent property and repaid property is i... | [
"cryptocurrency",
"tax-law",
"loan",
"federal-tax-law"
] |
ABRA Powers violative of human rights act | -4 | https://law.stackexchange.com/questions/93976/abra-powers-violative-of-human-rights-act | CC BY-SA 4.0 | <p>Parliament tomorrow passes the Arbitrary Bullocks Removal Act 2023, entitling (but crucially not obliging; in other words, bestowing a power though not a duty) the minister of Justice to arbitrarily select individuals to be castrated at his will. In order to do so he must sign a warrant of a certain prescribed form, and upon the act taking effect minister of Justice Alex Avery exercises his power to condemn citizen Bob Bolger to removal of his bollocks. He does everything exactly to the letter of ABRA 2023, but in exercising the power created and granted to him by ABRA, he is clearly violating several of Bob’s human rights, not least Articles 3&6.</p>
<p>(Note that HRA 1998 is a constitutional act.)</p>
<p>Is there not some doctrine which suggests that Minister Avery as a government official must not act in ways which contravene citizens’ human rights?</p>
<p>Bob applies thus for judicial review of Minister Avery’s decision to issue the ABRA warrant for his arbitrary castration, on grounds that his decision to exercise the power given to him by ABRA has the effect of violating Bob’s human rights.</p>
<p>Yet, one may also perhaps quite easily argue that the power bestowed on the government by ABRA inherently violates, and cannot but violate, its subjects’ human rights, and so it cannot be exercised without violating subject citizens’ human rights.</p>
<p>Perhaps, as per a different answer by Dale M., the UK judiciary may not nullify ABRA itself, but can it reverse any particular decisions by relevant government ministers to actually exercise the powers bestowed to them by the Act’s provisions?</p>
| 93,976 | [
{
"answer_id": 93977,
"body": "<h2>Human rights are not inviolate</h2>\n<p>Even the <a href=\"https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf\" rel=\"nofollow noreferrer\">Universal Declaration of Human Rights</a> recognises this in Article 29.</p>\n<p>This is obviously true when you think about ... | [
"united-kingdom",
"constitutional-law",
"human-rights",
"separation-of-powers",
"constitutional-rights"
] |
is it legal for a body shop to waive my deductible | 1 | https://law.stackexchange.com/questions/93921/is-it-legal-for-a-body-shop-to-waive-my-deductible | CC BY-SA 4.0 | <p>I'm in Colorado (USA)... in case it varies by state, which I suspect it does.</p>
<p>Long story short is that I have 2 options for repairing the hail damage done to my car in a recent storm, for which I have filed a claim on my comprehensive insurance. One shop is telling me they'll waive my $750 deductible, saying that it's completely legit because they're just absorbing the cost and are free to do so at their discretion and the other is telling me that by definition, the deductible is the 1st amount paid to the garage before insurance makes any payment to them and that any savings incurred (such as the garage reducing my bill by $750) belongs to the insurance company.</p>
<p>They both make a little sense to me, and I'm not really convinced that 1 shop is lying while the other is being truthful. i'd like to think 1 is just less informed... or that it's not a black and white answer, but maybe not.</p>
<p>I know the true answer probably lies with my insurance company and policy, but I don't trust them not to be misleading (without actually lying) any more than I do a business. BEFORE i listen to wha anyone else has to say, I'd like to know the actual law, then read through my policy and see what seems like the right answer to me AND THEN run it by both garages AND my insurance company to see what each has to say.</p>
<p>Anyone with any knowledge in this realm or who can help me find where in the books this thing is covered would be greatly appreciated.</p>
| 93,921 | [
{
"answer_id": 93943,
"body": "<p>Suppose the shop bills you $2000 and you have a $750 deductible. You pay them $750, your insurance company pays $1250. Now suppose instead that the shop purports to waive the deductible. In order to get the insurance company to pay $1250 they still have to bill $2000. T... | [
"fraud",
"car-insurance"
] |
UK GDPR Transcribing calls | 4 | https://law.stackexchange.com/questions/93962/uk-gdpr-transcribing-calls | CC BY-SA 4.0 | <p>I'd like to understand the rules around automated transcribing calls in the UK, from a B2B perspective.</p>
<p>GDPR seems quite clear that if you are recording calls, video and/or audio, you must get consent. However, what about just transcribing, and not recording?</p>
<ul>
<li>I can't seem to find any resources on this, so any advice on how to find more out would be great.</li>
</ul>
<p>Many thanks</p>
| 93,962 | [
{
"answer_id": 93968,
"body": "<blockquote>\n<p>GDPR seems quite clear that if you are recording calls, video and/or audio, you must get consent.</p>\n</blockquote>\n<p><strong>Wrong.</strong></p>\n<p>The GDPR requires that your have a legal basis for processing personal data. Consent is a legal basis but t... | [
"united-kingdom",
"gdpr",
"recording"
] |
Selling a house inside an estate | 1 | https://law.stackexchange.com/questions/93250/selling-a-house-inside-an-estate | CC BY-SA 4.0 | <p>The XYZ person dies and the will says that all the assets of XYZ goes into a trust. The estate of the XYZ person includes a house. Under what circumstances, if any, can the executor of the XYZ estate sell the house?</p>
| 93,250 | [
{
"answer_id": 93255,
"body": "<h2>In accordance with the terms of the trust deed</h2>\n<p>Those terms of the will that are related to the trust will become the trust deed in the absence of one included for the purpose.</p>\n<p>The trustee(s) can administer the trust on behalf of the beneficiaries in accord... | [
"united-states",
"new-jersey",
"trusts-and-estates"
] |
Can't find an attorney to represent us | -5 | https://law.stackexchange.com/questions/93972/cant-find-an-attorney-to-represent-us | CC BY-SA 4.0 | <p>I've literally called over 300 plus attorneys and know for fact my wife and I have multiple that will pay out huge, one being Walmart, the other being a municipality for the corruption and malicious prosecution,and the other being a s.o. that told me on camera it was a landlords right to tell me he would kill me and my wife the day before we had eviction court.</p>
| 93,972 | [
{
"answer_id": 93973,
"body": "<p>If 'literally 300' attorneys declined your case on the basis of a phone call, without looking into the details, I can see three options:</p>\n<ul>\n<li>You are unable to communicate the nature of your case clearly.<br />\nIn this posting, you mentioned complaints against a ... | [
"united-states"
] |
legality behind the copyright of adagio in g minor | 0 | https://law.stackexchange.com/questions/89284/legality-behind-the-copyright-of-adagio-in-g-minor | CC BY-SA 4.0 | <p>sources claim it is still under copyright yet Artists continue to simply borrow from it or copy the piece.</p>
<p>Does this mean that the fragment stolen by giazotto is copyright free?</p>
<p>is it safe to cover giazotto's work without getting sued for it?</p>
<p>I am composing a piece that uses this but I refuse to continue because that last thing I want is some guy in India try to sue me because they managed to buy the rights to adagio in g minor</p>
| 89,284 | [
{
"answer_id": 89298,
"body": "<blockquote>\n<p>Does this mean that the fragment stolen by giazotto is copyright free?</p>\n</blockquote>\n<p>No. If people are using the work, they may be paying a license fee for the privilege, or they may be violating the copyright. The behavior of others is not a good w... | [
"copyright",
"music"
] |
I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site | 24 | https://law.stackexchange.com/questions/71158/i-am-being-threatened-for-defamation-for-sharing-an-article-about-an-alleged-sca | CC BY-SA 4.0 | <p>There is an alleged scammer in my community. An article about him was published by our local news site.</p>
<p>As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is now threatening to sue me for defamation. He is well versed in legal matters and have taken people to court several times.</p>
<p>The article about him is definitely true, but obviously he can deny them all in court.</p>
<p>Should I be concerned?</p>
<hr />
<p>Thank you for all the answers. I am in Australia. To be precise, I said 'Please be aware of this alleged scammer' + link to the article. It was published by <a href="http://www.theaustralian.com.au" rel="noreferrer">www.theaustralian.com.au</a>, a top news outlet. I was careful to not indict. He has only threatened me.</p>
| 71,158 | [
{
"answer_id": 71164,
"body": "<h2>Repeating a defamatory statement is itself defamatory</h2>\n<p>This is known as the repetition rule and is illustrated in <a href=\"https://www.5rb.com/case/brown-v-bower-another/\" rel=\"noreferrer\">Brown v Bower & Another [2017] EWHC 2637 (QB)</a>. In essence, the ... | [
"civil-law",
"australia",
"defamation",
"litigation"
] |
Termination of a contract due to breach | 3 | https://law.stackexchange.com/questions/93966/termination-of-a-contract-due-to-breach | CC BY-SA 4.0 | <p>If I understand correctly, when a party to a contract breaches the terms in a material way (i.e., repudiation), the non-breaching party can, at its discretion, terminate it, cease performance under it and seek damages, if desired.</p>
<p>If the innocent party expressly acknowledges the breach and considers the contract terminated (but hasn’t, yet, sought damages), and the breaching party files a petition in pursuit of a contractual right which they forfeit by breaching the contract, would the outcome, likely, turn on whether or not the innocent party expressly communicated their decision to terminate the contract to the breaching party (or their failure to seek damages, assuming no “affirmation” had occurred)?</p>
<p>Would there, likely, be any bearing upon the outcome if that decision was communicated, and damages were sought, after their petition was filed?</p>
<p>Would a motion to dismiss or stay the action, for “failure to state a claim upon which relief can be granted” or a motion to dismiss or stay the action, along with motion for declaratory relief be appropriate, in lieu of filing a response/answer? Would the right to seek damages for the breach still be preserved if not sought concurrently?</p>
<p>Could filing an answer be considered an “affirmation” of the contract or create issues that would have, otherwise, been avoidable if any of the above listed action, or a different course of action was taken instead?</p>
| 93,966 | [
{
"answer_id": 93969,
"body": "<h2>Termination is a matter of fact</h2>\n<p>That is, it has either happened, or it hasn’t. Whether it has or hasn’t depends on a multitude of factors including the terms of the contract, the actions of the parties, and communication between them. These factors are so case spe... | [
"california"
] |
What is the story with declarations of incompatibility and the otherwise ostensible binding Ness of the human rights act? | -2 | https://law.stackexchange.com/questions/93961/what-is-the-story-with-declarations-of-incompatibility-and-the-otherwise-ostensi | CC BY-SA 4.0 | <p>My understanding was always the governments couldn’t actact contrarily to HRA rights.</p>
<p>On the other hand there is this regime of judicial so called “declarations of incompatibility” which are albeit apparently non-binding.</p>
<p>But suppose the rights violations act 2023 grants government minister X a power to undertake a certain procedure against people that clearly violates their rights. Like for example summarily and arbitrarily summon them for immediate maiming or castration.</p>
<p>The law grants a power to the government which is clearly in contradiction with individuals’ HRA rights, yet, it was passed into law by an act of Parliament.</p>
<p>Suppose that Minister Alex exercises this power against citizen Bob and selects him to report to the Wapping Docks at dawn tomorrow for unanaesthetised castration.</p>
<p>Usually it seems that Bob can apply for judicial review against such conduct of government officials, and it seems to me that usually in such cases the judicial result would be binding.</p>
<p>So where does the conversely non-binding regime of declarations of incompatibility figure into this mix?</p>
| 93,961 | [
{
"answer_id": 93967,
"body": "<h2>The UK has <a href=\"https://en.wikipedia.org/wiki/Parliamentary_sovereignty#Recent_developments\" rel=\"nofollow noreferrer\">parliamentary sovereignty</a>, not <a href=\"https://en.wikipedia.org/wiki/Separation_of_powers\" rel=\"nofollow noreferrer\">separation of powers... | [
"united-kingdom",
"human-rights",
"judicial-review",
"declaration-of-incompatibility"
] |
Can I sue the producer and/or the state TV for not acknowledging me? | -5 | https://law.stackexchange.com/questions/93960/can-i-sue-the-producer-and-or-the-state-tv-for-not-acknowledging-me | CC BY-SA 4.0 | <p>When I was a child I turned on the TV and decided to watch cartoons. I found out <em>Pat and Mat</em> has not been on the conductor for a while. So I called the call center of the state broadcast. I didn't know the name of the animation series at those times, except for an old name, <em>That's it</em>. So I told the operator: "Please broadcast "That's it". It is a beautiful cartoon with two foolish characters." Also I gave my name and last name to him.</p>
<p>The operator didn't understand which cartoon I'm talking about. So he replied to me: "I'm telling this to higher staff. They will show it for you to watch." Then he said bye and hung up the phone.</p>
<p>Some months later, I was watching the TV and the children's program presenter said: "There will be a new children's TV series called "That's it". It is now being produced and will come soon."</p>
<p>However, the first episode of the series got aired. But I didn't see my name nor in the opening neither the closing theme as the person who got the idea of making it.</p>
<p><strong>My question</strong>: Now that about 20 years have been passed can I sue the producer of the series an/or the state TV for not acknowledging me?</p>
| 93,960 | [
{
"answer_id": 93965,
"body": "<h2>No</h2>\n<p>Let’s assume the most generous interpretation: you came up with a fully fleshed-out idea for a television show - name, characters, plot, scene-setting - the lot. You told this idea over the phone to someone else who made this show incorporating every single par... | [
"acknowledgement"
] |
Does Volenti non fit injuria work? | -3 | https://law.stackexchange.com/questions/93959/does-volenti-non-fit-injuria-work | CC BY-SA 4.0 | <p>There is <a href="https://en.wikipedia.org/wiki/Volenti_non_fit_injuria" rel="nofollow noreferrer">Volenti non fit injuria</a>.</p>
<p>I'm confused whether if there is app where users can offend each other (what is illegal), but it requires user consent while registering that he accepts all things that can be done here to him (hate etc.), then can that app work legally? Could offending in such an application be legal and without consequences?</p>
| 93,959 | [
{
"answer_id": 93963,
"body": "<ul>\n<li>Some people seem to believe that just because something happens 'in the internet' it is somehow outside normal jurisdictions.<br />\n<strong>Wrong.</strong><br />\nIn may be harder to investigate and prosecute crimes in the internet, but the laws apply all the same. ... | [
"european-union"
] |
Superceding CC-BY-NC as CC-BY by terms of license agreement | 3 | https://law.stackexchange.com/questions/92466/superceding-cc-by-nc-as-cc-by-by-terms-of-license-agreement | CC BY-SA 4.0 | <p>I'm using a dataset of imagery that is provided by Open Aerial Map. Their license terms are:</p>
<blockquote>
<p>All imagery is publicly licensed and made available through the Humanitarian OpenStreetMap Team's Open Imagery Network (OIN) Node. All imagery contained in OIN is licensed CC-BY 4.0, with attribution as contributors of Open Imagery Network. All imagery is available to be traced in OpenStreetMap.</p>
</blockquote>
<blockquote>
<p>By submitting imagery to OpenAerialMap, you agree to place your imagery into the Open Imagery Network (OIN) through OpenAerialMap. The original copyright remains with the original source or holder of the imagery but you grant OAM to license the imagery as CC-BY 4.0, with attribution as contributors of Open Imagery Network. All imagery is available to be traced in OpenStreetMap.</p>
</blockquote>
<p>Each image, as provided to Open Aerial Map, also comes with its additional licensing metadata which varies between CC-BY, CC-BY-NC and CC-BY-SA.</p>
<p>Here's an example of such a conflict: <a href="https://api.openaerialmap.org/meta/5ce4b726acfb8e0006396f98" rel="nofollow noreferrer">https://api.openaerialmap.org/meta/5ce4b726acfb8e0006396f98</a> (top level metadata says CC-BY 4.0, while the image is CC-BY-NC).</p>
<pre><code>{
"meta": {
"provided_by": "OpenAerialMap",
"license": "CC-BY 4.0",
"website": "http://beta.openaerialmap.org",
"page": 1,
"limit": 100,
"found": 12614
},
"results": {
"_id": "5ce4b726acfb8e0006396f98",
"acquisition_end": "2019-05-15T16:00:00.000Z",
"acquisition_start": "2019-05-15T15:00:00.000Z",
"contact": "-",
"platform": "uav",
"provider": "-",
"properties": {
"license": "CC BY-NC 4.0",
"sensor": "RGB",
"crs": "EPSG:3100",
"dimensions": [
26451,
41263
],
...
</code></pre>
<ul>
<li>Are these licenses effectively converted to CC-BY 4.0 by the terms of submission?</li>
</ul>
<p><strong>Edit:</strong></p>
<p>I contacted OAM with no response.</p>
<p>See also the upload form, where this is explained to users:</p>
<p><a href="https://i.stack.imgur.com/NbO6Y.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/NbO6Y.png" alt="enter image description here" /></a></p>
| 92,466 | [
{
"answer_id": 92469,
"body": "<h2>No</h2>\n<p>CC is set up in a way, that you can not put any item acquired under one license under a more permissive license set in any way without breaching the license terms.</p>\n<p>A work that is CC-BY-NC can not become just CC-BY under the terms of the CC-BY-NC, as the... | [
"creative-commons"
] |
How many witnesses’ testimony constitutes or transcends reasonable doubt? | 5 | https://law.stackexchange.com/questions/93946/how-many-witnesses-testimony-constitutes-or-transcends-reasonable-doubt | CC BY-SA 4.0 | <p>Alice punches Bob. Or stabs him. Either way it was from behind and he did not see who did it before going unconscious, but the entire thing was witnessed by Charles. However there was no other evidence of Alice’s crime like video footage or the like.</p>
<p>Charles testifies as to what he witnessed. Is Charles’s word enough to convict Alice of a crime?</p>
<p>What if it was also witnessed by Diana and they both testify, what then?</p>
<p>———</p>
<p>Or, Generally speaking, if someone presents to police and then court saying with a consistent narrative of events “this person hit me at the place and this time,” and there is perhaps a bruise to back it then that is often enough to convict the accused?</p>
| 93,946 | [
{
"answer_id": 93955,
"body": "<h2>One might be enough, 10,000 might not be enough</h2>\n<p>In some cases, no eyewitnesses may be enough.</p>\n<p>The trier of fact (the jury if there is one, the judge if there isn’t) decides what weight to give to the evidence or any part of it (including the testimony of a... | [
"criminal-law",
"england-and-wales"
] |
What was the substantive issue in Halborg V Apple? | 1 | https://law.stackexchange.com/questions/93949/what-was-the-substantive-issue-in-halborg-v-apple | CC BY-SA 4.0 | <p>The case has become overshadowed by a procedural issue about solicitors’ agency which was prominently appealed with the result that I cannot find anything describing the original substantive dispute in search results.</p>
<p>Procedural appeal: <a href="https://www.lpc-law.co.uk/media/no2bbwlr/f4qz598c-halborg-v-apple-approved-judgment-3-5-22.pdf" rel="nofollow noreferrer">https://www.lpc-law.co.uk/media/no2bbwlr/f4qz598c-halborg-v-apple-approved-judgment-3-5-22.pdf</a></p>
| 93,949 | [
{
"answer_id": 93958,
"body": "<p>According to the linked judgment dated 3 May 2022, the underlying small claim was listed for 30 May that year. The issue is described in paragraph 3 as:</p>\n<blockquote>\n<p>The underlying claim is in relation to a mobile phone which Mr Halborg purchased from the Second De... | [
"england-and-wales",
"legal-research"
] |
How similar do trademarks have to be to be infringement? | 0 | https://law.stackexchange.com/questions/93935/how-similar-do-trademarks-have-to-be-to-be-infringement | CC BY-SA 4.0 | <p>I received a marketing email from Lenovo with the slogan "Different is better." This seems quite similar to Apple's "Think different," to the point that had I seen the slogan out of context, I would have thought it was Apple's; however, I'm sure Lenovo cleared it with their legal department.</p>
<p>How similar do two slogans have to be for trademark infringement?</p>
| 93,935 | [
{
"answer_id": 93954,
"body": "<h2>They have to be <a href=\"https://www.baxterip.com.au/trade-mark-infringement#:%7E:text=Under%20Section%20120%20of%20the,trade%20mark%20is%20registered%20for\" rel=\"nofollow noreferrer\">substantially identical or deceptively similar</a></h2>\n<p><a href=\"/questions/tagg... | [
"united-states",
"trademark",
"us-federal-government"
] |
Does 2 party consent apply if the data is anonymized? | 2 | https://law.stackexchange.com/questions/93925/does-2-party-consent-apply-if-the-data-is-anonymized | CC BY-SA 4.0 | <p>If I have a text conversation between myself and another party, both of whom reside in 2 party consent states in the US, if I remove all reasonably identifying information, do I still need consent from the other person to use the data? Does this change if I am using it to fine-tune an LLM for public use?</p>
| 93,925 | [
{
"answer_id": 93952,
"body": "<h2>Consent only applies to audio recordings</h2>\n<p>Written communication (and, usually soundless video recording) is not covered.</p>\n",
"score": 1
}
] | [
"united-states",
"data-protection",
"personal-information",
"artificial-intelligence",
"data-protection-act"
] |
Does this definition of harassment have any legal basis? | 3 | https://law.stackexchange.com/questions/93940/does-this-definition-of-harassment-have-any-legal-basis | CC BY-SA 4.0 | <p>Does the following definition of harassment have any legal basis?</p>
<p>The gym’s <a href="https://Do%20these%20definitions%20have%20any%20legal%20basis?" rel="nofollow noreferrer">dignity and inclusion policy</a> states:</p>
<blockquote>
<p>“Harassment is a form of unlawful discrimination. It is unwanted conduct related to a protected characteristic which includes sex, gender reassignment (or transgender status), race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief, marriage and civil partnership, pregnancy or maternity and age.
This unwanted conduct either has the purpose of, or is reasonably considered by the person on the receiving end to have the effect of violating their dignity or otherwise creating an intimidating, hostile, degrading, humiliating or offensive environment.”</p>
</blockquote>
<p>Is this definition consistent with the legal definition of harassment, and what is the basis in law?</p>
| 93,940 | [
{
"answer_id": 93942,
"body": "<p>Almost. Under <a href=\"https://www.legislation.gov.uk/ukpga/2010/15/section/26?timeline=false\" rel=\"nofollow noreferrer\">section 26</a> Equity Act 2010, the offence of harassment does not include discrimination based on "<em>marriage and civil partnership, pregnanc... | [
"england-and-wales",
"legal-terms",
"discrimination",
"definition",
"harassment"
] |
Does a person on probation have to legally identify themselves to police officers without reasonable articulable suspicion of a criminal offense | 3 | https://law.stackexchange.com/questions/93920/does-a-person-on-probation-have-to-legally-identify-themselves-to-police-officer | CC BY-SA 4.0 | <p>Is there a New Hampshire RSA regarding persons on probation having to by law identify themselves as being on probation and provide their name and identification to an officer, when stopped even if it’s only for civil infraction</p>
| 93,920 | [
{
"answer_id": 93934,
"body": "<p>New Hampshire has published restrictions for persons on probation: <a href=\"https://www.nh.gov/nhdoc/divisions/victim/pandp_offender.html\" rel=\"nofollow noreferrer\">https://www.nh.gov/nhdoc/divisions/victim/pandp_offender.html</a></p>\n<p>These restriction include agre... | [
"police",
"identification",
"new-hampshire"
] |
Is there a law that regulates charging an online account to which the owner has no access? | 0 | https://law.stackexchange.com/questions/93937/is-there-a-law-that-regulates-charging-an-online-account-to-which-the-owner-has | CC BY-SA 4.0 | <p>Is it legal for an online service to charge an account holder credit card for services that are contingent on the account holder being able to manage their account if the account holder's access has been restricted?</p>
| 93,937 | [
{
"answer_id": 93939,
"body": "<p>Depends on what terms of service the account holder signed up to.</p>\n<p>For instance, one could run a website at a cloud provider, configure it so that it <em>automatically</em> scales up when the traffic grows, and then mishandle the credentials so that one cannot shut i... | [
"united-states",
"internet",
"online",
"indiana",
"credit-card"
] |
What does Enurement mean in a contract? | 2 | https://law.stackexchange.com/questions/43211/what-does-enurement-mean-in-a-contract | CC BY-SA 4.0 | <p>Example:</p>
<blockquote>
<p>Enurement: This Agreement will enure to the benefit of and be binding
on the Parties and their respective heirs, executors, administrators
and permitted successors and assigns.</p>
</blockquote>
<p>I do not get what any of this means. Can someone give a simple example when this may come into play?</p>
| 43,211 | [
{
"answer_id": 43213,
"body": "<blockquote>\n <p>What does Enurement mean in a contract?</p>\n</blockquote>\n\n<p>Black's Law Dictionary defines <em>enure</em> as \"<em>To operate or take effect. To serve to the use, benefit, or advantage of a person</em>\".</p>\n\n<p>The clause in your contract means that... | [
"contract-law"
] |
Does attorney-client privilege apply when lawyers are fraudulent about credentials? | 20 | https://law.stackexchange.com/questions/93892/does-attorney-client-privilege-apply-when-lawyers-are-fraudulent-about-credentia | CC BY-SA 4.0 | <p>If a person goes to another person for legal advice and the person is deceitful in some way about being a lawyer, does attorney-client privilege still apply?</p>
<p>For instance, maybe the person does not quite know what a real diploma from Harvard Law School looks like, or that the piece of paper on the office wall saying the person passed the New York Bar Exam is not actual New York Bar correspondence.</p>
<p>I'm specifically wondering whether the person who is not a real lawyer can be compelled to give testimony on matters that his client thought were confidential, and would have been confidential if not for the deceit.</p>
| 93,892 | [
{
"answer_id": 93902,
"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>... | [
"attorney-client-privilege"
] |
Is it legal for a business to deny me access to their store on the basis of how I look? | -7 | https://law.stackexchange.com/questions/93923/is-it-legal-for-a-business-to-deny-me-access-to-their-store-on-the-basis-of-how | CC BY-SA 4.0 | <p>Is it legal for a business to use discriminatory (and notoriously false-positive) fingerprinting algorithms that prevent me from loading their website purely on the basis of <em>how I look</em> (as opposed to <em>how I act</em>)?</p>
<p>Some time ago I opened an account on a website. For <a href="https://tor.stackexchange.com/a/23778/31208">security reasons</a>, I used Tor Browser. I loaded money onto my account and purchased their services. I used their services several times without issue.</p>
<p>Recently I tried to log-into my account, but I got stuck in an <a href="https://superuser.com/questions/1795620/cloudflare-infinte-loop-checking-if-the-site-connection-is-secure/1796006#1796006">infinite loop on CloudFlare</a>, so I could never access their website. It should go without saying that I'm not doing anything malicious, but I'll say it: this is reproducible when launching a fresh version of TAILS, opening the browser, typing the naked domain into the address bar and pressing <code><enter></code>. I'm never allowed into the store.</p>
<p>So it appears to me that this website is denying me access to their business services, my account, and the funds on my account for one reason: because they don't like the way I look.</p>
<p>Is this legal for them to do to their customers? I'm also curious if the same thing would be legal in the IRL analog, for example:</p>
<ol>
<li><p>Would it be legal for a brick-and-mortar store to deny me from entering their shop purely on the basis of the way that I look?</p>
</li>
<li><p>Would it be legal for a bank (with whom I already have an open account in good-standing) to prevent me from accessing my safety deposit box because they don't like the way that I look?</p>
</li>
</ol>
<p>Or, perhaps for a closer analogy:</p>
<ol start="3">
<li><p>Would it be legal for a brick-and-mortar store to deny me from entering their shop because their SaaS CCTV facial recognition software (falsely) said that I "look" like a shoplifter?</p>
</li>
<li><p>Would it be legal for a bank (with whom I already have an open account in good-standing) to prevent me from accessing my safety deposit box because I'm wearing the same T-Shirt from JC Penny that someone else wore who robbed their bank yesterday (and they do not permit me to attempt to prove my identity)?</p>
</li>
</ol>
<p>I'm primarily interested in US and EU law, but I would be interested in any countries with strong consumer and data protection laws that would provide consumer protection from discrimination on the basis of "looks" on the Internet.</p>
| 93,923 | [
{
"answer_id": 93928,
"body": "<h2>You are mistaken: they deny you on your act</h2>\n<p>When you use Tor, your browser is not sending a lot of information. That makes Tor browsers hilariously easy to detect: nobody knows where the real browser is, but it is hilariously easy to block all Tor users for using ... | [
"internet",
"data-protection",
"artificial-intelligence"
] |
Can Disney claim Florida has passed and is pursuing Bills of Attainder? | 5 | https://law.stackexchange.com/questions/91662/can-disney-claim-florida-has-passed-and-is-pursuing-bills-of-attainder | CC BY-SA 4.0 | <p>The State of Florida seems to be in a protracted battle with Disney. The state has legislated in the direction of Disney, and continues to do so
(<a href="https://www.wfla.com/news/florida/desantis-speaking-at-reedy-creek-administration-building/" rel="noreferrer">https://www.wfla.com/news/florida/desantis-speaking-at-reedy-creek-administration-building/</a>).</p>
<p>Despite the fact that there might be real arguments that such legislation is for the well-being of the state, the dialog surrounding Reedy Creek issues, including statements coming out of the State, seems to provide a solid argument that the motivation for such legislation is to punish Disney for voicing objection to recent policy decisions in the State.</p>
<p>Assuming that as a given, for the moment (though that's, at the least, arguable), doesn't that provide Disney with the argument that these are Bills of Attainder?</p>
| 91,662 | [
{
"answer_id": 91673,
"body": "<p>Legislatures are free to declare illegal whatever they want (within Constitutional limitations, obviously). A bill of attainder declares a defendant guilty without trial. Targeting a company with laws isn't particularly noteworthy, this is done all the time, usually to th... | [
"united-states",
"attainder"
] |
Roommate accusing me of theft in Germany | 0 | https://law.stackexchange.com/questions/93910/roommate-accusing-me-of-theft-in-germany | CC BY-SA 4.0 | <p>my stuff kept going missing and when I asked my roommate they denied but later I looked through their bags and found out it that they were stealing my stuff and hiding it in their bag. I took a picture of my stuff that I found in the bags. then I packed my things and left cause I was scared from them. when they called me I confronted them and they denied and accused me of putting my stuff in their bag to falsely accuse them of stealing from me, but now I am suspecting that they are gonna call the police accusing me of stealing their stuff can they do that? and what will the police do? how does the police system in Germany works in such situations?</p>
| 93,910 | [
{
"answer_id": 93912,
"body": "<p><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></p>\n<ul>\n<li>Anybody <em>can</em> ca... | [
"police",
"germany",
"evidence",
"theft"
] |
Is it possible to refuse an offered license? | 1 | https://law.stackexchange.com/questions/93878/is-it-possible-to-refuse-an-offered-license | CC BY-SA 4.0 | <p>Sometimes, things that are made of legal fiction are held to operate as normal even when someone attempts to disobey them.</p>
<p>For example, I can browse a web site and agree to its terms, or I can not browse the web site, but it seems <a href="https://law.stackexchange.com/a/92317/18089">I can't browse the web site but not form the TOS contract, even if I am willing to accept the consequences of not having permission.</a></p>
<p>Does this same principle apply to copyright law? If a license is attached to something saying that anyone may copy it provided that they pay a fee much larger than the damages for copyright infringement, and I copy it, can the licensor declare that I agreed to the license and therefore owe the fee? Or can I say I rejected the license and am only responsible for the damages?</p>
<p>Or similarly, can source code that is distributed to you and contains GPL code be considered to have automatically been licensed to you under the GPL? Or is it possible to receive code that <em>should have been</em> but still <em>is not actually</em> licensed to you under the GPL, because the distributor rejected the GPL and chose to commit copyright infringement instead?</p>
| 93,878 | [
{
"answer_id": 93880,
"body": "<p>Whether a contract relates to copyright vs traditional property rights is a red herring.</p>\n<p>As explained in two existing Q&As (very similar to your question, these were about whether one can chose to trespass instead of accepting a parking-lot contract, or an entra... | [
"united-states",
"copyright",
"licensing"
] |
Is a thumbs-up emoji considered as legally binding agreement in the United States? | 19 | https://law.stackexchange.com/questions/93897/is-a-thumbs-up-emoji-considered-as-legally-binding-agreement-in-the-united-state | CC BY-SA 4.0 | <p>I <a href="https://economictimes.indiatimes.com//news/international/us/thumbs-up-emoji-to-be-considered-as-legally-binding-agreement-all-you-need-to-know/articleshow/101617715.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst" rel="noreferrer">read</a> that a thumbs-up emoji considered as legally binding agreement in Canada. Is a thumbs-up emoji considered as legally binding agreement in the United States?</p>
<p>If state-specific, I am mostly interested in California and Washington state.</p>
| 93,897 | [
{
"answer_id": 93898,
"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><sup>1</sup></p>\n<p>The judgment you have r... | [
"united-states",
"contract-law",
"california",
"washington"
] |
What should I know and consider before deciding whether or not to go to law school? | 4 | https://law.stackexchange.com/questions/27693/what-should-i-know-and-consider-before-deciding-whether-or-not-to-go-to-law-scho | CC BY-SA 4.0 | <p>I'm thinking about enrolling in law school, but I haven't taken the LSAT yet or done any serious research regarding schools, career tracks, etc.</p>
<p>My question is: what are some resources I should be looking into?</p>
<p>It's worth noting I'm 29 years old and not currently enrolled in college, though I do have a bachelor's and master's.</p>
| 27,693 | [
{
"answer_id": 27694,
"body": "<p>The first thing you need to know is that if you go to law school, you will hate your life for at least those three years. Law school is not like other graduate school programs. If you do reasonably well, it will almost certainly consume your life. Law school students (and l... | [
"legal-education"
] |
What is the law on scanning pages from a copyright book for a friend? | 11 | https://law.stackexchange.com/questions/93860/what-is-the-law-on-scanning-pages-from-a-copyright-book-for-a-friend | CC BY-SA 4.0 | <p>What is the law on scanning pages from a copyright book for a friend? Not the whole book, but a section or whatever the friend needs. What about if the book is out of print?</p>
<p>If it is illegal, then what's the difference between this and lending the friend the book? If the person lends the book and the friend does his own personal scanning with it, is that a different scenario, and if so what is the legality of it?</p>
<p>I live in the UK, but knowing the international side of this is probably important too. Could a person in the UK scan pages for a friend in another country, for example? Can we generalise?</p>
<p>If it's black and white, what about in practice? Would a friend copying for a friend as a one off for no malicious intents or purposes be something many publishers would allow? Is it common for single authors to allow this? Or is this never allowed and either gets generally overlooked, gets prosecuted regularly?</p>
<p>I am asking this because I am studying the ethics of this concurrently, and knowing what the law is is an important side of that.</p>
| 93,860 | [
{
"answer_id": 93864,
"body": "<p>It should not surprise you that copyright protects the right to (among other things) make copies. There are limited exceptions that are considered "fair use", like if you reproduce a limited amount of text for educational, reporting, or review purposes. Giving you... | [
"copyright"
] |
May putting others at peril worsen the sentence? | 12 | https://law.stackexchange.com/questions/93852/may-putting-others-at-peril-worsen-the-sentence | CC BY-SA 4.0 | <p>Bob the Burglar specializes in fencing of stolen safety equipment (fire extinguishers, AEDs, etc.).</p>
<p>One night, he breaks into a factory and steals the fire extinguishers and a fire hose. The theft is not immediately discovered. The next day, during ordinary work hours, a small fire breaks out that could normally have been put out easily, but because there's nothing to do so, the factory burns to the ground and several workers die.</p>
<p>Could Bob get a charge (or even conviction) for manslaughter? Clearly he didn't intend to really harm anybody.</p>
<p>What if nothing more had happened? Could he be convicted for attempted manslaughter just because he put the workers in peril with his theft?</p>
| 93,852 | [
{
"answer_id": 93855,
"body": "<p><a href=\"/questions/tagged/us\" class=\"post-tag\" title=\"show questions tagged 'us'\" aria-label=\"show questions tagged 'us'\" rel=\"tag\" aria-labelledby=\"tag-us-tooltip-container\">us</a><a href=\"/questions/tagged/uk\" class=\"post-tag\" title=\"show... | [
"negligence",
"security",
"manslaughter"
] |
In which states can an out of state company be sued in small claims court? | 4 | https://law.stackexchange.com/questions/93641/in-which-states-can-an-out-of-state-company-be-sued-in-small-claims-court | CC BY-SA 4.0 | <p>In the U.S., where can a company be sued in small claims court for a breach of contract and fraudulent billing, when the plaintiff resides in one U.S. state, the company's headquarters and place of organization is in another U.S. state, and the conduct giving rise to the claim took place in a third U.S. state?</p>
<p>The amount in controversy is less than $75,000 and the claims do not arise under federal law, so the federal courts do not have jurisdiction over the case.</p>
| 93,641 | [
{
"answer_id": 93894,
"body": "<p><a href=\"/questions/tagged/united-states\" class=\"post-tag\" title=\"show questions tagged 'united-states'\" aria-label=\"show questions tagged 'united-states'\" rel=\"tag\" aria-labelledby=\"tag-united-states-tooltip-container\">united-states</a></p>\n<h3... | [
"united-states",
"jurisdiction",
"small-claims-court"
] |
Does accepting a pardon have any bearing on trying that person for the same crime in a sovereign jurisdiction? | 16 | https://law.stackexchange.com/questions/39147/does-accepting-a-pardon-have-any-bearing-on-trying-that-person-for-the-same-crim | CC BY-SA 4.0 | <p>In the United States, accepting a pardon is an admission to the crime. In <a href="https://en.wikipedia.org/wiki/Burdick_v._United_States" rel="noreferrer"><em>Burdick_v._United_States</em></a>, the majority opinion stated that a pardon "carries an imputation of guilt; acceptance a confession of it." </p>
<p>The United States has <a href="https://en.wikipedia.org/wiki/Double_Jeopardy_Clause#Dual_sovereignty_doctrine" rel="noreferrer">dual sovereignty</a>. Each state and the federal government makes and prosecutes its own laws. A federal pardon does not grant immunity to state laws, and vice versa. A person pardoned in one jurisdiction can still be prosecuted for the same crime (e.g. tax evasion) in another jurisdiction.</p>
<p>Could the acceptance of the pardon then have any bearing on the case in the other jurisdiction? Can the admission of guilt be used in the new case? Can it be used as "reasonable cause" for various actions? Does the defendant <a href="https://law.stackexchange.com/q/22207/25263">lose their right to refuse to testify</a> in the new case?</p>
| 39,147 | [
{
"answer_id": 39151,
"body": "<blockquote>\n<p>Could the acceptance of the pardon then have any bearing on the case\nin the other jurisdiction?</p>\n</blockquote>\n<p>Possibly, but not much. There is very, very little case law on this point since: (1) pardons are rare (especially federal ones), (2) people ... | [
"united-states",
"pardon",
"multiple-jurisdiction"
] |
Can a private party shoot down an aircraft in self defense or in defense of others? | 2 | https://law.stackexchange.com/questions/93805/can-a-private-party-shoot-down-an-aircraft-in-self-defense-or-in-defense-of-othe | CC BY-SA 4.0 | <p>If someone who is not associated with the police or military is certain that an aircraft is being used as a weapon for a violent crime (maybe someone is flying a small plane directly toward an occupied house), and that person legally possesses a weapon that is capable of shooting down the aircraft, is it legal to do so?</p>
<p>ETA: The pilot/attacker is the only person in the plane.</p>
| 93,805 | [
{
"answer_id": 93809,
"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 defences of "self-defence&... | [
"self-defense",
"any-jurisdiction",
"defense-of-others"
] |
Legality of DUI blood tests | 2 | https://law.stackexchange.com/questions/93837/legality-of-dui-blood-tests | CC BY-SA 4.0 | <p>I was reading a bit about this subject and was wondering about the specific status of the medical professionals involved.</p>
<p>If I am pulled over for a DUI and the cops take me back to the police station and subject me to a blood test, presumably a trained medical professional such as a nurse or a phlebotomist does the needle stick and draws the blood.</p>
<p>I wonder though what are the legal and ethical considerations for that medical professional? A medical professional's job is to provide care and support for their patients -- "first do no harm". But plainly their actions in this case can at best do nothing and at worst get them in a lot of legal trouble, or perhaps at worst damage the blood vessel or give them an infection -- though obviously that is VERY rare.</p>
<p>Given that you are innocent until proven guilty the only purpose of the test is to prove you guilty, and so the person administering the test is doing so with the intent of doing you harm.</p>
<p><strong>Are medical personnel required to draw blood in support of police investigations even when the patient/suspect is unable to provide consent?</strong></p>
| 93,837 | [
{
"answer_id": 93859,
"body": "<p>We can look at Missouri law as an example. <a href=\"https://revisor.mo.gov/main/OneSection.aspx?section=577.029\" rel=\"nofollow noreferrer\">Missouri Statutes §577.029</a> says</p>\n<blockquote>\n<p>A licensed physician, registered nurse, phlebotomist, or trained\nmedical... | [
"medical",
"driving"
] |
Can a landlord add fees not included in lease | 1 | https://law.stackexchange.com/questions/93886/can-a-landlord-add-fees-not-included-in-lease | CC BY-SA 4.0 | <p>In October of last year, I toured an apartment complex in Oklahoma with my daughter and her friends because they wanted to live off-campus the next school year. I went with them b/c they wanted a parent who knew which questions to ask, and this would be the first time any of them would be in an apartment on their own. During the tour, I asked if the furniture would be provided to the residents, or if they’d be responsible for it themselves. The manager told us that the apartments came fully furnished, and that furniture was included in rent, along with cable, water, trash, sewer, gas, and internet. The only utility the girls would be responsible for is electric.
The girls signed their leases a week later, which stated what each of their monthly rent would be, the term of the lease, which utilities were included and which one the girls were responsible for, that the girls would need $100,000 of liability insurance, which cost $14/month, and additional pet fees.
Fast forward to last week, when my daughter received an email from the apartment complex, stating that on August 1st, she’d have to pay first months rent, the insurance, and $34 furniture rental! I contacted the apartment manager, and questioned this, told them what was said during the tour, and mentioned it wasn’t in the lease. The manager said “The current staff wasn’t here last fall, but it sounds like you were misinformed. Furniture is not included in rent.” When I asked why it’s not listed as a fee on the lease, he said he didn’t know, but this is how it’s always been done.
Does this sound right?</p>
| 93,886 | [
{
"answer_id": 93888,
"body": "<p>You say that "furniture included" was mentioned during the tour, but the verbal representations made during a tour are probably not binding. If there is contemporary record of the representations made on the tour (perhaps an audio recording, a note made the the sa... | [
"landlord",
"fees"
] |
Who decides the regulatory designation of various flags? | 0 | https://law.stackexchange.com/questions/93877/who-decides-the-regulatory-designation-of-various-flags | CC BY-SA 4.0 | <p>From a recent answer:</p>
<p>Subject to compliance with the standard conditions, there are 3 categories of flag:</p>
<p>(a) flags which can be flown without consent of the local planning authority</p>
<p>(b) flags which do not need consent provided they comply with further restrictions (referred to as “deemed consent” in the Regulations)</p>
<p>(c) flags which require consent (“express consent”)</p>
<p>...</p>
<p>(b) Flags which do not require consent provided they comply with certain restrictions [include for example] ... the Rainbow flag (6 horizontal equal stripes of red, orange, yellow, green, blue and violet).</p>
<p>...</p>
<p>The regulations governing the flying of flags in England are set out in the Town and Country Planning (Control of Advertisements) Regulations 2007 (as amended in 2012 and in 2021).</p>
<p>These regulations, including relevant amendments to flying of flags, can be viewed on the government legislation website:</p>
<p>Town and Country Planning (Control of Advertisements) (England) Regulations 2007
The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012
The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 ...</p>
<p>User Michael Hall points out this begs the question of who (and I would add how and on what considerations) will decide which flags fall into which category.</p>
| 93,877 | [
{
"answer_id": 93885,
"body": "<p>In summary,</p>\n<ul>\n<li>At the time of writing, Michael Gove has overall ministerial responsibility for making planning regulations, with a good part of the role delegated to Rachel Maclean as Minister of State for Housing.</li>\n<li>The detail of regulatory verbiage is ... | [
"england-and-wales",
"flag"
] |
Legality of Using Unofficial API | 11 | https://law.stackexchange.com/questions/93831/legality-of-using-unofficial-api | CC BY-SA 4.0 | <p>I have discovered a mobile app's backend API through reverse engineering. The public can access this API and it does not require specific authorization, however, it is not documented and it is not an official API that the public is meant to access. It was made solely for the purpose of that app. The app does not have a ToS.</p>
<p>Is it legal for me to use this API to get data for my own purposes?</p>
<p>By "my own purposes" I mean collecting data from the API, storing it on a database, and displaying it to users on my own website which was not built to make a profit.</p>
| 93,831 | [
{
"answer_id": 93834,
"body": "<p>If the app (and the service accessed from the app) truly doesn't have any EULA, ToS, or license agreement, to include restrictions on reverse engineering, you can probably create an alternate front end, so long as you aren't using their logos, etc.</p>\n<p>However, their da... | [
"copyright",
"data"
] |
False discrimination | 4 | https://law.stackexchange.com/questions/11708/false-discrimination | CC BY-SA 4.0 | <p>Most countries have some law that makes it illegal to discriminate against someone because they are a member of some protected class. But what happens if A believes wrongly that B belongs to some protected class and discriminates against B?</p>
<p>For example: Say in the USA the new owner of a company fires all male gay employees. He also fires Bob, who he thinks is gay, but who actually isn't. Would Bob be protected by anti-discrimination laws?</p>
| 11,708 | [
{
"answer_id": 11710,
"body": "<p><a href=\"http://www.ecfr.gov/cgi-bin/text-idx?SID=166ebd06a2eab96e32075c79fe96e986&mc=true&tpl=/ecfrbrowse/Title29/29cfrv4_02.tpl#1600\" rel=\"nofollow\">29 CFR</a> 1601.34 states \"These rules and regulations shall be liberally construed to effectuate the purpose ... | [
"discrimination"
] |
What is the consequence of failing to allow the water company to install a meter? | 3 | https://law.stackexchange.com/questions/93876/what-is-the-consequence-of-failing-to-allow-the-water-company-to-install-a-meter | CC BY-SA 4.0 | <p>Under the water industry act 1991 water providers must have a plan to manage the demand for water in certain areas. If they choose to install compulsory water meters but aren’t allowed to because a resident fails to contact them, what is the consequence for the resident?</p>
| 93,876 | [
{
"answer_id": 93879,
"body": "<p>If the residence falls within one of the categories for which a water company can insist on a water meter, then the resident cannot refuse. See House of Commons, "<a href=\"https://commonslibrary.parliament.uk/research-briefings/cbp-7342/\" rel=\"noreferrer\">Water met... | [
"england-and-wales",
"water"
] |
Are amateur radio transmissions in the public domain? | 3 | https://law.stackexchange.com/questions/93870/are-amateur-radio-transmissions-in-the-public-domain | CC BY-SA 4.0 | <p>I've heard from many non-authoritative sources that all US amateur radio transmissions (except copyright-infringing ones, of course) are automatically released into the public domain, but I have never seen a citation either to copyright law or to FCC rules, and Part 97 does not contain the words "domain" or "copyright." Is it true that transmitting something over amateur radio in the United States constitutes a release of the material into the public domain?</p>
<p>I'm asking here rather than on Amateur Radio SE because this question is about copyright law, not just Part 97.</p>
| 93,870 | [
{
"answer_id": 93873,
"body": "<h2>No* 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<... | [
"united-states",
"copyright",
"amateur-radio"
] |
Is a foreign indepedent contractor allowed to receive payment into a US bank account? | 2 | https://law.stackexchange.com/questions/44586/is-a-foreign-indepedent-contractor-allowed-to-receive-payment-into-a-us-bank-acc | CC BY-SA 4.0 | <p>Suppose that I do work for a US company as an independent contractor, and I'm neither in the US, a US citizen or a US resident. As such, I would fill in a <a href="https://www.irs.gov/forms-pubs/about-form-w-8-ben" rel="nofollow noreferrer">W-8BEN form</a> for tax purposes. Would I then be allowed to receive payment for my services into a US bank account in my name?</p>
<p>Such a bank account could for instance be the <a href="https://transferwise.com/help/17/borderless-account/2827506/how-do-i-use-my-usd-bank-details" rel="nofollow noreferrer">one offered by TransferWise</a>, which is easy to open for someone living, say, in the UK. I'm not asking whether it is technically possible, but whether it would be legal under US tax law.</p>
<p>Online search suggests this is an option, however I'm aware of a specific business (whose name I won't disclose) which claims to be unable to pay foreign independent contractors in a US bank account.</p>
| 44,586 | [
{
"answer_id": 44596,
"body": "<p>Yes, it is legal under US tax law. US tax law is concerned with collecting tax. The questions that tax law asks are</p>\n\n<ol>\n<li>Must the income be declared to the IRS?</li>\n<li>Is the income taxable?</li>\n<li>How much tax is due?</li>\n</ol>\n\n<p>Whether US tax la... | [
"united-states",
"federal-tax-law"
] |
Does the First Amendment apply to amateur radio? | 1 | https://law.stackexchange.com/questions/90880/does-the-first-amendment-apply-to-amateur-radio | CC BY-SA 4.0 | <p>Is speech over amateur radio constitutionally protected?</p>
<p>Could I theoretically sue the FCC for the right to broadcast music on 20 meters, and have a chance of winning on free speech grounds?</p>
<p>If the FCC made a rule, at the direction of Congress, prohibiting political speech over amateur radio, would that be enforceable? What if the rule allowed promotion of party X but not party Y?</p>
| 90,880 | [
{
"answer_id": 93872,
"body": "<blockquote>\n<p>Is speech over amateur radio constitutionally protected?</p>\n</blockquote>\n<p>Of course.</p>\n<blockquote>\n<p>Could I theoretically sue the FCC for the right to broadcast music on 20 meters, and have a chance of winning on free speech grounds?</p>\n</blockq... | [
"us-constitution",
"freedom-of-speech",
"first-amendment",
"communications-law",
"amateur-radio"
] |
How (and how effectively) is complete corporate self-ownership prevented? | 5 | https://law.stackexchange.com/questions/93657/how-and-how-effectively-is-complete-corporate-self-ownership-prevented | CC BY-SA 4.0 | <p>Corporations are not supposed to be able to have no ultimate beneficial owners. If A Inc. holds 100% of B Group, B Group is not supposed to be able to own 100% of A Inc.</p>
<p>How effectively are these dead-end loops in corporate ownership prevented, especially when the involved entities are in different jurisdictions that might not communicate? If such a loop is discovered to have occurred, how is it usually unwound, and by whom? Who ends up with the assets?</p>
<p>This isn't about whether or not the arrangement is allowed, it is about what is done about it if it manages to arise or how it is prevented from arising.</p>
| 93,657 | [
{
"answer_id": 93671,
"body": "<p>Usually, the only reason to set up an "ownerless" corporation is to set up a non-profit. Non-profit corporations can have self-perpetuating boards and are very similar to charitable trusts. If it ends up without any board members and has a self-perpetuating board,... | [
"international",
"corporate-law",
"ownership"
] |
Is the usage of an OCR service causing copyright issues when a photo of a book page is analyzed? | 3 | https://law.stackexchange.com/questions/93851/is-the-usage-of-an-ocr-service-causing-copyright-issues-when-a-photo-of-a-book-p | CC BY-SA 4.0 | <p><em>Here's the scenario</em></p>
<ol>
<li>A user takes a photo using an app from a book, which might have be <strong>copyrighted</strong>.</li>
<li>The app then uploads the photo to a cloud service in order to analyze it using <strong>OCR</strong></li>
<li>The app receives the OCR result and extracts 100 (most used) words from it in order to process the result within the app</li>
</ol>
<p>According to the cloud provider the data gets deleted on call of the app or within 24 hours. The data is only accessible by the app once. Neither is more than an excerpt extracted nor is the photo accessible once it has been send to that server. Also there is no way the result contains a whole sentence of the page (only single words).</p>
<p><em>My major questions in my head for that case would be:</em></p>
<p><strong>Does making a photo of copyrighted material equals to making an illegal copy?</strong></p>
<p><strong>Does sending that photo to a server to process count as distribution?</strong></p>
| 93,851 | [
{
"answer_id": 93856,
"body": "<p>If there is a copyright violation then it is by the user; the service would presumably work the same, and be as useful, for text where the user owns the copyright or has a license to do this. As long as the service doesn't actively encourage copyright violation then it is i... | [
"copyright",
"gdpr",
"software",
"artificial-intelligence"
] |
Are attorneys legally or ethically bound to share evidence in civil cases before complaints are filed? | 1 | https://law.stackexchange.com/questions/93840/are-attorneys-legally-or-ethically-bound-to-share-evidence-in-civil-cases-before | CC BY-SA 4.0 | <p>Are attorneys legally or ethically bound to share evidence or discovery materials in civil matters before actual complaints are filed?</p>
<p>Let's say Person A (a non-public figure) suspects Person B (a non-public figure) of a civil tort, such as defamation.</p>
<p>Person A gets Lawyer A to send a cease and desist letter to Person B. Person B shows the letter to their Lawyer (B). Lawyer B asks Person B if they have indeed defamed Person A. Person B says they have and outlines the incidents. Lawyer B determines there is enough evidence that the defamation did damage the reputation of Person A and more than likely resulted in monetarily loses in business for Person A.</p>
<p>Is Lawyer B obligated in any legal or ethical sense to inform Lawyer A of what Person B said before a complaint is filed? Or only after a complaint is filed? And only when discovery takes place? Or would Lawyer B inform Lawyer A out of common and/or professional courtesy?</p>
| 93,840 | [
{
"answer_id": 93847,
"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-states",
"civil-law",
"tort",
"attorney-client-privilege"
] |
Why do Pride flags fly over British police stations, prisons and other government buildings? | -2 | https://law.stackexchange.com/questions/93846/why-do-pride-flags-fly-over-british-police-stations-prisons-and-other-governmen | CC BY-SA 4.0 | <p>Insofar as this question may have a legal answer, by what provisions or instruments are they flown or allowed to be flown? Who would have the power to decide what flags are flown over such institutions? For example, the Daniel Quasar “progress pride” flag flies over HMP Pentonville. What provisions might govern such a practise?</p>
| 93,846 | [
{
"answer_id": 93848,
"body": "<p>Google england law flying flags</p>\n<p>First result <a href=\"https://www.gov.uk/government/publications/flying-flags-a-plain-english-guide/flying-flags-a-plain-english-guide\" rel=\"noreferrer\">Flying flags: a plain English guide - GOV.UK</a></p>\n<blockquote>\n<p>... So... | [
"united-kingdom",
"england-and-wales",
"police",
"prison",
"flag"
] |
Is religious confession legally privileged? | 23 | https://law.stackexchange.com/questions/93765/is-religious-confession-legally-privileged | CC BY-SA 4.0 | <p>I'm referring to Catholic confession to a priest. I'm sure, like attorney-client privilege, that if you disclose a future crime you are planning to commit then they can and will tell the police. I'm wondering, is the secrecy of confession an actual legal privilege? If you confessed to a previous murder, would they legally be able to report it? Is the secrecy of confession just a rule within the religion to encourage people to confess their most often non criminal sins?</p>
| 93,765 | [
{
"answer_id": 93774,
"body": "<p><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></p>\n<p><a href=\"https://www.gesetze-... | [
"united-kingdom",
"criminal-law",
"religion",
"secret"
] |
Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven? | 16 | https://law.stackexchange.com/questions/22046/can-someone-get-protection-under-double-jeopardy-for-a-crime-by-arranging-to-be | CC BY-SA 3.0 | <p>Lets say I just killed Bob (I'm doing a lot of that today). The police suspect me but currently have little evidence that I killed Bob. However, I haven't hidden the murder weapon and body well and can't move them now, so it's just a matter of time before someone finds them and provides the police with enough evidence to convict me.</p>
<p>To avoid jail time when the body is found, I try to protect myself with a claim of double jeopardy. I have two friends claim to have witnessed my killing Bob and I leave a suspicious weapon that looks like it could be the murder weapon somewhere the police will find it. With all this evidence, the police decide to press charges and have me arrested.</p>
<p>Only after my trial starts do I reveal my pre-planned proof that the evidence is false. My friends fly back to their home in some country without an extradition treaty before calling the judge and telling them that they made up the story about seeing me kill Bob. I present proof that the suspected murder weapon was purchased after Bob disappeared and a better explanation for why it looked so suspicious, etc.</p>
<p>With my being able to disprove all the central pieces of evidence, the jury finds me not guilty of Bob's murder. Not long afterwards, Bob's body, and the actual murder weapon, are found. This new evidence is damning and with it, they likely could convict me, but I claim double jeopardy when they try to charge me.</p>
<p>Of key importance, I argue that the last trial was for the same murder. My friends were claiming to witness me murder Bob at the very time and place that the actual murder took place (maybe they even did watch the murder). The police had already suspected me of murdering Bob at this time as well, and had presented some, less effective, evidence at the first trial that they possessed due to the fact that I had actually murdered Bob. </p>
<p>Can I get away with murder?</p>
<p>Does the answer change if the police can prove I planted the original fake evidence which I used to inspire the first murder trial?</p>
| 22,046 | [
{
"answer_id": 22049,
"body": "<p>The double jeopardy clause would prevent you from being retried by the government that tried you for murder (probably a U.S. state). </p>\n\n<p>But, you could be tried for fraud and obstruction of justice at the state level, and you could be tried for murder if an appropria... | [
"united-states",
"criminal-law",
"double-jeopardy"
] |
Using Sentry in an app targeting children below 13 years | 0 | https://law.stackexchange.com/questions/93828/using-sentry-in-an-app-targeting-children-below-13-years | CC BY-SA 4.0 | <p>We have created a children game using Unity and therein we use SentrySDK for automatic bug reporting.
Since our app is targeting children under 13 years, we need to comply with</p>
<ul>
<li>COPPA</li>
<li>GDPR</li>
<li>Google's Familiy Policy</li>
</ul>
<p>We use sentry like this. If an error occurs in the app, the app sends a message with the stacktrace and an anonymous user id to the Sentry Cloud.</p>
<p>Is this legal or do I need user consent for this?
And if so, does it have to be "opt-in" or "opt-out"?</p>
| 93,828 | [
{
"answer_id": 93829,
"body": "<h2>Are you collecting personal information?</h2>\n<p>A user id, assuming that it is the same per user across time, is personally identifiable information for both COPPA and GDPR, and would need to meet Google’s requirements as well.</p>\n<p>This is true even if there is no ob... | [
"gdpr",
"google",
"coppa"
] |
What happens if a witness that has been subpoenaed refuses to speak to the opposing party's lawyers? | 1 | https://law.stackexchange.com/questions/93838/what-happens-if-a-witness-that-has-been-subpoenaed-refuses-to-speak-to-the-oppos | CC BY-SA 4.0 | <p>I'm not a lawyer, and this is a hypothetical situation that I thought about while watching a trial.</p>
<p>If a prosecutor issues a subpoena for someone to testify at a trial, it's my understanding that the prosecutor needs to tell the defense about it by providing them the list of possible witnesses.</p>
<p>If so, the defense generally has the ability to speak to each of the witnesses, correct? What if a witness refuses to speak to the defense lawyers? For example, if they witnessed a crime and dislike the defendant because of it, so they don't want to speak to his lawyers. Or, what if a defendant is (stupidly) representing himself and the witness doesn't want to speak to the defendant?</p>
<p>I believe the subpoena requires the witness to testify <strong>at trial</strong>, but does it also require them to speak to the lawyers if the lawyers reach out to them to get their story prior to the trial? Or maybe is the prosecution required to provide the defense team the information that the witness will testify to in the trial anyway, so this is irrelevant? Can this come up in pre-trial hearings, and can a judge require information to be shared prior to trial if deemed appropriate?</p>
<p>I'm also assuming that the information has to be shared in some way, but maybe that's incorrect as well.</p>
| 93,838 | [
{
"answer_id": 93839,
"body": "<blockquote>\n<p>the defense generally has the ability to speak to each of the witnesses, correct?</p>\n</blockquote>\n<p>No.</p>\n<p>The defense is only entitled to see what evidence the witnesses have provided so far, and what they are intending to give at the trial. The pro... | [
"united-states",
"discovery"
] |
employee contract methods for working in multiple countries | 2 | https://law.stackexchange.com/questions/81080/employee-contract-methods-for-working-in-multiple-countries | CC BY-SA 4.0 | <p>What are legal methods of writing an employee contract so that an employee of one company can work in multiple coutries? Eg one week in country A, one week in country B, one week in country C, etc.</p>
| 81,080 | [
{
"answer_id": 81094,
"body": "<p>Nothing special other than saying it is required in the contract. For example, such contracts are typical for airplane pilots and flight attendants.</p>\n<p>The hard questions are not what a contract has to say to do it.</p>\n<p>The hard questions, instead, are whether what... | [
"employment",
"international"
] |
Am I liable for a school zone speeding ticket in New York State when blinking lights don't have a notice sign? | -2 | https://law.stackexchange.com/questions/58767/am-i-liable-for-a-school-zone-speeding-ticket-in-new-york-state-when-blinking-li | CC BY-SA 4.0 | <p>Long story short, I have received six citations for speeding in a school zone posted 15 MPH. I received my first citation in the mail two weeks after the event occurred, thus, I racked up six tickets before realizing I was doing so.</p>
<p>The school zone speeding sign looks like the attached image. I apologize for it being blurry, but the sign reads: "School Speed Limit 15: 7AM - 4PM School Days" It is also attached with lights that flash.<a href="https://i.stack.imgur.com/wOOgt.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/wOOgtm.jpg" alt="School Speed Limit Sign" /></a></p>
<p>New York State Vehicle Traffic Law (NY Veh & Traf L § 1180 (2014)) states:</p>
<blockquote>
<p>...no person shall drive in excess of such maximum school speed limits during:</p>
<p>1.) school days at times indicated on the school zone speed limit
sign, provided, however, that such times shall be between the hours
of seven o'clock A.M. and six o'clock P.M. or alternative times
within such hours; or</p>
<p>2.) a period when the beacons attached to the school zone speed limit
sign are flashing and such sign is equipped with a notice that
indicates that the school zone speed limit is in effect when such
beacons are flashing, provided, however, that such beacons shall
only flash during student activities at the school and up to thirty
minutes immediately before and up to thirty minutes
immediately after such student activities.</p>
</blockquote>
<p>It seems to me that this sign doesn't fit either criterion. The flashing beacons do not have the attached sign, but the flashing beacons are still there and operating.</p>
<p>I am trying to question whether or not the lights were flashing when I was flashed by the ticketing camera, and I'm wondering if this is a reasonable thing to question based on the law I attached and the image.</p>
<p>Various links to the NYS Laws are <a href="https://law.justia.com/codes/new-york/2014/vat/title-7/article-30/1180/#:%7E:text=1180.,and%20potential%20hazards%20then%20existing" rel="nofollow noreferrer">here</a> and <a href="http://ypdcrime.com/vt/article30.htm?zoom_highlight=school%20zone" rel="nofollow noreferrer">here</a>.</p>
| 58,767 | [
{
"answer_id": 58768,
"body": "<p>This clearly meets the first criterion:</p>\n<blockquote>\n<p>1.) school days at times indicated on the school zone speed limit sign, provided, however, that such times shall be between the hours of seven o'clock A.M. and six o'clock P.M...</p>\n</blockquote>\n<p>The times ... | [
"traffic",
"speeding"
] |
Were any crimes committed in The Duck Song? | 0 | https://law.stackexchange.com/questions/93814/were-any-crimes-committed-in-the-duck-song | CC BY-SA 4.0 | <p><a href="https://www.youtube.com/watch?v=MtN1YnoL46Q" rel="nofollow noreferrer">https://www.youtube.com/watch?v=MtN1YnoL46Q</a></p>
<p>Let's take the song in a different direction:</p>
<h2>TL;DR version</h2>
<p>A duck repeatedly visits a lemonade stand, asking for grapes. Each time the proprietor says he has no grapes. After many repetitions the proprietor says "If you come back, duck, I'll glue you to a tree and leave you all day, stuck!"</p>
<p>The duck reports this exchange to the police as an illegal threat. The proprietor claims that the duck harassed him.</p>
<p>Is the proprietor guilty of some crime? Is the duck guilty of some crime? Assume that the duck is considered a person.</p>
<h2>Long version</h2>
<p>🎶 A duck walked up to a lemonade stand, and he said to the man running the stand, "Hey, [bum bum bum] got any grapes?"</p>
<p>The man said, "no," and the duck did go; he just waddled away [waddle waddle waddle], he waddled away [waddle waddle waddle], till the very next day [bum bum bum bum bum bum babum],</p>
<p>When the duck came back to the lemonade stand, and again asked the man running the stand, "Hey, [bum bum bum] got any grapes?"</p>
<p>He still heard a "no," and again he did go; he just waddled away [waddle waddle waddle], he waddled away [waddle waddle waddle], till the very next day [bum bum bum bum bum bum babum],</p>
<p>He kept coming back to the lemonade stand, kept asking the man running the stand, "Hey, [bum bum bum] got any grapes?"</p>
<p>This went on for days, he just wouldn't part ways, though he waddled away [waddle waddle waddle], he waddled away [waddle waddle waddle], till the very next day [bum bum bum bum bum bum babum],</p>
<p>The duck came back to the lemonade stand, again asked the man running the stand, "Hey, [bum bum bum] got any grapes?"</p>
<p>The man'd had enough, this was getting to tough, and he said to the duck who came to his stand, "If you come back, duck, I'll glue you to a tree and leave you all day, stuck!"</p>
<p>After this louder no, the duck decided to go; he just waddled away [waddle waddle waddle], he waddled away [waddle waddle waddle], till the very next day [bum bum bum bum bum bum babum],</p>
<p>When the duck walked up to the city police, and he said to the cop at the city PD, "Hey, [bum bum bum], is this an illegal threat?"</p>
<p>The man went to court, accused of assault, and he looked at the judge, wanting the trial to halt; he said, "I plead not guilty! This duck harassed me!"</p>
<p>The judge asked the duck, "So what did you do? Was the lemonade man harassed by you?"</p>
<p>The duck answered back, "Well, in part it is true. I wanted some grapes, but he had not even two. I went back every day, until the threat yesterday. Then I waddled away [waddle waddle waddle], I waddled away [waddle waddle waddle], I waddled away [waddle waddle waddle] and I told the DA."</p>
<p>Now I'd like to know what this judge will say. Did the duck harass the man, coming every day? Did the man commit a crime, or is he OK this time? 🎶</p>
| 93,814 | [
{
"answer_id": 93815,
"body": "<h2>Ducks are ducks, not people.</h2>\n<p>It might surprise you, but even a hypothetical duck that could talk is a type of bird and is considered a waterfowl and wild game but not a person or human. As such, you can not commit any crime such as assault against it. In fact, pro... | [
"assault",
"harassment",
"any-jurisdiction",
"law-in-fiction",
"hypothetical"
] |
Is it illegal to honk at a police officer in the USA? | 1 | https://law.stackexchange.com/questions/93792/is-it-illegal-to-honk-at-a-police-officer-in-the-usa | CC BY-SA 4.0 | <p>Suppose a police car is stopped at a green light and not moving. Is it illegal for me to honk at him? What if I can't drive around him?</p>
<p>What if it happens to be a civilian vehicle and a plainclothes officer? Is it illegal in this case?</p>
<p>I see several videos of uniformed and plainclothes officers stopping cars for honking at them.</p>
<p>As a context I'm giving a link to this video:</p>
<p><a href="https://www.youtube.com/watch?v=cAl2UBSgCZU" rel="nofollow noreferrer">https://www.youtube.com/watch?v=cAl2UBSgCZU</a></p>
<p>I find this video shocking behavior behavior from the police. But I want to know legally what's allowed and not allowed. Is the police legally allowed to stop at a yield sign for police related business which is a phone call?</p>
| 93,792 | [
{
"answer_id": 93798,
"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-states",
"police"
] |
What are the consequences of being party to a OFAC prohibited transaction? | 4 | https://law.stackexchange.com/questions/83284/what-are-the-consequences-of-being-party-to-a-ofac-prohibited-transaction | CC BY-SA 4.0 | <p>The US Treasury <a href="https://home.treasury.gov/news/press-releases/jy0916" rel="nofollow noreferrer">has sanctioned</a> Tornado Cash which is a tool for mixing Cryptocurrency. Since the sanctions don't actually stop this tool from working someone has used it to <a href="https://blog.chainalysis.com/reports/tornado-cash-ofac-sanction-trolls/" rel="nofollow noreferrer">send small amounts of funds to various celebrities</a>. In my understanding these qualify as prohibited transactions as defined by the US treasury which US persons are forbidden from engaging in.</p>
<p>For those recipients that are US persons, what are the consequences? Do they have to report those funds? Could they get in any trouble if they just ignore this? Or if they spend those funds?</p>
| 83,284 | [
{
"answer_id": 93794,
"body": "<blockquote>\n<p>Could they get in any trouble if they just ignore this?</p>\n</blockquote>\n<p>Generally, a gift is not complete until both the donor and the recipient consent to it. If someone purports to give crypto-currency to someone they have no relationship with, and th... | [
"united-states",
"finance",
"cryptocurrency",
"sanctions"
] |
Subsets and Splits
SQL Console for ymoslem/Law-StackExchange
Retrieves specific examples of questions about Facebook copyright issues, providing basic filtering but offering limited analytical value beyond finding matching records.