Questions tagged [any-jurisdiction]
Questions where the asker is interested in any jurisdiction
179
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Can psychiatric illness factor into the question of guilt?
Imagine a patient suffers from Tourette’s, which causes them to involuntarily swear and shout epithets (for example, sexist or racist slurs such as the n-word). In the U.K., this is very likely to be ...
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123
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Spending overpaid stipend instalments
Bob was a student and received a stipend grant for his living expenses whilst doing research at an academic institution for post-graduate studies. He came to rely on these for his monthly living ...
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What is the closest equivalent to criminal compensation orders in your jurisdiction(s) of expertise?
In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
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5
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Can a court’s decision be copyrighted?
See this page:
If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/...
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Does the English or the American rule prevail in Canada?
In English rule jurisdictions, the general principle is that loser of a case pays the costs on an indemnity basis. In American rule ones, the norm is that each side bears their own costs. Which ...
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Does ownership of an abandoned/lost item at some point “revert” to the person who has found it?
Omar left his jacket in a pub and Alice picks it up after he left and chased after him, but by the time she got out and looked around on the street, he was already on the bus that rounded the corner ...
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35
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3
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Would it be ok to supply an item that deliberately stops working after the guarantee expires?
I have TV that failed about a week after the 3 year guarantee expired.
Obviously this is annoying, and I'm back to using a 15 year old TV that I dug out from the attic.
Realistically, this failure so ...
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If one person's illegal act causes another person to unintentionally commit an infraction punished by a fine, can the second person sue the first?
Suppose that Bob steals Alice's wallet, which contains her driver license, from her purse. She does not notice that he did this.
Alice, thinking that her wallet is still in her purse (she has no ...
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Has any acquitted defendant ever lost a defamation case, accused of committing the crime?
Trevor the truth teller witnesses Craig the criminal commit a crime.
The police speaks to Trevor and charges Craig.
At the trial, the jury for whatever reason does not find Trevor's testimony reliable ...
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Legality of tearing down Israeli kidnapping victim posters
Many people in London have taken to tearing down poster images of the kidnapping victims of Hamas’s 7/10 attacks.
These posters do not seem to be put up with permission of the owners of the surfaces ...
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Basis of real property ownership in civil law and non-Anglosphere countries
In England and perhaps other common law jurisdictions, property ownership is governed by the feudal remnant called "tenure", whereby what is commonly called "owning" is actually a &...
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Does redundant first party consideration nullify a contract?
Alice is saddled by many tens of thousands of debt to her bank. She is mostly overwhelmed by this and scarcely makes any effort to repay it for a decade, it being hardly within her ability to anyway. ...
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Do lawyers have to hold disputed funds in trust account pending litigation?
Alice sued Bob and won.
Bob filed an appeal and a motion/application for a stay of the payment he now owed to Alice pending the appeal.
The stay was declined. Alice's lawyer demanded payment into his ...
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Is it necessary to have one's driver license in one's posession while driving in Oregon?
In some jurisdictions, it is necessary to carry one's driver license at all times while driving. In others, it is only required to be licensed; it can be proven later after being pulled over, perhaps ...
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What is the legality of a 0% interest unsecured loan?
I have heard that these are legally stigmatised/frowned upon, and subject to various different types of restrictions, I think mainly for tax reasons.
But a recent answer describes this as a seemingly ...
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Can presiding judges ever be subject to law enforcement?
It is commonly regarded that a presiding judge is the ultimate authority in the courtroom. If they go overboard, that would be subject to investigation (judicial conduct or crime) afterwards. However, ...
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What is “making it right”?
ACME, Inc. maintains a “satisfaction guarantee” whereby if anyone isn’t fully satisfied with one of their products, they need just get in touch with them about it with proof of purchase within 60 days,...
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Conflicting information in different points - is it false advertising if one is wrong?
Adam purchased a battery from eBay where the product image contains the eye catching text 40000mAh. But the product description in much Plainer typeset mentions that it is a 10ah battery.
Adam ...
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Are statutory or other defences to be considered at every state of enforcement to preclude the act’s status as a crime?
Are statutory or other defences to be considered at every state of enforcement to preclude the act’s status as a crime?
For one example, criminal Justice act 1988 makes it an offence to carry a weapon ...
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What is a “clerk”?
In different jurisdictions do they have different meanings? How/when did the roles diverge?
Is it more or a research assistance position, or an administrative/secretarial one of doing the day to day ...
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What happens to large hauls of seized illicit substances, how are they disposed of, and how do we know about adherence? [closed]
Millions of pounds worth of cocaine bricks have recently washed up on the shores of Sussex and were seized by police. What will ultimately happen to these? Will they be destroyed? If so; then how: ...
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How many staff do Supreme Court judges have to assist with research, deliberations, and composition of judgements?
I’m interested in rough estimates answering for any particular jurisdiction, or rougher estimates answering more generally for the typical situation across jurisdictions.
How much of the work of a ...
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112
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Is it making off without paying to dispute the charged amount based on a misunderstanding, even if this is the customer’s own fault?
Bob goes to a burger joint every week for several months and orders an individual beef patty for £4 which they are able to put through on the till as an “extra.”
One time Bob arrives at the place and ...
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Are evidentiary rules concerning admissibility of observations about a complainant’s habits or character against fundamental rights/precepts?
In many jurisdictions, the criminal standard of proof is, subject to Blackstone’s ratio, “beyond a reasonable doubt.”
Yet some rules such as s276, Canadian Criminal Code, state, simply and plainly, ...
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How is consent to be determined?
Is the complainant’s retrospective declaration as to their present state of mind to be absolutely taken at face value? If not then what is considered in making such a determination?
Can possible ...
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Can Bob be convicted of raping his wife Alice?
Bob and Alice are apparently happily married for 5 years and have sex nearly every night. Sometimes they are very lucid, others barely awake. Occasionally (perhaps 1 in 10 times) they have some ...
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What is consent?
Interested in any jurisdiction, and in fact especially interested in seeing comparative perspectives between different jurisdictions.
Is it:
a mental state of not objecting or even enthusiastically ...
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2
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Can sexual consent be passively implied in light of the pre-existing rapport or character of the relationship between the parties?
It seems that in Canada, there must be an active effort to ascertain the complainant’s consent for each and every sexual act or episode of sexual acts and that prior rapport with the complainant (even ...
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Would Mr. E still have been guilty of rape if he’d mistakenly penetrated his stepdaughter while instead intending to penetrate his partner?
A recent case resulted in a rape conviction of a man who apparently made an error in judgment in deciding to have intercourse with his stepdaughter who had been sleeping with him in his bed, along ...
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Do convicted rapists automatically lose parental rights in connection with their offspring resulting from the rape?
Bob raped Alice, so impregnating her. Alice carried the child to term.
If Bob is not convicted, then under laws such as Maryland’s Rape Survivor Family Protection Act a victim is allowed to ask a ...
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3
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212
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Is there any reason a 24-year-old healthy woman could not consent to sex with her stepfather?
I just came across this news (based on E v R [2023] NZHC 2829).
To summarise:
A 24-year-old woman happily goes to sleep in one bed with her stepfather and her mother (stepfather's partner).
During ...
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Is it legal to keep products I never ordered that were delivered to my residence?
If I ordered a box of paper from Amazon but I got 10 iPad Pros from them instead, can I keep it without notifying or returning them? If it wasn't a product delivery but instead a gift or a letter sent ...
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Do “motions” exist in the U.K.?
Or are they instead called “applications” in Britain? One hears of motions filed in court cases, perhaps primarily in the U.S. But do these exist in Britain, or in any other jurisdictions? Or are they ...
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Just what are diplomats immune to, and why would it include evictions?
Is it all police power? Clearly it is not only police power, because they are not allowed to be subject to fines or sanctions by civil courts either.
But suppose that police are enforcing a road ...
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Can diplomats be compelled to pay rent?
It turns out that in New Zealand, diplomats can get away with not paying rent:
In 2018, Eva Tvarozkova, deputy chief of mission for the European
Union (EU) Delegation to New Zealand, skipped out on ...
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Disabling a neighbour’s malfunctioning alarm
A neighbour’s burglar alarm is malfunctioning and thus sounding endlessly. Bob calls the company marked on the system to try to get someone down to investigate the situation and they hang up the phone ...
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Are pledges I made in a job interview binding?
Among some "pro" tips shared in my neighborhood for desperate job seekers is the myth that promising to never unionize drastically improves the chance of landing on a job. If one were to ...
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What is the origin of the notion of the King’s “peace”?
There are magistrates (or justices) of the peace, which evokes memory of the justices of the peace act 1285, a statute. Then there is a breach of the peace and the various police powers and ...
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How are commital proceedings for contempt of court initiated, and who may the process be instigated by?
An injunction was obtained against Bob for allegedly disrupting/sabotaging the Epsom Derby Jockey Club, prohibiting him from doing such things again in the future. He violated this injunctive ...
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Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Alice assaulted Bob at a demonstration by grabbing his placards ...
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Can selective assertion/enforcement of legitimate rights be discriminatory?
A shop exists where a tonne of shoplifting takes place by people of all races. But the security guard only calls the police on the black shoplifters.
A pawn shop gives collaterally secured loans to ...
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How is compensation for defendants against whom charges are dismissed called and calculated?
Bob was charged with a crime but the charges got dismissed. Apparently in some American states, he is entitled to compensation.
What is this type of mechanism called, and how much does he get?
Answers ...
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6
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Is it legal to sign a “contract” like that of Colleen Stan to voluntarily bond oneself into slavery?
Obviously in Colleen Stan’s actual case there are several other problems: fraud/brainwashing/deception, possibly a lack of consideration, to name a couple.
But is there anything wrong in principle ...
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Does one need the prototype's permission to make dolls?
Bob creates a doll of Rob (with startlingly realistic resemblance) without him knowing and starts selling it. Bob does not promote any idea, service or other product with this doll: it's the doll ...
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If a group of people share individual de minimis sections of a copyrighted work, sufficient to reconstruct the work, is this copyright infringement?
Suppose a group of people share small segments of a copyrighted work in a chat room. If the song "Amazing Grace" were still under copyright, it could go something like this:
<A> ...
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280
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Can a ban from a venue be nullified by subsequent admittance?
Bob was expressly told by an employee Emily of a business to never return to that location. A month later, he returns and Emily advises her colleague Colleen the Bob has been banned. A year later Bob ...
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Is recording children either by photo or video in itself an offence?
There is no indication that the children are other than fully clothed or that they (or anyone else that is part of the fact pattern) are depicting or party to any lewd acts.
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Legal implication of shutting another’s windows from the outside
Bob’s neighbour is playing loud music inside their property with the windows open. Bob knocks on the window asking them to kindly lower the volume. Nobody appears to be home, so Bob gently pushes his ...
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Any laws against scalpers that buy all stocks of a product and sell them for outreagous prices?
This might already be known, but there are peoples (some call them scalpers) that buy entire stocks of a specific product (e.g.:a specific graphics card model, etc) and then sell them for outrageous ...
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Are outward facing security cameras’ footage on the outside of ambassadorial missions subject to subject access rights?
Bob walks past the front entrance of the embassy of the republic of Zwakilostan which is somehow under diplomatic protocols Zwakilostani sovereign territory. The cameras point outside toward the road ...
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