Questions tagged [any-jurisdiction]
Questions where the asker is interested in any jurisdiction
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Is it legal to use force against a person who is trying to stop you from rescuing another person?
Alice has been severely injured or is otherwise in danger. Eve wants to help Alice, but Bob is somehow preventing her from getting to Alice. Assume that Bob is not threatening to harm Eve; he is only ...
20
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7
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Are there any laws against either excessively loud motorcycles or riding such motorcycles inconsiderately in residential areas at night?
Loud disturbing motorcycles are awful but occasionally circle around certain roads after midnight up and down gratuitously if the objective is actually transportation. One would hope that there are ...
0
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0
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What is the legality and consequence of blocking one who submits a SAR? [duplicate]
Alice submits a subject access request to Bob via WhatsApp, Bob responds to this by blocking Alice, but otherwise ignores her. What is the legality and consequences of Bob’s response to her SAR?
0
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1
answer
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Who is the data controller of footage taken on a retail worker’s personal phone?
An on-duty retail employee draws their personal smartphone while in uniform and commences recording a customer. Who is the data recorded and held/controlled by, for GDPR purposes? Does the customer ...
0
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2
answers
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Can a customer of a business make a recording of an employee on the business’s privately premises?
Suppose a customer enters a store. The business, through an employee, treats the customer unlawfully. Perhaps this is by verbally or physically abusing them, discriminating against them, or denying ...
0
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1
answer
29
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What is needed to access the written materials in a case?
County court decisions tend to be public. Some refer to other case documents such as particulars of claim or defence statements etc, sometimes by precise paragraphs.
Suppose a member of the public ...
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0
answers
55
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Paying the retail profit margin for broken goods and keeping them [closed]
A recent answer suggests that if you damage a product then you may only be liable for the retail margin that the shop would earn on them.
The traditional position is that you would be liable for the ...
2
votes
2
answers
112
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Merchandise damaged prior to purchase
Imagine one is browsing items in the aisles of a grocery store and drops one of them accidentally on the floor so it breaks.
Must any grocery store would generally write it off and tell a customer not ...
1
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1
answer
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How far can cooperation between law enforcement and intelligence agencies go?
https://s3.documentcloud.org/documents/1164085/sidtoday-dea-the-other-warfighter.pdf
This is report explaining that DEA was aided by NSA's surveillance system at the time they were persecuting a ...
0
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1
answer
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Are there any crimes or civil wrongs in disingenuously wasting another’s time?
Suppose that one phones you and states that they have a Nigerian princes inheritance which they would like to arrange to send to you.
Or that they would like to donate some money to your organisation ...
0
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1
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Why is it considered unethical for a barrister to communicate with another side or even their own client, directly?
Obviously there are exceptions to this provision, like ones who are "direct access"-licensed, but why does that in itself even require special licensing qualifications to be permitted? And ...
2
votes
1
answer
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Do all legal persons have human rights?
For example, a corporate legal person can be proceeded against with criminal charges. Instinctively, one would be inclined to apply such "human" rights as that to a fair trial in protecting ...
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3
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Millions of people suddenly disappear without a trace. Legally speaking, are they dead?
Millions of people around the world provably and literally vanish at exactly the same moment. Their bodies simply no longer exist instantaneously. In many cases, this is witnessed, quite often by ...
5
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2
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773
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Can private prosecution be brought against anoymous identifying placeholder?
In a civil case, the proper name of the defendant need not be known and it can simply be filed against "the individual with this phone number" and their identity possibly later subpoenaed ...
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0
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To what extent do legislators understand the minute details of laws? [migrated]
It is clear that laws are drafted with an immense level of attention to minute legalistic detail with care often put into the choices of every word. Indeed, needless to say, courts and litigation ...
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1
answer
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Are legislators and legislative drafts people legally one and the same?
If they are legally seen as such, this seems to me a pretty egregious (egregiously counterproductive) legal fiction. There is no way that members of a legislature can have the time to go through the ...
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0
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What jurisdictions actually have barristers?
Does the entire Uk including Scotland and Northern Ireland draw the distinction? What about Canada? Australia? Other common law areas? Beyond (non common law areas)?
1
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2
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Can county court judges have separate jobs in private firms as solicitors?
Suppose a solicitor in a private firm is appointed as a judge. Are they allowed to continue working as a solicitor in a parallel private capacity? What provisions exist in the way of mitigations to ...
1
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0
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What does it mean for a hearing that has been listed to be “vacated”?
Does it more strongly suggest that it will have been dispensed with finally, or that it will be rescheduled/relisted for another date?
5
votes
1
answer
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What is "distress," as in "distress for rent"?
There have been several distress for rent acts in the 17th and 18th centuries, which provide a right for distress. What is the nature of this right and the origin of its name?
0
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2
answers
109
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Can courts consider hansard transcripts in interpreting statutes?
When a court is trying to decide the meaning of a law, can it consider the discussions which begot it?
0
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1
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44
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What significance do specified damages figures have in a civil suit?
The suit filed in Los Angeles over the 1968 Romeo and Juliet film is reported in the Guardian which says:
Damages are being sought “believed to be in excess of $500m”.
What is the significance of ...
4
votes
2
answers
108
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At what stage in history did intervention of courts become required for tenant evictions?
In England and other common law jurisdictions (I assume throughout most of the world in fact) a tenant doesn't automatically lose entitlement to their home once they stop paying rent for whatever ...
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1
answer
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Legal "we": when is it appropriate to use "we" in legal correspondence?
Similarly to how a party's representative is often referred to in the third person as "solicitors," it seems often that in legal submissions and other correspondence, individual solicitors ...
2
votes
0
answers
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Is an employer required to provide full time sign interpreters to mute employees?
I visited a retailer and went through the self checkout till where I was assisted by a mute employee, who communicated with me through a sign interpreter whose job seemed to be to shadow and ...
1
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3
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Is "not committing a crime" sufficient consideration?
Alice sees John attempting to steal her car. For some reason, instead of calling the police, she says "I'll give you $1,000 tomorrow if you don't steal my car." John agrees.
Scenario 1
Alice ...
25
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3
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Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?
Lets say I want something to happen but doing it directly would be a crime. This is one crime that requires intent or mens rea.
So I hunt down an innocent third party, someone naïve, perhaps even a ...
0
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0
answers
71
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How many people are charged and convicted for actions that are part of BDSM activities?
I was reading the answers to a questions I posted earlier, and I realized that my own question's assertion that BDSM activity "produces a sizeable risk" to the person doing the "S" ...
18
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7
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Do courts generally run at a loss, run at a profit, or generally break even?
Pursuant to a previous question, about a case where the courts seem to have incurred a significant loss in hearing it, what is the general/average position?
For example, many types of routines matters ...
0
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2
answers
96
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Is it necessary for a signature to be reasonably legible on a legal document?
In general some legal documents must be signed. So what determines whether a signature on such a document requiring to be signed is valid or not?
More specifically, is a signagure that is completely ...
18
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5
answers
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How often do people who make complaints that lead to acquittals face repercussions for making false complaints?
In response to a recent question and others related to it, it appears that defendants who are found guilty, despite lying, are rarely punished further apart from the conviction.
However, what happens ...
5
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2
answers
262
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How common actually are perjury proceedings?
I’ve read a number of tenant advice materials that caution that landlords frequently lie at court and so one really has to be prepared for this to potentially happen.
Meanwhile, I have read a number ...
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1
answer
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How can a witness to a civil matter be invited, called or compelled to give testimony?
In criminal trials I understand that one can specify a list of witnesses that a court will try to reach, but are they compelled to assist the trial with their participation?
Now what if it is a civil ...
4
votes
2
answers
119
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Why doesn’t the maxim of de minimis apply to shoplifting or other petty crimes, or does it?
If you steal a candy bar does de minimis apply? Why or why not? What’s about other forms of crime in general?
2
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3
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How are civil judgments most typically settled?
A is suing B, and the court has awarded A £5000. Who decides how this balance should be paid, and what is the most common method of payment? Is it usually done through a bank transfer or a cheque?
Can ...
1
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1
answer
98
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What is the legality and practicality of conducting litigation under a pseudonym?
When one goes into a police station (okay, when one is brought in for a recordable offence), one is fingerprinted and identified against big databases of identities. Even if this doesn’t happen, there ...
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1
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What legal remedies are available for the non-performance of contractual obligations that cannot be appraised?
What remedies are available to tenant A for the landlord B's breach of contract in not providing a copy of their privacy notice, nor making it available on their website, as the contract required, ...
6
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2
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Is it possible for an individual to commit money laundering like a bank?
In the classic example of money laundering, Charlie the Criminal would take his dirty money to Bob the Banker and get it in some form that is spendable and transferable. In this situation it would be ...
0
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1
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86
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How much is a child's income allowed to benefit their parents?
I asked this on Finance and they said it was a Law question.
Let's say you are an ordinary family, and one of your young children is lucky enough to be cast in a huge blockbuster movie franchise, for ...
14
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2
answers
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Can you defame a profession?
Suppose someone publishes the statement "All lawyers are thieves." Obviously, this is not true; there most likely are some lawyers who are also thieves, but certainly not all. Would it be ...
7
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3
answers
3k
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Can one be liable to pay an agreed sum if they break a promise?
Bob wants Alice to share a computer file with him. This could be a photo, a video/audio recording etc. — anything that only Alice has and that Bob craves a copy of. The copyright ownership shouldn't ...
17
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5
answers
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Is the term "evil" defined in law?
An infamous clause found occasionally in software licenses is:
The Software shall be used for Good, not Evil.
This clause has been discussed in many places, including Software Engineering Stack ...
4
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2
answers
188
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Is ignorance of facts an excuse?
Suppose there is a law saying it is illegal to XYZ between 10 PM and 6 AM. If Alice XYZs at 11 PM, she cannot use "I didn't know about the law" as a defense. What if she does know about the ...
3
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1
answer
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Has anyone ever been acquitted of trespassing or another crime because a property sign did not say "POSTED"?
It appears that the word "POSTED" on private property signs is, in some jurisdictions, legally significant.
Has anyone ever been acquitted of trespassing, or any property owner lost a ...
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1
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108
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Are there any jurisdictions where theft is not a crime but victims can sue theives?
Are there any jurisdictions where theft is not a crime, but the owner of a stolen item can sue the thief for either return of the item or monetary damages? This would be similar to how copyright law ...
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Is it legal to sell extra patties only with a full burger but not alone?
A menu lists burgers for £12 and additional "doubling up" patties for £3.50.
Suppose one wants to only prefer a pattie by itself for £3.50 but not a burger.
Is it fair for restaurants to ...
3
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4
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Is it lawful to offer smaller portions only to children below a certain age, by calling it a "children's menu"?
Suppose that one is ordering from a restaurant that offers full portions for £11 or half-sized portions on a section of the menu designated as for kids for £6.
But suppose that one is over the ...
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1
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Is "constiption" a recognized legal concept?
Quite a few questions have been asked about "constiption" on Law SE and other SE sites. Is "constiption" a real legal concept?
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What is the status of songs that glorify illegal activity in different countries?
If I understand correctly, freedom of speech does not, in many countries, include speech that glorifies illegal activity.
What is the legal status in such countries of songs like Convoy, which do that?...
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1
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49
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Is a digital signature done by a third party valid?
Alice sends Bob a document to sign with DocuSign or a similar service.
Bob does not have a device DocuSign works on, or does not know how to open the document.
Bob forwards the email to Joe.
Joe calls ...