Questions tagged [any-jurisdiction]

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How can you tell if an application author or user is the one controlling or processing data?

Say I produce a tool that a user can enter a bunch of personal data into to accomplish some task. Say I distribute it as an EXE file or a web site or an app, but the tool does all its thinking and ...
interfect's user avatar
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0 votes
4 answers
227 views

Is it illegal to tell others to commit crimes?

There's "conspiracy", which seems to involve cooperating on a crime, and "solicitation", which at least in some jurisdictions is written to require that specific actions ...
interfect's user avatar
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-1 votes
1 answer
80 views

In which parts of the world is it legal for a registered member of one party to run for/hold office as another party?

I learned that Mazi Melesa Pilip, a registered Democrat since 2012 who campaigned to fill George Santos' vacancy ran as a Republican. I was confused since this would have been impossible in my country....
gusty513's user avatar
9 votes
3 answers
2k views

Legal definition of a "criminal record"

This news article starts with: One in three Americans have a criminal record, according to the Bureau of Justice Statistics. Simply being arrested, even without a conviction, can lead to lifelong ...
Roger's user avatar
  • 295
3 votes
2 answers
224 views

Work-for-hire unpaid: who owns the IP?

Suppose X is a software developer, the only employee of sole proprietor Y. The contract is oral, "build an app like (famous app), earn $wage per week". Laws breached by this are outside the ...
Therac's user avatar
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-3 votes
1 answer
153 views

Can damages be claimed for the value of items already recovered by other means?

Alicia stole Bob’s £2000 Segway and puts it up on eBay. Alice sees it on eBay for quite cheap (let’s say £150) and decides to buy it on a whim, which she does. She suddenly then finds that she must ...
TylerDurden's user avatar
-3 votes
1 answer
131 views

Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Alicia and Bob live together as a happy couple, until one night they break up and Alice throws all of Bob’s stuff onto the curb while he is still out. He comes back to find it all there, but she didn’...
TylerDurden's user avatar
0 votes
1 answer
115 views

What does unauthorised mean in regards to access to web sites? [duplicate]

The Computer Misuse Act 1990 makes it an offence in the UK to try and access programs or data on computers when that access is unauthorised. As I understand it in the US the Computer Fraud and Abuse ...
User65535's user avatar
  • 6,608
1 vote
3 answers
116 views

Has no-fault eviction of residential tenants ever previously existed, even in places where it no longer does?

In England this didn’t previously exist until being introduced under s21 of Thatcher’s capstone legislation the Housing Act 1988. This applies to England and Wales until it was superseded in the ...
TylerDurden's user avatar
10 votes
3 answers
2k views

Does discrimination law apply to prostitutes?

Bob is a male prostitute who only services female clients. Charles is a homosexual male who would like to solicit his services, but Bob being straight and so finding this proposition unenticing, ...
TylerDurden's user avatar
0 votes
1 answer
107 views

Is there any protection for sellers with mislabelled items?

Suppose Alice buys a car from Bob. In the case the car was stated in the advert as the top of the range model but was in actuality the model below badged as the top one Alice would have some ...
User65535's user avatar
  • 6,608
-1 votes
5 answers
217 views

In what jurisdictions is there a “duty to assist“ others in distress?

Apparently in the U.S. there is no duty to assist others, no matter how grave their plight. In what jurisdictions is this not the case?
TylerDurden's user avatar
2 votes
1 answer
84 views

Does the doctrine of contra proferentum apply to court filings as well as contractual terms?

Where there are ambiguous or contradicting terms appearing throughout the text of a contract, it is customary to interpret it in a way that is most contrary to the interests of the party who has ...
TylerDurden's user avatar
-4 votes
2 answers
102 views

Does spamming violate ethics rules for attorneys? [closed]

Fairly often, lawyers (or people claiming to be lawyers) post advertisements as answers on Law Stack Exchange questions. Sometimes they include an actual answer to the question (usually written by ...
Someone's user avatar
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18 votes
6 answers
6k views

What consequences could there be for Robert'); DROP TABLE Students;-- when he grows up?

I think it's obvious that Little Bobby Tables's mom has broken the law. Let's assume this is his legal name and does not break any naming laws; it's still probably illegal, because she obviously gave ...
Someone's user avatar
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2 votes
2 answers
108 views

Is the GNU GPL v3 patent license grant valid in space?

The GNU General Public License v3.0 includes a patent license grant (emphasis added): ... Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's ...
Someone's user avatar
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4 votes
1 answer
155 views

What are some examples of reasonable steps that may be taken to ascertain sexual assault complainants’ consent?

In Canada and perhaps other jurisdictions, an available defence for sexual assault accusations is that the defendant can show that they had taken reasonable steps to ascertain the complainants state ...
TylerDurden's user avatar
-4 votes
1 answer
130 views

Did Alice commit a crime in bending over and spreading her butt cheeks after suggestively propositioning anal sex to Bob?

Bob rides up to the front of a bar where there is a heater lamp on his moped to quickly check some things on his phone on a night out in soho, where a couple of young women happen to be standing. One ...
TylerDurden's user avatar
-4 votes
1 answer
52 views

Is this sexual assault or any other crime?

A scene from the film Derailed often invites comments to the effect that the depicted tactic is a good way to end up in the back of a police car. (In it, a man bets a woman he can kiss her without ...
TylerDurden's user avatar
5 votes
7 answers
1k views

Can a person commit a racially/religiously aggravated or hate crime against their own group?

E.g.: Can a black person be convicted of crimes that are racist against black people? Can a Jewish person be convicted of crimes that are deemed antisemitic? To be clear, this question is about ...
TylerDurden's user avatar
-2 votes
1 answer
84 views

Rapid oscillation of lighting on a house -- is that protected speech?

With all the Christmas lights in my neighborhood, I was wondering if rapidly flashing lights counts as protected speech. Is there any relevant case law on this? As for the speech the rapid lighting ...
rndusr's user avatar
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-2 votes
2 answers
220 views

When is a polite euphemism a binding command?

Bob is eating in a café and is approached by a manager who says to him “if you don’t mind, I’m going to have to politely ask you to leave.” Bob nods in acknowledgment at what was said, but, as he does ...
TylerDurden's user avatar
15 votes
4 answers
5k views

Can a person plead guilty without being charged?

If a person has committed a crime punishable by a fine and was not caught, but wants to pay the fine for moral reasons, is it possible to plead guilty and pay the fine without being charged with a ...
Someone's user avatar
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-4 votes
1 answer
64 views

What was the origin of procedure rules?

I’m guessing that they started out much simpler and more rudimentary than they are now, before which they were probably non existent and it was just a case of a Lord of the court admitting parties of ...
TylerDurden's user avatar
1 vote
2 answers
174 views

What is the significance of “good faith”?

It’s a term that before I began getting interested in law I always had a vague/general lay understanding of and associated with law. Since I started reading about law I have never encountered a ...
TylerDurden's user avatar
1 vote
1 answer
55 views

Are data controllers required to acquire the means to appropriately redact data for disclosure to subjects?

Bob appears in CCTV footage that is held by all of ACME, BCME & CCME, but also features Alice and Charles. He requests access to the footage from all of the companies and receives three different ...
TylerDurden's user avatar
1 vote
1 answer
118 views

Is it illegal to simultaneously run instances of a software more than I physically own?

I own old gaming consoles such as the Nintendo DS. The consoles have aged significantly and they have a hard time recognizing legit cartridges, so I dumped the contents of dozens of carts on a 3rd ...
omf39953's user avatar
0 votes
0 answers
100 views

Must Waitrose modify its free coffee machines for Barbara?

Waitrose has a policy of giving one free coffee from an automatic dispensing machine per day to its Waitrose card holders if they make any other purchase using their MyQaitrose card. Barbara suffers a ...
TylerDurden's user avatar
-1 votes
1 answer
77 views

Do data controllers have fewer obligations to self-represented data subjects than to their solicitors or insurers?

Bob makes a data protection request to a data controller who tells him that they are unable to comply with it and that he should therefore have his solicitors or insurers contact them. Do these types ...
TylerDurden's user avatar
2 votes
0 answers
50 views

Are there typically any provisions in systems or succession that nullify a successor’s claim to the position if they off their predecessor themselves? [closed]

Suppose Prince William killed King Charles, would he still become king? Was this historically the case in the UK or other monarchies? Or if Kamala kills Joe?
TylerDurden's user avatar
2 votes
2 answers
163 views

If the reigning monarch in a constitutional monarchy commits serious offences like terrorism or mass murder, are they really immune from punishments?

Answers for the UK especially welcome but any modern monarchy likewise. What would - or could- happen to King Charles if he went on a rampage and shot up a school and then went and planted/detonated a ...
TylerDurden's user avatar
1 vote
0 answers
60 views

When has Law Stack Exchange been cited in legal filings?

I remember seeing one case in which a legal filing of some kind referred to a post on Law Stack Exchange, but I don't remember where it was. What was the document?
Someone's user avatar
  • 17k
1 vote
1 answer
197 views

What is the situation when a computer "agrees" to a contract without the explicit knowledge of a human?

My understanding is that web site terms and conditions are a form of contract. To form a contract a "meeting of minds" must occur in many jurisdictions. There are many situations where a ...
User65535's user avatar
  • 6,608
0 votes
1 answer
87 views

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 ...
TylerDurden's user avatar
0 votes
2 answers
131 views

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 ...
TylerDurden's user avatar
1 vote
3 answers
94 views

What is the closest equivalent to criminal compensation orders in other jurisdictions?

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 ...
TylerDurden's user avatar
7 votes
5 answers
4k views

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/...
TylerDurden's user avatar
3 votes
1 answer
1k views

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 ...
TylerDurden's user avatar
0 votes
1 answer
102 views

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 ...
TylerDurden's user avatar
35 votes
3 answers
8k views

Would it be legal 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 ...
ConanTheGerbil's user avatar
5 votes
1 answer
194 views

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 ...
Someone's user avatar
  • 17k
4 votes
1 answer
790 views

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 ...
Greendrake's user avatar
  • 27.5k
1 vote
1 answer
196 views

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 ...
TylerDurden's user avatar
1 vote
2 answers
102 views

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 &...
gast's user avatar
  • 63
0 votes
2 answers
107 views

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. ...
TylerDurden's user avatar
5 votes
2 answers
1k views

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 ...
Greendrake's user avatar
  • 27.5k
2 votes
1 answer
107 views

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 ...
Someone's user avatar
  • 17k
4 votes
1 answer
425 views

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 ...
TylerDurden's user avatar
1 vote
2 answers
200 views

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, ...
Greendrake's user avatar
  • 27.5k
2 votes
1 answer
153 views

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,...
TylerDurden's user avatar

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