Questions tagged [conflict-of-laws]

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21 votes
4 answers
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Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution. Say some level of government (state, federal, or local) ignores this ...
interfect's user avatar
  • 3,471
1 vote
2 answers
107 views

Can a person work for free in a country with a minimum hour rate?

In some countries there is a minimum hourly rate for an employee, given by law. In a hypothetical scenario, Mr. David intends to work for a company for free for a certain amount of time, either to get ...
Jane's user avatar
  • 21
6 votes
4 answers
251 views

Catch 22 laws - only have 2 options and both are illegal?

Just out of curiosity I'm looking for examples of laws that require you to do something that puts you in conflict of another law. This question was sparked by something that happened to my neighbour ...
ConanTheGerbil's user avatar
5 votes
2 answers
1k views

When does US state law apply on the high seas?

Closely related: What is the furthest point from land at sea where individual U.S. state laws apply? , but in reference to US territorial waters. It is pretty clear that at least some US federal laws ...
Robert Columbia's user avatar
7 votes
3 answers
4k views

Can the right to self-represent be waived due to conflict of interest?

If a plaintiff and defendant have a personal connection, and one (or both) of them represents themselves, won't that pose a conflict of interest between the councillor(s) and the opposing side(s)?
user110391's user avatar
42 votes
4 answers
8k views

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

In 1971, the US State of North Carolina rewrote its constitution. According to this source, one of the purposes of this was that "Ambiguities and sections seemingly in conflict with the U.S. ...
WBT's user avatar
  • 4,868
0 votes
1 answer
41 views

Conflicting Terms after Post-Merger of Companies

Company A has a contract to produce widgets for the State for $5 per widget. The State also has a contract with Company B to produce the same widgets for $4.50 per widget. Company A acquires Company B....
Independent's user avatar
-5 votes
1 answer
299 views

When in court, how do you determine when to push the rules aside and make up your own?

I don't know any other way to ask it. I have recently been told that when you are in traffic court there are no references to federal law and to try to use federal law would be considered "pseudo ...
Reigning Scorpios's user avatar
-3 votes
2 answers
125 views

How can US lawyers deal with the difference in the laws of at least 62 US jurisdictions?

US has 50 states, 12 Federal Circuits (11 is DC Circuit, 12 is the Federal Circuit Court of Appeals that has a nationwide jurisdiction over very specific issues such as patents. This totals at least ...
user avatar
0 votes
1 answer
78 views

Conflict of Laws: Single Jurisdiction

I have attempted to learn what I can (IANAL) from reading the article: Conflict of Laws Principles: Everything You Need to Know. The article indicates multiple (2+ jurisdictions). Conflict of laws ...
gatorback's user avatar
  • 7,145
0 votes
3 answers
168 views

"Penetration testing" of laws

In computer security, there is a process called pentest. People who do this are usually hired by a company to simulate cyberattack and find vulnerabilities which hackers could abuse. After they do ...
uzivanky's user avatar
2 votes
0 answers
56 views

What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?

The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable. The EPO exists independently from the EU as an ...
akraf's user avatar
  • 121
2 votes
1 answer
703 views

Conditions that denote as true (allowed) or false (not allowed) for a written law

What is the general rule law professors teach in law school for determining whether something is allowed or not allowed, based on written law? When I read any piece of legislation, I sometimes wonder ...
JustBeingHelpful's user avatar
3 votes
1 answer
81 views

Must US public agencies accept electronic notarizations performed in other US states?

In the vast majority of the United States, notarizations are required to be performed on physical paper while physically in front of a notary. However, Virginia has authorized notaries within their ...
JosephG's user avatar
  • 255
13 votes
3 answers
3k views

Order of precedence in cases where more than one nation has an interest?

... Disclaimer first: This is a hypothetical that came up during a discussion elsewhere. No real people were harmed during the creation of this question, and any resemblance to current or past events ...
Shadur-don't-feed-the-AI's user avatar
0 votes
5 answers
276 views

How would you know if the court should apply foreign or local law?

I have a question about laws in general. If someone were to get arrested in the United States for charges on misappropriation of trade secrets committed in Canada, would the court apply international (...
user avatar
7 votes
1 answer
408 views

What happens when court orders issued by different countries contradict each other?

Two recent examples have prompted me to wonder about this: In the Equustek case a Canadian company has gained an injunction in the Canadian courts ordering Google to remove certain material worldwide....
Paul Johnson's user avatar
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5 votes
2 answers
641 views

GDPR - Right to erasure - Conflicting laws

I'm reading up on EU's GDPR in relation to an anonymization product I am working on. The one section that has raised a few questions is article 17 - The right to erasure, or more popularly referred to ...
Per Digre's user avatar
  • 354
13 votes
2 answers
5k views

Am I obligated to pay a mortgage if a region is annexed?

This is a hypothetical question. Suppose I buy a house and have a mortgage. Later, the region my house is in is annexed by another country. Let's assume also that the mortgage I took out is based in ...
Bad_Bishop's user avatar
0 votes
1 answer
1k views

Conflict of Interest for Private Consulting While Working at Company in Same Industry?

I have plans to branch out into private consulting in the field I am currently employed in. Several exisiting clients have approached me expressing strong interest in working with me privately, based ...
Ceylon_17's user avatar
1 vote
1 answer
258 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
Question's user avatar
-2 votes
1 answer
53 views

French school of 16th century

I would like to know if you could help me define which school influenced this decision? A couple of Brazilians living in the United States had to appeal to the High Court of Justice of Brazil to ...
goss's user avatar
  • 9
8 votes
3 answers
2k views

What jurisdiction do remote workers fall under?

There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote ...
Michael Burge's user avatar