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Questions tagged [oregon]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Oregon.

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1 answer
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What happens when a person cannot be identified

Hypothetical is that an amnesiac has no identification. I have talked with a nurse and social worker, and it appears that the protocol, in Florida at least, is to have the police attempt to identify ...
Jim Clay's user avatar
11 votes
9 answers
7k views

Can a rental agreement state that no guests or parties are allowed?

Bob and his friends want to rent a house, hypothetically in Corvallis, Oregon USA. The prospective landlord presents Bob and his friends with a lease agreement that states that no guests are allowed, ...
GBG's user avatar
  • 241
10 votes
3 answers
5k views

Is the “civil shield” for employees a real thing?

I have heard people speaking about a supposed “civil shield” for employees, but I can’t find anything that proves or disproves it. The theory is something like, if an employee is following the ...
SegNerd's user avatar
  • 5,477
16 votes
3 answers
5k views

Could I file a complaint against discrimination in my favor?

(Hypothetical) Say I had a boss who was crazy enough to make a statement like, “All men get a raise, and all women get a paycut.” The hypothetical women in the hypothetical office are refusing to take ...
SegNerd's user avatar
  • 5,477
-2 votes
2 answers
188 views

What does it mean for a crime to be committed "in the presence of" a person?

ORS 133.225 (Arrest by private person), subsection 1, says in part, emphasis added: A private person may arrest another person for any crime committed in the presence of the private person if the ...
Someone's user avatar
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-4 votes
2 answers
175 views

Is it legal to remove a phone from a driver's hand?

Alice and Bob are in a car together; Alice is driving. While on the road, she picks up her phone and begins texting. Is it legal for Bob to take the phone from her until she parks? Normally this would ...
Someone's user avatar
  • 17.1k
2 votes
1 answer
211 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
  • 17.1k
1 vote
1 answer
200 views

Does an eighteen-year-old Oregon resident who obtained a driver license as a minor need to get a new license to tow a trailer?

In Oregon, drivers under eighteen years of age may not tow trailers. The "Provisional Driver License" issued to drivers aged sixteen through eighteen says it is valid for "[a]ny signle ...
Someone's user avatar
  • 17.1k
23 votes
1 answer
9k views

Is it illegal to have a product delivered to a different ZIP code to pay less sales tax?

Me and my friends were chatting in dinner in California. Some were complaining about the high sales tax rate in our state. One suggested that if any of us had an Oregon address, we could have our ...
um797497's user avatar
  • 239
8 votes
2 answers
6k views

If a cashier forgets to charge me for something, do I have to remind them?

Suppose I’m buying 10 items, and I notice that the cashier has accidentally only scanned 9 of them, leading to a total that is too low. Do I have a duty to remind the cashier? I understand that the ...
SegNerd's user avatar
  • 5,477
0 votes
2 answers
159 views

Do minors need to disclose their age in business agreements?

Is a minor working as a freelancer, or negotiating a contract for another reason, contacting a potential client required to disclose that (s)he is a minor? Assume that the minor has no plan to void ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
135 views

Is there any requirement to state the specific reason for a conviction?

I'm asking specifically about the validity of a conviction based on an allegation of "failure to appear" for a traffic camera violation. Let's say that "Lizzie" receives a citation ...
Michael Hall's user avatar
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4 votes
1 answer
466 views

Is it legal for employers to charge for training if you leave too soon?

Apparently, some employers are requiring new employees to sign a contract that says, “We will provide training. You must work here for at least N months. If you leave before that, you will have to pay ...
SegNerd's user avatar
  • 5,477
4 votes
2 answers
232 views

Oregon decriminalized possession of certain drugs. Is the act of buying still illegal?

Oregon decriminalized "the possession" of certain drugs. But the act of manufacturing and selling drugs is still illegal, according to this article: https://www.opb.org/article/2020/11/04/...
M -'s user avatar
  • 261
0 votes
1 answer
170 views

What should you do if an officer leaves a traffic stop?

This might be a bit of a TV trope, but I think it happens in reality as well. Suppose an officer pulls someone over for a traffic infraction and starts talking to the person about why they were pulled ...
SegNerd's user avatar
  • 5,477
1 vote
1 answer
84 views

Is a bylaw amendment required to adopt Robert's Rules of Order?

Does an Oregon nonprofit corporation need a bylaw amendment to officially and permanently adopt Robert's Rules of Order, or could it be done with a regular resolution?
Someone's user avatar
  • 17.1k
2 votes
1 answer
520 views

Is it legal to use a TV-B-Gone on a TV in a business?

Is it legal for a customer to use a TV-B-Gone to turn off TVs in businesses, e.g. the ones playing sports channels in restaurants or the demo models in stores, without permission of the owner?
Someone's user avatar
  • 17.1k
5 votes
1 answer
181 views

What amount of force, if any, can be used to prevent animal abuse?

What amount of physical force, if any, can be used to prevent animal abuse (a dog's owner hitting the dog, with a minor present) in Oregon? Is it legal to restrain the owner? Take the dog to a safe ...
user47924's user avatar
4 votes
1 answer
1k views

Is it legal to keep an old hole-punched driver's license or permit?

It is illegal in Oregon to possess two drivers licences, but when you get a new one, the DMV hole-punches the old one and gives it back to you. The paper temporary license is valid for driving ...
Someone's user avatar
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3 votes
1 answer
2k views

Does labeling a parking space as "Compact" have any legal significance?

I have an assigned parking space, which is labeled "Compact." There is another parking space immediately to the right of mine, which is also labeled "Compact." I have a compact car,...
SegNerd's user avatar
  • 5,477
0 votes
4 answers
477 views

Can a victim of theft retroactively give the stolen item to the thief?

If Joe steals Alice's widget, but Alice for some reason doesn't want Joe to be convicted and is okay with him having her widget, can she retroactively give him permission? Does this prevent him from ...
Someone's user avatar
  • 17.1k
1 vote
2 answers
153 views

How does community service work?

When a person is convicted of a crime and required to perform community service, what exactly is involved?
Someone's user avatar
  • 17.1k
10 votes
1 answer
859 views

What is the "preamble" to a ballot measure called?

Oregon ballot measures have this basic format (this particular one is an initiative for a constitutional amendment, but referendums [referenda?] are similar, as are measures for regular legislation): ...
Someone's user avatar
  • 17.1k
0 votes
5 answers
792 views

What does Oregon ballot measure 112 actually do?

Section 31, Article 4 of the Oregon constitution says: There shall be neither slavery nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have ...
Someone's user avatar
  • 17.1k
0 votes
1 answer
161 views

Can a client share legal advice from a lawyer?

Alice, Bob, and Chris have a conversation about doing XYZ, and the question of legality comes up --- none of them know whether or not XYZing is legal. Alice hires a lawyer and asks him; he says yes, ...
Someone's user avatar
  • 17.1k
1 vote
3 answers
337 views

Would it be legal to publish a program to factor large semiprime numbers?

If I somehow figured out a way to factor large semiprime numbers in a reasonable amount of time (don't worry, I haven't; this is hypothetical), would it be legal to publish the code? This could be ...
Someone's user avatar
  • 17.1k
13 votes
2 answers
4k views

Oregon property disclosure law: buyer discovers cracking foundation that seller did not disclose - 20 months after closing

I purchased a 110 year old house 18 months ago and am living in it. At the time of sale I waived inspection and did As-Is based on two factors: a 3rd party inspection was provided to me from buyer ...
J.Xander's user avatar
  • 131
0 votes
1 answer
127 views

Can you form a temporary nonprofit?

Can you start a 501c3 organization to complete a project, collect donations, do the project, donate all leftover money to another 501c3 with similar goals, then dissolve the organization? It would ...
Someone's user avatar
  • 17.1k
0 votes
0 answers
99 views

Can you be convicted of a crime when you could not avoid doing so because of a bug in a state-owned mobile app?

Oregon offers electronic licenses and tags for hunting and fishing; the problem is that the app does not work reliably offline, despite advertising this feature. (It's very common to not have an ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
129 views

Is it illegal for someone with a duty of care to not act on questionable information?

Someone told me about a case where some people got lost in the woods, "the authorities" (not sure who, but let's assume they had a legal duty to rescue the people who got lost) could not ...
Someone's user avatar
  • 17.1k
12 votes
2 answers
3k views

Is there any significance to "Inc." vs "Corp."?

Oregon requires corporation names to include "Incorporated," "Corporation," "Limited," or an abbreviation of one of those. Is there any reason why a business owner might ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
297 views

Can a director of a for-profit corporation be unpaid, or paid a nominal salary?

If a corporation has a director who doesn't actually do much and is just there to fulfill a legal requirement, and the director does not want to be paid, is that legal? What about a $1/year salary? ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
189 views

Can you use deadly force in self defense when you could likely appease the attacker by deleting a video of a crime they committed?

John commits a non-violent crime against Jane. Jane recorded the crime. John threatens to kill Jane if she doesn't delete the video. Can Jane legally use deadly force against John?
Someone's user avatar
  • 17.1k
5 votes
3 answers
465 views

Who owns geocaches and their contents?

When someone places a geocache, presumably that person owns the container; it wouldn't make sense for anyone except them (or possibly Groundspeak? I don't think the ToS transfer ownership) to own it. ...
Someone's user avatar
  • 17.1k
9 votes
3 answers
5k views

Can you sue your own business?

If an employee of my LLC negligently causes injury to me in the course of their employment, can I sue my LLC, like a non-owner could?
Someone's user avatar
  • 17.1k
3 votes
1 answer
436 views

Is it necessary to have an attorney-client relationship for a lawyer to give legal advice to someone?

If a lawyer gives legal advice to someone who is not his/her client, is that legal?
Someone's user avatar
  • 17.1k
1 vote
2 answers
123 views

Could a person's lawyer legally answer that person's Law SE RSLA?

I hire a lawyer for legal issue ABC. I post a request for specific legal advice on Law Stack Exchange about unrelated legal issue XYZ. I do not tell my lawyer about it; neither of us knows that the ...
Someone's user avatar
  • 17.1k
0 votes
0 answers
50 views

Is a person serving a property owner with notice of a lawsuit excempt from trespassing charges?

If John sues Bob, and he walks past Bob's "POSTED - NO TRESPASSING" sign up to his door to serve him notice of the lawsuit, Bob says "Get off my property!" before realizing why ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
283 views

Can a minor be granted power of attorney?

Can an adult grant power of attorney to a minor and be bound by contracts signed by the minor on his/her behalf?
Someone's user avatar
  • 17.1k
0 votes
1 answer
1k views

Is it legal to use someone else's credit card with permission?

Is it legal to use someone else's credit card with their permission? What about forging a signature, also with permission?
Someone's user avatar
  • 17.1k
1 vote
2 answers
68 views

Is there consideration if one item is given from someone who doesn't want it to someone who does?

Suppose I have an old refrigerator that no longer works. I don't want it, and would pay someone to take it; its value to me is negative. But my neighbor has an appliance repair company. My ...
Someone's user avatar
  • 17.1k
0 votes
2 answers
183 views

How can a minor own and operate an LLC with as little adult involvement as possible?

Note: I am going to talk to a lawyer before I actually do this, but I would like to have some idea of the best option before I start. If a minor wants to start a business selling things on eBay as an ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
86 views

Can an LLC operating agreement specify that one member pays all the taxes?

Is it possible, in an LLC with two members, for all of the taxes to "pass through" to one of the members, resulting in the LLC having no effect on the other member's taxes? The non-tax-...
Someone's user avatar
  • 17.1k
2 votes
1 answer
132 views

Is a Windows license valid on a "computer of Theseus"?

If I buy a computer with a Windows license, and then replace every part of the computer one at a time (cloning the old hard drive to the new one then erasing the old one, or reinstalling Windows on my ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
810 views

Is it legal to reverse-engineer and reimplement a file format?

If I reverse engineer a file format used by proprietary software and write (a) a specification and (b) a third-party program for reading and writing the format, and I publish both (a) and (b) online ...
Someone's user avatar
  • 17.1k
2 votes
1 answer
258 views

Is it legal to include a crypto miner in published software?

If I publish a program (say a text editor), and I include a cryptocurrency miner that puts all of the coins in my wallet (and the mining itself does not accomplish anything that benefits the user, e.g....
Someone's user avatar
  • 17.1k
13 votes
4 answers
7k views

Is it legal to accidentally hunt on private property?

I know, from this question it is not illegal to be on private property without permission if you do not know and could not reasonably be expected to know that it is private property. Does this apply ...
Someone's user avatar
  • 17.1k
-3 votes
2 answers
161 views

Is it legal to make false advertising claims but give the correct info in small print?

2 Terabyte Solid State Drive - only $20! (product is actually a 100 gigabyte hard disk drive) Would that ad be legal?
Someone's user avatar
  • 17.1k
2 votes
0 answers
54 views

Could a company specializing in social networking offer a "dealer free" gun transfer service?

This is a followup to this question about trading firearms between individuals in Oregon. An answer says Apart from transfers to and from the government, you can freely transfer a firearm under ...
tolos's user avatar
  • 121
5 votes
2 answers
617 views

Are emojis acceptable in contracts?

If I ✍️ a 📄 using emojis instead of words, does that affect the validity of the 📄? Example: Mary will only use the 🔑 to open the front 🚪 of John's 🏡 in order to feed his 🐈. Mary will feed the 🐈...
Someone's user avatar
  • 17.1k