Questions tagged [texas]

Questions specific to the State and laws of Texas.

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46
votes
6answers
17k views

Can I forbid the government from using my patented invention?

(this is a purely hypothetical situation, for literary research) I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ...
18
votes
1answer
5k views

Is it legal for a company to enter an agreement not to hire employees from another company?

Is it legal for ACME Corp to enter a reciprocal agreement with another company to not hire from their workforce. This seems like it may have ramifications for price fixing the labor market.
15
votes
4answers
8k views

Is self-defense mutually exclusive of murder?

A Dallas man is charged with murder. The narrative indicates that the man shot the intruder in his back yard as the intruder approached with a pickax. Assuming that the homeowner does not have a ...
15
votes
2answers
4k views

Do the police need probable cause or a search warrant to search a rental car being driven by someone who didnt rent the vehicle?

I'm not seeking legal advice, but rather I'm seeking others thoughts and reasoning on a case that has been disposed of already, which seems to be a violation of constitutional rights afforded to ...
10
votes
2answers
6k views

Is rent acceleration legal in Texas?

Texas Association of Realtors' Sample Lease has the following: B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in ...
8
votes
1answer
3k views

US laws of firing an employee

This is a follow-up from my previous question. Following my discussion with HR about the ethical violation of my manager and some colleagues, I was suddenly fired without any prior notice from my ...
8
votes
1answer
1k views

Is it legal for landlord to prohibit subleasing, under Texas law?

It's quite common that plans change, and a residential lease must be broken. Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find ...
8
votes
2answers
926 views

UPDATE: What are the legal consequences for serving in a jury if you are not eligible because you are not a citizen?

I got a jury summons letter last week and was asked to be in court Monday. I went and was there for 5 - 6 hours deliberating with other jurors whether or not this guy should've gotten a speeding ...
7
votes
1answer
1k views

Expungement of Arrest and Court Records after Death

If someone with a few criminal arrests and deferred sentences passes away, can a friend or family member have these Misdemeanor and Felony arrest records expunged on behalf of the person who passed ...
7
votes
2answers
305 views

Is there legal precedent for judges require marriage as a condition for probation?

So apparently in East Texas a judge has ordered that a man marries his girlfriend because he assaulted her ex-boyfriend. The conditions for probation were: Marrying his girlfiend within 30 days ...
7
votes
1answer
605 views

Can a renter retake posession? [closed]

In Texas, a renter rents a house with a one year lease term. Renter is not late on rent and is currently paying rent on time. Renter lived in the house for 7 months and moves out, but continues to ...
6
votes
2answers
3k views

Is it legal to backdate an agreement?

On Workplace.SE, "My employer wants me to a sign an NDA that is backdated more than 2 years" describes the following scenario: OP is an employee working on a project OP has been working (for 7 years ...
6
votes
3answers
364 views

Can landlords refuse to show you contract prior to application?

I've seen some landlords refuse to provide a sample residential lease contract prior to making an often non-refundable application, in California and other states. Is it legal? Aren't you supposed ...
6
votes
1answer
288 views

What Constitutes Possession in a Shared Living Space?

I am currently a college freshman living in a suite style dorm. As freshman like to do, two of my three roommates like to party and drink. At first there were just small gatherings, but as of late ...
5
votes
3answers
551 views

Are cops required by law to have “reasonable suspicion” in order to detain a person? If so, do they have to inform the detainee about the suspicion?

I was stopped while cycling on hwy 59 in Texas, about 50 miles south of Huston. Officer started asking me questions about my travels. I asked: "Have I done anything illegal? Officer: "No, but I ...
5
votes
2answers
1k views

Hypothetically walking the line between pornography and prostitution

Throughout this question I will reference the Texas Penal Code for concrete examples as Texas is my home state. The Texas Penal Code clarifies explicitly what is considered prostitution in the state ...
5
votes
1answer
1k views

Is it legal to let people search for professionals by gender?

Prompted by the list of injunction demands from a recent lawsuit against Uber, I'm curious whether or not it's legal in California, Texas and elsewhere to discriminate on a profession such as a barber ...
5
votes
1answer
4k views

Is there a recourse against UPS for not delivering packages on time?

I have a "new" address and ZIP code that appears to confuse UPS and consistently causes them to delay delivery of packages to me. I've tried filing complaints with UPS itself, but to no avail: I ...
5
votes
1answer
274 views

When a PI is conducting surveillance, why is audio enhancement considered wiretapping

Most Texas PIs seem to consider the use of audio enhancement technology to be wiretapping. But they do not seem to consider video or photography enhancement technology to be the same. A Texas PI will ...
5
votes
3answers
482 views

Can non-lawyers help people study law and do small claims?

Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
5
votes
3answers
9k views

Is following the flow of traffic a valid speeding defence in Texas?

As per the summary at http://www.mit.edu/~jfc/laws.html, Texas is one of the three states where there are no absolute speed limits -- a speed in excess of a posted limit is prima facie evidence that ...
5
votes
1answer
84 views

How can one go about amending the law?

If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it? For example, in Texas, a lot of landlords ...
5
votes
1answer
132 views

What happens if I buy a stormwater basin from a property tax auction?

I've recently been reviewing property that is available either at auction or for immediately for purchase from the various counties in the state of TExas. Most of them are simply what you would expect,...
4
votes
1answer
2k views

Does Texas have a legal right to leave the Union or secede?

Many people, possibly even including recent Texas governors, think that Texas has a right to secede from the Union. Does it, or does it not?
4
votes
1answer
169 views

Is it legal for an apartment complex to have me sign a lease and never discuss the fact they do quarterly inspections?

So I just moved in to an apartment complex, I have historically always rented from private persons and they usually have been houses, but I was new to the Austin, TX area and needed to get my family ...
4
votes
1answer
82 views

I was late to file a report in auto accident

A guy hit my car about 3-4 months ago, it was fairly minimal hit on my front passenger door. since it was his fault, he offered me to help me by fixing it at his dad's for free rather than calling ...
4
votes
2answers
427 views

Public domain status of works by the state of Texas

Stuff written by employees of the US government as part of their employment are supposed to be public domain simply because they're a US government employee, per Wikipedia. So what about for the ...
4
votes
1answer
139 views

Did the judge try to order me to pierce the corporate veil?

In a legal proceeding a couple of months ago, I was unfortunately at the disadvantage of not being represented by my attorney. (There is a reason which is unrelated to this question.) I'm not a ...
4
votes
2answers
13k views

Under what circumstances can the police detain you?

after watching the video about the recent fiasco in Mckinney Texas I was curious about whether any of the teens that the officer pulled over had the legal right to just walk away. Under what ...
4
votes
1answer
218 views

When does a mortgage rate bait and switch become fraud?

I'm currently in the process of buying a house. Once the price was negotiated and agreed upon, I solicited quotes from various mortgage brokers. One offered a lower rate than the others, so we picked ...
3
votes
1answer
320 views

Credit union holding car note, refuses to provide details of how payments have been applied

A credit union financed a car note for me. I never knew them before the loan transaction and I only have the car note there. Recently, my payments seem to not lower my loan balance as much as it ...
3
votes
1answer
102 views

Minor in violation of curfew on his property

My son, who is trying to do the right thing, asked if he could be in violation of a curfew if he was in my (his) front yard after the curfew began. Where does and does not count as an allowed area ...
3
votes
2answers
236 views

can the location of a smart phone at the time of arrest negate a suspects protection against unreasonable search and seizures?

Incident Background Info: 1. In 2015 A suspect is arrested, and is in possession of a Smart Phone which is locked, and needs a password to gain access. 2. Suspect is pulled over for speeding, and a ...
3
votes
1answer
425 views

Can a Texas landlord have the rental contract microscopic / unreadable?

My landlord in Texas has the whole residential lease contract formatted for Legal paper, but, for whichever reason, they instead print the PDF as zoomed out on Letter, and the whole thing becomes ...
3
votes
2answers
179 views

Can the DA refuse me discovery because I'm pro se

When I started to strongly feel that my court appointed atty was trying to get me "the best deal" rather than actually defend me against a crime that he admitted there really wasn't evidence I ...
3
votes
1answer
216 views

How can auto sale contract be breached

Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it. Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
3
votes
1answer
204 views

Is crypto legal in a weapon-free zone?

To expand on Is the right to keep and bear crypto protected by the Second Amendment?, since in the U. S. of A. crypto is considered munition (Bernstein v. United States http://export.cr.yp.to/), is it ...
3
votes
1answer
2k views

Do landlords in Texas really have a duty to mitigate?

Texas State Legislature has the following Statute on the books: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a ...
3
votes
1answer
101 views

How understood must an employee's firing be in order to be effective?

I used to work as a contractor for a construction company, when one day, a manager brought me over and casually said "I'm letting you go." So I checked out early because I had asked to go home early ...
3
votes
1answer
4k views

What legal protections exist for employees who suffer customer abuse?

I work as a minimal wage, over the phone technical support agent for Verizon. How customers are treated on a company wide systemic level is centered around low wage workers like me pacifying at least ...
3
votes
2answers
3k views

Jurisdiction of Texas Rangers in Louisiana?

I understand that Texas Rangers are responsible for killing Bonnie& Clyde in North Louisiana. Is it lawful for a Texas Police Agent to engage a citizen in New York City?
2
votes
3answers
2k views

I was fired for refusing to work with Typhoid, do I have any recourse?

I was fired for not showing up to work as ordered. This is after explaining to my boss over the phone that I have Typhoid, and working with food would endanger the guests to the restaurant/arcade at ...
2
votes
2answers
384 views

Could a prosecutor hint the jury about past dismissed cases?

In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record. ...
2
votes
2answers
242 views

What is the process for obtaining an anonymous internet poster's identity for a civil lawsuit?

An anonymous person can, given some effort and a minimum of expertise, ruin a person's life on the internet through defamation. (The popular method currently is to forge authentic looking screenshots ...
2
votes
2answers
181 views

failure to ID in the state of Texas

I was pulled over and the cop said that the reason was that when he ran the tags he couldn't find insurance on the car. A former officer told me that, that is not a reason to pull someone over. He ...
2
votes
1answer
52 views

Does expungement of a case refer to online history?

When a court's expungement order stipulates that all entities with related data to the case, and data collection and data reseller companies destroy any and all records related to a case; does this ...
2
votes
2answers
2k views

Can you be given a too-close-to-stop-sign citation if area was unmarked?

If there is a nice spot on a city street in Austin, Texas, and a lot of cars often park there without getting any tickets, and it is not marked with the no-parking-here-to-corner sign (even though the ...
2
votes
3answers
2k views

Can you get Discovery on an Austin TX traffic citation before requesting a trial / appearance?

In Austin, Texas, you are given several options for an alleged traffic speed violation, which, other than the Request Trial and the Pay options, include a Driving Safety course option, and a Deferred ...
2
votes
2answers
96 views

How does “mistake of fact” apply as defense in the Amber Guyger Case?

Amber Guyger was convicted of murder: entering the apartment of Bothum Jean and shooting him. She claimed she thought she was in her apartment. How would a defense of "mistake of fact" apply in said ...
2
votes
1answer
167 views

Public Schools and Religion

So today at school (I go to a public high school in Texas) a substitute teacher told a kid to stop saying Jesus Christ. I was wondering if the teacher has the authority to do this? It was clearly for ...