Questions tagged [united-states]

For questions specific to the United States as a whole, or that span multiple state jurisdictions. If your question is related to a specific state then you should use that state's tag instead (or as well).

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42 views

Is firing for unionizing legal? (The Office, S2E15)

In Season 2, Episode 15 ("Boys and Girls") of The Office (U.S. series), the warehouse workers in the Pennsylvania branch of the New York-based company begin deciding to unionize. Vice President of ...
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24 views

Has the selective draft been tested constitutionally and how has it been defended as being fair gender discrimination?

This question is related to this one. What is the history of the selective draft and how has it's constitutionality been tested and defended? It is not as if women cannot be drafted, it is the case ...
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24 views

Can I expedite the process of having my name changed on all public and private records accessible to employers and private citizens?

I legally changed my name in 2018 and reported it to the Social Security Administration. I also reported it to a few banks and creditors that I do business with. As you can see from a similar ...
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58 views

Can land lord prevent room sharing overnight due to religious reasons? We both pay rent separately and have two separate rooms

Landlord is trying to prevent bf and I from sleeping in one room overnight. We both have our own rooms. However I mostly just use it to change and store my stuff. He made a written agreement after I ...
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1answer
59 views

New Internet Company is trying to make me pay double for the same service

I've been a customer of NewWave Communications as my home internet provider in Sour Lake, Texas for 10+ years. We are in a rural area and don't have many options in providers, so I'm pretty much stuck ...
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1answer
1k views

Is it legal to sell suspected or proven counterfeit US currency?

If someone ends up with suspected counterfeit US currency, what can they do with it? Obviously tendering it for goods or services would be illegal. Handing it in for analysis and eventual ...
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0answers
53 views

Is there any legal form of cannibalism?

Is there a legal form of cannibalism anywhere in the U.S.?
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1answer
69 views

Does Evidence Have to be Legal in Both the State Where it is Created and Where It is Adjudicated?

Suppose Suzie in Alabama calls Bonnie in Arizona, and records the call without telling Bonnie. Alabama and Arizona are both one-party consent states, so this recording is legal. Suppose that for some ...
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1answer
108 views

Does one have legal right to access possessions “land locked” in a co-tenant's room?

Alice has possessions in a storage closet that requires traversing roommate Bob's bedroom to access. There was a preexisting oral agreement granting Alice reasonable easement. Bob eventually decides ...
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3answers
63 views

Life insurance and taxes: Does a sole beneficiary need to tell other heirs? (Utah)

Situation Updated A sibling died. There are several heirs. One heir was named the sole beneficiary of a life insurance policy, who received and deposited the check. There is no will or other ...
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2answers
49 views

Does having an absentee ballot request approved mean it's legal to vote using that ballot?

I'm an American living abroad and I'd like to register to vote. I'm trying to figure out in which state I can vote. I was born in Pennsylvania and lived there until the age of 21, then moved to ...
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24 views

Is ETL or UL necessary to retail AC chargers?

Theoretical: I wish to import and sell wall chargers in the USA. I realize it is a good idea to get a safety certificate that signifies my product meets national safety standards to avoid being sued....
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1answer
76 views

Does Prepaying the Last Month of Rent Lock in the Rate?

Suppose A rents a property to B for six months. Initially, the rent is $500 per month, but A requires first and last upfront, so B pays $1000 plus deposit to move in. During month 4, A raises the ...
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1answer
20 views

Does an E2 visa allow someone to work in the US unrestricted

I have an E2 Visa for the USA, this has a named company on it. What I’m unclear about is - does this allow me to work in the US for anyone? Or does it restrict me specifically to that company.
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56 views

Who is responsible if a minor drinks alcohol leftover by a restaurant patron?

Let's say you walk into a restaurant and order a meal with some alcoholic beverages. At the end of the dinner you pay for your meal and exit the restaurant, leaving some leftover alcoholic drinks on ...
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2answers
83 views

Are there any legal theories under which New Hampshire's first-in-the-nation state primary law could be upheld or struck down federally?

With the 2020 Democratic primaries underway, the role played by the early states (particularly Iowa and New Hampshire) is again under scrutiny. Let's suppose that in 2028, one of the parties decides ...
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1answer
88 views

Can i trademark a 10-year-old-dead-trademark?

According to US law, if trademark 'ABC' has expired under 'Section 8/9' more than 10 years ago(2010), and has not seen any activity so far, can i trademark it?
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1answer
88 views

How can the burden of proof be shifted on the defendant?

NOrmally, the burden of proof is on the accuser (plaintiff). But my understanding, from reading the link, is that if the accuser makes a prima facie case, the burden proof can shift from the accuser ...
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1answer
39 views

How does preponderance of evidence work in the following tort scenarios?

My understanding is that the burden of proof in a tort case is preponderance of evidence. that is, more likely than not. Consider the following: Defendant hits the plaintiff. The plaintiff suffers a ...
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2answers
137 views

Is it legal (and sensible) to point rifles and guns at people randomly as they do in many movies?

Even when you are in your remotely located house, and somebody knocks on the door, and you bring your rifle or gun to the door, open the door and point it at the visitor, asking them to tell you why ...
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31 views

What does the article of this will mean in layman's terms?

ARTICLE III I specifically device and bequeath a life estate of my real property located at LOCATION unto PERSON1 as long as they reside there upon and reasonably maintains the same with the ...
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1answer
61 views

Car towed from shopping center, can prove towing company is lying about the time my car was parked

My car was towed from a shopping center in Santa Clara county. I had parked at the said location around 8pm. I got my car released from the towing company after paying $450. The release document says ...
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19 views

signature requirements on deed

I understand that deeds, which are used to transfer real estate, are not governed by the Uniform Commercial Code. The UCC signature requirements allow a wide range of methods for executing a signature....
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39 views

I was ticketed for 'driving an unregistered vehicle' in NJ, depsite having registered it the day prior?

I was pulled over while driving in NJ for allegedly being on my phone while I was driving (NJ 39:4-97.3). Don't recall definitively if I actually was or not. What I am more curious about is that I had ...
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2answers
52 views

What's the difference between “void” and “voidable” as it relates to duress?

There are two types of duress. Those that result from threat of physical harm, can "void" a contract, and those from non-phsyical threats make a contract "voidable." What is the difference between ...
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1answer
81 views

Drinking alcohol before DUI inspection

As a hypothetical question: A driver crashes his or her car and anticipates that the police will eventually come and conduct a field sobriety test. The driver then, after the crash has occurred and ...
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3answers
13k views

Was it illegal for Nancy Pelosi to tear up her copy of the State of the Union address?

President Trump has claimed it was illegal for Nancy Pelosi to tear up her copy of his State of the Union address, as it was an official document. Is there any law stating that it is illegal to tear ...
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0answers
27 views

Did the DNC waive attorney-client privilege?

In a legal complaint filed by Carter Page, paragraphs 20-22 assert that the DNC waived attorney-client privilege when Fusion GPS disclosed that law firm Perkins Coie had hired Fusion GPS to assist in ...
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2answers
90 views

Insider trading and time travel

For purely academic purposes. This is not an ethics question. John works for Google. Google decides to release a new social media network called Google+. The launch causes every Facebook member to ...
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0answers
46 views

Can a retail tenant call a tow company to tow a car in private property?

We have a retail space at first floor of an apartment complex building. There're 4 parking spaces in the building that assigned to us for employee parking only.(The parking lot it separated with ...
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0answers
36 views

Is it fraudulent to run two similar companies for splitting out debt?

I started a reconstruction project about 2 years ago. I signed a contract with a building firm, let's say A, including a reconstruction plan of about one year. One year and 9 months later the ...
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0answers
46 views

Are open source RAT's legal?

I've been working on a Remote Administration Trojan (Malware) for fun, simliar to Quasar. I would like to publish the software on GitHub as an open-source/free to use tool for under the MIT license. ...
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1answer
50 views

Is breaching ToS of installed software automatically a copyright infringement?

Suppose entity X offers some software (maybe for free, maybe for a price) bundled with some terms of service. Suppose person Y (after paying any relevant price) installs the software following X's ...
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30 views

California news media defamation damages and actual malice

California Civil Code 48a concerns libels in news media: (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, ...
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6answers
8k views

What will happen if someone/a group can't be confirmed that they commited a crime?

What will happen if (Bob) with 6 friends murder a person (Jake) in a room with 20 people, but after the police arrive they can't confirm which people in the room committed the crime? What will happen ...
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1answer
46 views

Philippines - United States

Just wanna ask is there a way to file a case to a person even though we are here in the Philippines? Our CEO from the US put a business here and then after 3 weeks of hiring us, they shut down the ...
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3answers
80 views

How far does professed ignorance of a critical fact go to prove professional negligence?

Plaintiff is suing a surgeon for complications that arose from the application of anesthesia. Assume that this has already been established as the cause of the injury. The following exchange takes ...
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0answers
38 views

Open Source Brand Infringement

I'm going to avoid using real names here, but this situation is real. There's an open source software called Foo which is used for cooking recipes that's been around for about 13 years and it's ...
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0answers
82 views

Can I legally trap someone on my property that has committed a crime?

Let's say that someone comes onto your property with the intent to commit a crime. Not only that; let's say that you suspected this person would come to commit a crime, and you created a one-way door ...
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0answers
15 views

Add Additional Beneficiaries To A Irrevocable Trust

In the USA, an irrevocable trust is set up and funded for individual #1. Can an additional beneficiary be added later by the original donor? I originally asked this in Personal Finance but it was ...
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1answer
50 views

How much easier is it to win “out of pocket” damages than “opportunity” damages in a tort case?

Plaintiff is an athlete that was drafted out of college (or even high school) by a major league ball team. He has just finished working his way through the "minors" and was promoted to the major ...
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40 views

Research basis for left-lane passing laws

-- Question -- Does anyone have links to research indicating that: impeding the flow of traffic in the left-most lane causes more accidents than speeding. -- Context -- I want to drive at or ...
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2answers
95 views

Adoption niece and uncle marriage

Im needing some advice for my sister who is dead set on trying to figure out a way to try to marry her fiancee who is her uncle. But my sister is 29 yrs old and she was adopted in tx at 17 and ive ...
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1answer
78 views

Blizzard's EULA for map editor claims that all content created in it is their sole property

Recently release Warcraft III Reforged's EULA includes this passage: Ownership Custom Games are and shall remain the sole and exclusive property of Blizzard. Without limiting the foregoing, you ...
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1answer
42 views

Is the press allowed to make initial contact with jurors after a trial?

In the United States, jurors sometimes speak to the press after a trial, sometimes many years later. Does the press have a legal way to make initial contact with jurors directly, or indirectly such as ...
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0answers
42 views

How is a bench trial simpler, or less costly than a jury trial?

My understanding is that a bench trial is one in which there is no jury because the judge is allowed to be a finder of fact as well as a finder of law. In a particular tort case, the facts are fairly ...
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0answers
18 views

LLC Registration - Ecommerce, All States Required?

As far as I can tell, for certain, in the USA, one must register an LLC in the state of operation. However, if you're an ecommerce site, you may be doing business in all states. I believe rules of ...
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1answer
29 views

Paid sick leave for full-time employee in DC

According to the District of Columbia’s Accrued Sick and Safe Leave Act, both full- and part-time employees to be paid sick and safe leave for use under certain circumstances. I'm working as a ...
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1answer
60 views

Dealing With A Private Institution Policy To Inspect All Encryption-capable Devices Leaving The Country

I am a student recently admitted to the University of Cincinnati, and I noticed something very peculiar and frightening in section 3.11 of their technology code of conduct. In light of clause 3.1, "...
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63 views

Is it actually possible to go to jail for jamming?

There seems to be abitrary varying FCC fines for using a jammer but no details on jail time. What is the actual jail time guideline for civilian jamming, ie jamming your neighbors wifi but not ...

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