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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1answer
20 views

Sworn statement from Chief of Staff on President's intent:isn't that hearsay?

Trump made two tweets (here and here) which (on a surface reading) would seem to be him ordering the complete declassification of all documents related to the Russian investigation. In response, ...
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1answer
20 views

What happens when a public institution in the US engages in segregation?

After the passage of Civil Rights Act what's the formal process to bring charges against schools, government institutions, or businesses that engage in segregation or other variations of "...
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1answer
28 views

If a judge evidences a misunderstanding of the law is that grounds for an appeal?

In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
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1answer
71 views

Ideologically motivated jury nullification

I was thinking about the idea of jury nullification. Let's say somebody does not believe in drug laws and knows about jury nullification. They get selected onto a jury. They are selected without them ...
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2answers
37 views

Is there a difference in a lawyer's culpability between “negative” and “positve”malpractice?

By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing. By "positive" malpractice, I mean a sin of commission, ...
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1answer
64 views

What happens if a “small estate” stops being small?

Let's say that a "small estate" (for example, in New York, under $50,000) is resolved through a Small Estate process. Letters of Administration are issued for a few small accounts. And then, ...
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1answer
36 views

Can someone from a non-English speaking country and university apply for universities inside Canada or US without TOEFL or IELTS?

Someone at OneKeyVisa immigration agency told my friend that she can apply for and get accepted to US universities and get her Student Visa without any English test scores and then request some ...
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1answer
107 views

Is it legal for someone to sell access to an American politician?

If someone knows an American politician that is currently holding office well enough that they could schedule a dinner and bring a guest, is it legal for them to offer to set up a meeting with the ...
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1answer
57 views

Will the license I am writing hold up? [closed]

I am writing a software license for my software that I wrote and I wondering if I could take someone to court if, for example, they shared the source code. My goal is to have a license that you can ...
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1answer
4k views

Does copyright law protect a translation of an ancient work from being translated into a third language?

Jurisdiction: California, USA. If a book was written in Greek two thousand years ago, and someone translated it into English more recently (say, yesterday), and then someone else wants to translate ...
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0answers
24 views

Is posting in blog format notes from out-of-print book where some content is original and other content is copied word-for-word illegal?

The out-of-print book is Commutative Algebra by Matsumura. For example, you can't buy it on Amazon. I take notes, solve the exercises, but sometimes in my notes (typed) I just copy word-for-word what ...
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1answer
180 views

Compensation for gays charged under sodomy laws after Lawrence v Texas

I’m not an American or legally trained, but I’m wondering if there has ever been any compensation awarded to homosexuals fined under sodomy laws, after those laws were found to be unconstitutional. My ...
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1answer
50 views

By what laws can the DoJ be the plaintiff for breaking confidentiality of the First Lady?

Quoting Techdirt: On Tuesday, the Justice Department sued Stephanie Winston Wolkoff, a former close friend of the First Lady, Melania Trump, who recently published a book about her relationship with ...
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1answer
93 views

Can a school prevent a child from saying the pledge of allegence “under satan”?

Lets say my body reverted back to the to match my mental maturity level and I became a kid again. During school when everyone stands up to say the pledge of allegiance I proudly declare "I ...
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1answer
54 views

Difference between bail and bail bond?

On a TV show recently I heard the judge say: "Bail is set at 15 million dollars, 5 million dollar bond". What does this mean? I am familiar with a bail amount, but is this a total of 20 ...
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1answer
124 views

Special immunity that newspapers do not enjoy

Pai said in a statement Thursday. “Social media companies have a First Amendment right to free speech. But they do not have a First Amendment right to a special immunity denied to other media outlets,...
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1answer
124 views

Is it legal for a private school to make COVID testing mandatory?

The CDC writes: It is unethical and illegal to test someone who does not want to be tested, including students whose parents or guardians do not want them to be tested. I presume its not talking ...
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2answers
61 views

Is Twitter liable for its content?

Twitter has allegedly censored a New York Post story alleging possible corruption by Hunter Biden and, by implication, Joe Biden in overseas business dealings.[1] Sen. Ted Cruz on Thursday said ...
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0answers
56 views

The loan company refuses to credit my account, even after the bank has proved that they received the money

I live in the state of California. Recently, I paid off a loan. My son assisted me by making two of the payments for me. We made the payments directly to the loan company by bank debit cards. The loan ...
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1answer
57 views

Does double jeopardy apply for different charges of the same case? [duplicate]

Lets say there is a serial killer who sexually assaults their victims before killing them. For the sake of argument, lets say prosecutors fail to successfully charge them with murder the first time ...
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3answers
608 views

Copyright Enforcement of Specification Sheets

For the sake of keeping this question focused, I am limiting the subject matter to technical data sheets. More so, to electronic component data sheets. I.e. for such components as resistors, ...
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3answers
9k views

Could the federal government ban people from drinking coffee?

Which amendment does this statement violate? The federal government refuses to allow anyone to drink coffee.
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1answer
62 views

Legal benefit for empty security deposit letter?

I had to suddenly move out of my apartment due to a mold issue. Instead of continuing trying to fix it the property manager asked if I would like to break lease, and I gave thirty-days notice and had ...
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0answers
29 views

Is Verizon laying fios in DC an easement?

In general, wanted to know what rights are granted to Verizon has when they come lay their FioS personal or business service wires. What are applicable city laws, specifically for District of Columbia,...
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1answer
23 views

Filing Requirements for a Federal EIN

I am part of a university student organisation in Texas, and we have an EIN, a bank account, and a PayPal account. We only exist at one university, and are not affiliated or associated with any larger ...
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2answers
111 views

Are there advantages to forgiving a mortgage

I hold a mortgage on a house owned by a relative and his wife. They made the monthly payments for a few years, but haven't paid anything for more than twenty years. Now that relative has died, and his ...
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1answer
49 views

How does a subject access request differ from a freedom of information request?

Is it similar to the distinction in the USA between a FOIA request and one made under the Privacy Act? Corollary: what is the origin of the Subject Access Request system, and why does the name seem to ...
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1answer
52 views

Playing copyrighted music legally -> personal and small group usage

I play guitar. I just want to know what is legal or not regarding my playing copyrighted music. I understand that performing in public (whatever that means!? Formal event? More than just me? Other?))...
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1answer
30 views

Does city municipal code apply to the towns that are part of it in New York?

I was reading the Towing Municipal Code for the City of Rochester (New York, USA) and was curious if the municipal code applied to my jurisdiction. Specifically I reside in the Town of Henrietta and I'...
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1answer
133 views

Anti-monopoly laws in the United States and Google

I am trying to understand what are the circumstances under which a corporation in the US is deemed a monopoly and can face legal consequences for it. More specifically, I am interested in why Google ...
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2answers
57 views

Is PR advice from a lawyer to their client privileged?

From this tweet: Wow. Marjorie Greene's attorney, @LLinWood, just accidentally texted to me his advice TO HER about how to spin my new article about her: It is too long and all over the place. ...
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1answer
1k views

If the seller of the house leaves their belongings inside, do they automatically become the buyer's possession when the transaction is complete?

I've had a peculiar situation recently while buying a house in Washington: During the initial viewing I've noticed that the garage is full of boxes with various items After signing the purchase ...
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4answers
5k views

Is it illegal for a US voter to disclose their ballot choices?

This is a follow-on question from Politics SE, wherein several participants claimed that it was illegal for a voter to divulge their own ballot choices. As this is purely a question of law, rather ...
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2answers
7k views

Is the typo in the 25th amendment significant?

The fourth section of the 25th amendment to the US constitution provides for the president to be declared unfit involuntarily. The first of its two paragraphs describes the declaration itself, made ...
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1answer
91 views

Does the U.S. Fifth Amendment prevent one from being tried again for the same crime?

I have a question about the Fifth Amendment. Imagine I committed a crime but I was acquitted at trial. After some time, some new evidence came up showing that I did do it. Does the Fifth Amendment say ...
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0answers
36 views

Must a US cabinet member be notified of being fired?

If the US president decides to fire a member of the cabinet, does the president have to arrange for a notice of the firing be served upon the cabinet member? If so, who can serve such a notice?
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0answers
37 views

Is it legal to establish a startup with an F1/H1B visa? If not, what other options are possible? [closed]

I am going to be an F-1 international student going for undergraduate CS studies this spring. According to the terms of the F-1 visa, I don't think I am allowed to start my own company. I can only ...
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2answers
151 views

Blackmail is illegal. But how is that enforced pragmatically?

I am a total layman and I don't have any experience in the field of law. Please keep this in mind when responding to this question. Obviously blackmail is illegal. However, I have always wondered how ...
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0answers
86 views

Has a pedestrian ever been fined for not wearing a mask in California?

California has a statewide mask order. However, I see people violating it all the time: pedestrians getting closer than 6 feet to each other while not wearing masks. (Occasionally, I also see people ...
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0answers
21 views

Diversity Visa and J-1 applications

My wife is planning on applying for a diversity visa which in case it materializes will only happen in 2022. In the meanwhile, there is a possibility she may get a job sometime before that ...
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0answers
52 views

Breaking text message marketing “promise”

A business offers a signup on their website for a text club that will send recipients deals for the business. The signup promises "We'll only text you when there's a deal." But the texts ...
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1answer
250 views

Could the 14th amendment, section 3, keep Trump from holding office for a second term?

It seems widely agreed upon that even if a President breaks a law, he can only be removed from office through the impeachment process. However, could an incumbent president who wins a second term be ...
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1answer
50 views

What contract(s) for a punishment

When I refer to punishment contract I am referring to a punishment for after someone loses a game and or another scenario. Basically there is two to three people. Person one is the person that is ...
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1answer
37 views

any restrictions on transferring money from personal to business account

I'm starting a company and was wondering if I can use the income from my day job to fund my company until things are up and running. Basically I'd transfer funds from my personal account to the ...
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1answer
34 views

Bankruptcy Chapter 8

Why there is no chapter 8 bankruptcy? I am a novice in law with no background in legal studies, but in business news, companies file for chapter 7 or chapter 11 bankruptcy. I am wondering what are ...
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1answer
227 views

Can I right-turn on red if all cars must turn right but bicycles can go straight?

In this intersection, if the sign is red, can cars turn right if safe to do so? Location: 150 E San Carlos St. , San Jose, California, USA. https://maps.app.goo.gl/KEw3BWtFLXMZGGiG8 Notes: There's ...
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1answer
82 views

A plaintiff's “not guilty” verdict in a defamation suit

Scenario: John Doe is charged with murder, tried before a jury, and gets a "not guilty" verdict. After the verdict I publish commentary saying that the jury got it wrong and Doe is ...
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1answer
157 views

Will the next Congress (2021) be sworn in on a Sunday?

The 20th Amendment of the U.S. Constitution states Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives ...
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1answer
40 views

Could the US Senate confirm a new supreme court justice during the lame-duck period?

The Republicans are currently trying to confirm their candidate for the Supreme Court before the election. Today it was announced that the senate will be on break for a few days due to several corona ...
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0answers
22 views

Could someone be liable if they intentionally congregate after testing positive for coronavirus?

As I understand it, in most states it's a criminal act to knowingly engage in unprotected sex if you know you have a sexually-transmitted disease and don't inform your partner. If the disease is life-...

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