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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Is it possible for there to be granted a non revocable power of attorney?

Suppose A is on in years and grants B power of attorney for them to assist in managing their affairs. Then A comes to distrust B and would rather reassign the power of attorney to C. Can B block, ...
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If I am part of a family trust but was under age can my grandmother or mother settle in court for a lump sum of money and have me taken off the will

My great grandfather left a family trust my grandmother says she sold my portion in court to the trustee but I was under age is that legal I am from California U.S.A
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Is it legal to "sneak into Mar-a-Lago"?

This article lists six ways to "sneak into Mar-a-Lago." It says "it’s not illegal to go places you don’t belong," but most of the ways listed seem like fraud and/or trespassing. Is ...
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3 votes
1 answer
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Is it legal to create a corporation for no reason?

Suppose a group of friends randomly decide to start a corporation and do nothing but have meetings and file paperwork, because they enjoy meetings and paperwork. While this isn't something most people ...
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Is it insurance fraud to intentionally let your car be stolen?

Suppose someone wants to "sell" a car but nobody will buy it. The owner has an insurance policy that covers theft. Is it legal for the owner to intentionally leave it unlocked in a high-...
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14 votes
3 answers
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Is it false advertising to call a closed-source program "open"?

IIRC, a court recently ruled that calling closed-source software "open-source" in marketing is false advertising. Does this apply to "open" on its own? For example, is the name of ...
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2 votes
2 answers
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Will re-creating or designing a typeface after a custom typeface for a company infringe on its trade dress?

The video games Artifact, Dota Underlords and Dota 2 (all made by Valve) use a custom typeface on its UI, not sold comercially (it is called Radiance). If I recreate this typeface by creating a ...
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5 votes
3 answers
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How far does legal gymnastics go to remove liability?

Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all ...
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1 vote
1 answer
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How did balance of probabilities come to be called preponderance of the evidence in the US?

The civil standard of proof is rather than "beyond a reasonable doubt" (what criminal standards of proof are called in both England and the US), either the balance of probabilities or a ...
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4 votes
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Are there any circumstances where the court could order authorities to seize subpoenaed materials in a civil suit?

As the title. I am aware that there are a number of punitive measures courts can take when parties do not comply with discovery. Is there point where the court can order the collection of materials by ...
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4 answers
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Is there ever any consultation between judiciary and legislative draftspeople?

Often one sees judges attempting speculatively to infer legislators' intents by reasoning about their language. Yet nonetheless the objective seems to be to ascertain the legislators' original ...
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Can this be considered to be self-defense under U.S. laws (graphic video)?

The video is graphic. The store owner stabs a robber multiple times when his life wasn't threatened. Can this open him to criminal and civil lawsuits? https://www.youtube.com/watch?v=RCu4G_ZkBI0 I don'...
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4 votes
1 answer
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Is it legal (in USA) to charge for scraped (public) datasets?

I recently came across ScrapeHero which publicly sells scraped datasets of various kinds. Store locations, product lists etc. Example: IKEA USA locations. Is it fully OK in USA to simply state that ...
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24 votes
1 answer
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Was Alex Jones's attorney handing over phone-record evidence a "mishap" or required by law?

CNN reports on Alex Jones's case regarding Sandy Hook as follows: Jones, who was the sole witness for the defense during the trial, did not fare well Wednesday as he was cross-examined by the ...
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1 vote
2 answers
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Must a work be "essential" for fair use to apply?

In comments on this answer (now moved to chat) user supercat wrote: While there seems to be a belief that use of short clips is automatically fair use, a key requirement of fair use is that the ...
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4 votes
1 answer
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When a person intentionally misrepresents items to a self-checkout machine to save money, what crime is being committed?

There are plenty of ways that people "trick" self-checkout machines into giving them discounts. Some popular ways include: When the machine asks what item is being weighed, intentionally ...
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3 votes
0 answers
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Tax Responsibility - American Remote Work in Toronto

I'm an American software developer working for an American financial services company that only services American citizens and permanent residents. I am a remote worker who lives and works in Michigan....
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2 votes
2 answers
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Does Google have a right to block our app for trademark use?

In a recent app store update, we've included in our description the names of several brands that we support through functionality in our app. Some if not all of these names are trademarked in the ...
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2 answers
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In INA 212(a)(9)(B)(i), what does "other than an alien lawfully admitted for permanent residence" mean?

INA 212(a)(9)(B)(i) states that Any alien (other than an alien lawfully admitted for permanent residence) who— (I) was unlawfully present in the United States for a period of more than 180 days but ...
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10 votes
4 answers
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At what point does something become theft?

Let's say Bob enters a store and he only needs to pick up a few small items. The store provides shopping carts but he doesn't use one. He grabs the small items he needs and to transport them to the ...
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2 votes
0 answers
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Can you be denied a concealed weapons permit in NY if you don't have social media or give references?

Since the Bruen decision, NY has changed the requirements to get a concealed weapons permit. They have since required applicants to demonstrate “good moral character” and (1) attending an in-person ...
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25 votes
5 answers
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What would happen if qualified immunity is ended across the United States?

There is a growing movement to eliminate qualified immunity for Police officers in the United States. What would happen from a legal perspective if this actually happened? Can officers be personally ...
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1 answer
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Does John Demjanjuk ruling theoretically jeopardize members of the US armed forces residing on German soil as parts of a "mass murder machine"?

Does this decision/ruling mean that an American soldier can not safely cross German soil due to universal jurisdiction? Practically speaking given the international political dynamics I don't suppose ...
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2 answers
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Can an improper prosecution defeat the double jeopardy rule?

If a case is brought under let's say murder and it is deemed the incorrect law to have charged the defendant with. Let's say due to an incompetent DA if the defendant is found not guilty because of ...
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45 votes
16 answers
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In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

I often heard that the US are somehow exceptional in the freedom of speech that they provide to their citizens via the first amendment. However, I never saw an actual comparison with, say, European ...
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12 votes
4 answers
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Could one house of Congress completely shut down the other house by passing a large number of frivolous bills?

Suppose that for some reason, the House of Representatives wants to stop the Senate from doing anything. Could they accomplish that by passing hundreds of frivolous bills, so the Senate would be stuck ...
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1 vote
1 answer
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What rule, law or principle mandates police to separate those making statements in a police report to prevent adjustments of statements?

Say person A makes a police report, and person B is present to overhear the statement of A. The police knows the fact B overhears the statement of A. A makes false statements (negligent, reckless, ...
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4 votes
1 answer
661 views

Can a chamber of Congress pass a bill that the other chamber passed in the past?

This is essentially a civics question, but I cannot find the answer anywhere. Could, for instance, the Senate of the 117th Congress take up a bill that was passed by the House of the 116th Congress, ...
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20 votes
2 answers
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Is it legal to download and run pirated abandonware because I'm curious about the software?

Is downloading Windows 95 and running it just because I'm curious about it legal? Purpose and character of the use: it's noncommercial, and I am doing it to learn about the software, but I'm not sure ...
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0 votes
1 answer
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Obnoxiously loud music from a festival

There's a local annual festival that plays their music really loudly. I can hear it from three and a half miles away, and it's really annoying. There are houses just a few hundred feet away; I'm sure ...
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-2 votes
1 answer
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What kinds of injuries are covered by Social Security?

I am injured (by sports injury) but was called schizophrenic. I am a bartender, otherwise I will not take fraud as income. For this I looked into the 2018 National Beneficiary Survey (next one ...
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31 votes
5 answers
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Lawyer says bumping software’s minor version would cost $2k to “refile” copyright paperwork. Is this typical?

I work at a small company as a software engineer. I have very little knowledge of copyright law, so forgive me for my naïveté. Recently, my company started filing paperwork and handing over several ...
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0 votes
1 answer
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Unemployment standards

Is it possible to still be able to recieve unemployment due to depression with family matters having agreed with employer and person that resigning due to family matters causing one not being able to ...
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1 vote
1 answer
43 views

MongoDB Wire protocol: Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License

MongoDB Wire Protocol Specification is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License. So as per the license, we may not use or adapt this material ...
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-1 votes
1 answer
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Marijuana Reclassification

"Marihuana" is a Schedule I drug. What will it take for marijuana to be reclassified into a federally legitimate (available anywhere over the counter and could be used recreationally by ...
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0 votes
2 answers
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Is there any restriction as to how states choose presidential electors?

If I understand correctly, state legislatures are empowered to select electors, but all of them have chosen to allow a popular vote. How much discretion do they have in choosing methods for selecting ...
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13 votes
2 answers
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Would it be legal to erase, disable, or destroy your phone when a CBP agent attempted to seize it?

If a Customs and Border Protection agent demanded that I give him my phone while I (a US citizen) was re-entering the US, would it be legal for me to activate some kind of "panic button" ...
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-1 votes
1 answer
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Is it legal to intentionally cause a probably non-fatal accident to prevent a likely fatal accident?

(sorry about the really bad drawing) Two cars, A and B, are at an intersection. A is stopped at a stop sign; B is moving and does not have a stop sign. Across the intersection from B, there is a ...
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3 votes
3 answers
167 views

If someone forges someone else's signature, is the actual signer bound to the contract?

John signs a contract with Jane to buy a car, but he forges Joe's signature. Obviously, Joe isn't bound to the contract (at least, if he can prove he didn't sign it). Is John bound by it?
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0 votes
1 answer
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Does an omission of car model in a traffic ticket constitute grounds for dismissal?

I was recently pulled over on a charge of speeding. When filling out the ticket, the officer did not include my car's model or style, despite the model being clearly visible on the rear of the car. Is ...
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7 votes
1 answer
570 views

Governing law clauses with parties in different countries

If I am in the United States, and I agree to a contract stating that both parties agree to submit to the exclusive jurisdiction of a court in a foreign country, can I be compelled to appear in that ...
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1 vote
2 answers
84 views

Could Congress pass a law restricting their own ability to pass laws?

Suppose the First Amendment had never been ratified. Could Congress pass a bill with the same wording, but also prohibiting then from repealing it?
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0 votes
1 answer
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What would happen if you staged or hoaxed the commission of a crime?

This was inspired by the title of the following: In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal? but in this situation, we ...
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2 votes
1 answer
73 views

Authorizing Assistants for Medical Work

I have an assistant who handles nearly all scheduling and administration for me, personal and work. We sometimes run into trouble when a new medical/dental office says, "I'm sorry, I can't talk ...
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22 votes
3 answers
6k views

In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal?

If I understand correctly, (a) under common law, theft requires an intent to permanently deprive the owner, and (b) legal tender only applies to debts, not purchases. B is the reason why stores do not ...
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2 votes
2 answers
122 views

What can a pedestrian do if a car refuses to stop at crosswalk which is marked by painted lines?

Today I was almost hit by a car when I was crossing a road at a crosswalk which is marked by painted lines when a car refused to stop. I know what the driver did was illegal but is there anything that ...
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5 votes
4 answers
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What happens if a debt is denominated in something that does not have a clear value?

If I understand correctly, any debt in the US can be paid in paper US dollars. If the denomination of the debt is Bitcoin, gallons of gasoline, ounces of gold, pallets of smartphones, or anything else,...
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0 votes
3 answers
121 views

US State laws about qualifications to be a candidate

The purpose of this question is NOT to promote Trump nor is it for the opposite.  So any rants either way will NOT be answers to the question. Twice, a presidential candidate has been in prison during ...
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  • 366
5 votes
3 answers
2k views

Could the federal government mandate state universities to not discriminate against out-of-state students?

I can't see any way to do so through the constitution, but I am consistently surprised by the kinds of laws that the federal government can make, so I'm obviously not well-versed in the possibilities.
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1 vote
1 answer
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Is it possible for a no-sales clinical or pre-clinical stage or prototype stage biotech. company to meet the IRS definition of "trade or business?"

Is it possible for a no-sales clinical/pre-clinical/prototype stage biotechnology company to have any activity carried on "for the production of income from....?" IRS says: "The term ...
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