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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2answers
46 views

Is writing an article about a document that wasn't leaked yet a crime as severe as actually leaking the document in the United States?

Is writing an article about a document that wasn't leaked yet a crime as severe as actually leaking the document in the United States? Say you know someone from Wikileaks, and you read a classified ...
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Can the US Supreme Court's appellate jurisdiction over cases in which it has original jurisdiction be limited?

According to the US Constitution, the US Supreme Court has original jurisdiction in "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party&...
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Change in the US contact's address in US visa application form DS-160

Please advise if there is a better community for this. -- Please advise if not. My husband has a US's F-1 visa. He is currently on his OPT (optional practical training). I am applying for F-2 visa (F-...
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1answer
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How does the court define “plain incompetence” in a case where qualified immunity may apply?

The Supreme Court has said that qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” https://constitutioncenter.org/interactive-constitution/blog/the-...
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Can a hedge fund manager in the United States be sued for taking on too much risk?

Can a hedge fund manager in the United States be sued for taking on too much risk? I am wondering if a hedge fund manager can take extremely bold risks with his fund as long as they state that such a ...
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In the US are you allowed to refuse a breathalyzer test?

If you are stopped by the police in the US are you allowed to refuse any test to prove your sobriety? I know you have to tell police your name, provide them with identification, insurance and drivers ...
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1answer
29 views

Can non-US citizens outside the US commit information sharing crimes under ITAR?

Wikipedia states of ITAR (International Traffic in Arms Regulations): US persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use ...
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Forum shopping in US Federal courts: is scheduling a factor

In filing a hypothetical federal civil case, it seems like some forum shopping may be possible. Might one of the reasons to select a particular court be to seek a speedier or slower trial? How would ...
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5answers
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Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud?

Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud? In the United States, is there some kind of law that protects people when they violate their NDA ...
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Legal Ethics: Government lawyers giving legal advice & ABA rule 4.3?

I submitted a request for information to a government agency and got back an answer from a lawyer that seems to constitute legal advice prohibited under DC bar rule 4.3. Would a government (law ...
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How is “publication” different in copyright and defamation cases

There has been some confusion here on Law.Stack exchange as to whether "publication" or "publish" has the same meaning in defamation cases as it does in copyright cases. I am ...
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Is transfer pricing legal in the United States?

Is transfer pricing legal in the United States? Transfer pricing allows companies to sell to its own subsidiaries without using market pricing mechanisms to do so. Is this legal in the United States? ...
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1answer
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Can the FBI take custody of a defendant in a state trial if they have information the FBI needs (possibly national security related)?

The premise of the question is based on Law and Order episode America, Inc. The situation is as follows: a person is facing serious state charges (murder), a trial is underway and jeopardy has ...
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When an old Supreme Court ruling is overturned by a new one, how is this explained philosophically?

When a new SCOTUS ruling overturns an old one, what is the philosophical difference between the two rulings? It seems to me that there are two possible explanations; either the old ruling was a ...
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1answer
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Appliance store sold our custom order to someone else when it arrived in inventory that we had paid for

We bought and paid for custom appliances (5 items) that took about 2 months to get them in. We were told everything was in inventory and when did we want them delivered. We had to wait a couple weeks ...
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1answer
49 views

Legal process for formally relinquishing property?

Suppose that in the US, Alice has some item in her possession which, for whatever reason, she no longer wishes to own. Does simply abandoning it (e.g. leaving it in a public space) qualify as ...
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1answer
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Who is legally accountable for the action of the internal audit of a company?

Who is legally accountable for the action of the internal audit of a company in the U.S.? If the internal audit of a company doesn't do due diligence by not properly auditing the financial documents ...
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1answer
32 views

Can a Federal law allow suits in a US state court?

If a US federal law creates a private right of action, say for a privacy or consumer protection tort, can the law authorize suit to be brought in a state court, particularly a small-claims court? If ...
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1answer
816 views

Personal devices subject to subpoena?

I work for a company in the US in IT, and don't have a company provided phone. I've resisted installing work-related apps on my phone (such as Skype/Teams, Outlook) out of concern that my phone might ...
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1answer
31 views

Does the doctrine of sovereign immunity extend to state officials acting in their official capacities to serve the government?

Does the doctrine of sovereign immunity extend to state officials acting in their official capacities to serve the government? Or it doesn't and people can sue officials and the representatives of the ...
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2answers
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Is the CEO always accountable for any crime and fraud committed within the company?

If a CEO was largely or completely unaware of the situation within a firm and some financial crimes were committed, is the CEO held accountable, or does it have to be a major financial crime or ...
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When does a warning not to talk to the police become “witness tampering”?

Every competent criminal defense attorney will advise their client (or anyone else) NEVER to talk to the police. Law professor James Duane gave a 45-minute lecture on this exact subject. So, obviously ...
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What exactly constitutes fraud?

Intent without Damages: Suppose a store has a "Henry Deal," where anyone named Henry gets a 10% discount. I claim to be named Henry to get the deal, and nobody checks my ID. This would ...
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Buying back shares and insider Trading

Imagine the CEO of a major corporation knows that in a few days knows the corporation will be issuing an earnings report that will be above expectations. As such, he believes the price of the stock ...
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1answer
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Is a violation of contract or Terms of Service considered a crime in certain cases?

Suppose I make a video conferencing website, but I specify in the Terms of Service that the free version is not to be used for commercial purposes. Someone uses the website without reading the Terms ...
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1answer
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Can you get prosecuted as a Senator for insider trading if you buy an ETF?

Can you get prosecuted as a senator for insider trading if you buy an ETF? If the senator used insider information and bought an ETF that had a big holding of a stock that went up as a result of an ...
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1answer
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How to avoid in-person schooling in Plano, TX for 2021-22 school year?

Texas legislature killed funding for remote learning in the upcoming 2021-22 school year, meaning that children will have to do in-person schooling again. Because of the increased spread of the delta ...
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1answer
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Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments?

Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments? For example, let's imagine that in a preliminary hearing before the trial has started, a cop ...
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3answers
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Can I travel back to the U.S. with a temporary green card after a divorce?

I got married K1 visa and all, and got my Green Card (2 year temporary) in January 2021. So it’s good until January 2023. I just got a divorce in June 2021. I’m leaving my new born child with my wife ...
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What does “Congress having occupied the field” mean?

I've run across the phrase "Congress having occupied the field" in legal writings recently. Can someone explain this? My question relates to The Common Law Right of Access to Public Records....
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1answer
60 views

What is the current legal status of living human clones?

What are the current laws on the books regarding complete or incomplete clones of humans? With or without natural birth? What is their legal status as individuals, and do they have a right to ...
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1answer
57 views

Can future debts be included in a bankruptcy petition?

I'm asking this question as a matter of law, not specific to any situation, and not as a request for advice. Can debts that you know for sure will be incurred in the month after filing (examples may ...
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1answer
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What, if any, exemptions exist to 28 U.S. Code § 516?

28 U.S. Code § 516 states: Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing ...
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1answer
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Does the sovereign immunity clause prevent the federal government from suing states through the federal court in any situation?

The sovereign immunity refers to the fact that the government cannot be sued without its consent. Overview Sovereign immunity was derived from British common law doctrine based on the idea that the ...
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Hit & Run Collision - How to identify the driver? [closed]

My question involves a collision in the city of Seattle, county of King, state of Washington. A motorcyclist collided with my car whilst trying to merge in to the lane that I was driving in. The ...
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2answers
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If the Supreme Court endorses the unitary executive theory, would it allow any President to commit obstruction of justice?

If the Supreme Court endorses the unitary executive theory, would it allow any President to commit obstruction of justice? Let's say a President decides to impede a Federal investigation to let ...
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1answer
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Does Seila Law allow the U.S. president to fire anyone working in any U.S. agencies without cause?

https://en.wikipedia.org/wiki/Seila_Law_LLC_v._Consumer_Financial_Protection_Bureau Does Seila Law v. CFPB allow the U.S. president to fire anyone working in any U.S. agencies without cause? I am ...
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1answer
76 views

Does a country have the legal right to shoot any military or spy planes down as long as it flies in its airspace?

Does a country have the legal right to shoot any military or spy planes down as long as it flies in its airspace? I am wondering about this, what about suspected planes from private companies or other ...
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1answer
73 views

How can we attribute an invention to a natural person if an invention was fully invented by an AI system?

Can Computer Systems Using AI Patent Their Own Inventions Increasingly, companies are using AI to invent new methods and products. But can such inventions be patented given the requirement that each ...
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Is a filing in the public domain?

Apparently, a Comic book shop filed a complaint as a comic book. The third amended complaint in the case has, in part, the style of an illustrated novel. But it is also a court filing. Court ...
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1answer
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How accountable are dog owners for their animals' actions?

I realise that if I forget that the garage door is open and my dog gets out and bites someone I'm in big trouble. What would be the case if I'm sleeping in my house and someone breaks in and my dog ...
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1answer
432 views

Discovery process and evidence in a “foreign” language

During the discovery procedure, the parties can obtain some evidence from the other party(ies) or non-parties. In the situation that interests me, one of the parties has evidence that is in a language ...
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2answers
99 views

Held liable for negligently allowing counterfeit?

Suppose Alice runs a bar in the US, so patrons must be 21 or older. Bob comes to the bar with a fake ID, and Alice allows him to order drinks. Normally if Bob were caught, it seems that there would be ...
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1answer
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I returned an order to a business online that has a “typical” return policy, and they have not issued a refund. How can I take legal action? [closed]

I ordered an item from business online that has a "typical" return policy, i.e., a full refund will be issued in, say, two weeks upon receiving the returned item, assuming that the item has ...
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Is it possible I open a business in the U.S. (sell legally) and run it from another country? [closed]

Thanks for taking the time to read this. So I want to have a business that can sell a product or offer a service online to people in the U.S. which can be managed remotely. Is it possible? And if so ...
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3answers
3k views

Are anti BDS laws in the USA violating the doctrine of separation of church and state and/or freedom to assemble?

Many state and federal lawmakers support anti BDS laws. BDS is a movement about boycotting Israel for alleged human rights abuses. (It stands for Boycott Divestment and Sanctions.) A federal court has ...
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1answer
134 views

Can “obscenity” be used to forbid a political sign?

According to a New York Times story "She Hates Biden. Some of Her Neighbors Hate the Way She Shows It." a woman in the Borough of Roselle Park, N.J has been ordered to take down a political ...
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How many time can a company apply for the same patent after it was rejected?

How many time can a company apply for the same patent after it was rejected? Can you apply as many time as you want as long as you pay the fee to apply for a patent, or is there a hard limit on this? ...
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3answers
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When will Pfizer et. al. be liable for injuries caused by the COVID-19 vaccine?

According to the PREP act, the companies developing and administering the COVID-19 vaccines cannot be sued for unintentional injuries resulting from the vaccine. I have seen enough commercials ...
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1answer
80 views

Legality of prescription and schedule 1 drugs in first aid kits

Is it legal to keep small quantities of prescription and/or schedule 1 drugs in a first aid kit? In this situation there would be no prescription or doctor involved. Examples would be: morphine ...

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