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Questions tagged [united-states]

For questions specific to the United States as a whole, or that span multiple state jurisdictions.

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Does GNU FDL 1.3 restrict the copyright holder's distribution rights?

I'm running into a ball of confusion between people on how exactly GFDL limits (or if it does or even can limit) the author's rights. In our specific case, a copyright holder has provided work to us, ...
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1answer
21 views

What constitutes elder abuse in the state of Missouri?

My wife has a friend who lives in Missouri, and has power of attorney over her mother, who cannot take care of herself. The mother is in some kind of assisted living home in Missouri, and just got ...
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44 views

Data misuse, theft, and leakage [on hold]

I strongly suspect my personal data relating to income tax, election commission, ID card and unique identification card (issued by Government of India), which I shared with different company offices ...
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4answers
96 views

Can a pro se plaintiff call the defendant as a witness and compel testimony in a civil suit?

I have a court case coming up in Maryland District Court. It is a landlord-tenant dispute; we are pro se plaintiffs and the defendants (husband and wife, both landlords to the house I lived at) will ...
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3answers
4k views

Is the right to engage in scientific inquiry a fundamental right?

I am curious as to whether there is any precedent in the U.S. regarding the level of scrutiny applied to 14th amendment claims against statutes that hinder a person's ability to engage in scientific ...
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2answers
42 views

Is it possible to seek a declaratory judgment without having a dispute / opposing sides?

Specifics: I am a board member of a condominium association in Florida, U.S. Our governing documents (articles of incorporation, declaration of condominium, by-laws) are completely silent on the ...
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0answers
16 views

Betting against others individuals? [duplicate]

Would an app that allows people bet against each other based on their individual performance be legal ? Assume how many steps you take in a day and compare that against a friend to make a micro ...
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2answers
51 views

Can a judge/justice file a lawsuit and bring a case to their own court? What happens then?

Can a judge or justice (I'm interested in both) file a lawsuit that would normally fall under their own court's jurisdiction? What happens in such a scenario? I'm especially interested in the answer ...
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49 views

Has the civil service law ever been challenged in court by a president?

The Pendleton Civil Service Reform Act is one of the main reason why Federal employees often considered themselves as having a lifetime tenure, unable to be fired. Although the act certainly had a ...
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23 views

CDL hauling passengers in trailer

I see that safety concerns "led to many jurisdictions in the United States, Canada and Australia prohibiting passengers being carried in towed trailers." I'm curious which US jurisdictions now ...
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3answers
129 views

Why can't a lawyer just blame a random witness for harming a plaintiff?

It seems generally uncontroversial that in examining a witness at trial, a lawyer may not ask questions implying that the witness has engaged in some wrongdoing unless the lawyer has some basis for ...
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32 views

Can I penalize the county for changing the verbiage of my variance?

My business has been in the same location using a variance for decades. The county is using the argument that we're no longer working within our variance and sent paperwork with a snippet of our ...
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2answers
36 views

Is there any “enforceable” protection for the uploader from fake DMCA takedown requests?

I know that a request must be "under penalty of perjury". But that doesn't protect against fake information. Anyone, and especially parties outside US jurisdiction, (and even more so in countries ...
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1answer
49 views

Is there a legal basis for sending anonymous SMS to a number?

I am an app developer form Germany and quite unsure about American law. I am working on a social networking site where people can only participate if their friends invite them anonymously and via SMS. ...
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2answers
47 views

Can a health provider (physical or mental) contact my family to ask them questions without my permission?

Can a health provider (physical or mental) contact my family to ask them questions about me without my consent? Can they do it if they don't disclose their reasoning or any medical information and ...
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2answers
58 views

Is the government liable for data destroyed during a forensic examination?

Lets say you just traveled outside your home country (USA). You keep your data on a secure USB (FIPS 140-2 level 3) that will self destruct after (x) number of failed attempts. The data you keep on ...
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1answer
32 views

What states allow victims to a writ of mandmanus when the DA adopts a position of nolle prosequi?

In the case of felonies which a DA has, for one reason or another, refused to prosecute, what states allow the victim to petition a judge for a writ of mandamus to force the prosecution? I know West ...
2
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1answer
48 views

What makes me a member of my LLC?

I had a lawyer form an LLC in New York, where I reside, that I used to buy rental property. I paid for the property using money from my personal bank account. The property deeds are in the name of the ...
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0answers
61 views

Why can't governments ban the production of faulty medical devices?

I was going through the case of recent DePuy Pinnacle lawsuit. DEPUY PINNACLE HIP, a subsidiary of Johnson and Johnson, has been penalized with $245 million by a Texas Federal Judge. The claim was ...
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1answer
23 views

Why don't companies supply all of the needed information about their DMCA designated agents?

I wrote "why" for lack of a better short way of saying: I'm assuming these large companies won't take a chance of being sued for this, and furthermore assume that they know the law requires it, so ...
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2answers
45 views

Does DMCA cover apps?

I'm planning on selling an app where users will be able to upload content, and other users will be able to see it. The content will not be available on a website. The content will be stored on my web ...
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0answers
35 views

Criminal record not found on local database, how do I determine whether it is recorded anywhere?

I was apprehended for retail theft (a felony) over 30 years ago; I have been a federal employee for over 25 years. I declared the arrest in my initial application. I have also included the information ...
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2answers
25 views

Automatic Renewal Contract / Contract Law - Licensee Cancels before Expiration Date, but not within 30 day period

Has this turned into contract law - can the licensee cancel the upcoming auto-renewal? Licensee entered into a multi-year software usage contract with Licensor. The software license is a straight ...
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1answer
39 views

How much testimony is necessary to prove beyond reasonable doubt for traffic stops?

How much testimony of an officer is necessary for traffic stop in USA to prove beyond a reasonable doubt? How specific does the officer's observation have to be? For a failure to maintain lamp ...
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0answers
29 views

Are landlords legally obligated to provide trash bins right outside of the property, or can they be located several blocks away?

My landlord told me to throw out trash in a dumpster near my building, but I just found out that that dumpster is owned by a restaurant and have been told to stop throwing my trash there. My landlord ...
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1answer
30 views

Can two federal questions involving separate actions be treated in the same case?

If some act is challenged as unconstitutional and another act is also challenged as unconstitutional, and the supposed unconstitutional actions were executed by the same defendant against the same ...
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1answer
31 views

Does a USA bookkeeping or accounting app have to be certified by a regulatory body?

If an accounting/bookkeeping app is developed in the US, and released for use in the same country, is it required by law that it first be certified or reviewed by a regulatory body, for instance to ...
4
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1answer
67 views

When does an attorney have to “voluntarily” disclose information to the other side?

My understanding is that in criminal cases, the prosecution must disclose exculpatory evidence that they have come across, to the defense. Is there a similar rule in civil cases? Suppose someone who ...
0
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1answer
21 views

Is it legal to let overseas family member use my address for a bank account (US)?

I have a family member who is a US Citizen, but currently lives overseas. They want to open a US bank account and are asking me if I would be ok for them to use my home address for the account. In ...
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0answers
24 views

Why do prosecutors sometimes chase “weak” cases?

From what I understand, the Criminal Division of the Internal Revenue Service is an exception to this question. Its rate of winning convictions is something like 80%, and about half the remaining ...
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2answers
31 views

Procedure for changing illegal procedures and processes by bureaucratic organizations

I have found that many government agencies, both state and federal, adopt illegal procedures or attempt to collect information illegally or create administrative barriers to obtaining information from ...
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0answers
8 views

How common is it for law schools to start by “smashing” the way a student currently thinks entering school? [migrated]

Scope: United States (and/or other Common Law Practicing Countries) I spoke to a lawyer recently and she told me when students start in law school, the way they "currently think" is significantly ...
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2answers
639 views

If I don't patent my invention, how closely can a competitor copy my product?

Introduction: I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving ...
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0answers
26 views

can a public school board recognize a void order as such?

Does the 14th Amendment due process right of non-enforcement of void court orders, impeachable as such in "any proceeding" (since Pennhower v Neff, 1870ish), include public school grievance ...
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0answers
10 views

UL 94 Testing Requirements for Plastic Products in United States

Are there any legal requirements in the United States for plastic products regarding flamability? It seems like UL 94 is the general standard for testing and classification, but as far as I can tell ...
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1answer
29 views

As an Iranian, can I sign an Independent contractor agreement, and work remotely for a US company from Iran?

Are there any restrictions for citizens of sanctioned countries to work remotely for US companies?
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3answers
94 views

Is there a law which prevents punishment for an infraction?

For example, say the speed limit on a certain road is 40 MPH, and say a certain someone was doing 45 on this road. Technically, if a cop clocked someone doing 45 when the speed limit is 40, he could ...
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0answers
160 views

Passport requirements for travel between a US territory and a US state

I am trying to find out what US law says about foreign travelers flying between US territories and the "mainland." For example, flying from Guam to Hawaii or from Puerto Rico to Florida. 8 CFR 215.1(...
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1answer
77 views

Is it not illegal to take minors across state lines without parental permission?

In the context of Roe v Wade discussion of the abortion issue, it's been suggested that even if the decision were to be reversed, it would have little effect. The argument goes along the lines that ...
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1answer
40 views

USA Consumer Law - Can issuer of gift card expire card without expiry date on card?

I bought a highend graphics card from BestBuy. Nvidia offered a game on the card. The invoice didn't have an expiry date at all or a website to refer to regarding terms and conditions. I tried the ...
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2answers
60 views

What to do about evasive debt collection agency I hired

Please excuse this question if I've overlooked obvious options, but I'm not an American citizen and I live outside of the USA, so I'm not familiar with American legal system, or agencies who might be ...
0
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1answer
74 views

Is it legal to leave small children without parents' supervision?

My wife and I went to check out an art studio (NJ, USA) for children to see if we can send our 4-year old son there to learn some drawings. It came to my attention that there were a bunch of 5,6-...
2
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2answers
92 views

Can a bank foreclose on a home of a person who has been kidnapped?

Say that an American homeowner is traveling overseas and then he/she is kidnapped by a terrorist organization. Does the American bank which gave that person the home loan have the legal right to ...
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1answer
90 views

Is this copyright infringement? Is it fair use? What if I don't make any money off it?

If someone were hypothetically working on a project that required them to incorporate copies of a copyrighted work (music, movies, books, etc.), how would they know if it would be considered fair use? ...
3
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1answer
284 views

Is it illegal to download copyright videos for free?

I want to publish fan-made videos on YouTube that contain clips from movies and TV shows. No money will be gained for myself. Is the act of downloading those movies and TV episodes for free, editing ...
2
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1answer
55 views

Under what circumstances is a lawyer permitted to draft documents “friendly” to the other side?

There are typically two parties on any contract, call them buyer and seller. Contracts can be drafted that are neutral, or they could be friendly to either the buyer or the seller. I can see a case ...
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1answer
101 views

What is a condition precedent?

Here is a Wikipedia definition, of something that must happen before something else happens, but I'm not sure how to apply it to the law. Let's say that there is an angel investor that meets a ...
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2answers
61 views

Tenant joint letter to evict an other tenant?

I am in the Los Angeles area, and there are 4 tenants in my house. The last tenant who just moved in yesterday smokes, I told him that he needs to do it at the far end of the yard, and clean up ...
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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 ...
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2answers
36 views

What are the different time requirements under law?

I was wondering about the phrase "time is of the essence". This compares to other time constraints such as "reasonable time" and "time at large." My understanding of "time is of the essence" suggests ...