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
15 views

Are there some torts for which the proof is “slam dunk” or close to?

The tort in question is that a driver hit a child while driving. Below are three different cases of this: Example 1: Someone is driving in a residential neighborhood at a "safe" speed of about 10 mph....
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70 views

Is it illegal to refuse a man to enter a Women's Only Poker Tournament?

I read a story about men entering women's only poker tournaments. One example from the article states that eight men joined the field of over 1000 female poker players in the $1,000 buy-in 2009 WSOP ...
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30 views

Un-Accepted Income

In the question, Refusing income or payment without tax liabilities, the accepted answer states, Generally speaking, you can not "turn your back" on income you are entitled to receive. What ...
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2answers
42 views

What authority (or authorities) have established the status of State ratifications of U.S. Constitutional amendments?

Background In the Untied States, the NARA is the authority that receives all final documents related to the State ratification of a United States Constitutional amendment as implied on the NARA ...
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1answer
82 views

What legal concerns may be caused by featuring a post on meta?

Recently a post on Meta StackOverflow got unfeatured by SE employee, with the explanation that it was done because of some "legal concerns." Given that: similar posts exist on main Meta and are ...
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2answers
54 views

Is it possible to request the court to appoint a public defender in a civil infraction case?

Related: In a civil infraction case, does the defendant have to turn over evidence to the prosecution beforehand? Simple parking ticket dispute. The defendant has been put through an unreasonable ...
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1answer
38 views

Can a local government charge a fee to enter a public downtown area during an event?

Legally, can a local town or County in the U.S. (Florida) block off access and charge a fee to the citizens to enter a fenced in downtown area during an event?
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2answers
74 views

Are skill game tournaments gambling?

We consider whether a skill-based online multiplayer game with some entry fees to a tournament and prizes for winner and sub-winners (consists of entry fees) is in US and EU law classified as a ...
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0answers
19 views

Does a Pet Deposit change the meaning of Wear and Tear?

I am curious, in a Rental Agreement there are the following stipulations for having pet(s) on the property: a non-refundable pet deposit be made (Payment) I think I can safely assume this is for ...
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2answers
60 views

A Defamatory Trial?

So to begin, I am well aware you can sue anyone for anything in court, whether or not it has a foundation in law or reality. That being said, can one be found guilty for defamation if they bring a ...
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28 views

Law regarding associations around the world

In Sweden there is something called law of association/association law (associationsrätt). An association (that is the word used in Swedish too) in this context is any cooperation between people. It ...
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1answer
66 views

Refusing income or payment without tax liabilities

I am part of a non-profit organization that is insisting on paying me for my time. For personal reasons, this payment is more costly for me to accept than to disclaim it entirely. Is there a proper ...
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0answers
29 views

How do I keep my elderly mother from being driven by an alcoholic sibling?

My brother is an alcoholic and proof of this has been accepted by the court system. The Judge issured a “No Alcohol” prohibition in my mother's home and a stipulation that my mother not be given ...
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1answer
19 views

Lawsuit over the breach of Terms and Services against a non-resident

So, there's an automation tool for a well-known US-based online platform. Can that platform sue a non-US-based company (or an individual residing outside of the USA) over a breach of its Terms of ...
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0answers
37 views

In a civil infraction case, does the defendant have to turn over evidence to the prosecution beforehand?

Recently I heard about the proceedings of a parking ticket infraction in the state of Georgia which had me scratching my head. A person I know filed an appeal against a parking ticket because they ...
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1answer
25 views

Inventorship of a utility patent application that incorporates a provisional application

I am listed as a co-inventor in provisional patent application AA/AAA,AAA. The other co-inventors are PersonA, PersonB and PersonC. One year later my employer company filed a non-provisional utility ...
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75 views

Are airlines allowed to publicly display the first few characters of the last name of their passengers taking a given flight?

I see that United Airlines publicly display the first few characters of the last name of their passengers taking a given flight. Example from https://www.united.com/en/us/flightstatus/details/855/...
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4answers
118 views

Why would a company choose to make a “Pledge” or “Covenant not to Sue” instead of simply licensing a patent?

In 2006 Microsoft published their Commitment not to Sue which applied to many patented specifications. In 2014 Tesla made their Patent Pledge, which applies to every patent that Tesla has now or in ...
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1answer
42 views

fraudulent service of process

If someone sues me and sends their request for me to waive service of summons but sends the request via certified mail to my deceased cousin's house, we have same name, and my cousins widow tells me ...
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1answer
62 views

To what extent are a creditor's rights attenuated when debt is sold?

Sometimes a person, A, will run up debts that can't be paid. In these situations, a creditor, X, will often sell the debt to a third party, Y. My understanding is that it will be much easier for A to ...
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2answers
100 views

How much latitude does an attorney have in a deposition?

Suppose there is a witness (not a principal) to a car accident. An attorney would naturally ask the witness about where s/he was at what time, what s/he saw of the accident, etc. But suppose the ...
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2answers
147 views

Discrimination against male cheerleaders

I'm sure the average NFL fan prefers to watch female cheerleaders, but how does hiring only women comply with our Civil Rights Act (which outlaws discrimination based on sex)? For the record, some ...
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1answer
82 views

Is it a violation of HIPAA to say that a baby was born?

If a medical worker tells someone the first name of a child born at a hospital on that day, is that a violation of the Health Insurance Portability and Accountability Act (HIPAA) ? Does it make a ...
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0answers
67 views

Can I sue employer/manager for false promises for a raise?

My manager verbally told me I was getting a raise (12/10/10) On payday, Friday afternoon, he asked me to call him again. He advised I would not be getting the 10% pay increase at this time. When ...
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0answers
41 views

What must I do when hiring a 15-year-old personal assistant in Connecticut? [duplicate]

I recently hired someone who is 15 years old to work with me on personal tasks, such as listing some of my personal items for sale online. We both live in Connecticut. We work together in person in ...
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1answer
45 views

What qualifies as “wagering” or “gambling” and what are ways to avoid falling under that category?

You see, as naive as it sounds, I'm looking into starting an online casino (of sorts). I have no intention of presenting real-world cashout ability, thus as I would like to believe would make it not ...
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1answer
71 views

What must I do when hiring a personal assistant in Connecticut?

I recently hired someone to work with me on personal tasks, such as listing some of my personal items for sale online. We both live in Connecticut. We work together in person in Connecticut for 1 hour ...
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4answers
162 views

If a potential suspect wishes to speak to the police and can't afford a lawyer what is the safest way to do so?

Let's say that an individual, let's call him Bob, has been contacted by the police who want to speak to him about an associate of his that was recently murdered. Bob is not under arrest, but Bob ...
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1answer
74 views

Can a person benefit from damaging terrorists?

A few months ago Islamic Revolutionary Guard Corps (Sepaah Pasdaran) of Iran was designated as a terrorist organization by USA. As a person who lives in Iran I was wondering if I damage Islamic ...
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0answers
49 views

Insurance law and premium audits in NY state

Upstate New York (USA) here. I'm researching insurance law, specifically around the topic of so-called premium audits (aka insurance audits, aka insurance premium audits), which are on-site "field" ...
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1answer
24 views

How to handle an existing business' income and expenses when incorporating

I'm looking at incorporating my sole proprietorship as an S Corp. (An alternative I'm also looking into is an LLC taxed as an S Corp). My existing company already has income and expenses in 2020. ...
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3answers
1k views

Is it legal to sell/Trade Bitcoin for Cash in USA, Virginia?

I was wondering if trading/selling bitcoin for cash for example payments on Apple Cash, Venmo or Zelle is Legal in USA, Virginia or not ? Before I start selling some of my bitcoins.
2
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1answer
72 views

Discrimination, job application and essential requirements

Is it an act of discrimination when the employer rejects your job application, given that you a) belong to a protected group and b) can demonstrate experience in all the essential job functions (as ...
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3answers
112 views

Double Jeopardy with grooming

I was reading an article about a paedophile in Scotland that abused teenagers in the UK but also the USA through the internet. Here is a link to the news story Independent article Given that some of ...
2
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1answer
61 views

insurance refund check made payable to me and my ex husband

we were to receive a $924. insurance refund due to overpayment on a house we sold. my ex husband had the check sent to his new address without telling me , signed his name and forged my name and ...
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1answer
71 views

What would an entrapment defense look like in court?

This is not pertaining to any actual case or personal situation. I have tried to look up how an entrapment defense works, and the only standard I could find seems to be that you induced someone to ...
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0answers
10 views

N-400 US naturalization while living abroad [migrated]

How should I prepare the US naturalization interview given that I have been living the last 5 months abroad? What papers should I bring in addition to the basic documents requested by the USCIS letter?...
3
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1answer
86 views

Can lawful permanent residents be deported from the US for arriving at a port of entry without a green card?

Suppose a green card holder arrived on a flight to the US, but at some point during the flight, lost their green card and therefore could not present it to CBP. It seems that this person would be an ...
3
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2answers
134 views

If I discover information about a company through personal investigation can I act on it without being guilty of insider trading?

Let's say I'm a skilled PI who has, through detailed investigation followed a paper trail back and discovered that Soylent Green is people! (err..spoiler warning?) I am now aware of information that ...
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0answers
7 views

Preclusive effect of federal declaratory judgment in state court criminal proceedings

This question presumes the following circumstances: A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
3
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1answer
121 views

Is targeted killing legal?

I have read on wikipedia that for every adult the (U.S) targets on average 9 children gets killed, Trump ordered a strike on Iranian Military Leader in Baghdad. is targeted killing legal or atleast ...
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1answer
66 views

In the United States, how is the legal process different if a crime is committed IN court?

In the U.S., a common course of action is that a peace officer makes an arrest on an alleged violation of law, which is then heard by a magistrate/court. How is the process different if a court ...
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2answers
106 views

Child legally required to be injured?

If you knew a child would be injured (not by a person or animal or medical treatment) if they did something and you insisted (without physical threats, just legal action against them if they did not ...
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0answers
34 views

What does “dormant” mean in the Dormant Commerce Clause?

I think I understand the clause itself, but I'd like to develop some intuitive understanding of why Marshall used the word "dormant." I read the quotes of his decisions where he introduced the word, ...
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1answer
78 views

My car insurance company is taking a very long time to evaluate damage on my car — What are my rights?

I had an accident (not at my fault) about a month ago with my car. The car stopped working, and I had to tow the car to a shop. The insurance company said they would do their best to quickly evaluate ...
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2answers
69 views

Is accessing a company's corporate slack channels after I leave the company illegal?

I had an active slack session which never timed out and was able to read chats for a couple of months before I finally logged out. Since I logged out (approx 6 months after leaving the company) I ...
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1answer
32 views

Legal issues with selling goods in home country when not authorized to work in US?

If someone is not authorized to work in the US and they are currently living there, are there any laws being broken if they ship goods back to their home country? For example, if we call the goods "...
1
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2answers
74 views

How do you pass a DUI test if you're just clumsy?

I never drink or do drugs, but I have tried the "heel-to-toe straight line" test and the "raise your foot for 30 seconds" test, and I find both of them to be difficult or impossible. I have seen ...
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1answer
65 views

How could the recruits have legally defended themselves against the drill sergeant's insults in Full Metal Jacket?

I stood with my mouth open as I watched the first ten minutes of the movie Full Metal Jacket: https://www.youtube.com/watch?time_continue=2&v=71Lft6EQh-Y&feature=emb_logo The movie is set in ...
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1answer
27 views

What is the legality of an lawsuit filed against a foreign national in California

There was an NDA signed between an Individual Residing in India (Entity A) and Company based in San Jose, California (Entity B). Due to perceived breach of confidentiality agreement a cease and desist ...