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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5answers
719 views

If I'm the CEO and largest shareholder of a public company, would taking anything from my office be considered as a theft?

To summarize it, I'll give an example: I'm Bill Gates. I own Microsoft. On a desk, there's a Microsoft Surface that is branded by my company. I decide to take it home and never bring it back, although ...
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1answer
67 views

Is a teacher playing music in the hallway legal?

I am a highschooler in Alabama (USA) in a school of 700 or more (not 100% sure). When walking through the school, there is a teacher playing music into the hallways. The issue is that the songs she ...
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2answers
2k views

Could Donald Trump have secretly pardoned himself?

I've seen quite a few widely-circulated tweets saying that Trump doesn't have to announce pardons, and we might not find out he's pardoned himself (or family members) until/unless they are indicted. (...
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2answers
2k views

Does the double jeopardy clause prevent being charged again for the same crime or being charged again for the same action?

Suppose I were to kill someone and was charged with manslaughter, found not guilty, and more evidence surfaces, does double jeopardy prevent me from even being charged again for that action (the ...
2
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1answer
36 views

What was the first instance of a US State striking down a law as inconsistent with that state's constitution?

Marbury v Madison has international fame (to this English lawyer at least) as establishing the federal courts' power to strike down statutes inconsistent with the federal Constitution. However, I do ...
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4answers
5k views

Do US presidential pardons include the cancellation of financial punishments?

https://www.cnbc.com/2021/01/20/anthony-levandowski-pardoned-after-stealing-trade-secrets-from-google.html says: Anthony Levandowski pardoned after stealing trade secrets from Google In August, ...
5
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1answer
113 views

How do conditional pardons at the end of a president's term work?

Looking at the list of Trump's final pardons, I notice that two of the pardons are conditional. My question is, what happens if the conditions for a conditional pardon either aren't met until during ...
4
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2answers
423 views

I murder someone in the US and flee to Canada. If Canada refuses to extradite do they then try me in Canadian courts

The murder is committed on US soil. the fugitive flees to Canada. The US requests Canada arrest the fugitive, which they do. US requests extradition. Canada refuses because US has capital punishment. ...
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1answer
108 views

Client demanding refund [closed]

I'm a freelance programmer from Belgium and I have developed an application for an American client. We agreed on 800USD for the completed project. I finished the application and met all his ...
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0answers
21 views

In what state is it easiest to incorporate a a non-profit organization? [closed]

Some people with whom I have been working online on a project have been thinking that it might be smart for us to file articles of incorporation and apply for non-profit status. None of us are ...
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1answer
70 views

What law applies in the case of a theft at a Border Patrol checkpoint? Who can make an arrest?

Travelers A and B are waiting in line at a border patrol checkpoint, when traveler B attempts to steal something of traveler A's. Can a Border Patrol officer intervene, or would they have to summon a ...
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3answers
115 views

Could parents sue a school district to force them to improve their teaching methods?

Is it possible for parents of public school students to successfully sue School District to demand certain improvements in online education? It seems that some school districts abuse their monopoly ...
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2answers
78 views

Any law that requires you to allow police to photograph you in public?

Lets say you are in public, and the Police approach you. You do not wish to speak to them and want to walk away. They detain you for the purpose of taking a photo of you but you have not committed a ...
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0answers
35 views

divorce contract vs tax law

My (PA) divorce contract states that a benefit (child or education credit) one of us receives from claiming a dependent will be shared. Under the tax law, my ex does not qualify to receive the credit ...
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5answers
3k views

Which countries' inheritance laws apply?

My mother, a German national with a green card passed away recently. Her husband (my dad) of 59 years is an American citizen (born in US). My mother spent the majority of her adult years in the United ...
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3answers
2k views

Can an estate be a beneficiary?

My uncle was one of 4 beneficiaries of a large insurance annuity held by my recently deceased grandfather. My uncle passed away unexpectedly and tragically before Christmas leaving behind his wife ...
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0answers
29 views

Does whistleblower protection apply to very minor violations?

This is a hypothetical example of the kind of minor violation I'm talking about. This is not an actual situation. Suppose a company has the rights to use some music videos, so a boss tells an employee ...
9
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1answer
1k views

What is the current standard with regards to “fighting words”?

Since Street v. New York, the Supreme Court has significantly narrowed the grounds on which speech can be considered "fighting words" and thus could legally be banned. In Collin v. Smith, ...
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1answer
175 views

Can Giuliani represent Trump in an impeachment trial?

Link. President Donald Trump's personal attorney Rudy Giuliani tells ABC News he's working as part of the president's defense team in his upcoming second impeachment trial -- and that he's prepared ...
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4answers
214 views

Can Congress declare someone guilty of insurrection and bar them from standing for elections, without that being considered a bill of attainder?

A Q&A to a related question on Politics SE quoted the 14th Amendment of the Constitution that: No person shall be a Senator or Representative in Congress, or elector of President and Vice-...
4
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1answer
326 views

Can your ToS ban law enforcement?

Researching something I stumbled over the following Terms of service for a website: Notwithstanding any other part of these Terms of Service, and notwithstanding any other express or implied grant of ...
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2answers
62 views

Can a landlord submit a change-of-address on behalf of a former renter who refuses to do so?

My family owns a condo, and I recently moved in. The previous tenant refuses to have his mail forwarded because, as he says, "I don't want the junk mail, and everything important is forwarded ...
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1answer
89 views

In Breaking Bad, how strong would Hank Schrader's case be if he had lived and Walter White had gone to jail?

Yes, Hank has definitely put together that Walt had been manufacturing methamphetamine and committed several other crimes to protect himself, and he'd fight tooth and nail for a conviction. However, ...
2
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1answer
131 views

How is it legal for the US President's name to appear on aid checks?

Apparently, (soon-former) US President Donald Trump's name appeared on the stimulus checks sent out last year. I guess this is a late question to ask, but - how can this be legal? It makes it appears ...
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0answers
36 views

If Congress tried to eliminate judicial review by jurisdiction stripping, can state courts step in?

My question is whether state courts have the authority to enjoin federal officials, either on the basis that their actions violate federal law, or because the federal officials are attempting to ...
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0answers
50 views

What are the privacy implications of using a prescription discount from the manufacturer?

Healthcare providers and pharmacies will sometimes offer a manufacturer card or coupon to provide a discounted price for a prescription product. My understanding is that pharmacies are bound by HIPPA ...
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1answer
114 views

(U.S.A.) Removing senators not from your state

Background example: People in California want to remove a senator from Kentucky. Can this be performed? How can it be performed?
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1answer
91 views

Could a US president be advance pardoned from the result of a senate trial following impeachment?

Non-American here, trying to puzzle things out. If I understand correctly, a US president can grant pardons, but only for federal crimes. If I understand correctly, impeachment is a political act, and ...
1
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2answers
122 views

Is highly irresponsible but unintentional encouragement of violence a crime in the US?

Inspired by recent events, I looked up the legal definition of incitement in the US. For example, the First Amendment does not protect speech if the speaker intends to incite a violation of the law ...
24
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2answers
6k views

Can a private company refuse to sell a franchise to someone solely based on being black?

This question was a result of a recent conversation regarding Chick-fil-A only selling their franchises to Christians. I thought that was discriminatory, but was told a private company can do anything ...
1
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1answer
49 views

Does section 230 protect users who distribute pirated content?

From my non-lawyer reading, it seems the prime protection in section 230 is clause (c)(1): (1)Treatment of publisher or speaker No provider or user of an interactive computer service shall be treated ...
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2answers
250 views

US case law where riling up someone and then telling them to go to a specific location constituted incitement?

It's probably going to be bit transparent what inspired this question, but assume someone gives a long speech in which he declares that an entity is doing terrible things and then urges everyone ...
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0answers
34 views

If I can defend myself without passing the bar exam, why can't I hire someone who has not passed the bar exam? [duplicate]

I can waive my right to an attorney and defend myself in a court of law even if I have absolutely zero experience. Why then, can I not hire someone who does not have a license to practice law? As ...
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2answers
62 views

What makes someone a “principal officer of an executive department”?

§4 of the 25th amendment makes reference to "a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide" – Congress has not ...
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2answers
114 views

Can state lawmakers who participated in the Capitol riot be removed through the 14th Amendment?

It has been reported that at least one sitting state lawmaker participated in the storming of the US Capitol on January 6, 2021. The 14th Amendment, section 3, says: No person shall be a Senator or ...
1
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1answer
102 views

In a non-emergency situation can I refuse to comply with police requests until after they have shown me their ID?

Let's say I have an encounter with a police officer. That officer has asked me to do something I would normally be expected to comply with, such as get out of my car during a traffic stop or to give ...
0
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1answer
78 views

Is permission required to say your product is used by an organization

Many companies (especially software companies) put something like "[Our product] is used by [Company 1], [Organization 1], [School 1], [Company 2], and 10,000 more!" on their website. In US ...
1
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1answer
153 views

Is incriminating evidence in plain sight if a computer mouse had to be bumped to reveal it?

Let's say I have willingly invited the police into my living room. Earlier I had been planning some highly illegal activities on my computer, located in the living room, and thus had incriminating ...
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0answers
39 views

Can the police ask a minor to bring suspicious evidence outside their house?

Based off of my previous question a young enough child (approximately 13 or younger) can not authorize the police to search their home: In the USA can a child legally authorize a search of a residence ...
5
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2answers
2k views

Can Law Enforcement in the US use evidence acquired through an illegal act by someone else?

There are reports on the internet this morning that a group of people were able to hack Parler and download around 70tb of data from the servers before AWS ceased hosting the platform. There are ...
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3answers
138 views

Who is liable if somebody takes a check written to them before the funds are in place to cover it?

This is hypothetical. Suppose I write out a rent check to my landlord, but I don't give it to him. Instead, I leave it on my desk because I still have to deposit funds to cover the check. Unbeknownst ...
0
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1answer
40 views

Could Senators convene congress by objecting to the closing of a pro-forma session?

Here's the hypothetical: Congress is adjourned, but the Example Caucus wants it to convene again as soon as possible. Congress plans to take recess for more than three days, so they've scheduled ...
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3answers
123 views

Are chess games copyrighted?

First and foremost, I've already done some research regarding my question - web pages including, but not limited to the following ones, weren't able to answer my question to it's full extent: https://...
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3answers
1k views

Could Trump be charged with inciting the actions of 6th January 2021?

The Daily Mail claims in a recent article about the incident on January 6th: And he [Trump] could face prosecution in state court in Washington DC for inciting the mob to violence. Could Trump be ...
0
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1answer
13 views

Do SEC regulations require funds of funds to include in the expense ratio of the parent fund the weighted sum of the expense ratios of the holdings?

I have read: I believe SEC regulations also require a "fund of funds" to publish the expense ratio of the parent fund to include the weighted sum of the net expense ratios of the holdings. ...
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0answers
74 views

What can Senators do at a pro forma session?

Background: Per the Washington Post, majority leader Mitch McConnell has said the US Senate will have only pro forma sessions between now and Jan. 19, 2021. Many leading Democrats and at least one ...
0
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1answer
24 views

What is the effect of the repeal of a law amending a former law?

1 U.S. Code § 108 provides "Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided." However, many ...
2
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1answer
47 views

25th amendment: what happens in the period between the VP's two declarations?

Section 4 of the 25th amendment provides: Whenever the Vice President [transmits a declaration] the Vice President shall immediately assume the powers and duties of the office as Acting President. ...
2
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2answers
274 views

Is dry humping sexual assault?

Can fully-clothed dry-humping someone without consent count as rape? And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US? Does it matter whether the ...
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3answers
3k views

Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?

Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official ...

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