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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In U.S. is there any IP concern when my own company pays expenses for prototype development?

This question pertains to U.S. law, and California specifically if that matters. Earlier this year, I founded a company that is owned by myself and a family member. I have a majority stake in it. I ...
8 votes
2 answers
2k views

Can you ever be certain that you will not be tried for an alleged crime?

Suppose someone is involved in a self-defense altercation where the other party ends up dead. As far as I understand this could result in one of the following outcomes: The police investigate and a ...
0 votes
1 answer
147 views

Is it legal for an American citizen to obtain BRICS currency and then exchange those bills for U.S. dollars sometime in the future?

I would like to know if it is legal for an American to go to a foreign exchange bank in their area, exchange a certain amount of U.S. dollars to obtain the bills of the foreign currencies of the BRICS ...
0 votes
1 answer
88 views

Can you be retried if you appeal a partial acquittal?

I know that in the US Double Jeopardy protection means that if you are acquitted the prosecution cannot attempt to appeal or retry you (except for very narrow exceptions). However, a defendant is ...
0 votes
4 answers
183 views

What crimes can one person cause another to commit?

Some kind of crime, like maybe those around receiving or possessing things it is illegal to have, might be able to be "committed" by someone without them actually doing anything. If Ash ...
9 votes
1 answer
905 views

Retroactive lack of testamentary capacity

"Juan" makes his will. A year later, he is diagnosed with Alzheimer's disease, and so loses testamentary capacity. Often, the medical diagnosis for Alzheimer's comes well after the victim's ...
1 vote
1 answer
37 views

What is the closest equivalent to criminal compensation orders in your jurisdiction(s) of expertise?

In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
2 votes
2 answers
610 views

Can you sue the prosecutor in a criminal proceeding?

If someone went to a job interview, and the job was offered to said person immediately after the interview, but upon arriving at home the person receives a phone call from their potential future ...
11 votes
2 answers
3k views

Extent to which a will is holographic

"Albus" and "Severus" are making a will together. They do not want to bother with an attorney or witnesses, so Severus handwrites it, under the assumption that doing so will make ...
1 vote
1 answer
95 views

Dental Work not authorized [closed]

Contacted dental office to set up fillings for two teeth. Office said there were three together and it was easier to do all three at once. Patient stated that insurance only covered two per year and ...
2 votes
1 answer
99 views

Can a public school require a student to contract with a third party?

Can a public K-12 school require a student to accept a contract with a private third party, as a condition of enrollment or as a condition of passing enough courses to graduate? For example, a student ...
3 votes
1 answer
121 views

Decrypt information for internal technical purposes in a HIPAA compliant way

Consider a scenario where a company operates a service which is HIPAA compliant. This service requires storing patient emails which may contain personally identifiable information (PII). This PII is ...
0 votes
2 answers
112 views

Conflicts of Interest Dilemma in the US

Generally speaking, does conflict of interests apply when a plaintiff wants to employ the same lawyer the defendant had employed in the past to sue the same defendant (e.g. B employs the lawyer who ...
3 votes
2 answers
219 views

Shopping for US immigration lawyers: What to ask in consultation?

I am in the process of finding an attorney to help with my Green Card application. I consider myself very knowledgeable about this subject, but I am not an expert nor do I have any personal experience....
3 votes
1 answer
105 views

What are lawyers who work with FCC regulations called?

I have a question about FCC regulations, and would like an answer from a lawyer. How would I find a lawyer familiar with this topic?
2 votes
0 answers
69 views

Can employeed be fired for planning to take FMLA?

In the US, Family and Medical Leave is protected by federal law. Part of the provisions is that you cannot fire an employee for taking FMLA. Presumably, if an employer was malicious, they would ...
8 votes
1 answer
893 views

Difference between "dismissed with prejudice" vs. "res judicata"?

What are the differences and similarities between the two? How are they used in the USA? Thanks.
1 vote
2 answers
173 views

If a U.S. state legalized murder in a discriminatory way, how could the courts remedy that?

This is apparently very hypothethal question. According to the answers to the question "Could a state legalize murder?", theoretically, a U.S. state could legalize murder (of course, it ...
2 votes
2 answers
2k views

What is a difference between Pro Se and Pro Per?

What is a difference between Pro Se and Pro Per, in the United States legal system? From my understanding, both terms mean a party representing themselves. I read on https://www.avvo.com/legal-...
1 vote
1 answer
70 views

Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?

The U.K. Equality act 2010 introduces a notion called “indirect discrimination.” Basically it’s things that one does that disproportionately affects individuals possessing a protected characteristic (...
-4 votes
0 answers
116 views

Did the cops enter Jordan Belfort’s home after he totalled his car on Lemmons legally? [closed]

In the Wolf of Wall Street, Jordan Belfort takes a ton of Quaaludes and then urgently tries to get home in his car and causes a lot of damage to other cars and objects along the way. He then wakes up ...
0 votes
1 answer
83 views

I gave someone a key to my place while I'm gone. If they steal from me, am I covered under renter's insurance?

Would I need to prove/argue that it was reasonable to trust that person?
2 votes
1 answer
175 views

Is dyed money legal tender?

It is in the news that a bank distributed bank notes with dye on them, assumed to be Intelligent banknote neutralisation system (IBNS). It is reported that in one instance this was for mortgage ...
-2 votes
4 answers
187 views

Accidentally killing someone while purposefully beating them up

"Vladimir" decides to beat up "Juan". While it can be proven beyond any reasonable doubt that Vladimir did not intend to kill Juan (merely rough him up a bit), the beating causes ...
-2 votes
0 answers
77 views

Can the Medal of Honor be legislatively awarded to a person who does not technically qualify?

On February 3, 1943, four US Army chaplains, George L. Fox, Alexander D. Goode, Clark V. Poling, and John P. Washington, died while rescuing others as the SS Dorchester sank. Initially, they were ...
1 vote
1 answer
124 views

Can ex-employer ask/require in a severance agreement that if I plan to disclose information about the severance agreement, I must tell them first?

Can a severance agreement ask/force an employee to inform the ex-employer if they plan to disclose the severance agreement? My understanding is that the National Labor Relations Act allows me to share ...
10 votes
3 answers
5k views

What are the legal ramifications for someone whose birth was concealed?

I understand that in the US, concealment of birth is against the law. I looked it up, and apparently it is a felony in most US states. (FYI I'm asking because it pertains to a work of fiction I'm ...
10 votes
4 answers
4k views

Could a federal law override a state constitution?

Suppose a state Constitution explicitly states that residents of the state have a specific right (obviously this comes from the abortion debate, but I’m not necessarily focusing on that particular ...
2 votes
2 answers
143 views

What is the "important thing" that can make a true statement defamatory wrt the X/Media Matters lawsuit?

It is in the news that Elon Musk's social media platform X has sued Media Matters a media watchdog group. Media Matters has published multiple reports about X alleging adverts for major companies have ...
12 votes
1 answer
5k views

Is it illegal to give false information about a person to a foreign-based telemarketer?

I have always wondered if there is anything illegal with an American citizen giving false information about another American citizen to a foreign-based telemarketer, such as someone who by their ...
-2 votes
1 answer
143 views

Bizarre boots-on-ground investigation by FBI: transparency and recourse

Alfred is one day contacted by a shopkeeper he befriended, who warned him that an FBI agent had visited his place of work inquiring about his presentation, behaviour etc. He is shortly then also ...
1 vote
0 answers
76 views

Transport of Gas Cylinders [closed]

In the US, I will be transporting gas cylinders (propane, oxygen, acetylene, C25, CO2) in and between New Mexico and Colorado and need to find the regulations for this. I am a not a professional in ...
0 votes
4 answers
226 views

How long do courts have to follow precedents?

It was recently in the news that the Eight Circuit Court of Appeals has decided that only the federal government can sue under Section 2 of the Voting Rights Act. However, this past June, the Supreme ...
0 votes
1 answer
153 views

What sentences are faced for vandalism (and more) in New Hampshire?

Assume that people covered the front of a building with red paint, smashed windows, locked the main lobby doors with a bicycle lock, and destroyed HVAC equipment, interrupting operation of a business. ...
3 votes
2 answers
112 views

Can the federal government directly modify state law?

A recent comment inspired me to wonder whether the US federal government has the power to directly modify state law. State legislatures will often pass bills of the form "Section so-and-so of the ...
2 votes
2 answers
129 views

Is it fair use to include unpurchased media in a website that is still under development?

When a new website is being built for a client, it often begins as a "development" site that uses one or more methods to make sure that it is not accessible by normal and customary means. ...
8 votes
1 answer
4k views

OpenAI employees' move to Microsoft: Non-compete regulations?

A few days ago, Sam Altman was fired from his position as OpenAI's CEO in a surprise move. Altman has, as of now, accepted an offer by Microsoft to join the company as head of an AI lab. Microsoft has ...
1 vote
2 answers
746 views

Credit scores & defamation

Suppose you apply for a loan and are denied or are offered undesirable terms on the basis of a bad credit score as reported by one of the reporting bureaus. After reviewing your report you find ...
1 vote
1 answer
53 views

11 U.S. Code § 1141 - Effect of confirmation discharge possibilities

the code states (2)A discharge under this chapter does not discharge a debtor who is an individual from any debt excepted from discharge under section 523 of this title. (3)The confirmation of a plan ...
6 votes
1 answer
1k views

International Turkey Hunt

Juan (the perpetually unlucky jeweler from some of my previous questions on this site) decides to go turkey hunting in far-north Minnesota, near the border with Canada. Assume that it is legal to hunt ...
3 votes
1 answer
139 views

Can an employee sue their employer for retaliation in the United States even if the employee didn't report the discrimination to their employer first?

Suppose an employee, Jane, works for a company in the United States and experiences discrimination or harassment from a supervisor or coworker. Jane is afraid to report the behavior to her employer ...
3 votes
1 answer
104 views

Is it legal for an apartment or county or state to ignore fire safety rules?

(Jurisdiction: GA, USA) My apartment's elevator inspection certificate has expired 3 months ago. This puts serious risk on lives on residents especially in the high-rise. I've sent multiple reminders ...
0 votes
1 answer
84 views

Why are only thiamin (B₁), riboflavin (B₂), niacin (B₃), iron, and folate required to be added to enriched flour in U.S. federal law? [closed]

U.S. Code of Federal Regulations § 137.165 (a) on enriched flour specifies that it must contains in each pound 2.9 milligrams of thiamin, 1.8 milligrams of riboflavin, 24 milligrams of niacin, 0.7 ...
0 votes
1 answer
68 views

Can I create a "business website" without registering a business or DBA?

Let's say I want to create a website where customers can order custom chairs. I've got a brand, a name, a logo, etc. Do I have to register the business first before publishing the website? There's ...
0 votes
0 answers
17 views

Guidance on Documentation for Cross-Border Collaboration in Financial Project Development [migrated]

As a backend developer addressing financial challenges in Nigeria, I've encountered trust issues locally and am seeking collaboration with developers from America and Europe. Given concerns related to ...
1 vote
2 answers
204 views

Can the USAF legally prevent me from walking on the beach waterline?

TL;DR: Do I have a right to walk on the beach at Eglin Air Force Base if I don't stray from the water's edge? I've been walking along the beach in Florida for years. Part of my route used to take me ...
12 votes
3 answers
7k views

Do companies have the legal right to reduce your salary?

Let's say you signed an "At will" employment contract. And then lets say the company you work for has a 30% reduction in revenue. Can the company just reduce everyone in the company's salary ...
-4 votes
0 answers
52 views

Does the EPA’s Stop Sale Order against BerkeyFilters.com affect the company’s ability to distribute to other consumer facing retailers or to export?

BerkeyFilters.com has received a so called stop sale order from the USA EPA related to their claims of their product’s ability to remove microorganisms from the filtered water. What is the extent or ...
0 votes
1 answer
29 views

US: Does the DBA on the registration and on contracts/businesses have to be exactly the same?

Someone registers a DBA of "Bob Bobby" with the state. However, on the contracts, they sign as [legal name] DBA Bob's Services. Or, they create a website called bobsservices.com, and on the ...
3 votes
1 answer
92 views

May we recieve a compensation payment after the victim has died?

In mid-October, my mother received a notice saying that my father was eligible for compensation (in the neighborhood of $1000) as part of an enforcement action related to the case of USA v. Epsilon/...

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