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Questions tagged [united-states]

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

3
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1answer
80 views

Illegal entrance into my car?

Is it legal for a tow company to enter my car to remove an expired parking sticker and then tow my car?
1
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1answer
41 views

Is it illegal to record someone located in a different state if you are in a one-party state?

If there is a telephone conversation between two people and one of the parties in is a one-party state A and the other is in a two-party state, B, is it illegal for the caller in state A to record the ...
1
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1answer
51 views

Is there a general business equivalent of “stage names” or “pen names”

And by that I mean: a situation where an individual can conduct their general business activities privately within a proprietorship under a fictitious "pseudonym" or via proxy? Though I'd imagine if ...
2
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2answers
153 views

Is there such a thing as “private beach”?

I have heard about certain cases involving the public trust doctrine. There have seemingly been cases where lakefront property owners are trying to change the law in the U.S. to have their property ...
1
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2answers
88 views

Is the thin blue line on the stars and stripes considered desecration of the flag?

Police officers all over the country are flying a flag or wearing patches of the following flag. Isn't this considered desecration of the flag under 18 U.S. Code § 700?
1
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1answer
42 views

Can a Freelancer charge late fees if not explicitly defined in the contract?

For US-Law: Can a freelancer charge a client late fees for late payments if they are not explicitly drawn out in a contract? For example, let's say the freelancer has a contract for an hourly rate ...
4
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2answers
87 views

When does free speech become disordely conduct or disturbing the peace?

Lets say Bob doesn't like the mayor of his city/town. Bob believes the mayor to be corrupt. The mayor is an ex police officer. So Bob decides to protest in front of city hall at noon with a sign and ...
3
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1answer
72 views

Would a second illegal detainment by Police increase a settlement amount?

In the following video; https://www.youtube.com/watch?v=Kez1-dVN3iE A Pueblo, CO L.E.O. illegally detained an individual while taking video outside of a police department on a public sidewalk. The ...
1
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1answer
40 views

Is a commercial landlord liable for damage due to roof leaks?

A tenant has a modified gross lease of a small commercial warehouse in San Fernando, CA. During the rainy seasons of 2017-2018 and the very wet 2018-2019, the tenant reported, on multiple occasions, ...
3
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3answers
72 views

Double Jeopardy: Can someone re-file a dropped suit?

Scenario: Jane files restraining order against John due to alleged violent acts committed by John towards Jane John hires a lawyer: provides info that debunks all claims made against him John's ...
0
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1answer
45 views

Can I sell a Craigslist/FB Marketplace item in a local store?

I want to sell a high value cell phone but I also want to stay safe. Are there any issues with me choosing a local grocery store or restaurant to conduct the transaction (goods for money)? Does it ...
0
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1answer
45 views

Moved from Michigan to Florida

When I moved to Florida from Michigan the only thing I had to go by were the pictures in the ads and on their website. When I got to Florida I found out the apartment complex they posted so many ...
2
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2answers
76 views
+50

Can a platform become a publisher through it's actions?

Platforms are protected under Section 230 of the Communications Decency Act, this allows publishers to avoid liability for most content posted by its users. Can a platform curate the content on its ...
0
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2answers
96 views

What is the difference between a “Natural” person and an “Artificial” / “Legal” person?

I generally understand that 'natural' people are living human beings and 'artificial' / 'legal' people can be private entities / corporations. I know artificial people can be given some of the same ...
5
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3answers
331 views

Is the 21st century's idea of “freedom of speech” based on precedent?

Reading the first amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the first amendment does not say anything about companies limiting it, or ...
2
votes
3answers
78 views

what is “just compensation” during eminent domain?

The United States government uses eminent domain to seize private land for public use in exchange for "just compensation", but would the landowner be compensation for the structures on the land being ...
1
vote
1answer
32 views

Do Covenants and/or By Laws become null due to non-enforcement?

I seem to remember a lecture during my Business Law Classes which discussed nullification of Community Covenants or By-Laws (an HOA for example) when a certain rule has been violated for x-years and ...
0
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0answers
33 views

Legality of Sugar Rocket in CA

What is the legality of sugar rocket in CA? I have found a bunch of outdated answers, but nothing from 2019. If there is a restriction, what is the maximum propellant yield an amateur can make without ...
-2
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2answers
107 views

Lawsuits over fake social media content

Someone developed a social media network that permits users to post local news/events and information. What are the legal ramifications toward the developer if someone uses the platform as a way to ...
16
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5answers
3k views

Defamation due to breach of confidentiality

Hypothetical: I say negative stuff about John Doe to my psychologist, stuff which isn't defamation per se. My psychologist doesn't directly act on my statements, but does share my statements with ...
5
votes
1answer
278 views

Can you be charged for obstruction for refusing to answer questions?

In the following video; https://www.youtube.com/watch?v=NrgVYPkkqX0 An individual is sitting in front of a home when a service call about a "suspicious" person/vehicle is made. The police respond and ...
0
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0answers
24 views

In a New York Subway, Are you allowed to use a vape pen?

Vape pens emit vapor which appears just like smoke. Smoking is not allowed on New York Subways, but vaping is not smoking as there is no combustion. Are vape pens allowed on New York Subways? Are ...
1
vote
2answers
52 views

At what level of granularity is a client required to pay

This is more of a thought experiment more than anything else. But let's say for argument's sake that a client had a contract in place with a worker for 100/hr. And also for argument's sake, the worker ...
0
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1answer
22 views

What's the difference between a “representation” and a “representation and warranty?”

From what I understand, a "representation" is a statement of fact that underpins e.g., a contract. My understanding is that a "warranty" is a promise that if something isn't true, it will be "made ...
3
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3answers
194 views

What is strict liability (US)?

What is strict liability in US law? Is it really possible for a person to be held liable who did not intend to do harm or violate a law, and who was not negligent? (This question is in response to ...
2
votes
1answer
26 views

Can Rule 15(c)(1) be used by original parties to defeat a timely claim?

I am currently in a scenario analogous to this one: Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir). 1.) Plaintiff brings a suit against party A before ...
1
vote
2answers
79 views

Who is infringing copyright when hotlinking is involved?

When a page at "Pirate Site" embeds images from "Example Site" by hotlinking, we have the following situation: Pirate Site isn't actually copying, storing, or manipulating anything. The pages only ...
2
votes
2answers
49 views

Regarding the legal use of a trademarked name in my Android application's package name

I'm not sure if this is the correct place to ask, but I had a quick question regarding using the word/trademark "GitHub" in my Android application's source code (not that actual part that users can ...
2
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1answer
62 views

US Treason Definition vs Technology

I know treason charges, in and of themselves, seems rarely pursued, in part because of its strict definition. However, I was interested in this restriction: No person shall be convicted of treason ...
4
votes
1answer
78 views

Article 13 - Block countries within EU

This is more of a theoretical question, but have been having discussions with coworkers regarding this and cannot come to a conclusion. With the passing of article 13 in the EU, if a site chooses to ...
2
votes
1answer
91 views

Is it illegal to ask a company for money in exchange for information on a bug in their software?

Let's assume that I have a found a bug in a company's website/software which – if exploited – bypasses their paywall and allows me to use their website/software without any payments. I then inform ...
0
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1answer
44 views

What are the benefits of creating a corporation in Delaware?

More than half of public and Fortune 500 companies are incorporated in Delaware. What are the legal benefits of creating a corporation in Delaware over any other state?
0
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0answers
14 views

What qualifies as marital property?

Bob and Alice are getting divorced. They each have jobs, but Bob makes significantly more than Alice. They purchased a home together but each own their own cars prior to getting married. They also ...
2
votes
1answer
58 views

In Texas, Can I sue if I was misled or lied to about the job I would be working

I recently was recruited for a contract software engineering role with a bank. The recruiter on several occasions through emails and phone messages emphasized this was a software engineering role. ...
0
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0answers
30 views

What happens if Reed O'Connor's ruling on the Affordable Care Act (Texas case 4:18-CV-167) is ultimately upheld?

Currently the 5th Circuit is entertaining an appeal to Judge Reed O'Connor's ruling that the entirety of Patient Protection and Affordable Care Act (PPACA or Obamacare) is unconstitutional. If the ...
9
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2answers
3k views

Can criminal fraud exist without damages?

If I fraud someone, invest their money and pay it back is there any criminal offense? Does fraud require damages? Will most judges realistically treat this a criminal case?
2
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3answers
56 views

What is law of the case in the us federal court system for district court judges?

Someone recently brought up the apple fbi phone unlock case and I, not being a lawyer, got curious about whether, if a final decision had been reached by that judge, what exactly that would mean. That ...
0
votes
1answer
64 views

Contract requiring the signing of a statement that may not be true when signed

I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
4
votes
1answer
67 views

Do people born in unincorporated US territories have a constitutional right to non-citizen nationality?

In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States. Instead, if they had no other claim to ...
1
vote
1answer
67 views

Can a judge from another state bring legal action over comments online?

Bob is watching Youtube videos and sees a video of a judge trying to enforce their authority in a public building. This enrages Bob and he begins to call the judge a slew of profanities online. The ...
3
votes
2answers
135 views

Why is threatening to sue not considered extortion?

I'm reading about extortion and it says: Most states define extortion as the gaining of property or money by almost any kind of force or threat of [...], harm to reputation, or unfavorable ...
0
votes
1answer
38 views

Marketplace faciliating the sales of goods not allowed across state lines

Lets say Bob develops an online marketplace that helps facilitate the sale between widget makers and widget buyers. In some states, widgets are illegal. It is also currently illegal to sell widgets ...
2
votes
1answer
39 views

What is considered a reasonable time under the Turner v. Driver case?

Turner v. Driver, No. 16-10312 (5th Cir. 2017), is a 2017 decision of the United States Court of Appeals for the Fifth Circuit that established a First Amendment right to record the police. The court ...
1
vote
1answer
241 views

Is it legal to discriminate due to the medicine used to treat a medical condition?

I will present two different scenarios. Lets say Bob has PTSD from his time in the military. He wants to become an FBI agent. Here are the following requirements from the FBI to qualify; - Must be a ...
5
votes
1answer
98 views

Prior to a divorce, can a spouse prevent the use of any saved assets?

Lets say Bob and Mary are about to get separated and divorced. Bob has a 401K and a savings account that Mary can not access. To prevent having to give Mary half when they divorce, Bob decides he ...
12
votes
3answers
5k views

Would it be legal for a US State to ban exports of a natural resource?

I am interested in whether a US state constitution could be legally amended to ban exports of specific natural resources (such as coal, lithium or copper) outside it's own state borders. If such a ...
2
votes
1answer
39 views

What is the difference between a private exhibition and public performance with regards to showing films?

Most films for home video in the US begin with an FBI warning that includes some variation of this message: Licensed only for non commercial private exhibition in homes. Any public performance ...
1
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2answers
110 views

May a college remove a degree plan without letting students graduate without that degree?

I attended an art school that is part of the UT System, and they removed my degree plan a year after I joined and started removing the classes required to graduate. They informed that I would be able ...
4
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0answers
77 views

Which countries grant extraterritoriality to US citizens?

Some countries have ceded, to the United States, some control in the application of their own laws within their own borders. A historical example would be the Treaty of Wanghia, signed with China in ...
1
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3answers
101 views

Is it a crime to falsely claim to have committed a crime to someone not a legal authority?

I've been wondering about this. I know that, say, it is generally a crime to file a false police report, and the motivation for this seems logical because that it wastes police time and resources - ...