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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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E-3 visa sponsored by own company

If I was a part owner of an LLC incorporated in the US but did not have working rights there, could this entity be used as the sponsor for an E-3 visa (to work for that entity inside the US)? Although ...
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What should you do if you mistakenly charge personal expenses to a company debit card?

If someone accidentally uses the business (LLC) bank account for a personal expense, what does he/she need to do rectify the problem from a tax/legal perspective? Is it as simple as having the person ...
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Can Congress authorize suits against states in pursuance to the Fifteenth Amendment?

In Fitzpatrick v. Bitzer, 427 U.S. 445 (1976), the Court held that Congress may, in determining what is "appropriate legislation" for the purpose of enforcing the provisions of the Fourteenth ...
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I want to use a cover of a song by Alicia Keys and want to know if anyone here can help me figure it out

If an amateur filmmaker wants to use a short clip of a popular song, sung (covered) by a singer other than the one who wrote and popularized it, what permissions, if any, are needed?
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Possible legal steps for psychological damage caused by a company

A friend of mine studies at an American university in the UAE. Recently, he was literally escorted out of the campus building on the premise that it was winter break. It is a common notion that the ...
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2answers
105 views

Why US apostille is not valid for use in US?

I've got an apostille and bottom line says: "...this apostille is not valid for use anywhere within the United States of America..." What was the reason for this? Is it applicable for all countries ...
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In Florida, can institutions be payable-on-death beneficiaries?

I see 1 that some states have laws preventing charities from being named payable-on-death beneficiaries. Does Florida have such laws? Does the state of the charity matter?
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1answer
75 views

Received defective Rx. Pharmacy and manufacturer refuses to refund me

I need advice on how I can get a refund on a defective ~$186 Sam's Club prescription. They were not only ineffective, but I experienced withdrawal symptoms taking those. What legal recourse do I have?...
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Deferred Operator, Borrowing Vehicle, Bodily Injury Coverage

Regarding bodily injury vehicle insurance (not collision), and in the case where a household member, John Smith, whose car insurance agency, for various reasons, marks another household member, Jane ...
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3answers
125 views

Do you have to follow all the orders a police officer gives?

Saw a video on YouTube where a woman is being filmed in Walmart. From what I understood, she was being accused of shoplifting (I guess rolled the cart beyond the registers without paying?), and then ...
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(NC, USA) Employer promised in interview (and verified by email) that time off was paid. Now saying it isn't after I came back

This actually happened to my wife but she's under too much stress to deal with it and I'm not a citizen so I'm less sure what to do. Timeline: In October she did an interview, having already booked ...
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What, besides the younger person's complaint, has caused DAs to prosecute statutory rape?

If I were a DA (District Attorney) looking out "stamp out" statutory rape, I would make the rounds of the hospitals, identify women who gave birth, or were impregnated when underaged, and go from ...
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95 views

In the United States, is Freedom of the Press absolute, or are there limits on it?

I've been doing some research into New York Times Co. v. United States recently, and I'm a bit unclear as to what was the outcome of that case. I understand that Near v. Minnesota established that ...
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41 views

What does “Justicides” mean? [closed]

Context: http://www.oneclubofjusticides.com/ The contentment on that page is shocking but not unbelievable. I've found credible (Washington Post) reporting of similarly shocking judicial behavior ...
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Undeclared participation in wars and other armed conflict under international law

Wikipedia lists US participation in at least eight wars or armed conflicts justified by Congress's 2001 Authorization for Use of Military Force against Terrorists (AUMF). These include wars include: ...
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2answers
51 views

Exemplary (punitive) damages vs. recovery of attorney’s fees: Is one a subset of the other?

I’m a little unclear about exemplary damages vs. recovery of attorney’s fees. Is one a subset of the other? In other words, could exemplary damages due to actual malice be used to recover ...
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2answers
130 views

Does the government have to accept cash for taxes?

If a government entity assesses a tax, does that entity have to accept cash and/or coins, or can they refuse such payments and demand check or card? Assume that it is perfectly normal to pay this tax ...
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2answers
119 views

Is it acceptable to send flowers to a judge after a routine administrative proceeding?

I recently filed a petition in my county court. While I'm aware it's a routine proceeding for county judges, the judge's grant of my petition means a lot to me personally, and I would like to send a ...
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1answer
24 views

United States Patent and Trademark Office (USPTO)

if I used United States Patent and Trademark Office (“USPTO”) for my game name and publish google play store then in this world no one can use my name to publish both App Store and google play or ...
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2answers
91 views

How Honest Should One Be With Their Lawyer?

Question: Should one be unconditionally honest with their lawyer whenever one is being charged with a crime ? In particular what is the correct response when the lawyer asks "Did you do it ?"
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1answer
29 views

what is the validation of logo design?

Recently I notice two game in one is appstore and another one is google play store. but there different company but using almost same logo. My question: is there a violation of copyright?.
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87 views

Is it allowed to “copy” a video game concept? [closed]

I am developing a little mobile MMORPG which is Google Maps based and uses your GPS position to make you play around your area. I came up with the idea after a famous and beloved game called "...
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1answer
109 views

Is the Judge allowed to ask about your nationality or citizenship during a speeding ticket hearing?

I am of Indian origin, legally living in the United States. For my speeding ticket hearing, the Judge asked me in front of the entire court house; "Are you from Pakistan? I replied "no" with an answer,...
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70 views

How to fix a forged endorsement on a cashier’s check

What is the best fix for a cashier’s check with a forged endorsement signature that hasn’t been deposited yet? If the forged signature is crossed out and initialed, and then an authentic signature is ...
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2answers
54 views

Tax law and holding accounts (like Kickstarter)

Kickstarter is a simple example to highlight the question. Let's say I'm Kickstarter's malformed cousin Rickstarter and someone is raising 100k for a project between November and April on my site. ...
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1answer
33 views

What are the types of authority required for the release of medical records?

I am filling out medical records release in the United States. I noticed that the signature requires the patient's signature or a person authorized to sign. It also states that if not the patient, ...
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51 views

Does talking about jury nullification get you blocked from jury duty? [duplicate]

I've heard from a few different (non-authoritative) sources that talking about jury nullification will get you removed from a jury. Is that actually true? If so, does it therefore follow that if you ...
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1answer
55 views

Etsy Production During Work Hours

A coworker in the same building as me uses downtime to knit at his desk. Apparently he will sell these knittings on Etsy for a good deal of money. (>$8k over the course of a year) I obviously don't ...
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1answer
107 views

Document proving date of receiving U.S. citizenship

I am currently trying to obtain a German passport, my mother is German and therefore I have a right to citizenship. However, German citizenship laws say that you can lose German citizenship if you ...
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2answers
159 views

Can people sue the state lottery for jeopardizing physical or financial safety due to lack of anonymity?

I had a discussion with a friend and we both ended up agreeing that it recklessly endangers a lottery winner to publicly reveal their identity. If that person becomes robbed, hacked and/or injured ...
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1answer
232 views

Is furry cub porn considered pedophilia?

So, I was talking with a friend on Discord and they told me that digital drawings of furry cubs that display sexual/fetish content is both pedophilia and zoophilia and punishable by law, but this ...
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1answer
68 views

Consent to illegal activity

In tort law there is a SPLIT amongst jurisdictions regarding whether someone may consent to an illegal activity. Some say consent is not valid (meaning plaintiff can recover) Some say consent is ...
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Differences between Dismissal with Prejudice, Summary Judgment, Directed Verdict, JMOL, and JNOV?

What (if any) are the particular differences in U.S. courts between dismissal with prejudice, summary judgment, directed verdict, judgment as a matter of law (JMOL), and judgment notwithstanding the ...
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64 views

Difference in severance package between 2 employees within a one month span

In my ex-company, there were 2 layoffs with in a span of 1 month. In the 1st layoff, the severance pay package was better than 2nd layoff. Will the employees affected in the 2nd round have any ...
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1answer
104 views

Is it legal to patent an idea and then not use it?

In the HBO show Silicon Valley, a patent describing a technique that could replace paid services with free ones is an important plot point. The patent was never used and seems to have never had an ...
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1answer
27 views

What is prospective relief and executory decree?

In Plaut v Spendthrift Farm the court decided that a federal statute that requires federal courts to reopen final judgments that were ordered before the statute's enactment is unconstitutional on ...
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What standards must US ISPs currently uphold in the quality of their speed and ping?

I'm curious. After a generous amount of googling, I couldn't find any laws or codes from the FCC regarding the standards of quality regarding internet speed and access. What laws are currently in ...
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120 views

Is mandatory binding arbitration enforceable if the contract violation is also a criminal violation

Given a standard contract between companies that include mandatory binding arbitration for any contract disputes: Is arbitration still mandatory when the contract violation is also a serious criminal ...
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33 views

The necessary and proper clause

The Necessary and Proper Clause grants Congress broad authority to enact federal legislation” (U.S. v. Comstock) by “adopt[ing] any means, appearing to it most eligible and appropriate” (James Everard’...
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35 views

Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?

Suppose a US federal attorney/prosecutor brought a case before a US federal court and the defendant is accused of committing a federal crime. The law says that the defendant can be imprisoned up to 5 ...
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2answers
91 views

Do US laws apply worldwide? Which US laws apply worldwide?

Do US laws apply worldwide? Kim Dotcom, never in USA, yet court proceedings for extradition from New Zealand to USA ongoing. A Chinese arrested in Canada during layover for breaking US sanctions law. ...
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33 views

is a state-run monopoly a market participant?

Hypo: A state wishes to tax alcohol to raise revenue while at the same time protect their local producers. They have settled on accomplishing this by prohibiting the sale of liquor in privately-owned ...
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1answer
72 views

Police Officers Knocking at your door

When a police officer is knocking at your door, do they have to tell you or introduce themselves as police officers??
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1answer
78 views

Couple of questions regarding duress and rape in a hypothetical scenario

There's a criminal scenario I'm writing for a novel. Let's say I'm a perp and kidnapped a pair of siblings. I threatened one to rape the other at gunpoint and I had to shoot at his foot to make ...
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1answer
51 views

I am planning to petition citizenship for my brother in the US but have no birth certificate…? [closed]

One of the requirements on the USCS.gov was to fill out the I-30 for petitioning of siblings. The instructions said to obtain a birth certificate but neither him nor me have birth certificates(I just ...
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Telephony Operations on Federally Enrolled U.S. Indian Reservations

Question: Are telephony operations on Federally Enrolled Native American Indian Reservations exempt from the Telephone Consumer Protection Act of 1991 ? Are there any interpretations of TCPA-91; ...
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1answer
120 views

Excuse in Negligence Per Se: why bother with excuses?

When it comes to deciding what kind of weight excuse should have in negligence-per-se cases there is a 3 way split of authority. AUTHORITY 1: Duty and breach are conclusively presumed or established ...
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46 views

Negligence: Common Law Duty of Care

What does common law duty of care refer to? My gut tells me it is just another way of referring to the reasonable/prudent person test but I am not sure.
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34 views

Trespass to Chattel: possessor suing for bodily harm

X performs trespass to Y's chattel. X endures bodily harm as a result of possessing Y's chattel. Can X recover for bodily harm? My goal is to know whether there are any scenarios that fall within the ...
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How words affect apprehension in assault

Assault has four elements: intent apprehension causation damages To meet the apprehension requirement there must be a reasonable belief or awareness of imminent harmful or offensive contact that ...