Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [united-states]

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

0
votes
0answers
56 views

Intentional Torts: dual vs single intent

There is a split of authority amongst states regarding whether the plaintiff must have dual intent or single intent in order to have intent for an intentional tort. However, my textbook is not clear ...
1
vote
2answers
43 views

Can 3rd party websites share my personal information without my consent or knowledge?

I have stumbled across a few websites: https://www.truepeoplesearch.com/ https://www.familytreenow.com https://www.fastpeoplesearch.com www.truthfinder.com that contain a lot of detailed ...
2
votes
3answers
194 views

Are Satanists legal in the US?

I heard that Satanists in USA are legal and are even represented in the counsil of the churches and have "study books" used in school. In Russia there is a law that acts which are done to harm ...
1
vote
2answers
55 views

Companies discriminating based off Political Views? Similarity to Religious Views?

There are frequently reports of companies that are refusing to serve customers who support a certain political party (so a company run by Democrats refuses to accept a Trump supporter as a customer or ...
0
votes
1answer
39 views

Doctrine of Merger in Property Law

Under the Doctrine of Merger a vested or possessory life estate merges into the next vested future interest in fee simple (whether a reversion or a vested remainder) when both are held by the same ...
0
votes
2answers
46 views

Multiple Life Tenants

According to my textbook, there are three ways that a life tenancy with multiple life tenants can be carried out. (1) Life estate lasts until the last life tenant dies; the share of each survivor ...
0
votes
1answer
34 views

Power of termination: how is it different from executory interest?

In CA, all defeasible fees are known as fees simple subject to a condition subsequent, and all executory interests reserved by the grantor after granting such fees are known as powers of termination. ...
2
votes
1answer
67 views

Fee Simple: trick question

O conveys "to A and his heirs, but if Blackacre is used by its owners for hunting during A's lifetime, then to B and his heirs; and if Blackacre is used by its owners for hunting after A dies, then ...
1
vote
1answer
43 views

Kellogg v National Biscuit Co

In Kellogg v National Biscuit Co it was ruled that once a utility patent expires the patentee can never make a trademark-like claim to the exclusive use of the source-identifying function of the shape ...
2
votes
2answers
102 views

Oregon v Newcomb: warrantless searches for animal welfare

Oregon v. Newcomb: A dog is personal property under Oregon law. However, Oregon law simultaneously limits ownership and possessory rights in ways that it does not for inanimate property. Live ...
0
votes
0answers
44 views

The Lanham Act: how similar is too similar in trademarks

The Lanham Act prohibits the unauthorized use of a reproduction, copy, or imitation of a registered trademark in a way that "is likely to cause confusion" with the registered mark. One factor taken ...
23
votes
4answers
10k views

Is a debt canceled if the creditor refuses a settlement offer?

I've been told by several people on several occasions -- in several jurisdictions within the US -- that if you owe someone money, you can offer some stupidly low amount of cash (most versions include ...
1
vote
2answers
42 views

Anticipating “novelty” in patent law

In its opinion the Court discusses earlier wire fence construction that, though somewhat similar to Glidden’s, did not “anticipate” the Glidden invention. “Anticipate” is a term of art in patent law. ...
-1
votes
1answer
179 views

Can I sue the person who posted my private email online?

I reached out to someone who runs a niche website two times about a sad personal matter that fits their niche and after being ignored two times I sent an email where I blew up at the individual for ...
0
votes
2answers
147 views

Can this scheme be used to avoid forced disclosure?

Summary: Possible way to avoid the requirements of giving away the decryption key. Will this work? Many countries have laws forcing citizens to decrypt their private data if they are being suspected ...
1
vote
1answer
61 views

Federal prison and congressional testimony

Assume an individual has been convicted and sentenced for United States Federal crimes and is serving his sentence in the appropriate Federal prison. Then, he is subpoenaed to testify, under oath, ...
3
votes
1answer
241 views

Adverse Possession: Chaplin v Sanders

The “hostility/claim of right” element of adverse possession requires only that the claimant treat the land as his own as against the world throughout the statutory period. 183The nature of his ...
0
votes
1answer
24 views

Where could I find interest accrual rates for wage garnishments?

I am in the process of filing for a wage garnishment again a previous employer and one of the forms as asking me to supply the interest rate that the outstanding balance will be increased by if not ...
1
vote
1answer
63 views

Defining good faith

“‘Good faith’ means honesty in fact in the conduct or transaction concerned.” OCGA §11-1-201(19). “‘Good faith’ in the case of a merchant means honesty in fact and the observance of reasonable ...
2
votes
1answer
57 views

New Car Sold without Incident Reported

Suppose a customer went into a dealership to buy a new car. It is dark outside, but the customer notices a scratch before the sale and everyone agrees that it will be fixed. After seeing the car in ...
1
vote
2answers
75 views

A invites B onto their property. B finds a mislaid item. Can B keep it or does it go to A?

Mislaid property is property that the owner intentionally set down in a place where he can again resort to it, but then forgets where it is. Mislaid property must be turned over to landowner, who ...
3
votes
2answers
38 views

Property law: title vs possession

In property law what is the difference between Title and Possession? They basically sound like the same thing to me.
0
votes
1answer
24 views

Property rights: the power of testimonial disposition

Property is a bundle of rights or legally protected interests, including: Right of possession, enjoyment, and use Unrestricted right of disposition Right to exclude others power of testimonial ...
1
vote
5answers
207 views

Can 2 cars go at the same time at a stop sign?

The first car stops at the stops sign line and then pulls up to the edge of the road at an intersection. The second car stops at the stop sign line behind the first car. When the traffic is clear is ...
0
votes
1answer
32 views

Which crime is done or law violated when a person pushes other to commit suicide? [duplicate]

In Argentina there is a crime that's called "suicidio inducido" (induced suicide) that's when a person physically or psychologically pushes another to commit suicide. I looked for a crime like this (...
1
vote
0answers
14 views

What constitutes “affordable” employee-sponsored coverage for a spouse and dependents?

Looking into the Affordable Care Act rules, an individual cannot receive the tax credit if they are "able to get affordable coverage through an eligible employer-sponsored plan." Here, affordable is ...
1
vote
1answer
55 views

Instructor feels homework demonstrates student is a public hazard, can they show it to a mental health professional for confirmation?

There was a question asked on another forum. An instructor received a student's project assignment and was very disturbed by the contents (it was a diary of a serial killer which included splattered ...
6
votes
1answer
106 views

Is any photo of a toddler without a shirt on child pornography?

The mother of my goddaughter's has many times insisted that her girls (3 and 1.5 years old) cover their nipples before she can take a photo of them if they are doing something cute or photo worthy and ...
3
votes
1answer
536 views

Why there was no trial for Michael Cohen

I am reading in the news that Michale Cohen will be sentenced today, however, I haven't seen any information about trial. Is that because conviction is related to perjury plea, hence there is no need ...
3
votes
2answers
107 views

If an inventor were to create a top secret invention, does this person have a legal obligation to keep it secret?

In a scenario in which an inventor was able to invent something that the government would likely classify as 'Top Secret' or even 'Born Secret', and the inventor knows that it will be classified as ...
0
votes
0answers
18 views

Moving Easements: Is Massachusetts in the minority?

Traditionally, you cannot move an easement without the permission of both parties. However, in M.P.M. Builders v Dwyer the state of Massachusetts decided that in the absence of an express prohibition, ...
1
vote
1answer
48 views

Marijuana Extracts Equivalence to Marijuana Weight

It seems most laws regarding marijuana have varying consequences based on the quantity/weight. How does this apply to extracts such as THC and CBD oils, edibles, etc? Is it based on the weight of the ...
44
votes
11answers
22k views

What if a law is literally impossible to follow?

This question originated from the Australian encryption debate, but I am mainly asking about the US. Just to keep things simple (if a bit absurd), suppose the US passed a law that says, Every ...
0
votes
2answers
126 views

How can it be legal to buy and sell zero-day exploits in the US? [duplicate]

There are companies like Zerodium (Wikipedia: https://en.wikipedia.org/wiki/Zerodium) that buy "functional exploits" and sell them to "corporate and government clients". These are zero-day ...
1
vote
1answer
39 views

Does a DOJ grant of immunity protect against contempt of congress, or reenforce it?

For example, let's take Clinton tech aide Bryan Pagliano, who was granted some form of immunity by the Justice Department. The timeline on this seems confusing, but I'll summarize information I ...
0
votes
0answers
49 views

Constructive Eviction: split of authority?

Is there a split of authority regarding total constructive eviction? I know that according to the majority if there is total constructive eviction you have to move out and don't need to pay any rent. ...
1
vote
1answer
53 views

Tenancy at Will vs Periodic Tenancy: payment

Is it possible to pay for a tenancy at will without having the tenancy at will becaome a periodic tenancy? I ask this because a classmate told me that you cannot pay for a tenancy at will. The ...
1
vote
1answer
108 views

How long can a 10 year old be sentenced for killing a baby in USA?

Yesterday I was reading a news article about a 10 year old girl who killed her baby brother. The girl was charged as an adult with first-degree homicide (Source). I don't know how a 10 year old can be ...
2
votes
2answers
43 views

How to document mortgage payment arrangement with my partner?

My partner and I recently purchased a house. We split all expenses related to that purchase (down payment, homeowner's insurance, inspection costs, etc) exactly 50/50. Both of our names are on the ...
1
vote
2answers
61 views

Can a pre-court settlement include an admission of guilt?

(I do have a lawyer I'm working with in this case, however they are currently on leave for the Christmas holiday season and I am expressly permitted to ask others, even in a public forum, questions ...
2
votes
4answers
109 views

Regarding the Constitutionality of Ranked-Choice Voting

I'm just starting to get into law studies as a highschooler, and here in the USA, in the state of Maine specifically, they have a system of voting called "Ranked-Choice". Now, from what I can tell, ...
12
votes
2answers
895 views

Is the arrest of Huawei's CFO legal?

Meng Wanzhou, the CFO of the Chinese company Huawei was recently arrested in Canada, and is facing extradition to the US, allegedly on charges of breaking violating U.S. sanctions on Iran. The thing ...
0
votes
2answers
27 views

motion practice and timeliness

If a defendant does not timely reply to a response, then a judge orders the defendant to file a reply within x amount of days; is that prejudicial to the responding party? Prejudicial to plaintiff ...
1
vote
1answer
25 views

copyright question (constructs and presentations)

I got a threatening email from someone today alleging copyright infringement on a website that I built as a personal project back in 2013 to crowdsource the latest trail data from the long-distance ...
1
vote
2answers
86 views

Therapist violates confidentiality. Any laws applicable?

A friend is doing counseling as a domestic violence victim at a domestic violence aid agency. The therapist recently disclosed her information, including what they have talked about in counseling ...
0
votes
0answers
38 views

Is it legal for a spouse to gamble against each other at home in the US?

Is it legal for a spouse to gamble against each other at home in the US, with no third-party involved?
0
votes
1answer
36 views

What are “US Business Activities” and “Effectively connected income”, again?

I know this is a confusing matter and there's been number of questions here and articles elsewhere, but maybe it would be simpler in the situation explained below. Assume there's a non-US company ...
1
vote
2answers
51 views

What are consequences for municipal court judges and prosecutors after appeal?

What happens to a municipal court judge and municipal prosecutor if a defendant is found guilty at a municipal trial, but the appeal court reverses the decision and finds the defendant not guilty? ...
0
votes
1answer
15 views

Can Mobile App Terms of Use contain General liability release?

The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility. Definition(s): '...
-1
votes
1answer
156 views

If a woman finishes before a man during sex and he continues is he raping her?

If I orgasm multiple times during sex and I am to exhausted to continue but my man partner continues to thrust in me then is he raping me or is it ok because it started out willing on both of our ...