Questions tagged [united-states]

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

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6
votes
2answers
344 views

Why do cops make up funny stories when detaining people?

In case cops are decent human beings, and these answers are true and the nature of their stop just does not allow them to truthfully tell their victims the reason for the stop, why do they make up ...
0
votes
1answer
24 views

Can a beer brewery and liquor distribution company have almost the same names, since they are different classes/categories?

If a beer brewery has already trademarked the name barrelhouse, and I own a liquor distribution company, for wine and spirits, that I wanted to trademark as barrelhouse selections would this pass?
1
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2answers
212 views

What gives the right to public schools to confiscate your phone?

I've seen a few questions like this one on this site, however, I have not been able to find a credible source dictating what gives schools the power to confiscate a device? Let me give an example: ...
7
votes
1answer
469 views

How much authority do teachers get from *In Loco Parentis*?

I am concerned entirely with the issue as it relates to property. Let's say at Madeup Prep the cell phone policy allows for phones to be in pockets, but not out in class. Some teachers, however, ...
0
votes
1answer
30 views

Are NDAs enforceable if they require violating copyright?

As NDAs and copyright violation usually do not go together, I'll provide some background: Suppose that a company, we'll call them Olio, created a smartwatch that uses publicly available computer code ...
45
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5answers
9k views

Can a Resident Assistant be told to ignore a lawful order?'

Today I have an interesting question involving Police, Fire and university administration. A little bit of background: for the past few years, my University has been involved in a small, awkward ...
1
vote
1answer
20 views

What are the conditions surrounding character witnesses in trials?

I'm interested in how certain trials work in US Law, particularly when it comes to Character Witnesses. How do defence teams go about selecting character witnesses, in particular when it comes to ...
1
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2answers
61 views

When was the freedom of speech part of the 1st Amendment first applied to the executive and judiciary?

the first Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the ...
0
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2answers
89 views
+50

Data Protection Laws

I have recently come across people who I work with sending customers personal and more worryingly bank account details in plaintext over unsecured email internally. This feels to me like it is ...
0
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7answers
117 views

Has US law ever imposed liability for purely unethical behavior, unconnected to professional Codes of Ethics?

I'm familiar with the so-called ethics/law divide, where some acts may be lawful but unethical and other acts ethical but unlawful. This question is not about this. I'm also familiar with ...
3
votes
1answer
31 views

Mandatory Disclosing of Minor's User Data to Minor's Guardian

I was thinking of ideas for software projects to work on, and the one I thought to try brought an interesting legal question to mind. The idea was to create a collection of tools, such as a browser, ...
28
votes
5answers
10k views

Should I serve jury duty when I have no respect for the judge?

My son was once sentenced to 3 years in prison in a particular case. The individual(s) that took him to court had deep personal connections with law officials in our small county. This seems to have ...
1
vote
1answer
90 views

Tenant facing issues with landlord agent (GA, USA)

We recently signed a 1 year lease for a house. A realtor was representing the landlord. We moved in about 2 months ago. At the time of move-in, the realtor gave a walk-through of the house and filled ...
1
vote
1answer
86 views

Why does a mandatory lunch break not count as “waiting time?”

Spurred by this question and my own experience. A previous employer of mine required non-exempt workers (like me) to take a 30 minute unpaid lunch break each day. Because the office location wasn't ...
1
vote
0answers
43 views

In the U.S., can corporations be formed under jurisdictions at levels lower than states?

I only hear of corporations being formed under the jurisdiction of a state. Actually, they seem to come into existence when they are listed in a registry of a state, district, or territorial ...
12
votes
3answers
3k views

When translating the law, who ensures that the wording does not change the meaning of the law?

Background The United States has no official language and has Federal Law based off the Constitution and derived from the English System. Most of the Law in the United States is written in English, ...
1
vote
1answer
52 views

If a landlord approvs a tenant but refuses to allow them to move in, can the tenant recover fees associated with temporary housing?

Venue is NYC/New York State/US. The Situation: Landlord's real estate agent shows an apartment to Bob. Bob likes the apartment, puts down a deposit, submits an application. Application is approved,...
0
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0answers
33 views

Can a mover indefinitely delay the delivery?

I made a cross country move recently from OH to WA. Moving of household items were contracted to a company and they subleased the job to a mover based out of IL. It has been more than two mo this ...
0
votes
1answer
40 views

Total dollar amount of damages sought outstanding in US courts?

Is there any report that sheds some light on how much damages are sought in civil cases in total in the US (or another major jurisdiction, e.g. the EU, UK, etc.) at any given point in time in recent ...
0
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0answers
33 views

Speed bumps on private non-hoa road (California)

I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job ...
5
votes
2answers
188 views

If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?

According to Wiki: The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the ...
-4
votes
4answers
151 views

What is the legal basis for outsourcing call centers? [on hold]

It has now become a staple of everyday life in America that many of the call center which we reach when we call large corporations are staffed by individuals abroad. What is the legal basis for ...
0
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0answers
38 views

Work place photos/images

Can my employer force or require me to take a photo of myself? And then display the image publically at my work location?
1
vote
1answer
198 views

If a tenant is responsible for repairs, are they liable if they do not fix something?

Hypothetical: A single person rents a home, and it is specified in their lease that as the tenant, they are responsible for repairs and maintenance. The dishwasher breaks down. Since this person ...
0
votes
1answer
53 views

Who has right of way between a legal u-turn vs car driving out of a parking lot as per Texas rules?

A car stopped in a left-only lane (not a traffic signal/intersection) on a main street and was making a u-turn (it is not prohibited) and no-through traffic from the opposite side. The car turns and ...
-1
votes
0answers
75 views

Can police tow my friends vehicle from his property? [duplicate]

He lives in Wood River Illinois and has a vehicle that is operable. He is a disabled veteran and can no longer drive. The tags are expired.
2
votes
1answer
90 views
+50

Can a company use another brand's name when describing their product?

I'm working on a project and the best way I've found to sum it up, essentially my elevator pitch, is by saying: It's like X for Y. Can I use the brand in this context as the tag line for my ...
0
votes
1answer
94 views

At what point does a local garden produce exchange run into legal barriers?

I have an idea for a local garden produce exchange. Assuming two neighbors swapping lettuce has zero legal restrictions, at what point would we run into legal barriers while expanding in the ways ...
13
votes
4answers
13k views

If a driver is stopped by police, does the officer have the right to demand car documents?

Whenever someone is stopped by police because of a traffic violation or a regular check, does the police officer have the right to demand car documents and proof of insurance without a search warrant? ...
0
votes
1answer
27 views

Can one get information about US federal misdemeanor citations?

According to New Hampshire Public Radio, in June 2019, Officials with U.S. Customs and Border Protection issued tickets to 29 people for alleged immigration violations at a checkpoint on I-93 near ...
-1
votes
1answer
46 views

Advice if concept is too general for NDA [on hold]

I am currently low on money and have no way of paying for a patent on a new device I have designed. However, I wish to spread my idea to a few others who may be willing to help me grow the concept and ...
1
vote
0answers
52 views

Have watermarks in digital downloads ever been used to prosecute uploaders?

Most digital downloads (music, ebooks) today are protected by watermarks. But I'm not aware of any high-profile cases where these watermarks have been used to prosecute uploaders of said works to e.g. ...
0
votes
0answers
18 views

Question about CIPA

As according to the FCC, The Children's Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns about children's access to obscene or harmful content over the Internet. ...
0
votes
0answers
13 views

Incorrect Trust name on EIN and Tax Return [on hold]

My parents had trusts drawn up some time ago: 'John Smith Revocable Trust' and 'Mary Smith Revocable Trust'. When my father passed last year, my mother received a life insurance payout to 'John Smith ...
0
votes
1answer
115 views

Do the 'not responsible for windshield damage' signs on the back of gravel-hauling trucks actually provide immunity?

Everyone who has driven on the highway knows the frustration of being stuck behind that gravel-laden truck that is slowly leaking rocks as you hear the 'ping ping ping' noises of them bouncing off ...
2
votes
1answer
80 views

Freedom to travel

So in the state of california in napa county a 19 year old male was hanging out with a 15 year old girl. They were thought to be caught in a sexual act. after they were taken in to questioning and ...
1
vote
2answers
37 views

Monitoring software and FERPA

I’m in high school. In my school, students are given Chromebooks with the software called GoGuardian automatically installed, as well as Securly. For some background, GoGuardian saves information and ...
2
votes
2answers
6k views

Who has right of way at an intersection with two stop signs across from each other?

The traffic on the main road (with no stop signs) of course has first right of way. Suppose two cars are across from each other turning onto the main road. One is turning right and one is turning ...
31
votes
7answers
9k views

What if a restaurant suddenly cannot accept credit cards, and the customer has no cash?

If a restaurant normally accepts credit cards, and a customer eats a meal there, then tries to pay with his valid credit card, and the cashier says the credit card system is down and they can only ...
1
vote
0answers
33 views

Does an increase in Tax Exemptions mean I will pay less in Tax for each paycheck? (USA)

I get too big of a refund each year, so I want to get that closer to 0. Not owing and not getting a refund, in tax. Should I increase "exemptions"? Also is "Allowance" and "Witholdings" and "...
6
votes
5answers
4k views

Could the Senate abolish the Supreme Court?

As a follow up from this question, suppose the Senate got tired of the "pesky" Court overturning its laws. Or, suppose that additional elections produced Senate majorities of a different party than ...
2
votes
1answer
259 views

During a traffic stop, does silence serve as probable cause for arrest and search?

Jurisdiction: Anywhere United States Valid driver license is provided during the stop, along with insurance and registration as required by the traffic code. Fifth Amendment provides a right ...
-1
votes
3answers
71 views

Do I have a case against my employer? [on hold]

In March 2018, the financial advisor I worked with, trapped me in my cubicle and asked me if a lump in his groin area made his pants fit tighter. While pressing his pants down to show me the lump, he ...
5
votes
1answer
291 views

If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Background Marbury V. Madison established the practice of Judicial review in the United States, though the principle existed before the case. This gave the Supreme Court power to invalidate laws, or ...
8
votes
1answer
387 views

Can I pay someone to end a relationship?

Here is a common trope in movies and series: Romeo and Juliette love each other, to the great displeasure of Mr. Capulet, Juliet's father. The man decides to privately meet Romeo and to offer him big ...
0
votes
1answer
99 views

Get access to an account of someone living abroad

My brother opened a bank account a couple of year ago in Utah , now he lives abroad and wants to get the money out. He does not have an online banking or a current debit card, only an expired one, but ...
2
votes
1answer
32 views

What is the functional effect of overturning precedent?

Background On occasion, the Supreme Court overturns precedents in part or in whole. This means that a previous ruling (or part of a ruling) from the supreme court that once had stare decesis no ...
6
votes
3answers
533 views

What is the legality of implementing an unrevealed killswitch in software?

In this hypothetical, the poster describes the following: during employment with his/her employer, the poster invents and patents a method (in his/her free time) that it turns out, is useful for his/...
2
votes
1answer
76 views

Are there any Supreme Court cases that have directly issued rulings citing the 25th amendment?

Background Amendments to the U.S. constitution have been cited in rulings of Supreme Court cases, the 14th amendment is a notorious one and the 2nd amendment is another good example. I have been ...
0
votes
1answer
39 views

Using someone else's registered trademark

This seems like a very textbook and common question, but I can't find it anywhere. Here's an example of the situation: A card game called Cards Against Humanity sometimes uses other company's names ...