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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May a juror refuse to answer questions?
I'm working on a novel about jury nullification. The jury decided to ignore the judge's orders and to define what they think the law is. The judge hears the rumor and summons the foreperson to their ...
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Is it plagiarism to exchange video-editing techniques?
My question is based on a real-life incident that is making the rounds recently.
One YouTuber ("iilluminaughtii", real name Blair) sued (or threatened to sue) another YouTuber ("...
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Use-wrap contract formation for locally-run licensed software
In this answer, the Microsoft Windows license agreement is describe as having a sort of use-wrap method of action, where using Microsoft Windows creates an agreement between you and Microsoft because ...
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Can a US President give police a "kill order"?
Warning: spoilers for the TV show Designated Survivor ahead.
The American TV drama Designated Survivor is set in a hypothetical world where terrorists have successfully attacked the State of the ...
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Forcing an HOA meeting?
Say there is a homeowners association that is required by its bylaws to hold an annual meeting and, at that meeting, an election for board members. The board has the power to select the date of the ...
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Is there a good reason for the IRS to seize ATF 4473 Forms?
I recently had someone angrily bring up on Facebook the IRS raid of Highwood Creek Outfitters on June 14th, 2023 where they apparently seized several years of ATF 4473 forms, forms used to document ...
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Does a birth certificate list the baby's legal or biological father?
Suppose a married woman has a child whose biological father is someone other than her spouse (e.g. due to an affair, rape, or because she is in a same-sex marriage), but she and her spouse want the ...
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Does an inherited IRA count toward a specific bequest?
This is a question about US law. I realize there might be some differences across states.
Suppose I have a $3 million IRA with my friend Nellie listed as the beneficiary. Nellie is also mentioned ...
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Can an American sue their own state directly in the federal Supreme Court?
According to Article III, Section 2 of the constitution,
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties ...
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Using a company's logo in reference to something
I've seen a few instances recently where an app or website uses another company's logo and brand name in reference to something.
Some examples include using an internet service provider's logo and ...
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If issuers have to file Form D to easily sell shares of private company registered in USA , then are private company investments not "confidential?"
If issuers of securities have to file Form D to easily sell shares or make private placements of private company registered in USA , then are private company investments not "confidential? ...
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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 ...
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Can federal courts overturn state court decisions on matters of state law?
If a state court rules, for example, that a particular state law is unconstitutional under the state constitution, can this decision be overturned by a federal court?
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Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?
Suppose that the Court of Appeals for the Ninth Circuit has ruled that a federal law is unconstitutional. Because I live in the Ninth Circuit, I am now allowed to "violate" the law.
What if ...
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Would the US Marshals have concurrent jurisidction to arrest January 6 protesters with active federal warrants along with the FBI?
I have family members who work in the US Marshals that I will be seeing soon for Thanksgiving.
While I can certainly submit tips to the FBI, such process is rather impersonal and is just more ...
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Is a non-exclusive and revocable license valid consideration for a legal agreement/contract?
This question pertains to U.S. law, and California law specifically, if it matters.
The motivation behind this question is the scenario where a company has supplied parts or equipment usage to a non-...
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Why are US convicts sent to prison with a public "rap sheet" detailing the charges against them?
I watched a documentary where it was stated that US convicts would be sent to prison with a piece of paper detailing what they have been convicted of. Many other inmates would try to steal this ...
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In U.S. is there any IP concern when my own company pays expenses for prototype development? [closed]
This question pertains to U.S. law, and California specifically if that matters.
Suppose person A founds a company that is owned by themselves and a trusted partner person B. Person A has a majority ...
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Could my son get in legal trouble for a poor taste joke he made on social media?
My son is 16 and runs a meme page on Instagram. A couple of hours ago, he posted a photograph of Lord Mountbatten with the caption "hey British people, the IRA made Lord Mountbatten go boom, how ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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....
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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?
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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 ...
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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.
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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 ...
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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-...
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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 (...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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