Questions tagged [united-states]

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

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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 ...
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1answer
466 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, ...
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23 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?
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19 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 ...
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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, ...
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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 ...
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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 ...
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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,...
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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 ...
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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?
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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.
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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. ...
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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 ...
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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 ...
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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 ...
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2answers
89 views
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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 ...
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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 ...
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0answers
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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 "...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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2answers
137 views

What is the legal status of refusing to hire or work with gay employees in the workplace?

Let us say you found out somehow that an employee is gay. Maybe he mentioned his husband, the way many men talk about their wives. ("Any plans this weekend?" "I'm going to see my husband's family." ...
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2answers
107 views

People have said that the FBI couldn’t raid Epstein’s Island before his “death”

The FBI apparently did not raid Epstein’s property on Little St. James in the Virgin Islands until yesterday. Is this because now that he is dead, Epstein’s lawyers cannot make motions to block search ...
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0answers
65 views

Is There a Default Position on Beverage Refills?

This question was inspired by a 2014 case in South Carolina, where a man named Christopher Lewis was given a $525 ticket (later reduced to a warning) for refilling a drink at a VA Medical Center. In ...
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1answer
96 views

Freedom of speech in court (defendant)

Based on the example of Ed Rosenthal there's something about freedom of speech that's puzzling me: According to the article and to what I've read about the case, a defendant in court has been denied ...
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0answers
28 views

How is a lawyer suppose to handle his client making statements under oath that conflict with what the client has told a lawyer?

The attorney-client privilege is strongly protected so a client can tell the attorney the truth about what happened without fear of that information being used against him. However, there seems to be ...
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1answer
73 views

If I ask a police officer if I am compelled to do something do they have to answer me honestly?

Let's say that I'm being questioned by police as a suspect, and I'm too stupid to have asked for an attorney I could trust to be there. The police are going to try to get me to do things that may be ...
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3answers
113 views

Would police in the US have any alternative for handling a confiscated computer with a hidden partition?

I've heard some fellow geeks (who are always obsessed with computer privacy) talk about how 'amazing' a hidden partition is for privacy. I don't really see the point of all the trouble if I'm not ...
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1answer
2k views

U.S. Jurisdiction over Virgin Islands

Some have argued that Jeffrey Epstein shouldn't have been prosecuted in the U.S. because he committed his crimes in the U.S. Virgin Islands. However, the U.S. Virgin Islands constitute a U.S. ...
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51 views

Are high powered wheel chairs allowed on the sidewalk or road? [closed]

When does a wheel chair cross the line to be not a wheel chair, needs to be tagged, and not allowed on the sidewalk? I know that powered wheel chairs are allowed on the side walk and road where I ...
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0answers
40 views

Like a menu for unbundled legal services

Can attorneys advertise their flat fees on a third-party site without doing all the things that got Avvo Legal Services in trouble? Didn't Avvo Legal services set the flat fee, handle the payment ...
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0answers
75 views

Can someone be involuntarily committed without having prior knowledge?

Can someone be taken into custody for a mental health evaluation and possible involuntary commitment without any notification before someone actually shows up at their door to take them to a hospital? ...
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2answers
14k views

Are employers legally allowed to pay employees in goods and services equal to or greater than the minimum wage?

In the United States, full-time employees (not contractors) must be paid a minimum wage per hour. Assuming both parties agree to it, are they legally allowed to be paid in goods and services equal to ...
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3answers
130 views

I lent someone money then they moved out of state and stopped communicating. How do I track down this individual for prosecution?

Against my better judgement I tried to help a fellow renter, my housemate, in a time of need. I had him sign a promissory note and lent him $1200 in Virginia. After the deadline passed I followed up ...
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0answers
55 views

Can I use confidential information provided under an NDA for other work?

Let's say that ABC Inc provided me some confidential information (CI) for a potential contract that never went through. Now XYZ Inc has approached me and asked to work on this contract with them. ...
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2answers
52 views

Does US law have a notion of supply chain management?

I'm reading about a recent lawsuit filed by Delta Airlines against one of its vendors. Also see Delta Sues Software Provider Over Data Breach and Lawsuits target Delta and vendor for cybersecurity ...
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24 views

“Daily Deals” site for Attorneys/Law Firms [on hold]

Anybody heard of a "daily deals" type site specifically for attorneys/law firms? I've heard of attorneys posting on Groupon and LivingSocial regarding discounted legal fees for various services ...
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1answer
37 views

Is this a Hipaa violation?

Is it a Hipaa violation to take a picture of someone in a medical office if they are not a patient. A person fell because of unsafe conditions and a picture was taken (that did not show face) to show ...