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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When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?
We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by ...
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In the USA, can treason be protected by the First Amendment?
Mildred Gillars was convicted of treason September 10, 1948. As I understand it, first Amendment protects unpopular speech, but is confined and not unlimited. The classic example is that one can not ...
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At what point does refusal to report a crime make one an accomplice to a crime?
This is a question out of curiosity only, indirectly inspired by my last question post. I'm wondering at what point not reporting a crime is itself a crime.
I know that if someone happens to witness ...
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Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?
Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official ...
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Trade restrictions on open source software
Apparently the US has put Huawei on a trade blacklist that prevents US companies to trade with Huawei. With hardware and proprietary software it is straightforward how this can be executed (don't make ...
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Can you legally defend yourself against an attacking police officer?
If a police officer physically attacks you, with or without intent to arrest, can you legally defend yourself? Assume that the police officer punches/kicks/grabs first, and you are not guilty of any ...
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What exactly are an officer's requirements in order to demand ID in the US (New York)?
I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this:
A ...
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To what extent is suicide legal in the U.S. and in individual states?
At one point, legal scholars referred to suicide as a form of self-murder (for example, see Coke or Hale).
Are those who take their own lives guilty of some crime, or have some forms of the act been ...
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What if I did something that was a crime, but has now become legal?
There was a question recently about what happens if I do something that is legal today but becomes illegal in the future. The obvious question is what happens in the opposite case? If I do something ...
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Are cops required by law to have "reasonable suspicion" in order to detain a person? If so, do they have to inform the detainee about the suspicion?
I was stopped while cycling on hwy 59 in Texas, about 50 miles south of Huston.
Officer started asking me questions about my travels.
I asked: "Have I done anything illegal?
Officer: "No, but I ...
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Is it legal for a restaurant to not accept cash?
I recently went to Sweetgreen (a make your own salad place) for the first time. When I got to the end of the counter and was ready to pay, I tried to hand the cashier a $20, but he said "I'm sorry sir,...
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Must the reason for a permanent ban for a paid online game be provided?
Suppose that a fully automated anti-cheat system (claimed by a company to be 99.99% accurate) wrongfully and permanently banned a player from a game that requires a one-time fee to begin playing, ...
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Can a natural US person hold citizenship while remaining non-juridical?
What law should be referenced regarding when and how a natural person becomes a juridical person in the US?
According to Wikipedia:
While human beings acquire legal personhood when they are born, ...
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Is it illegal to post a picture of someone without their permission?
If I took a potentially embarrassing photo of someone and posted it on a social media site without the person’s permission, such as instagram, could that person take legal action against me?
Also, ...
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Why would someone face 2nd and 3rd degree murder, and manslaughter for the same killing?
A judge just dropped the 3rd degree murder charge against Derek Chauvin. He still faces a 2nd degree murder charge and a manslaughter charge. This doesn't make sense to me. How can someone face ...
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Is it legal for police to travel with a film crew and publicize arrest footage without consent?
Am I right to assume that police bodycam footage is only allowed to be released as part of a court order / as evidence?
If this were true, than wouldn't a news crew accompanying the police officer ...
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US laws requiring US citizens to enter the country at designated border crossings
I've been able to find only one law that requires people entering the US to use designated border crossing points, which is 8 USC 1325. This law applies only to aliens, however; both relevant ...
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What are the legal requirements in the United States for being recognized under federal law as "white" or a "white" person?
Primary resource: [Hefny v. _ (1997) (citation needed, appears to have been dismissed by the U.S. District Court)]
Secondary sources:
Egyptian Immigrant Wants to be Reclassified as Black
Race, ...
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Is it legal to sell stock market predictions online?
Suppose that a developer has built an AI which predicts the day's closing price given the stock's history and current open price, and has also built a website around it, on which such predictions are ...
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Can a U.S. President undo an act of clemency or a pardon of his predecessor?
Can the next U.S. President undo the current President's pardons?
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ASKED: Why do many "No Trespassing" signs say "POSTED"?
Many "no trespassing" signs say "POSTED" in large letters at the top. Why? Obviously, the sign is posted; that's the whole purpose of a sign. To me, it makes as much sense as ...
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Can you refuse to swear on the Bible?
Everyone has heard the procedure to get sworn in in an American court:
Put your hand on a Holy Bible and answer yes to "Do you swear to tell the truth, the whole truth, and nothing but the truth, so ...
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Is it illegal to run away from a police officer in a way that provokes them, in the US?
So I know this is very silly and obviously hypothetical, but I've wondered about it for a while.
Let's say you aren't doing anything (else) illegal, you don't have anything illegal on you, and you ...
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Can I sign legal documents with a smiley face?
The signature on my driver's license is a unique and identifiable smiley face :-)
I use this signature to sign all legally binding documents. A lot of the time, people reject it, and request an &...
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Is it illegal to infringe copyright if your boss or your client ordered you to do it?
The first possible scenario is this: suppose you work in a company, and you need to install some software for a client. The software needs to be purchased, but the boss tells you to just download it ...
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What is the legal take on the trolley problem?
From the Wikipedia page on the trolley problem:
There is a runaway trolley barreling down the railway tracks. Ahead,
on the tracks, there are five people tied up and unable to move. The
trolley ...
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Is it legal to break into a locked car to get a child out in hot weather?
The NHTSA's page about heat stroke in cars seems to imply that if you see a child left in a locked car on a hot day, you should break into the car to get the child out. "If you see a child alone ...
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Can the President of the United States pardon proactively?
President Trump's administration has just formally started the transition process. He is now officially a lame-duck President. It is common for outgoing Presidents to grant pardons in this last phase ...
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How do free-speech protections in the United States apply in public to corporate misrepresentations?
Last night, I was driving behind a truck that had a very official-looking sign like this:
(Sign says, "WARNING STAY BACK 200 FT. NOT RESPONSIBLE FOR BROKEN WINDSHIELDS!")
Some cursory Googling ...
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Can one be liable for poisoning food one expects to be stolen?
A friend of mine posted about how someone keeps stealing her food at work, and I recommended she lace it with some insanely hot hot sauce. Someone else commented that she could be liable for ...
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Can U.S. states establish state religions?
The first amendment says:
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 ...
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What are "freemen of the land" or "sovereign citizen" theories and do they hold any water?
Various questions so far have asked about the constitutionality, or not, of various freemen theories, which include "Fourteenth Amendment" citizens and is quite possibly a variant of the Sovereign ...
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Can a vaccine be required by law?
This question came up because I read that Bolsonaro, Brazil's president, was criticized by the opposition for saying that COVID-19 vaccinations won't be mandatory. The opposition said that the vaccine ...
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If an adult is raped by a minor, is it statutory rape?
Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
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Is the right to keep and bear crypto protected by the Second Amendment?
Stumbled across an interesting comment in regards to the recent events about TorProject and a public library in Lebanon, New Hampshire, U. S. of A.:
http://www.dslreports.com/forum/r30291606-So-let-me-...
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Is there any remedy for unnecessary insult by police in the course of their lawful duties?
Following up on Are there any remedies for abusive or insulting behavior by agents executing a search warrant? the more subtle question needs the following elaboration:
My impression is that as far ...
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Can an extra-terrestrial be legally adopted?
Background: My client has disclosed to me that he is an extra-terrestrial entity who arrived from another planet some time after 1900. He was sent to Earth in a rocket by his (now dead) parents, then ...
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Do police have a civil duty to do their job?
If someone steals my car and the police refuse to respond, and in fact prevent me from taking action to recover the car.
Can police be sued for not doing their job? I.e., if I spend millions of ...
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Why do courts dismiss cases as moot?
Trump recently received a subpoena that would have forced him to testify at a trial. He appealed it saying he couldn't be compelled to testify as the sitting president. The appeal is now dismissed as ...
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If I live in the US can I be prosecuted for answers describing illegal activities?
The internet allows for some level of anonymity and occasionally you will find posts that give detailed descriptions of how to perform an activity that is illegal. Examples may include how to ...
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(When) are police required to identify themselves?
It was my understanding that when a citizen asks for an officer's name and badge number, they're required to provide it to you (in Michigan).
Is there a law pertaining to this? If so, is it only the ...
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Can one be prosecuted in the US for buying stolen goods if one was unaware that it was stolen?
I have a practical example question that this applies to, so I'd like to know the answer in general, but specifically how it applies here.
Let's say I find something I'd like to buy on Craigslist, ...
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What methods exist to provide relief in criminal cases where the state refuses to prosecute?
In this question it was shown that it is not possible to bypass the States Attorney before the grand jury. But what relief exists in cases where Prosecutorial Discretion might be used to protect ...
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Bike locked to mine: am I allowed to cut through the lock on my own?
Bob locked his bike. Two hours after he found another bike locked to his. Is he allowed to cut through the lock that doesn't belong to him on his own?
I am mostly interested in the following ...
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Can a photo that contains a trademark be used by a political campaign?
There's a current kerfuffle regarding a campaign photo used by the Biden campaign.
The photo shows the logo for the Washington Redskins in the original photo but removed in the photo displayed on CNN....
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Do legal tender laws prevent "no cash" restaurants?
This story about restaurants that only accept electronic payment set me wondering. I know that under legal tender laws a business can set a policy on what forms of payment it will accept, but that ...
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At what point does something become theft?
Let's say Bob enters a store and he only needs to pick up a few small items. The store provides shopping carts but he doesn't use one. He grabs the small items he needs and to transport them to the ...
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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 ...
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If two individuals who are too drunk to give consent have sex are both guilty of rape?
Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. They have sex, both of them either don't remember the details of the ...
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Is self-defense allowed when there are objectively reasonable grounds but it is actually done subjectively for improper reasons?
Suppose that someone uses deadly self-defense in circumstances when it would have been objectively reasonable to do so (e.g., someone has a gun pointed at you and has threatened to shoot). But, the ...
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