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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 is it okay as a retail store owner to refuse service to a customer?

I was reading about the bakery that has been fined for refusing to provide a cake for a lesbian couple: http://jezebel.com/bakery-that-refused-to-bake-cake-for-lesbian-couple-mus-1715747809 ... and ...
NickRef's user avatar
  • 61
6 votes
1 answer
2k views

How is the limit of the Fifth Amendment enforced?

What prevents someone from pleading the Fifth Amendment, even if they don't necessarily have something that would incriminate themselves if they answered? Does the opposition have to prove that ...
David Liu's user avatar
  • 163
6 votes
2 answers
410 views

Can Rand Paul be sued for negligent transmission of COVID-19?

Note: I am not wanting to make this political. Please do not attempt to address political aspects of this situation or rail one way or the other. My question would be exactly the same if the facts ...
drop acid not bombs's user avatar
6 votes
2 answers
5k views

Printing copyrighted logos on t-shirts/jackets/apparel without permission: in which situations is it legal?

If I were to order custom t-shirts from a t-shirt printing company with some copyrighted brand on them, (when) would it be legally OK for me to do so without the copyright owner's permission? Is it ...
user541686's user avatar
  • 1,556
6 votes
5 answers
762 views

Is recreational marijuana actually legal in states that voted it to be legal?

Update to clarify what is meant by "actually legal": my question is whether, in states that voted recreational marijuana use to be legal, it is possible for anyone in the US Government (federal, state,...
Adam Zerner's user avatar
5 votes
2 answers
608 views

Are emojis acceptable in contracts?

If I ✍️ a πŸ“„ using emojis instead of words, does that affect the validity of the πŸ“„? Example: Mary will only use the πŸ”‘ to open the front πŸšͺ of John's 🏑 in order to feed his 🐈. Mary will feed the 🐈...
Someone's user avatar
  • 17k
5 votes
1 answer
145 views

Avoiding agreeing to, or amending, digital contracts

Say you are presented with a digital checkbox or a pin pad, a contract with some terms you do not genuinely consent to, and a business process of the counterparty that cannot proceed unless the box is ...
interfect's user avatar
  • 3,501
5 votes
2 answers
3k views

Trademark "un-revivable"?

I've encountered a trademark in the USPTO database which is listed as: CONTINUED USE NOT FILED WITHIN GRACE PERIOD, UN-REVIVABLE What does this mean and what rights might the trademark registrant ...
bwDraco's user avatar
  • 760
5 votes
2 answers
2k views

Is taking screenshots and printing pages out considered fair use, in most cases?

Making a copy of anything could be considered copyright infringement, but what if it is for personal use rather than for distribution? Suppose I print out or take a screenshot of a webpage or a ...
joseph-parsons's user avatar
5 votes
3 answers
1k views

Is it possible for non-EU companies to avoid GDPR regulatory issues through filters and firewalls?

Background Most internet feeds are unfiltered. Everyone who has ever rented or set up a server knows malicious traffic comes in from all over the world, including the European Union (but mostly from ...
Paul's user avatar
  • 325
4 votes
1 answer
1k views

In the US, when and how must police identify themselves during an arrest? What are the remedies?

When and in what manner must police officers identify themselves during an arrest such that a charge of resisting arrest could be sustained against the arrestee in the case that they resist the ...
user avatar
4 votes
2 answers
1k views

If a company prices a product erroneously, then (in the US) do they have to sell the product for that price, if someone buys it at that price?

If a company prices a product erroneously, then (in the US) do they have to sell the product for that price, if someone buys it at that price? Or are they allowed to correct the price and not sell ...
mavavilj's user avatar
  • 141
4 votes
1 answer
461 views

Can a single act by tried as different crimes (or different versions of the same crime) in different jurisdictions, to bypass double jeopardy?

Sparked by this comment: @Raven That is impossible. The crimes at the state and federal level are ?different crimes, enacted by different sovereigns and punishing offenses against different ...
sharur's user avatar
  • 8,811
4 votes
3 answers
3k views

Can one appeal a moot judgement? [closed]

Coming on the heels of this question: It seems like the action for possession would be moot under these circumstances, prohibiting the court from entering judgment. Accordingly, we ordinarily ...
S.O.S's user avatar
  • 601
4 votes
1 answer
308 views

What is meant by direct Taxes in Article 1 Section 2 in the US Constitution?

I am new when it comes to understanding the US Constitution and I am not comfortable with Section 2, Paragraph 3 of Article 1! [Representatives and direct Taxes shall be apportioned among the ...
Gregory's user avatar
  • 141
4 votes
2 answers
178 views

What are the benefits of a incorporating vs. operating an LLC?

I'm in California, but have been told to Incorporate or become an LLC in Nevada. Is there any reason to do this out of state, other than cheaper renewal fees?
Eric ERK's user avatar
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4 votes
1 answer
238 views

Are amateur radio transmissions in the public domain?

I've heard from many non-authoritative sources that all US amateur radio transmissions (except copyright-infringing ones, of course) are automatically released into the public domain, but I have never ...
Someone's user avatar
  • 17k
4 votes
1 answer
3k views

As an Iranian, can I sign an Independent contractor agreement, and work remotely for a US company from Iran?

Are there any restrictions for citizens of sanctioned countries to work remotely for US companies?
kiwi's user avatar
  • 41
4 votes
1 answer
3k views

Does Texas have a legal right to leave the Union or secede?

Many people, possibly even including recent Texas governors, think that Texas has a right to secede from the Union. Does it, or does it not?
cnst's user avatar
  • 5,068
4 votes
1 answer
452 views

Risks of Working for Medical Marijuana Company

Some states allow marijuana for medical use and recreational use, although it is still illegal federally. Is there any risk at going to work for one of these companies? If so is there a difference ...
VenomFangs's user avatar
4 votes
2 answers
2k views

What decides what's "reasonable"?

In reading a few laws recently, I've seen a lot of non specific words like "reasonably", "expeditiously", and "sufficient". I'm wondering how judges decide what is "reasonable" when the way the law ...
Jake Sylvestre's user avatar
4 votes
1 answer
6k views

Can an employer force all employees to open bank accounts in the employees' names?

[asking regarding federal law in the U.S.A. only] Recently I have noticed low wage employers such as fast food and retail requiring employees to open a bank account through the employer. Such ...
Regional Director's user avatar
4 votes
3 answers
879 views

Dashcam video contradicts officer's testimony in municipal traffic court, what are the consequences? How do you charge for perjury?

During a traffic court trial, a police officer's testimony contradicts dashcam video and leads to a guilty verdict. Can the officer be charged with perjury? Who charges the officer with perjury? How ...
user27675's user avatar
4 votes
1 answer
6k views

Does out-of-state tuition violate the US Constitution?

Many colleges and universities charge more to students from out of state. Doesn't this violate the US Constitution, particularly the full faith and credit clause? Has this ever gone to the supreme ...
DrZ214's user avatar
  • 181
4 votes
3 answers
476 views

How do concepts like intent, discrimination, and bias apply to an Artificial Intelligence agent?

Background I work at a financial institution in the United States and have been researching the regulatory impacts of Artificial Intelligence recently - specifically the simple purpose-specific ...
Bruce Pulley's user avatar
4 votes
2 answers
3k views

Can a railroad bar a property owner from access to their property?

A 90+ acre tract of land has CSX railroad on it. The property owner in this rural area hunts on the property. In fact the back half of the tract of land is bounded on three sides by the rail main ...
Kris's user avatar
  • 305
4 votes
2 answers
969 views

Will res judicata kill Bob's case before its advent?

Bob, an unsuspecting auto buyer of the State of California, purchases a new motor vehicle with a balance on its new car warranty ("Cab"). Rob is the previous buyer also within the State of ...
HJay's user avatar
  • 467
4 votes
2 answers
717 views

Why do the accused rarely plead guilty?

I notice that in the United States it seems like the accused rarely plead guilty in the case of a serious crime, even if the evidence is overwhelming. Not infrequently I will see cases in which the ...
Cicero's user avatar
  • 6,920
4 votes
3 answers
2k views

Are only citizens "at the time of the adoption of this Constitution" eligible to be President?

While reading this answer, I noticed some odd wording in Article II, Section 1 of the Constitution (emphasis mine): No person except a natural born citizen, or a citizen of the United States, at ...
user avatar
4 votes
2 answers
29k views

Can customers be kicked out because a store employee personally dislikes them?

An ex-friend works at a store. I know she has a way of manipulating situations in her favor. If I go into the store to purchase items without causing any trouble, could they kick me out of the store ...
Jessica's user avatar
  • 41
4 votes
3 answers
632 views

Could a prosecutor hint the jury about past dismissed cases?

In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record. ...
cnst's user avatar
  • 5,068
3 votes
2 answers
491 views

How long an arm does the U.S. have against foreign "violators" of U.S. law outside the U.S.?

Suppose there is a foreign manufacturer who observes say, anti-pollution laws in his home country, but engages in practices that would be clearly illegal under U.S. environmental laws. Suppose the ...
Libra's user avatar
  • 6,498
3 votes
1 answer
210 views

Can a U.S. non-profit only be created by members of which a majority are U.S. citizens?

This question is about creating a non-profit with (for now) just myself as a board member. Information at the IRS website for registering a non-profit corporation includes this page with suggested ...
Dee's user avatar
  • 245
3 votes
1 answer
10k views

What is the difference between Common Law and Civil Law in the U.S.?

Is there a difference between Common Law and Civil Law in the U.S., and if so, what is it?
lilHar's user avatar
  • 165
3 votes
2 answers
2k views

Who is infringing copyright when hotlinking is involved?

When a page at "Pirate Site" embeds images from "Example Site" by hotlinking, we have the following situation: Pirate Site isn't actually copying, storing, or manipulating anything. The pages only ...
reed's user avatar
  • 1,848
3 votes
4 answers
833 views

How can I tell whether my 4th amendment rights have been violated?

From what I understand, a police officer can stop and harass (detain and ask questions with zero apparent "probable cause") all their hearts desire without being required to tell the detainee what the ...
Alex Doe's user avatar
  • 534
3 votes
2 answers
4k views

Is defending someone being physically attacked self-defence or assault?

Suppose one day a vicious attacker (let's call him Thug) assaults Emily in the street. A bystander (let's call him Paul) rushes to Emily's aid, attacking Thug in her defense. After a few minutes, Thug ...
TheEnvironmentalist's user avatar
3 votes
1 answer
1k views

Definition of rebellion and insurrection in US federal law

18 USC 2383: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall ...
phoog's user avatar
  • 37.9k
3 votes
2 answers
375 views

Does adding a non-committal verb bypass defamation/libel?

So I went to CNN's website today at 6:40est today and saw a headline "Google fires male engineer for reportedly saying Women shouldn't work in the tech industry" Mind you it was just a headline and ...
SCFi's user avatar
  • 235
3 votes
3 answers
261 views

Legal to become president if U.S. adds new state/territories?

If the U.S. adds a new territory, are the people currently living there able to become president? Or does the territory have to become a state in order for the people to be eligible to become ...
Andrew Johnson's user avatar
2 votes
1 answer
153 views

Can a report exempt someone from owning a firearm in the U.S.?

I was reading a thread on the social media site Reddit and the OP discussed how he found out that he was unable to purchase a firearm with no reason given. Though he had no criminal record and no ...
Eric Hernandez's user avatar
2 votes
1 answer
916 views

The "self defense" defense but for pets

If you were to be walking with your family down the street, and a kerfuffle with a stranger were to break out, risking the safety of yourself or your family, in both federal and state courts for just ...
TheEnvironmentalist's user avatar
2 votes
2 answers
265 views

What is a condition precedent?

Here is a Wikipedia definition, of something that must happen before something else happens, but I'm not sure how to apply it to the law. Let's say that there is an angel investor that meets a ...
Libra's user avatar
  • 6,498
2 votes
4 answers
1k views

Business not honoring promotional credits despite extensive efforts to work with them

Overview: I purchased three new smartphones from a large, well-known, phone company on 11/27/2015. Each phone qualified to receive $300.00 in promotional credits after trading in a separate smartphone ...
Xrylite's user avatar
  • 228
2 votes
2 answers
4k views

Are search warrants public records?

Are search warrants public records? Does it matter whether an investigation ended up resulting in a prosecution? If so, does it matter whether the case goes to trial? If so, does it matter whether the ...
Dr. Mario's user avatar
2 votes
5 answers
831 views

Can Hawaii secede from the U.S. through legal means?

Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to ...
Sayaman's user avatar
  • 5,180
2 votes
0 answers
44 views

Familial exemption for investment advisor representative

My parents have asked me to trade for them and they offered me a fraction of any profit. My plan is to set up a limited trade agreement and then manage the account's trades. Before doing so, I want ...
Speckles's user avatar
2 votes
1 answer
88 views

Dealing with IRS Form 1099

I'm running a small U.S. business. Some users make profit by referring customers to purchase services from me. I've been told that I have to send Form 1099 both to users who make such profits from me (...
David N.'s user avatar
2 votes
2 answers
152 views

Where is the line between idea/expression dichotomy?

Just wondering where idea become expression. Let's take The Lord Of The Ring as an example, if i want to write a boook about two alchemist heading to a tower in order to destroy the ring of evil, ...
user6982's user avatar
2 votes
4 answers
591 views

Is it unconstitutional for sellers to have higher minimum age for gun purchases than the federal government?

The last few days (I am writing this on March 1, 2018) have seen several businesses raise the minimum age required to buy a gun to 21. Some examples: Walmart, Dick's Sporting Goods, Kroger. Under ...
NeutronStar's user avatar

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