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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27
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5answers
17k views

Are judges immune from prosecution of crimes committed while acting as a judge?

Discussing the civil lawsuit to Hans Reiser's murder conviction, Wikipedia states: "Judges ... are immune to lawsuits regarding their official conduct." In the United States, is that true? Surely,...
3
votes
2answers
185 views

Publishing code for redesigning web sites on Github

I've been learning web designing for a while now, and I hope to achieve an internship in this field sometime soon. I've noticed that most prospective employers ask for samples of work while looking at ...
6
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2answers
568 views

Are pre-employment drug screening results not obtainable by the patient?

Can an individual require access to his pre-employment drug screening results in the United States? I am mostly interested in California and Massachusetts.
7
votes
2answers
364 views

Is there legal precedent for judges require marriage as a condition for probation?

So apparently in East Texas a judge has ordered that a man marries his girlfriend because he assaulted her ex-boyfriend. The conditions for probation were: Marrying his girlfiend within 30 days ...
6
votes
2answers
200 views

Worst realistic effect in the U.S. of JSLint license?

The JSLint license specifies that code "shall be used for Good, not Evil". It's been a source of (what appears to be) alarmist and ridiculously overblown controversy for a while now. I've noticed ...
3
votes
2answers
357 views

Right to privacy at place of work

In the United States, is one's workplace generally considered to be a place where an employee can assume a relative level of privacy from hidden surveillance? For example, suppose that I had a ...
3
votes
2answers
552 views

Can a lab make patients pay to access test results?

Can a lab make patients pay to access their test results (e.g. blood test results)? The results are sent to the physicians, but the patients need to pay to access the results from the lab, even though ...
3
votes
1answer
361 views

Can doctors make patients sign contracts?

Hypothetical: You're waiting in your doctor's office for your provider to perform a medically-necessary procedure. In walks a coordinator who requests you sign a contract for your upcoming procedure....
9
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1answer
2k views

How often are requests for search warrants declined?

Before law enforcement can search a property, they need to obtain a search warrant (with some exceptions). That is, they request the warrant from a judge/magistrate/court, that then decides whether to ...
7
votes
1answer
1k views

Could an employee be fired as they are about to quit in order to pay them severance?

In series finale of The Office, Jim and Pam are about to quit their jobs in Scranton to move to Philadelphia. As they are about to quit, their manager, Dwight, fires them, and tells them that they ...
9
votes
3answers
1k views

Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as ...
22
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3answers
2k views

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 ...
9
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2answers
1k views

In the United States, when can someone legally search my personal laptop? (Government or private security)

Unlike the United Kingdom, U.S. citizens don't have an explicit right to privacy in the Constitution. Although there are implied privacy rights within "penumbras" of the Bill of Rights this has ...
5
votes
3answers
374 views

Can a school provide preferential treatment for one allergen and not another?

Our daughter is allergic to dairy milk. We provide her almond milk at home, however our school has told us we cannot bring in almond milk due to concerns about nut allergies, and that we should ...
12
votes
3answers
4k views

When a criminal statute is repealed, are those still held under it automatically freed?

How was this handled in the past when things were decriminalized, e.g. homosexuality? Is there an automatic process that guarantees freedom for those held under an abolished law, or does this have to ...
25
votes
3answers
18k views

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 ...
13
votes
3answers
2k views

What are the legal implications of “finding” money?

What luck! You found $1M in a suitcase while hiking in the wilderness. Because you are a law abiding citizen, you diligently report all your found money to the IRS. No one, including yourself, has any ...
9
votes
2answers
2k views

What are the Powers of the office of the United States Vice President?

The Constitution lists the powers of the Vice President as President of the Senate and provides him or her a tie-breaking vote. Also the Vice President is granted powers under the 25th amendment to ...
17
votes
4answers
4k views

Can someone more wealthy than me bury me in legal fees?

USA Federal Law - I have a company worth about $6m. I got on the bad side of a person with a company worth well over $750m (with attorneys on staff). The CEO threatened to bury me in an endless sea ...
2
votes
1answer
182 views

Fringe case of naturalization and dual citizenship (United states)?

So I've given a look over State Department policy and am unsure about exact actions that can result in revoked citizenship. From here it seems naturalizing with intent to lose citizenship in another ...
4
votes
2answers
143 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?
6
votes
2answers
304 views

Is there any legal requirement to use the phrase “you've been served”, as seen on television and in movies?

Many American television shows and movies who have a character who is being served some kind of legal documents will have them handed some papers and then being told "You've been served". Is this a ...
3
votes
1answer
3k views

Under U.S. Law, what does “Notwithstanding” mean?

I am being asked to sign an non-disclosure agreement and one of the sections focuses on the ownership of any "works" (defined broadly to include everything from ideas to tangible products) which I ...
2
votes
1answer
122 views

How ironclad are businesses's terms and conditions?

I was wondering how binding my websites Terms and Conditions are. I specify a few things there, including a return policy and terms of use. I am in California. I'm starting to sell to the U.S. and ...
2
votes
1answer
94 views

Will the Iran nuclear agreement become a treaty if passed?

United States. Question Will the agreement between the United States and Iran regarding their nuclear program become a U.S. treaty if passed by a simple majority of Congress? My understanding is ...
2
votes
0answers
53 views

Can I swap two IMEIs that I own?

I'm aware that cloning IMEIs and swapping them to bypass a blacklist is illegal, but can I legally swap the IMEI on two phones that I own? Both of these phones are "clean," meaning neither of them ...
3
votes
1answer
140 views

Kidnapping if two children run away, and one turns 18?

So let us say that if there were two minors that ran away together. If one of them turns 18 after they have run away, could the 18 year old be arrested for kidnapping?
4
votes
3answers
242 views

Implicit lottery: what if there is no prize?

I often receive emails asking me to do something in exchange of potentially getting some prize (e.g. Amazon Gift Card). Example 1: A great bonus is that if you download Riffiti in the next 48 ...
5
votes
1answer
673 views

Mens rea in hypothetical “illegal” abortion

Consider the following hypothetical scenario. I recognise that it very likely to never occur, but I am interested more in the technical implications than in any actual possibility. Additionally, while ...
4
votes
1answer
785 views

Can a school punish you for appearing in court?

My friend missed an assignment in school because of a mandatory court summons. The teacher gave him a failing grade, and overall his grade dropped 3 letters for something he couldn't control. I'm ...
7
votes
1answer
316 views

Can fiction “fail” to be defamatory if it is “less bad” than the actual facts?

In the year 2000, Fox TV produced a rather embarrassing show called "Who Wants to Marry a Multimillionaire." Insiders know who did what within the show, but suppose someone produced a fictionalized ...
6
votes
1answer
209 views

Is it lawful for naturopaths to present themselves as doctors in the US and Canada?

Some naturopaths put "Dr." in their title (without completing a medical or any other doctoral degree). Is that legal?
2
votes
1answer
152 views

Liabilities without explicit consent in contracts

I have been wondering for quite a while now about the following question and have been unable to get a definitive answer. I have asked lawyers who do not know for sure (and this is their field). My ...
3
votes
0answers
365 views

Volunteer work while on F1 visa in the USA

Can an F1 international student in the United States who is employed 20 hours per week as a teaching assistant or research assistant perform some volunteering work that potentially grant him/her some ...
20
votes
4answers
7k views

Can a US citizen be required to provide the authentication key for encrypted data on a confiscated computer?

I'm asking this for the sake of a story I was considering writing. Assume that someone has a computer, and within that computer he has some encrypted data. He is accused of a crime and the police ...
2
votes
1answer
91 views

Format of a Deposition

Is there a set / standard format for a deposition? Not the process - the format of the text document. For example are page numbers and line numbers always the same? If so what are the rules around ...
3
votes
2answers
741 views

Demanding lawyer fee discount after weak representation

Is there a practice or custom of demanding reduced legal fees for poor performance? Background example: Our company was sued for alleged patent infringement. We provided a detailed explanation to our ...
8
votes
2answers
814 views

Do user agreements with a company carry on after corporate mergers or splits?

I wanted to ask in regards to the eBay/PayPal split about a month ago. Namely: Do the user agreements continue once the companies split? In my mind, because PayPal is splitting off into its own ...
4
votes
1answer
149 views

How does the process of a law appointed therapist work?

Say, for example, when a high school student is charged with a Minor in Possession for possessing alcohol, or with a similar charge for some other controlled substance. My understanding is that for ...
5
votes
1answer
495 views

Is it legal to publish schematics from reversed engineered electronics?

If I were to analyze an electronic device and reproduce the circuit schematics, would it be legal to publish the schematic? I know that there might be issues with selling a clone but I am not so ...
2
votes
1answer
600 views

Does Pennsylvania have a mature minor doctrine?

I'm not trying to get medical care, I'm just curious. I was wondering if the state of Pennsylvania had what is known as a "Mature Minor Doctrine" which, if I understand correctly, would allow minors, ...
12
votes
1answer
4k views

Are Captcha solver farms illegal?

Let say that captcha is a picture that prevents automated programs to do a certain task. Now imagine that we have a service in which some people works to solve some captchas. These captchas are sent ...
1
vote
1answer
482 views

Why does this mention the U.S.?

There's a company near where I live called House of Air; it's a trampolining thing so, naturally, it has a waiver which explains as specifically as possible the many and varied ways you could ...
1
vote
1answer
203 views

It is considered fraud to register a business just to get store discounts / benefits?

I went to this store where in order to buy merchandise, I need to have a membership card from them, but in order to get the membership card, I need to own a business. I found that some of the things ...
12
votes
2answers
378 views

Practicing Law without a License over the Internet

John Smith is a US citizen who is ordinarily a resident of California who is not and never has been admitted to the bar in any jurisdiction. He is travelling in the UK, and gives legal advice on ...
4
votes
1answer
560 views

Precedent of doctor being sued after giving his private phone number

I'm looking for a precedent of a doctor getting sued after giving his private phone number for a patient to consult, yet not being available at a moment of emergency.
1
vote
1answer
99 views

Doctor sending private information over whatsup for consultation

If a doctor sends screen grabs, taken by his smartphone, of different patients' confidential health files to other doctors for quick consultation, does that potentially violate any law? Could that be ...
6
votes
3answers
651 views

Is it illegal to retaliate against employees for sharing salaries?

I read on EricaJoy's salary transparency experiment at Google: It's illegal to retaliate against employees for sharing salaries. Is that so, in the United States?
12
votes
3answers
8k views

Is it illegal/unlawful to use an adblocker?

So, this might sound like an odd question, but at a very simple ethical level there is a clear problem with using an adblocker. There is, after all, a very clear understanding that ad providers are ...
2
votes
1answer
51 views

How common is it for bills to be introduced in both the House of Representatives and the Senate?

Five bills are mentioned in this report. Two of them, H.R. 2422 and S. 829, are very similar and appear to be applicable to the same situations (though I can not find the full text of the latter), ...

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