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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3
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2answers
570 views

Can US courts be made to define whether a given search is reasonable (i.e. constitutional)?

In 2014, regarding the forced disclosure of the encryption keys of his email service provider company Lavabit, Ladar Levison wrote: The largest technological question we raised in our appeal (which ...
3
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1answer
403 views

Is it legal to directly tie a campaign donation to how a US Congressman votes on a bill?

If you had a connection to a congressman, and spoke to him directly, and said vote yes (or no) on a bill and I will give your upcoming campaign $1M dollars, would that be considered legal under US law?...
2
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1answer
460 views

Can a Texas landlord have the rental contract microscopic / unreadable?

My landlord in Texas has the whole residential lease contract formatted for Legal paper, but, for whichever reason, they instead print the PDF as zoomed out on Letter, and the whole thing becomes ...
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2answers
1k views

Why the same-sex marriage Supreme Court decision applies also to Puerto Rico when the Fourteen Amendment does not apply to territories?

This is in relation to a comment on this question that I also made. In one of the comments, one of the users made this statement: The Fourteenth Amendment talks about states (and Puerto Rico is ...
4
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1answer
193 views

What are the legal implications if a borrower gets a loan through reporting “illegal” income?

Suppose a borrower applied for, and got a mortgage from a bank, by reporting an income for several years of say, $100,000 a year. Suppose this borrower had zero legal income during this time, but had ...
5
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2answers
1k views

What would happen if copyright were extended (almost) indefinitely?

In the past, copyright terms have been repeatedly extended, and some people have called for extensions that would effectively make copyright eternal, such as terms of 10.000 years or "forever minus ...
5
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1answer
129 views

What is a “revolution”?

Texas v. White is generally regarded as the case that established that US states cannot unilaterally secede. The majority opinion stated that the union between Texas and the other States could not be ...
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0answers
239 views

How is Texas eviction process different from California's?

For people moving from California to Texas (the direction of the migration is paramount and hard to dispute), and who may be familiar with the eviction process in California, what would be the ...
4
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1answer
332 views

Can California landlords protect against tenants paying retainer instead of rent?

I've heard that in San Francisco, with a landlord that's not on top of his things, and a tenant who doesn't care about his credit report, it would be cheaper to withhold rent and pay a retainer ...
5
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3answers
574 views

Can non-lawyers help people study law and do small claims?

Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
2
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3answers
3k views

Petition or Motion: Finding practical court procedures and rules

Many of the processes for navigating a court can be found online in the state or federal code and rules that govern the court. But not all of them. I tried the following test: Imagine I'm involved ...
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2answers
818 views
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1answer
154 views

Citations of the Declaration of Independence

I know that the Declaration of Independence is generally not considered law, per se. But have its principles ever been cited in the reasoning for a ruling?
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1answer
75 views

Is “hi-speed internet” the same as “broadband”?

FCC.gov regulates broadband in the United States, and as of early 2015, they define it as 25 Mbps download with 3 Mbps upload (up from 4 and 1, respectively, that it used to be prior to 2015). But a ...
2
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1answer
45 views

What are good options for affordable consultations on U.S. law that can be reached from overseas?

I have a U.S. legal problem and would like to know if there are places I could either call or email to get some legal advice relatively cheaply? Unfortunately I am outside of the U.S., so visiting an ...
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2answers
400 views

Can you get a restraining order without cause?

Do you have to have some type of justified reason to get a restraining order? Or can you issue without reason, on whim, or for fun?
5
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1answer
430 views

Do claimless advertisements need to have disclaimers?

My question concerns the requirement for advertisements to carry a disclaimer stating that they are advertisements, specifically in the United States. According to the FTC (though not in these words), ...
5
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4answers
10k views

Should foreign visitors care about speeding tickets?

Driving Route 66 recently, I was pulled over by a state trooper in Arizona for speeding. He said I was doing 90 (25 over the limit) which is questionable. He issued me a $299 ticket and when ...
13
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2answers
725 views

How exactly does civil asset forfeiture work in the United States?

Civil asset forfeiture is a concept that frequently crops up in the news, e.g. the recent Washington Post article "Drug cops took a college kid’s savings and now 13 police departments want a cut". ...
4
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2answers
1k views

Can US student loans be inherited by children or parents?

Just curious if there are conditions where student loans can be inherited by family members that did not co-sign on the loan?
2
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2answers
291 views

Offense that was expunged still showing up

A friend of mine (yes, I'm aware of how that sounds, but it's true) had a felony expunged from his record 10 years ago. Recently when getting screened for a job it showed up and now his job is at risk....
6
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2answers
214 views

Are principles of judicial interpretation subject to legislative control?

In the news you often read about differing philosophies of judicial interpretation, especially when important cases are decided (like several recent US Supreme Court decisions). I recently browsed ...
1
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1answer
185 views

Are there any federal laws in the United States regulating non-digital billboards?

Billboards can be quite a distraction to drivers, and some cities have banned digital billboards. However, I haven't been able to find any information on non-digital billboards, which don't seem to be ...
2
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1answer
479 views

Are limiting voting rights to residents of Puerto Rico unconstitutional?

This is something that I have been thinking after the decision from Supreme Court legalizing same-sex marriages. The Supreme Court based its decision on the fact that prohibiting same-sex marriages ...
5
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1answer
123 views

What are the potential pitfalls of representing oneself pro se?

Where do pros se litigants most often fail? Is it because of ignorance of legal protocols? Is it because they use overly aggressive tactics that most lawyers wouldn't use? Is it because they failed to ...
9
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1answer
3k views

Is a copyright license by default revocable or irrevocable?

If I grant someone a license to use a copyrighted work of mine, do I need to detail my ability to revoke the license within the terms of the license grant, or is that ability inherent to all licenses? ...
3
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4answers
294 views

If a U.S. jurisdiction secedes, can they still keep the old laws?

I've heard that most municipal code is actually copyrighted material, thus, for example, you can't just re-publish it without violating the copyright law. The issue becomes interesting in the case of ...
4
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1answer
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?
7
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2answers
162 views

What considerations determine copyright infringement?

In copyright case law, what roles do process versus output play in determining infringement via creation of a similar work. By process I mean, "How much access did the creator of the new work have to ...
7
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3answers
415 views

Would I get myself into trouble if I say that I'm using pirated material?

Let's say that I am downloading pirated material (pdf books) via bittorrent because I can not afford to pay for the items. If I later say (admit) that I'm downloading and using these pirated ...
3
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2answers
1k views

What to do if your car inspection sticker expires?

What should you do if your inspection sticker expires while you're outside the United States? How will you take your car to the inspection center once you get back home if you're not allowed to drive? ...
4
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2answers
287 views

Why is Supreme Court seeking brief from Attorney General?

It's a well-known concept that federal law preempts state law. Apparently, as per LA Times Op-Ed The case against Colorado's pot law, Nebraska and Oklahoma are suing Colorado to invalidate Colorado's ...
7
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2answers
902 views

How can I verify that an attorney in the U.S. is qualified to practice?

There are two parts to this: How can I ensure that an attorney is actually legally allowed to act as counsel in a given case? Do I have to need to contact the state bar directly, or are there ...
16
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6answers
132k views

When is cursing illegal in the U.S.?

For example, I've heard before that it's actually illegal to swear at a police officer (I've also heard that's true in the U.K. as well, although that's not my question). However, what counts as "...
2
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1answer
137 views

Temporarily Relocating Car from California to Massachusetts

I am being temporarily (6 months) relocated to Boston, MA and will be taking my car from California to Massachusetts. My car (and myself) will remain registered at my home address in California. My ...
2
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1answer
52 views

Is Denver International Airport (DEN) cannabis-friendly?

Denver International Airport (DEN) has a number of smoking lounges, something I've never seen in any other airport anywhere in the States. Are those lounges allowed to sell cannabis, since it's now ...
8
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1answer
195 views

Is contributory “publication” a defense against libel?

Suppose there was a work of fiction where one of the characters was based on a real one. And suppose the real person sued the author and, through the process of discovery, found private emails, author'...
6
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3answers
3k views

Is it illegal to sell a spell online?

This question is for the United States in general for online marketplaces. Some history: Back in 2012, Ebay stopped the sale of spells, and now Etsy has also banned the sale of spells. They have ...
2
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0answers
152 views

Is Texas Apartment Association an example of collusion?

I'm interested in the legal doctrine on why something like Texas Apartment Association is or is not considered collusion. The association provides its members with a comprehensive Rental ...
2
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0answers
205 views

Can you re-assign TAA lease without being liable for damages?

Texas Apartment Association (TAA) apartment lease contract has the following: 30. REPLACEMENTS AND SUBLETTING. Replacing a resident, subletting, or assignment is allowed only when we consent ...
4
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1answer
221 views

Obergefell and its implications on other family rights

Now that same sex marriage is legal in all 50 states, I was wondering what the impact of this decision would be on laws that limit the abilities of same-sex couples to adopt children and other ...
0
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0answers
133 views

Can landlords refuse to sublet mid-month?

I've encountered a big corporate landlord in West Campus, Austin, Texas, that's only willing to reassign the lease at the start of a month, saying that they don't prorate rents. (Interestingly enough,...
2
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2answers
111 views

Process Service - Why the secretary of state?

I understand from Wikipedia that many states in the US require that companies have a designated agent in each jurisdiction where they do business to accept service. It seems that at least in some ...
25
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3answers
4k views

Do disclaimers need to be capitalized?

Are disclaimers of warranty, liability, and the like legally required to be in all-caps? For example, the "disclaimer of warranty" section from the GNU GPL: THERE IS NO WARRANTY FOR THE PROGRAM, TO ...
1
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1answer
3k views

E-Z Pass violation code and law description?

E-Z Pass is an electronic toll collection company in the East Coast of the USA. I have an account with them, and it works great. I forgot to update my credit-card and the account was not able to ...
6
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3answers
505 views

Can landlords refuse to show you contract prior to application?

I've seen some landlords refuse to provide a sample residential lease contract prior to making an often non-refundable application, in California and other states. Is it legal? Aren't you supposed ...
6
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1answer
716 views

Why do municipalities keep laws on the books that are invalid?

Why do some municipalities keep laws on the books that are not valid? For example, what if municipal law violates state law (for example, due to the state law having preemption) -- is it up to the ...
5
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1answer
39 views

Child support calculation in Ohio

Under Ohio law, a person's income must change by 30% or more either up or down to trigger the CSEA to reevaluate the support order amount. If the income changes by a lesser amount there is no ...
19
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1answer
774 views

Is it legal to program a published game for educational purposes (and put the source code on GitHub)?

I own a card game that I enjoy playing (not a playing card game using a standard 52-card deck). I enjoy it enough that I thought it'd be fun to write a program (complete with AI!) that plays that game....
1
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2answers
110 views

Legality of using a business's information

Is it strictly legal to post a business's information on your website? If the answer to the above is yes, then I guess I don't really have another question; however, if it is no, on what ...