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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2
votes
1answer
92 views

Implications with states that classify traffic infractions as misdemeanors

It appears that some states, for example, Wyoming, classify most traffic infractions as misdemeanors. Does it imply that someone who has committed a 5 mph speeding in such a state is technically a ...
3
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1answer
97 views

Does SB-1341 prohibit educational research entirely?

The text of SB-1341 bill (just introduce to the US Senate) is available here. Summary As far as I understand it, if this bill were to pass, researchers would be unable to connect student-level data to ...
8
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3answers
264 views

In Pennsylvania is there more legal protection in forming a LLC as opposed to operating as sole proprietor?

In theory an LLC (Limited Liability Company) offers a level of protection for the owner if being sued. I want to buy houses and rent them out, I have some fear of being sued by tenants in the ...
9
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3answers
2k views

What is stare decisis?

I know in general that stare decisis effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it ...
24
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2answers
2k views

Are there any remedies for abusive or insulting behavior by agents executing a search warrant?

Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up ...
6
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1answer
439 views

How is "defamation" defined?

I have a recollection that late in the 20th century in the United States, A called B a "bastard." B sued A for defamation. The court ruled in favor of the defendant. Its first observation was that (...
10
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3answers
1k views

Challenging jurors for cause based on beliefs in jury nullification

In the United States, is belief in jury nullification generally a valid reason to challenge a jury for cause?
7
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1answer
578 views

Does the gavel have a legal significance, or is it purely ceremonial?

Judges in US courtrooms famously use a gavel at appropriately dramatic points in a trial. If a judge fails to use a gavel, or uses it at the wrong moment, is this legally significant? Or is the ...
9
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2answers
318 views

Under what circumstances do you need a business license?

Specifically, what does it mean to be "operating a business"? I started an LLC in Delaware, but write software to power my company from my home and while I travel across the country. Do I need to get ...
16
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1answer
2k views

Can a spyware or a virus act legally with EULA?

Lets think there is a virus that acts like a software. Its acting like a regular software. It's installation is visible to user and again like a regular software, it asks user to accept its End-user ...
9
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1answer
516 views

Does a boilerplate legal disclaimer protect authors of content on a website?

Specifically, if the website itself has legal disclaimers to protect itself from litigation arising from legal advice provided on it, would a similar disclaimer claiming to disclaim authors of content ...
19
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5answers
167k views

What laws are there regarding being pulled over by an unmarked cop car/undercover cop?

Although this has never happened to me, I've read and heard about people driving on the road and then being signaled (in some way, usually with reds and blues) to pull over for a ticket and the car ...
11
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1answer
682 views

What rights do foreigners have when the CBP wants to search their laptop?

Since laptop and other electronic device seizures at US borders became legal without a warrant (including making copies of data), 7% of ACTE's business travelers reported being subject to a seizure as ...
3
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1answer
104 views

When has Judicial Review not been the process used to deem an act unconstitutional?

Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?
10
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1answer
11k views

Does a black belt have to tell the police that he/she is a black belt

Someone I knew told me that if a black belt in martial arts is pulled over, he/she has to tell the police that he/she is a black belt because he/she is a deadly weapon. I told him that I didn't ...
40
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2answers
6k views

If the police search my vehicle or house without my consent, and they don't find anything, what recourse is there?

I understand that if the police perform an illegal search, then any evidence found during that search will be excluded from a trial, but what if they didn't find any evidence? If the police do an ...
13
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4answers
1k views

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 ...
31
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4answers
4k views

When is ignorance a legal defense?

In the United States, under what circumstances is ignorance of a law or legal principle a defense against legal action?
25
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4answers
2k views

Is “do not resuscitate” on a t-shirt a legal order?

A few months back, I watched a House episode that featured him violating a DNR order, and being taken to court for it. A few days ago, I've come across a do-not-resuscitate t-shirt on one of the t-...
11
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3answers
951 views

Why can't a party raise new arguments in United States court of appeals?

In the Lavabit judgement, I saw this: see also Agra, Gill & Duffus, Inc. v. Benson, 920 F.2d 1173, 1176 (4th Cir. 1990) ("We will not accept on appeal theories that were not raised in the ...
4
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2answers
487 views

Can official information protected by attorney-client privilege be shared with personal lawyer?

During a homeowners association executive session, the board members were given a briefing protected under attorney-client privilege. A board member is now concerned about his/her personal liability ...
14
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2answers
2k views

My company handed me a letter today telling me I owe them money because they overpaid me. Do I legally have to pay them?

I work an hourly job. I got a letter today telling me that they overpaid me and I owe them money. My job pays minimum wage and I'm not sure how they "overpaid" me, their computers pay me per second ...
5
votes
1answer
93 views

How to prevent/protect my rights to content I write (US)

I live in the US and do writing of my own in various forms ranging from blog posts to content for handouts and trainings I might want to resell at some point in the future. What steps I should take ...
11
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1answer
206 views

Requirement of attribution when reusing Wikipedia articles licensed under CC BY-SA

All of Wikipedia's content is licensed under the CC BY-SA, and Wikipedia encourages fulfilling the attribution requirement for CC BY-SA by linking to the original Wikipedia article, which contains a ...
8
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2answers
382 views

Is there any way to bring a criminal case before the grand jury without the support of the Prosecuting Attorney?

Is there any way to present a case to the grand jury if the prosecuting attorney is unwilling to do so?
9
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2answers
2k views

What is the authority of the clerk of court?

In the United States, does the Clerk of Court typically have any type of decision-setting power, or does the Clerk's authority extend only to carrying out directives of judges?
4
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2answers
358 views

Using student directory photos

Would it be legal for me to download all of the student images that appear in my university's directory and post them on a website? The Family Educational Rights and Privacy Act (FERPA) protects ...

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