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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Legal effect of "I am a health care professional" buttons on medical websites
Similar to this question.
Many websites containing medical information intended for medical professionals require that the user assert that he/she is one before the content can be accessed. Merck ...
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Can computer generated images, text, or other artifacts infringe on a copyright? [duplicate]
a few examples:
An artificial intelligence draws a picture identical to hello kitty, without having ever seen hello kitty before.
an algorithm for generating science fiction novels creates a work ...
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Can a traffic citation be issued solely off of witness account?
In general, one driver reporting the plates of another is not likely to result in a citation being issued. Even if a citation were to be issued, I'd assume the initial caller would be required to ...
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What rules apply to searches of a private college dorm room by university police?
In the United States, private colleges often have campus police, who are employed by the school but are sworn law enforcement officers with full police power in a certain jurisdiction (which can ...
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Can my lease co-signer sublet to someone without my consent?
I live in an apartment in Austin, TX, with a roommate. We're both co-signed on the lease and the lease doesn't expire until next year. My roommate told me this morning that he is moving out and ...
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Can I use a brand name in my book title?
I want to publish a book, which will be sold at a modest price. I will be self-publishing. I'm in the US.
My book is, by its nature, very specific. It is basically a "how to" guide for how to write ...
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Are public university classrooms considered public space?
This question pertains to the USA. In all public universities I'm aware of, anyone can get on campus, sit in on virtually any lecture, and enter the school's library. Does this mean that public ...
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Does the US Second Amendment grant the right to not bear arms?
Does the Second Amendment in the United States grant the right to not bear arms? For example, if laws were enacted forcing ordinary people to bear arms, could they try to strike down the legislation ...
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Effect of Multiple Names on Bank Account
Background: I learned recently that multiple account holders on a bank account keep that account out of probate if one person dies. Or, in other words, if one person dies then the other account ...
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How is it constitutional to require defendants to pay for counsel?
In all criminal prosecutions, the accused shall enjoy the right ... to
have the Assistance of Counsel for his defence. (U.S. Constitution, Sixth Amendment.)
The last Supreme Court ruling on this ...
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No right to a public defender
In a recent court case in NC, USA, the appeals court upheld that the trial court did not make a mistake in forcing a person to choose between counsel and testifying.
Basically, the court appointed ...
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Is "dry-humping" considered rape?
Can fully-clothed dry-humping someone without consent count as rape?
And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US?
Does it matter whether ...
user43
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Legal to treat customers differently based on where they live?
I work at a hotel in the United States (Georgia). Some of our rooms are pretty nice while others are in desperate need of maintenance, pest control, etc. The owner of the hotel regularly tells me not ...
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Why do prisoners spend so long on death row?
In the USA, once appeals have been exhausted, why do prisoners spend so much time on death row?
My personal opinions on death penalty aside, I would expect that once the sentence is final, it should ...
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Subpoena vs Motion to Compel
Are there clear rules on when to use subpoenas for discovery as opposed to requests? E.g., is it correct that subpoenas are supposed to be served for discovery from third parties to a legal action, ...
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What's the status of the estate of someone that has been convicted of stealing, and ordered to pay restitution?
Mr. X has been convicted of stealing $1 million, sentenced and ordered to pay restitution. What is the status of his estate under the following scenarios:
1) Mr. X has spent all the money and is ...
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R. v. Ojibway: impact of the "pony bird" on case law?
In Regina v. Ojibway (8 Criminal Law Quarterly 137 (1965-66)), a Canadian case, a member of the First Nations of Canada had relieved a wounded pony of his suffering by gunshot and was accused pursuant ...
user2822
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Can Warner/Chappell be sued to recover royalties paid to them for the 'Happy Birthday' song?
The District Court of California recently ruled that Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics.
Assuming that this is not overturned, and given that Warner/...
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How do I determine if my injury is work-related? Next steps?
I live and work in Texas. I have had increasing neck and back issues since starting my job, and I recently visited a doctor to try and diagnose the issues.
The doctor said that the injury is most ...
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1099 income during severance period before unemployment
Let's say you are laid off with a month of severance. In the second week of the severance period, you take up a temp job hanging drywall or something like that, that pays you 1099 with no benefits, ...
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Does a foreigner need an official invitation to visit the United States as a tourist?
Does a foreigner (in this case a student from Ukraine) need an official invitation to visit the United States temporarily as a tourist (more specifically not as an immigrant)?
Is there any way an ...
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Is it legal to sell something that uses another product as one of its ingredients?
In example:
If someone sells homemade ice cream where they have crumbled oreos and mixed in to make homemade Oreo ice cream, but generically named "Cookies & Cream"
or
If someone uses Great ...
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Mobile app Collects Children's Data
We are working on a medical app for children. (Of course parents will access the application.)
Is it lawful to store children's health records on a webserver?
My client says it's illegal; that we ...
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Where can I get a list of driving "primary offenses?"
As I understand it (and please correct me if I am wrong), (the law in many if not all U.S. states) classifies (non-moving) driving offenses into at least two categories.
Primary offenses are non-...
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Are there any laws in the US that ban the display of offensive symbols?
Quite a few times in TV shows and movies and only once in real life I've seen people with offensive tattoo or shirt symbols such as the Swastika.
Is there a law in the United States that bans the ...
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Can I duplicate media for personal use only?
So, I have bought a lot of things that came in physical format: movies, songs, video games, and all sorts of other digital media.
However, things like CDs and DVDs are rather annoying -- they take up ...
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Where does the title "tipstaff" come from?
This blog post discusses the duties of a "tipstaff" as a role that still exists in Pennsylvania (US) courts, which includes clerical duties such as ordering motions and announcements etc.
There are ...
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Are there any laws in the US against pedophilia stories hosted on a website?
I run a publicly editable website where users can post up stories a various sort. Some are pretty normal, some are sexual, some are a bit perverted, and recently some have drifted into the pedophilia ...
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Can I booby-trap my property against police?
Inspired by this question: Suppose I'm paranoid (perhaps justifiably) that law enforcement personnel might conduct a warranted raid of my property. So I setup booby-traps that are designed to either:
...
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Can a person plead the fifth to refuse to acknowledge his identity?
The answer to my earlier question here: Can you plead the fifth to avoid revealing the identity of someone you were accused of being? ended up with a side debate I wanted to determine the answer to.
...
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In what circumstances are the police permitted to break the law?
I assume (but this isn't necessarily the case) that the police are permitted to break the law in order to enforce it. By break the law, I mean perform acts that would usually be illegal - say, if a ...
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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 legal to republish lyrics?
Can a lyrics web site be legal, assuming there are no special agreements with the artists?
Is publishing song lyrics considered "fair use?"
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Are law enforcement officers obliged to apprehend a subject committing a crime at the earliest possible opportunity?
Inspired in part by this question: if a person is committing crimes of increasing severity, are law enforcement personnel obliged to apprehend them at the earliest opportunity? Specifically, are they ...
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Discriminatory practices for tobacco use?
This is kind of a tricky question, or situation rather. (TLDR-skip to bold)
I am a clerk at a retail establishment that sales cigarettes, as well as food and home products. My main job duty is ...
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Has a food donor been sued for giving away spoiled food?
Regarding food waste, on John Oliver's series "Last Week Tonight" he states:
That's a common misconception. We all think that if someone gets sick you could get sued. I thought that until earlier ...
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Securities Law: Schedule 13G pursuant to Rule 13d-1(d) under Section 13(d)(6)(B)
Schedule 13G/Rule 13d-1(d)/Section 13(d)(6)(B) May an officer and director continue to file a Schedule 13G pursuant to Rule 13d-1(d), instead of a Schedule 13D, if (i) it has been more than 12 months ...
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Are "non performing" loans still "secured?"
Let's say a borrower lends most of the value of a house to a borrower. The lender does so because s/he can use the house as collateral for the loan.
Suppose the borrower goes into default/nonpayment ...
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Can an artist revoke his Creative Commons [CC] content?
Let's say an artist released a photo under a CC licence (for concreteness let's assume the Creative Commons Attribution 4.0 International). You find the photo interesting and save it for later use, ...
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Do pawn shops have third-party consent authority for pawned items?
In Phoenix, Arizona, Leslie Merritt Jr. has been arrested and charged in relation to a series of shootings that occurred along the I-10 corridor in Phoenix.
In court filings, the Arizona Department ...
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How can I free a service provider from estimate liability via disclaimer?
I want to ask for a quote, but I don't want the service provider to be legally bound to the estimate. What should I disclaim in my quote request?
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Is there any recourse for costs and consequences of police detention?
Police can detain a suspect for 48-72 hours (depending on the state) without filing charges. Note that this is before any judicial scrutiny occurs: I.e., not only are you (supposedly) presumed ...
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Is "conflict of interest" applicable to entertainment and music industries?
A simplified version of the general way people usually understand the concept of "conflict of interest" can be found on Wikipedia:
"More generally, conflicts of interest can be defined as any ...
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Why do lawyers "never" call hostile witnesses for direct examination?
In a novel version of "Perry Mason," the fictitious (mostly TV) lawyer called the actual perpetrator of the crime to the stand, as a direct witness because she had declined to testify for the ...
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Offering money to potential witnesses in criminal proceedings
A friend of mine was involved in a confrontation with a police officer in the UK, in which the officer basically accused him of assault. While the officer was arresting him, a bystander shouted ...
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What are the legal implications of evicting a foreign host child?
So, I know of a family in the US that (years ago) agreed to host a teenager from a foreign country, but later tried to kick them out without a flight home. (Thankfully the situation worked out... not ...
Cski
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Is it legal to let sister-in-law drive my vehicle in another state and have her on my insurance?
This is about my wife's sister who is a single parent mom and lives in a different state. Not sure if it matters but I live in Massachusetts and she lives in Georgia.
Because of her life situation ...
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Can Social Media Reviews Be Considered Defamation?
I live in an apartment building. I found an advertisement flyer on my car and I was annoyed. Inside the entrance of the building there is a "No Solicitation" sign. I'm not sure about the legality of ...
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Was I forced into a mental hospital legally?
If, after an accidental Xanax overdose, a person went to the ER to be safe, is it legal for the hospital to force them into a psychiatric hospital for three days? What if the person told the nurses it ...
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What determines jurisdiction when two people litigate in federal court?
A, a resident of California, wants to sue B, who works in New York, for something that happened in New York, using the federal court system. Would this matter be litigated in California or New York? ...
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