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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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For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

If I have a real property in community property states (e.g. California) that is to be divided equally during divorce, can I pay my spouse that equal amount instead of selling my real property? Could ...
HelloDarkWorld's user avatar
-1 votes
1 answer
167 views

Could parents' LLCs be used as a loophole in US federal child labor laws?

I came across this link: US Department of Labor - Fair Labor Standards Act Advisor It says: The Fair Labor Standards Act (FLSA) sets 14 as the minimum age for most non-agricultural work. However, at ...
Nathan Wailes's user avatar
-2 votes
2 answers
122 views

Breaking and entering vs trespassing

Scenario: A person is caught on the roof of a building without having any prior authorization to be there. When asked to leave by security/building personnel he complies. Security reports to the ...
JuicySeals's user avatar
13 votes
3 answers
7k views

Can my stepdad steal from my room when I’m gone? [closed]

Yesterday, my stepdad accused me and my brother of stealing his batons and a few other things. My brother and I had no awareness to the fact that any of these items were missing. When we denied ...
Stacey Amig's user avatar
0 votes
2 answers
237 views

How Can This Book Published in 2005 be in the Public Domain?

According to Internet Archive, the Diary of Saint Maria Faustina Kowalska (Divine Mercy in My Soul) published by Marian Press, Stockbridge, MA in 2005, is in the PUBLIC DOMAIN. St. Faustina died in ...
DDS's user avatar
  • 1,275
6 votes
1 answer
1k views

What are the consequences or risks of signing a document with a future date?

I know you shouldn't past-date something (e.g. date for yesterday), but what are the consequences/risks of writing a future date on a document? In my specific instance, I'm getting a bridge loan out ...
Elros's user avatar
  • 261
15 votes
1 answer
6k views

Can a district attorney dismiss their own traffic ticket?

Recently in the local news, I watched the body camera footage of the Monroe County NY District Attorney getting a traffic ticket. During the video she exclaims to go ahead and write the ticket ...
rtaft's user avatar
  • 567
0 votes
1 answer
53 views

Can I set additional terms of service for "my" page on a third-party service?

A lot of web sites, like Github or Facebook, have terms of service for the platform as a whole but also let me publish stuff on pages that I have some control over. I can post a README file on my ...
interfect's user avatar
  • 3,491
2 votes
0 answers
62 views

What is a union? How is a union created? What are union restrictions? [closed]

In states within the United States (pick Arizona for example), what is a labor union? I'm not looking for the "organization that represents employees" answer. I'm looking for the legal ...
Eliter's user avatar
  • 151
4 votes
1 answer
188 views

Must car rental agencies provide the state minimum liability insurance or ensure that the customer has it when renting a car in the USA?

I was going through car rental agency SIXT's ToS to understand whether they provide any liability insurance coverage if one doesn't add one of their protection options when renting a car. I read in ...
Franck Dernoncourt's user avatar
8 votes
2 answers
1k views

Can 501(C)(3) sell items that were donated? [closed]

I am an employee of a nonprofit (501C3) museum that sells merchandise to help us expand our reach to the public. My question is: If someone (an employee or guest) donates items for the museum to sell, ...
TiannaCCMM's user avatar
14 votes
2 answers
4k views

Is it an independent and additional offence to have a fake passenger (e.g., a mannequin) to try to avoid HOV violation detection?

Reading https://ktla.com/news/local-news/carpool-violator-busted-in-southern-california-despite-next-level-dummy/amp/ (mirror) made me wonder: is it illegal to have a fake passenger (e.g., a mannequin)...
Franck Dernoncourt's user avatar
-1 votes
2 answers
79 views

Can a U.S. federal appellate court transfer a case to another federal appellate court?

Is there any published decisional authority recognizing that a (U.S.) federal appellate court has discretion to transfer a case to another appellate court? Which would seem to be appropriate response ...
Glen Fallin's user avatar
13 votes
6 answers
3k views

Can copy-pasting a word definition from a dictionary site cause a copyright issue?

I just saw the following at the English language and usage stack exchange meta forum (ELU meta). We should not be pasting definitions from online dictionaries into answers when their terms of service ...
sundowner's user avatar
  • 231
1 vote
1 answer
64 views

Are email “confidentiality clauses” binding? [duplicate]

Sometimes, I receive emails for other people. Some of them have a clause at the bottom that says, “If you are not the intended recipient of this message, please delete it and inform the sender ...
SegNerd's user avatar
  • 5,163
12 votes
4 answers
2k views

Once a congressional bill has become law, how is it noticed by and overseen within the executive branch?

Bills, once they become laws, seem to be archived and internally published somehow. I wonder how the executive branch picks up on and implements them when/after this happens. Someone, somewhere in the ...
2080's user avatar
  • 303
1 vote
1 answer
84 views

How does jurisdiction apply to ownership rights of personal belongings across countries? Can ownership be transferred?

Here is the predicament: A has belongings of B. A is a US citizen based in the US and B is a foreign national of another country. B decides that they are giving ownership of their belongings to C who ...
Vis4Victim's user avatar
10 votes
2 answers
4k views

Can a judge decide a case based on their own legal knowledge?

Can a judge in the United States decide a case based on their own legal knowledge, using some legal theory or argument that was not presented by either side in the case, which neither side therefore ...
Merry Misanthrope's user avatar
6 votes
1 answer
2k views

Can a state force someone to sell it something?

There has been a lot of issues regarding, notably how hard it is for states to aquire execution medicine from pharma companies. Companies which routinely refuse to provide (note, this is not political ...
Nicolas Formichella's user avatar
2 votes
1 answer
246 views

Pleading Not Guilty when you are guilty [duplicate]

As I understand it, a criminal defense lawyer is an officer of the court. As such, he is not allowed to lie. If a lawyer knows that his client is guilty of the charge, can he still plead not guilty ...
Bob's user avatar
  • 1,203
1 vote
3 answers
268 views

Is there a term for making something that is legal but could be used illegally?

I am wondering the legality of making something that is totally legal in itself but if misused by someone is illegal. An example I found online is self-aiming and shooting paintball guns such as the ...
Random Question's user avatar
17 votes
4 answers
7k views

What legal basis exists for challenging absurd (but technically-correct) invoices?

Every once in a while you hear stories about people getting hit with ridiculously high charges, such as for cell phone or cloud computing, e.g.: In the cell phone case, this can happen when (for ...
user541686's user avatar
  • 1,546
26 votes
2 answers
7k views

Can hotel booking companies make up any "original price" they want, or does the claimed original price have to be somehow grounded in reality?

I was booking a hotel room via Agoda in the United States and saw that the claimed original price was much higher than the hotel price rate if booked at the hotel front desk or using the official ...
Franck Dernoncourt's user avatar
0 votes
2 answers
137 views

Under which federal and / or state laws could GDPR be enforced in the United States?

Imagine company Z (spooky, I know). Company Z processes what counts in the EU GDPR as personal information, but company Z will refuse to comply with any requests from the EU, which would make it GDPR ...
tuskiomi's user avatar
  • 255
1 vote
1 answer
53 views

International Trademark

A U.S.-registered trademark restricts U.S. people from using a trademark. However, what agreements are there that restrict U.S. people from using non-U.S. company names or images, or restrict non-U.S. ...
Test's user avatar
  • 565
1 vote
1 answer
38 views

21 days under FRCP 12(a)(1)(a)(i) or 14 days under FRCP 15(a)(3)

When a plaintiff adds a party via an amended complaint, does the new defendant get 14 days to respond under FRCP 15(a)(3) (the rule for responding to an amended pleading) or 21 days to respond under ...
Laymeno121's user avatar
10 votes
1 answer
6k views

In which US states are hush money payments illegal?

I was just reading something from the New Yorker magazine which stated: “Paying hush money is not a crime under New York state law,” Mark Pomerantz, a lawyer who worked in the D.A.’s office, wrote, ...
blue_ego's user avatar
  • 259
1 vote
1 answer
202 views

In US, if I trick a person into knocking a wrong door and the homeowner shoots them to death, what crime would I commit?

Let me start by saying that I'm not a US citizen nor living in the US (I live in a country where guns are illegal), and I'm not familiar with the difference between the gun laws in different states. ...
user141240's user avatar
1 vote
1 answer
107 views

How do I answer an application question about being convicted of a crime?

Applications for jobs, etc. ask I have any arrest or conviction. I was arrested and convicted, but it was thrown out on appeal. My record is clear of any conviction. Must I report it on the ...
KayZee's user avatar
  • 21
0 votes
2 answers
140 views

Risks of Disobeying Zoning Restrictions

What can happen if someone violates zoning restrictions? What punishment from the government is that person risking? If I am reading these laws correctly, it sounds like backyard chickens are not ...
ChickensDontClap's user avatar
-1 votes
1 answer
92 views

Fischer v. United States defense arguments based on literal reading of "Obstructing an official proceeding" vs "What they actually meant was..."?

Oral arguments for Fischer v. United States (Docket No. 23-5572) were recently heard at the US Supreme court, and there have been written filings as well. Wikipedia's Obstructing an official ...
uhoh's user avatar
  • 774
1 vote
2 answers
64 views

Criminal proceedings for a criminal who committed crimes in multiple countries

If a criminal from another country (say Australia) were to commit crimes there and flee to the United States, what government would track him? After capture, would he be returned to the Australian ...
bookloverKM's user avatar
1 vote
1 answer
233 views

Can police lie about your rights?

If you ask a police person a question about your rights can they lie? Are they allowed to remain silent when you ask them a question about your rights?
Neil Meyer's user avatar
  • 4,997
-1 votes
1 answer
131 views

Can a prison sentence be deferred?

This question is prompted by What happens if the elected presidential candidate is sent to prison before they become president? While there's no constitutional reason why POTUS can't serve from jail, ...
Barmar's user avatar
  • 2,379
23 votes
2 answers
8k views

To what extent can US police lie to a suspect?

I believe it is common knowledge that American police are allowed lie to a suspect, but how far can they go? Can they say / show a suspect things like these examples-- We have a witness who saw you ...
LawSE is far too woke's user avatar
2 votes
0 answers
70 views

In the US, what has been the general outcome of COVID-19 vaccine-mandate litigation?

Recently, a friend informed me that he knew someone who had won a lawsuit, with a large award for damages, against his employer, which I believe was a private company, because he was dismissed for not ...
BakedAlaska624's user avatar
11 votes
1 answer
1k views

False information on Florida Criminal History Report, can I sue the state?

I decided to pay $25.00 to the state of Florida to obtain a copy of my Florida Criminal History Report. I found there is blatantly fictitious information on my report claiming I was charged with ...
hermancain's user avatar
6 votes
3 answers
1k views

What are some of the legal consequences of hiring full-time employees as independent contractors?

I read on the Workplace SE people mention being full-time employees employed as independent contractors. What would be the legal consequences of doing so? I'm under the impression that contract work ...
Neil Meyer's user avatar
  • 4,997
2 votes
0 answers
149 views

Can your school ban you from sending e-mails? [closed]

My school has banned every student from sending e-mails to each other. I'm not sure if this is a thing that schools are allowed to do or not, but I feel that they shouldn't be able to. Our school is ...
wolfnicholas672's user avatar
5 votes
1 answer
237 views

Is it legal to send pressed flowers to the United States via mail?

Is it legal to send pressed flowers from my garden to the United States via mail. If it is legal, what rules are relevant? The flowers are common snowdrop (Galanthus nivalis) and crocus vernus. Crocus ...
Newbyte's user avatar
  • 155
6 votes
1 answer
1k views

Is/was there something in US law that terrorists could not benefit from funding/aid "even inadvertently"?

Time wrote in relation to the 2011 famine in Somalia: US aid officials and any aid worker handling US food suddenly had a legal obligation to ensure none of benefitted al Shabab, even inadvertently. [...
against very long user names's user avatar
2 votes
0 answers
104 views

Can lawyers perform actions for the sole purpose of delay if the client is facing the death penalty?

This answer contains the remark: Lawyers are also officers of the court and are specifically prohibited from taking actions in litigation with the sole purpose of delay. (The analysis would be ...
adam.baker's user avatar
  • 1,225
28 votes
3 answers
7k views

Why isn't there financial safety if I am arrested illegally? [closed]

I have been arrested approximately 14 times in my life and never Mirandized. The last time I was arrested, about 8 police officers stood around me asking me what I was doing. After I explained every ...
Moses Isaac Kaufman's user avatar
-6 votes
1 answer
80 views

Abortion and States' Rights in the US

If a fetus is a person, it's not a citizen until after it's born, per the Constitution. That would make birth a process of naturalization (converting a stateless non-citizen fetus into a citizen). But ...
user319249's user avatar
11 votes
2 answers
4k views

Do Trump's lawyers have a fiduciary duty to delay the proceedings?

Trump is currently facing a variety of legal charges. If he is elected to the presidency and takes office, he could order the federal cases against him to be dropped. So it is against Trump's interest ...
adam.baker's user avatar
  • 1,225
-4 votes
1 answer
255 views

Can sexual consent be required to enter a building?

First off, and this should be assumed, but IDs are checked and all people entering are of age. Now, there are technically two questions I'm asking. The first: is it legal in the United States for ...
Henry Williams's user avatar
0 votes
1 answer
1k views

Do I have to file state income tax if I am working mentally?

I am a software engineer. I have the ability to write software in my mind without a computer. It's probably an advantage provided by my autism. There were a few times the code of an application ...
Blessed Geek's user avatar
2 votes
1 answer
627 views

Can legal action be reasonably taken against someone for providing incentive to hurt yourself?

Let's say that Sam the Sociopath invites Peter the Poor man into his luxurious house. They go to a living room with a fireplace. Sam then pulls out 1 million dollars in a fireproof bag that will last ...
chausies's user avatar
  • 4,055
1 vote
1 answer
94 views

Repair obligations in Massachussets house lease

I am reading the language for a lease. This specific provision stood out to me as potentially significant: Subject to applicable law, Tenant shall keep and maintain the Leased Premises and all ...
spectras's user avatar
  • 111
0 votes
1 answer
112 views

Under what circumstances could a state's presidential election results he overturned?

Suppose that clear evidence were found proving that a state's presidential election results were affected by voting fraud. (This is a hypothetical scenario, and I am not referring to any election that ...
Someone's user avatar
  • 17k