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
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1answer
82 views

Can state A prohibit a person in state B from mailing a drug from B to A for a purpose that is legal in B?

This could apply to any drug that is legal for a certain purpose in one state of the US, but illegal for that purpose in another state. However, the case I have in mind is mifepristone and misoprostol....
16
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2answers
7k views

Is it a crime to have child outside of wedlock?

If a legally married man has a child with another woman, what are the consequences for that child? 1- Who will be the legal father of this child in the child's birth certificate? 2- Can this child use ...
8
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2answers
3k views

Should I get divorce before I can marry again in the US? [closed]

I am in the US with F-2 visa. My husband and I are not US citizens or Green Card holders. We are here with F-1 and F-2 visas and our marriage happened in our home country. Now I want to marry with a ...
3
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1answer
97 views

Is someone under legal obligation to return a wrongfully issued refund?

Suppose someone ordered supplies totaling over $1,000. When he picked up the purchase, he was issued a refund that the order was canceled. He now has all the products he ordered and was not charged. ...
1
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2answers
105 views

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through ...
0
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0answers
33 views

Is it normal to buy & sell insurance without details?

'Tis the season for open enrollment at many companies in the US and elsewhere that offer employees the option to purchase insurance benefits of various types. In helping employees make these ...
0
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1answer
50 views

May pre-judgement settlement be considered as compensatory damages for the purposes of punitive damages?

Say Alice is harmed by the bad faith conduct of Bob that results a punitive damages’ multiplier in a suit therefor; however, Bob, post-motion and pre-judgment, offers a settlement for all compensatory ...
1
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1answer
107 views

Double Jeopardy in Texas v. Young?

According to this Texas Tribune article, in Texas v. Young, Clinton Young was found guilty of murder and sentenced to death. Fifteen years later, a Texas court of appeals has thrown out his ...
1
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1answer
40 views

Do ACAT transfers of stock positions between brokers clarify as gross amount of US source income paid or credited to account?

This will probably be a bit tricky. Let's say a non-US person holds 100 US stock ETFs in US Broker A. Then does ACAT transfer of those 100 US stock ETFs to US Broker B. Then doesn't do anything else (...
0
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0answers
50 views

Standards of diligence in statutory obligations

Are there established legal terms that characterize the standards of performance of statutory obligations by the government? These would certainly vary: For example, some obligations that don't ...
0
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2answers
44 views

Significance of the organized/unorganized attribution of US territories

Reading articles re US territories, two terms are given significant (e.g are in the heading chapter AND sidebar header of relevant Wikipedia article) reference: Incorporated/Unincorporated and ...
0
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1answer
102 views

Are Rail Roads required to provide a means of crossing for land-locked (by the RR) private property? [duplicate]

This is Montana and I'm dealing with MLR (Montana Rail Link) and the tracks are leased from MLR by BNSF (Burlington Northern Santa Fe). I am a new owner of a property near this RR (Rail-road). Part of ...
8
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2answers
1k views

Is propensity evidence ever allowed as circumstantial evidence?

I, being a non-expert in any country's/state's law, was somewhat surprised when it was said that propensity evidence isn't, in Wisconsin, legal evidence; see between 5.57 - 8.15 in this video about ...
0
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1answer
130 views

If I buy a bulk product and resell in small packages, do I need to label them?

If I buy a bulk product (several pounds) and resell it in 0.5 ounce packages (this is typically how it is sold, so this would be like a “group buy” except I am fronting the cost) Do I need to label ...
2
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3answers
57 views

How is damage calculated when infringing a copyright?

How is damage calculated when infringing a copyright? I am seriously wondering how it's calculated. Let's say someone post an image he found on Google without attribution on facebook or reddit, then ...
9
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4answers
2k views

Is it copyright infringement to make a derivative work for personal use in the US?

In this comment, user253751 writes: You cannot create derivative works without permission of the copyright holder (even if you create it and keep it to yourself) really? That seems unconstitutional ...
3
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1answer
64 views

Can one use evidence obtained in NY in an MA court - specifically about wiretapping laws

New York is a one-party consent state. This means that only one party must consent to the recording of an in-person or telephone conversation. It is an E felony under New York's wiretapping law to ...
17
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3answers
5k views

Why can the UK's Competition and Markets Authority tell Facebook to sell Giphy?

The UK's Competition and Markets Authority (CMA) tells Facebook owner to sell GIF library Giphy. But since Facebook (now Meta) is an American company, what authority does the UK have to tell Facebook ...
0
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1answer
39 views

Can sharing an image on social media without attribution or permission be considered as being fair use?

Can sharing an image on social media without attribution or permission be considered as being fair use? For example, let's say you're posting the image of an eagle by someone, but you don't credit him ...
4
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1answer
306 views

Can you plead the 5th in a civil case?

There seems to be the idea that the right not to self-incriminate does not apply to civil cases. Is that true?
0
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1answer
189 views

Is Kyle Rittenhouse "out of the woods" or could he face Federal charges?

Kyle Rittenhouse has been found not guilty of Wisconsin state criminal charges. Is there any federal law that he violated?
0
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1answer
63 views

At a high level what are the differences in laws in Canada that make guns more restricted than in the US?

What laws make it so that guns are less used in Canada than certain US states? In both places a person is allowed to keep a gun with them in their home. Hypothetically they can use the gun in ...
0
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0answers
212 views

Why have Dominick Black's charges not been dismissed?

For providing Kyle Rittenhouse a gun, Dominick Black was charged with two counts of providing a dangerous weapon to a person under 18, causing death.. The possession charge against Kyle was dismissed,...
5
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3answers
201 views

Can a policeman be charged with "not arresting someone who should have been arrested"?

Background False arrest, false imprisonment and the like are crimes that do exist. But is the opposite also true? That is, can a law enforcement officer be charged with not arresting who should have ...
1
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1answer
83 views

Are there any "implied" conditions in commercial transactions?

Let's say that you go to a car dealer, select a car, and sign a contract with a down payment and monthly installment payments. Under ordinary circumstances, you would sign a check for the down payment,...
1
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2answers
87 views

Can the President serve as both President and an executive officer?

Suppose NIAID director Dr. Anthony Fauci is elected President. If he never officially resigned from his position as a director, and he was never forcibly removed from the same position by the former ...
2
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2answers
117 views

If you borrow something but can't contact the owner to return it, does it become yours?

Do I become the owner of a device someone lets me borrow if I can't return it? Say someone lets me borrow their iPad since I need an Apple platform for a project. They say I don't need to return it ...
2
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0answers
111 views

Why does U.S. government have civil liability for the Parkland shooting?

The U.S. federal government has apparently entered a 9-figure financial settlement of civil claims by victims of the 2018 shooting in Parkland, Florida. (The civil lawsuit alleged government ...
3
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3answers
286 views

What are the consequences of lying to US immigration authorities?

Application for a US visa now requires information about social media accounts. I know that intentionally omitting this information constitutes misrepresentation, but what are the potential ...
1
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2answers
317 views

What would be different if Kyle Rittenhouse were 9 instead of 17?

In the Kyle Rittenhouse case, I felt like he would be charged with possessing a weapon while under-age. But this charge was dropped. I looked into this and ran into this article: https://abcnews.go....
2
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1answer
85 views

Authority of opposite decision on international law of other U.S. court of appeals in state court in instant circuit court

Say the U.S. Court of Appeals for the 9th Circuit decides that the provision of a self-executing, ratified-by-the-U.S. international treaty which provides for an individual right does not provide such ...
2
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0answers
57 views

Could a cell phone carrier sell this privacy plan?

Suppose Verizon offered a "privacy plan" (e.g., for $50 extra per month) in which they intentionally delete any location/ping/connection/dialing history data from their servers/towers such ...
18
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3answers
5k views

Is it legal in the US to leave a gun in the hands of a minor without oversight?

Reading about the detail of the trial of Rittenhouse I wondered how it was possible that a minor was allowed to go around holding a weapon. I searched on the internet and I read some blogs claiming ...
2
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1answer
27 views

Financial law - limited liability - use of personal balance sheet term

It appears that senior executives in China are using their personal balance sheets to help the property development companies they own make their interest payments on time as regulations and market ...
-2
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2answers
256 views

Is a lawyer allowed to point an unloaded gun at the jury, if it's just for a demonstration?

I understand that sometimes arms have factual bearing on cases and have to be entered into evidence but how anyone managed to point a gun at a jury and not get rugby tackled by a bailiff is beyond me. ...
4
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2answers
213 views

Is mutual self defense a thing? [duplicate]

Given very similar facts to the Rittenhouse case, but where the other guy shoots first, could that guy as a defendant claim self defense and win? Imagine two sides in a conflict which hasn’t resulted ...
1
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1answer
97 views

Is it legal to use third-party apps to bypass Apple's Activation Lock?

I have a used iPad in my possession but can't use it due to Apple's Activation Lock. To prevent theft of Apple's devices, Activation Lock requires an ID and password in order to use the device. While ...
26
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6answers
8k views

What was the relevance of 'crossing state lines' in the Kyle Rittenhouse case?

It seems to be a common talking-point that the now exonerated Kyle Rittenhouse did something wrong by 'crossing state lines' to attend the BLM demonstration in Kenosha that led to the subsequent ...
2
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1answer
479 views

Can the defense claim that the defendant isn't the defendant? And if so, how is the case handled?

"I object, Your Honor. What precedent are we setting here? That the defendant isn't actually the defendant?" — An American Pickle (2020) Suppose that a man that society identifies as ...
2
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1answer
35 views

What actions can be taken against a trustee who won’t disburse funds from a trust on unjust grounds?

If a trustee was refusing to disburse funds to a beneficiary and a case could be made that they did not have any sound reason for withholding, what legal actions does the law provide, to lawyers or ...
1
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0answers
47 views

Would this constitute commingling of funds?

Question about IOLA accounts (IOLA = Interest on Lawyer Account Fund, see iola.org/about-iola). (IOLA is called IOLTA in some states.) Our client has to pay restitution to Walmart. It has taken me ...
1
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2answers
55 views

Is a revised version of a PD work with no indication of new authorship or copyright notice protected by copyright in the US?

This is a followup to this comment and the subsequent interchange. Suppose that a person A publishes a new edition of a work clearly in the Public Domain (PD) such as Conan Doyle's Adventures of ...
0
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1answer
85 views

Can parents be taxed for giving gifts to children?

Are there scenarios where parents would be taxed for giving gifts to their children, such as on birthdays, Christmas, etc.? Would gifts be subject to gift taxes if the amount exceeds $15,000/$30,000 (...
1
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0answers
21 views

Is there any comprehensive glossary of US legislative terms?

I'm currently working on a project that applies Natural Language Processing tools on bills and acts of the US state legislatures. I looked for glossaries of common terms in US legislation in order to ...
1
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1answer
79 views

May an invocation of spousal privilege support an adverse inference?

A sues B. At trial, B asks A about statements he made to his wife. A objects, invoking the spousal communications privilege. The court sustains the objection, so the statements do not come in. B then ...
1
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1answer
126 views

Can a judge be removed from a trial for bias?

Judges and juries are supposed to be impartial. Jurors are removed all the time for being potentially biased towards one side in a case. A judge in a case that is a current event as of writing , has ...
2
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1answer
128 views

Are there statistics on how often Mistrial with Prejudice happens in the US?

During the Rittenhouse trial I was surprised to learn there's a legal concept called Mistrial with Prejudice. Are there any statistics on how often this happens in Federal and State courts in the US ...
2
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3answers
241 views

Where is the line in regards to jury intimidation?

I have been closely following the Kyle Rittenhouse case closely. During a discussion on whether the jury could view video evidence multiple times, protesters with megaphones could be overheard in the ...
-1
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1answer
91 views

Can a police officer, under these circumstances, enforce the following arrest warrant out of Jurisdiction?

A warrant is issued for the arrest of Jimmy Jones for crimes committed in Springfield County. Officer Bob is an officer with the Shelbyville Police Department, a city in Simpson County near the ...
2
votes
2answers
129 views

What is "income" for tax purposes?

I can find taxable income, which seems to basically be "income that is taxable". Okay. "Income" gets me something like "money received", but this seems vague for legal ...