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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2answers
90 views

Search Warrant Verification

In Los Angeles, California, if apparent police show up at my door with an apparent search warrant in their hands at 3am, how can I independently verify this? I don't want to be tricked into opening ...
3
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1answer
89 views

Would drug intoxication be considered a “pre-existing condition” for the thin skull rule

The Thin Skull Rule, also known as Eggshell Skull Doctrine states that the unexpected vulnerability of an injured person is not a valid defense to the seriousness of any injury caused to them. In the ...
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1answer
46 views

What are levels are court sanctions for “frivolous” actions?

Under the "American rule," both sides pay for their own lawyers and court expenses in a lawsuit. (This differs from the British "loser pays" rule.) But there are exceptions for ...
0
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1answer
111 views

How does the swearing on the Bible fit in to the secular nature of the USA government?

I was told that this may be an interesting premise for a new question. I had the following interaction in the comments of this question. It always striked me as odd that a secular state like the US ...
3
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1answer
77 views

Travel to Mexico if you were arrested in the USA for smuggling drugs from Mexico

Question... an Englishman who lived in Texas for a few years, who did not have a green card (but his parents did) visited Mexico and smuggled drugs from Mexico into the USA. He was caught with ...
3
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1answer
127 views

Does a property owner have liability for signs others post in her yard?

Someone has a house with a yard that is close to a high-traffic street. People often post signs on the corner of this person's yard to advertise yard sales, political campaigns, and more. This is done ...
1
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1answer
88 views

What can be done about unlawful garnishment?

A debt collector claims that you owe a debt. You dispute the debt. The debt collector "garnishes" your debt without the requisite court order. Your employer agrees to do so, and deducts the ...
16
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4answers
4k views

As a non-US person, what license may I have to use public materials from agencies of US government?

I want to reuse a gif published in this website of this US government agency. I don't see any copyright statement anywhere, except a link to Freedom of Information Act. In my vague understanding of ...
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1answer
72 views

Are open source software licenses really irevocable under US law?

Many open source software licenses, such as the Apache 2.0, the GPL ver 3, the EUPL ver 1.2, the OSL ver 3.0, and other copyleft licenses such as the CC-BY-SA 2.0 license purport to provide a license ...
-5
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4answers
135 views

Destroying a bank by depositing checks [closed]

A typical bank branch sees a few people per day. I could deposit thousands of checks a day. It would be physically impossible for the bank to handle. They could implement a policy to handle this but ...
3
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3answers
222 views

Do students have First Amendment rights at a private university?

Do students have First Amendment rights at a private university, or can the university expel or punish students for saying something it doesn't like? I don't understand why people need examples, but ...
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1answer
19 views

Does a company have to disclose a data breach as part of the agreement with the SEC to be publicly traded?

If I run a publicly traded company that's releasing hardware and that hardware is compromised and customer data is harvested, do I have to publicize that leak's existence? What if the people that ...
17
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2answers
5k views

Why did the Supreme Court vacate the ruling that Trump could not block Twitter users?

In 2019, an appeals court upheld a decision that President Trump violated the First Amendment by blocking users from his Twitter account. Two days ago, the Supreme Court declared the case "moot&...
2
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0answers
50 views

Why do United States Reports take so long to be published?

As an English-trained lawyer, I am used to seeing a decision of the UK Supreme Court (or formerly, the House of Lords) published within roughly a year in Appeal Cases (AC) (and sooner in the Weekly ...
2
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1answer
143 views

Is it a crime to falsely claim that you’re older than 16 in order to get vaccinated?

The Pfizer vaccine is only approved for people over the age of 16 in the US. Let’s say a person is 13 years old and wants to get vaccinated. Would it be a crime for them to arrive at a vaccination ...
2
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2answers
175 views

Can a witness pleading the 5th be used as evidence?

In the Derek Chauvin trial, Morries Hall, a key witness for the prosecution has plead the 5th because he worries his testimony could result in charges against himself. My question is, is the jury ...
1
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1answer
144 views

Is it against the law to use someone else's address for a work from home position? How does it affect taxes?

Suppose that a work from home position includes as one of its requirements that the employee live in Kansas. someone (lets call the person A for applicant) lives in Missouri, but has a relative (B) ...
2
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3answers
262 views

How does a witness get an attorney?

Someone who was with George Floyd the day he was killed pleaded the Fifth (source). The Hennepin County Public Defender's Office filed the notice on behalf of Morries Hall, who was sitting in the ...
5
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2answers
643 views

Does 18 USC 1542 contain a materiality requirement?

18 USC 1542: Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United ...
1
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1answer
145 views

How strong are Nike's claims in the “Satan Shoes” case?

Lil Nas X and MSCHF appear to have purchased a bunch of Nikes and modified them by changing the color, embroidering them with writing, and adding drops of human blood to the soles. When they marketed ...
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2answers
129 views

Is employer responsible to disclose workplace before hiring?

I was originally hired to do some in office computer work. During my interviews, I was on the premises 3 times. Employer showed me this “workplace”, my desk, etc. I worked there for about a month, ...
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1answer
65 views

If a company fails to abide by its own arbitration agreement, does that invalidate the agreement?

Recently, a certain cell phone company changed its terms of service from "your only recourses are arbitration or small claims court" to "your only recourse is arbitration." Since ...
1
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1answer
153 views

Could the “Honest Thief”-deal be legally possible?

If you're planning the watch the movie Honest Thief (2020): Spoilers ahead! The protagonist of the movie above is a thief who "robbed 12 banks in 7 [US] states" for "a little over 9 ...
3
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1answer
133 views

What happens if a judge renders a wrong verdict by misinterpreting the law?

There are probably numerous instances, but I'll use the one I'm most familiar with. You sue a debt collector for violating your rights, as illustrated in the linked video. There is a 12 month statute ...
2
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1answer
90 views

What makes transactional immunity irrevocable?

Immunity given to witnesses in exchange for a testimony against their accomplices is widely known to be a tool used by prosecutors to compel a testimony. The common understanding is that by being ...
-3
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1answer
73 views

Is a company liable if an employee illegally works across the border? [closed]

As a US based company, if an employee illegally works from a foreign country in violation of company policy, will the company be held liable for taxes and fines for this action? If the company is held ...
1
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1answer
76 views

Is it illegal for a hospital to hide the doctor name from patient?

I had an ultrasound at a hospital. The doctor over there gave me some recommendations. I wasn’t sure about these recommendations and wrote an email to the management asking other doctors to review ...
2
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2answers
107 views

Scraping FB phone numbers

I am an EU citizen who codes. I have a project, which works this way: program enters a word into Facebook search program extracts links to the Facebook pages program scrapes (gather and save) the ...
1
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1answer
179 views

Is “canceling” people tortious interference?

Is "canceling" people tortious interference? As a concrete example, Richard Stallman (RMS) is/was employed by the Free Software Foundation (FSF), MIT and other organizations. He voiced ...
2
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1answer
98 views

Is employment discrimination against obese people legal?

Some scientists have proposed links between obesity and personality traits, e.g. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2914627/ More self-controlled boys and girls are less likely to become ...
1
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1answer
76 views

Is barter of firearms illegal per se?

I want to know if it is presumably/presumptively/normally illegal to barter using firearms. Is it illegal to barter one firearm for another firearm? Can services or goods other than firearms be ...
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1answer
105 views

Neighbor Suspected a Leak and Opened Up Their Ceiling - Am I Responsible for Repair?

Downstairs neighbor suspected a leak in their bathroom and opened up their ceiling to see where the water is coming from. It would appear that a small leak is coming from below my bathtub, this was ...
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2answers
135 views

In the USA, why are witnesses who demonstrated prejudice and bias not immediately removed and disqualified?

I just saw the witness examination of the George Floyd case. The 18 year old female witness went on to ramble about how she felt so sorry for Floyd and that her father and brothers are all black just ...
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1answer
108 views

Does a gun control ordinance imply police duty to protect?

It has been established multiple times that police has no duty to protect, except for the situations where the police actions put a person in a harm's way. There were several cases affirming that. A ...
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0answers
73 views

Do I lose anything by not responding to voicemail that I think is a fraud?

Not sure if this is a correct reddit. It looks like my phone number has been leaked somewhere and I 'won $5000 dollars' last week according to one call (yeah, right). Today I get a different voicemail ...
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0answers
51 views

What do I do if my son's dad wants to take back a gift he gave our son saying it's theirs and not his? [duplicate]

My son's father gave our son a Nintendo Switch for his birthday. When he went to spend the night at his house (we are not together) he took it saying it was his and he would let our son borrow it. He ...
1
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1answer
103 views

Laws regarding behavior while in a polling place waiting line - what is soliciting?

Consider the Georgia Senate Bill SB202 recently passed SB 202 . It includes (Section 33 at pdf page 21, line 1872) No person shall solicit votes in any manner or by any means or method... (This ...
0
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1answer
51 views

Is the fair market value of “pro bono” work tax deductible?

If a person contributes a car, art, clothing, or other items of value to a charity, that person gets to deduct the fair market value of the contributed goods from their taxable income. Suppose, ...
1
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1answer
62 views

When are “entire agreement” clauses invalid?

Contracts often include an "entire agreement" clause (a.k.a. "integration" or "merger" clause) like this: This contract contains the final and entire agreement and ...
1
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1answer
79 views

Is It Legal to Mention “The Creator” in U.S. Public Schools?

I give lots of guest presentations to K-18 schools/universities all over the world. Since the subject is Space exploration, I frequently feel the need to invoke (using one of these very "generic&...
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0answers
64 views

What tests would apply to a claim of “Force Majeure” / “Act of God”? [duplicate]

Question Is there a legal test or standard that would apply to help figure out if Force Majeure applies or not? A test that would determine if a company is trying to escape an unfortunate contract out ...
0
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1answer
52 views

What was wrong with the warrant application in Malley v. Briggs?

The beginning of the Court's opinion in Malley v. Briggs, 475 U.S. 335 (1986) describes a wiretapped phone call that led police to obtain a warrant against Plaintiff James Briggs: "General ...
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2answers
118 views

Can the Federal Government outlaw propositioning for sex in all places other than places of worship?

This is somewhat along the same lines as my other question. I would like to learn more about the constitutional boundaries on the US Congress to regulate sexual mores and/or sexual customs. I assume ...
28
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6answers
6k views

Is the requirement to have positive attitude discriminatory?

Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be ...
1
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1answer
136 views

Can an attorney be arrested whilst representing their client in court?

In the videos linked to below, we see an extraordinary circumstance where a defence lawyer turns up late and apparently intoxicated after a possible hit-and-run vehicle collision. Here's a summary. ...
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1answer
138 views

Accountability for Attorneys - does it exist? [closed]

I’ve had a number of initial consultations with various attorneys for estate planning and entity structuring, and almost every one of the opinions I’ve heard is different and often contradictory. If I ...
14
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2answers
6k views

Is marriage automatically cancelled for immigration violation?

I met my husband in Laos when I was traveling there in 2017. We got married and he came to the U.S. K-1 visa in 2018. He got his temporary green card in 2019, which is good for two years. In the year ...
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1answer
65 views

Can a divorced spouse claim rights to a previous primary residence?

2010 year. My ex husband got a mortgage on a house. Down payment was paid by his father. 2014 year. I met my ex-husband for the first time. We got married the same year (there was a prenup). 2010 to ...
27
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2answers
3k views

How far can the meanings of commonly used words be redefined by a legislature?

Most people understand "operating a motor vehicle" as driving, until they are arrested for DUI while sleeping off in their turned off car. Most people understand "loaded weapon" as ...
0
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1answer
30 views

What counts as a binding notice of copyright in older books?

What counts as a binding notice of copyright in older books? Some just show the author or company and the date with no copyright symbol. Say if it just says the company and 1920 with no copyright ...