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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3 votes
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Can a joint tenancy's right of survivorship be invalidated by providing evidence that one of the four unities has not been met?

In a scenario where two non-married, but related people, establish a joint tenancy with regard to ownership of real property without legal representation, can heirs challenge the validity of said ...
0 votes
2 answers
76 views

How can tourists compare Consumer Protection laws, across the glut of USA jurisdictions? [closed]

1. What up-to-date resources compare the profusion of consumer protection legislations in the USA? 2. How can tourists pick the American jurisdictions with the most consumer-friendly laws? Many ...
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1 answer
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What actions, if any, can be taken in a case where the opposing party knowingly fails to provide notice of related cases that they're involved in?

Under California Rules of Court, a party in a civil actions has an obligation to file a Notice of Related Case per. Rule 3.300 Related Cases (b) Duty to provide notice. Let's say you're the defendant ...
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1 answer
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Is the non-applicability of copyright to software interfaces considered settled law?

In computer software, it's common for a system to expose an Application Programming Interface (API) for other software to interact with it. For example, a smart lightbulb might expose a SetBrightness(...
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2 votes
0 answers
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Can you modify then sell a legally obtained copy of a copyrighted work?

In some comments to Is it illegal to cut out a face from the newspaper? it came up whether you could legally buy an oil painting, add some stuff to it, and then sell it. I found that a provocative ...
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1 vote
1 answer
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What Are The Obligations Of U.S. Employers As It Relates To Bargaining With Unions?

A hypothetical: Company A has 10 employees who work "at-will" making $100k/yr and 1 owner who keeps 100% of all net profits. The employees of Company A decide to Unionize. Exclude other ...
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15 votes
3 answers
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What is the legality of "known" harmful actions while pregnant?

There are lots of things that are generally accepted as harmful to a developing fetus, such as drinking alcohol, lots of caffeine, smoking, etc. Would a pregnant woman who did something known to cause ...
4 votes
2 answers
238 views

Could I "free" a proprietary font by printing all glyphs, tracing them with a pen, and scanning my copy?

If I understand correctly, typefaces are not copyrightable in the US, only the digital colt files. If I want to make a libre version of a proprietary font, can I print out a document that says ...
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3 votes
3 answers
545 views

Legality of Aggregating and Publishing Data from Academic Journals

I am an academic in a field where we explore the performance of materials for a particular application based on just a few metrics. Right now, there is no central repository of this information. My ...
14 votes
3 answers
9k views

Is it illegal to cut out a face from the newspaper?

Let's say there is a photo of a group of people in the newspaper. This photo is copyrighted by the newspaper publisher. By cutting out a single face from this photo I am modifiying the original work. ...
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Alabama proof of residency: mail?

Does anyone have advice on official interpretations of the following option for Alabama proof of residency? U.S. or State Government check or other document mailed to applicants[sic] physical address ...
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2 answers
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Is "use of force" the same thing as "use of physical force"? Are there examples of types of force that are not physical?

According to the dictionary, the definition of rape is the following: Unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person's will or ...
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2 answers
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How can I prove that I owned an object before a certain date?

I received a widget on January 1. A law is passed criminalizing ownership of widgets. It is an affirmative defense that the widget owner had it before January 10th. How can I prove that I owned the ...
17 votes
3 answers
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Does the Satanic Temples new abortion 'ritual' allow abortions under religious freedom?

The Satanic Temple has recently announced an abortion ritual. It's clearly a parody ritual added only after abortion was made illegal, but then again the USA tends to be very generous with their ...
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5 votes
2 answers
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Legal basis for "discretionary spending" vs. "mandatory spending" in the USA

1. "Discretionary" and "mandatory" dollars My general understanding of the federal budget process in the USA is that: discretionary spending must be "appropriated" by ...
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2 votes
2 answers
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Does the Civil Rights Act prohibit "unnecessary" college degree requirements?

Many jobs require applicants to have a college degree, when the skills developed at college are not necessary to do the job, and the degree is not required to be in any particular field. In Griggs v. ...
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2 answers
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What is the remedy in First Ammendment cases involving city councils?

City councils in the United States routinely try to ban or censure criticism of other individuals ("personal attacks") during their deliberations. For example, in some cases chairs have ...
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1 answer
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Is it possible to sue a UK national from the USA?

Plaintiff is a U.S. citizen living who spent a year as a student living in the United Kingdom. During that year she was the victim of a sex crime. There may have been a criminal trial, and the outcome ...
3 votes
3 answers
239 views

Violation of disabled person's 4th amendment civil rights

Video for context: https://www.youtube.com/watch?v=k5yNlwCQpO0&list=LL&index=1 Jim Hodges was walking down the street from jury duty. A female police officer stops Jim because she believed he ...
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17 votes
3 answers
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Concealing One's Identity from the Public When Purchasing a Home

I have heard, that in the United States, some individuals are able to conceal their identities from the public when purchasing a home by setting up a LLC and buying the house through the said ...
0 votes
1 answer
47 views

Buying back a covered call

Consider a situation where an investor owns a stock for over a year and sells calls against it that expire in about 90 days. You can assume that this is a qualified covered call for tax purposes. ...
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1 vote
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Can a real life person be named after a fictional character?

Can a person from real life have its legal name identical of that of a fictional character? E.g if a newly born person is named "Sorla Khan" or "Mogul Khan" (names from the Dota ...
user avatar
6 votes
0 answers
107 views

Police believe unreported rape left evidence

Police know there's a serial rapist in a particular area. He's left no DNA and victims never saw his face. Police learn that a unknown female victim from that area was examined by a sexual assault ...
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2 votes
2 answers
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Sale of artifacts encapsulating copyrighted works

By my understanding, copyright law would generally interpreted as allowing someone who buys e.g. a book containing some copyrighted poetry, to use the works personally in a variety of ways including, ...
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3 votes
1 answer
130 views

Will a bank give my money back if I'm coerced to give it to a criminal?

In Brazil, it's not uncommon for criminals to kidnap someone and coerce them to give them money from their bank accounts. This can be done by taking the victims to ATMs or even demanding a transfer ...
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2 votes
1 answer
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Are jurors allowed to disquallify each other?

Say Mike the Murderer is on trial and there's no doubt he's the murderer. 12 jurors meet. All of them think he's obviously guilty, except for one David the dissenter. Is there any way the other 11 ...
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15 votes
4 answers
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Are witnesses allowed to give private testimonies?

Alice's grandpa Greg is on trial. Alice's testimony is crucial to get Greg convicted. But, for some reason or another, Alice doesn't want to appear in court as a witness in front of Greg to badmouth ...
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7 votes
3 answers
917 views

How is the quality of an expert witness judged?

When bringing in an expert to testify something, obviously that expert doesn't have to bring in their resume and go through 3 rounds of interviewing with every member of the jury, as if they were ...
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19 votes
3 answers
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Is a potential juror protected for what they say during jury selection?

Walter and Bob are potential jurors for the same trial for a white supremacist. Walter happens to believe in white supremacy. Bob happens to be Walter's boss (or even just a potential employer). ...
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1 vote
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Do the Federal or California WARN acts apply to the situation at Twitter?

There have been mentions in the news regarding both Federal and state laws requiring a 60 day notice for “mass terminations” might apply to actions at Twitter. It has been widely reported that 50% of ...
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6 votes
1 answer
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Why do US lawmakers attach amendments to the US Constitution instead of directly changing its text?

The US Constitution now has 27 amendments. I noticed that these amendments are "attachments" to the original US Constitution. Why don't the constitutional amendments directly modify the text ...
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5 votes
3 answers
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Do countries which ceased to exist de facto continue to "exist" de jure in some jurisidictions?

I.e. Russian Empire, which was obviously recognized by the UK and the US, ceased to exist de facto due to a revolution. It was de facto succesed by the USSR, but the USSR wasn't a legal succesor. ...
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9 votes
1 answer
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Would staggered layoffs circumvent the WARN Act's protection against mass layoffs?

The U.S. federal Worker Adjustment and Retraining Act (WARN) states that employers with 100 or more employees must provide at least 60 days advance notice before a mass layoff affecting 50 or more ...
2 votes
2 answers
147 views

Is being harassed or provoked a valid defense for assault?

Earlier this year, Mike Tyson was recorded assaulting another airplane passenger after the victim "harassed" and threw a water bottle at Tyson. The victim apparently needed medical attention;...
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6 votes
1 answer
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How are ties in a US Congressional election dealt with?

Suppose candidates Alice and Bob are running for US House of Representatives in a Colorado district, and are the only people to do so in that district. The final vote tally (after whatever challenges ...
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17 votes
3 answers
4k views

What is the limit to my entering an unlocked home of a stranger to render aid without explicit permission

As I understand it in the USA if I, a normal citizen, walking by a stranger's home and witness them suddenly get electrocuted or otherwise seriously harmed I'm allowed to enter their home to try to ...
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2 votes
0 answers
78 views

Do the police need to tell me they are wearing a bodycam or turn it off before they enter my home?

I have an expectation of privacy within my own home, as such It's generally illegal to film me in my home without my knowledge. I'm wondering how that applies to bodycams on a police officer. If I ...
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1 vote
1 answer
74 views

How to handle local sales tax for online sales regarding unincorporated city/town limits

I have a client Located in Louisiana performing online sales inside Louisiana which is in a destination-based sales tax state. I have run into an issue where they are using the town name from the ...
7 votes
3 answers
4k views

Is it considered harrassment in the US to call a black man the N-word?

I recently saw a Youtube Short featuring a man interviewing Jordan Peterson and they were discussing the legality of calling someone by racial slurs, specifically the N-word. Seemingly having actually ...
3 votes
2 answers
90 views

How can a renter verify the lessor has authority to lease?

Alice wants to rent a residence. She finds a house advertised and contacts the listing agent, Bob. Bob shows her the residence, and then offers her a lease agreement that requires her to pay him 3 ...
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12 votes
3 answers
5k views

Do US public school students have a First Amendment right to be able to perform sacred music?

I believe that in the US, public schools are allowed to perform music with religious texts, and that this has been upheld by the Supreme Court on the grounds that the music program is teaching music, ...
33 votes
4 answers
10k views

Why does it matter that a group of January 6 rioters went to Olive Garden for dinner after the riot?

CNN has an article pointing out that the rioters went to Olive Garden for dinner and spent $400 after the riot. The article implies that where they went for dinner, and how much they spent, is ...
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0 votes
0 answers
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Is this telephone company's terms of usage common or unfair?

Though many think the price is good, their policy does mean your telephone service is subject to change. Is this even legal to enforce per FCC? reserves the right to reclaim any phone number from ...
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2 answers
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Would a political candidate have standing to sue for a writ of mandamus for the IRS to enforce the Johnson amendment?

I was brainstorming who might have standing to see to bring such a suit. If a religious organization is directly supporting a political candidate's rival, would that grant standing to bring a suit? ...
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1 answer
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Are companies allowed to file consumer complaints to the Federal Communications Commission?

Are companies allowed to file consumer complaints to the Federal Communications Commission? May a company complain to the FCC that their business phone provider won't give them the information needed ...
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0 votes
1 answer
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I just got a facebook trademark infringement notice by email from Meta [closed]

I am the owner of https://*******onfacebook.com . Its a free tool to find mutual friends between two or more people. I made a facebook account to promote this website on many FB groups about mutual ...
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2 answers
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(NY, USA) Old exams/notes independent database

I asked this question on the academia stack exchange but was bashed saying I am just cheating and stealing "copyrighted" material, so here is the question, first can math/math questions be ...
1 vote
1 answer
58 views

Home repair contractor invoicing separately for costs not listed as separate in their proposal

I am located in Pennsylvania, USA and have hired a home improvement contractor to make some repairs, which they are currently in the middle of. In their proposal, which I signed and accepted, there ...
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9 votes
1 answer
536 views

Giving information to patients about schedule 2 drug stocks at a retail pharmacy in Florida (US)

Context: There is currently a nationwide shortage of Adderall, a schedule 2 drug. One of the pieces of advice for patients is to see about getting the drug in a different formulation, as not all ...
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2 votes
2 answers
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Is the USA government exempt from falling foul of the provisions at 18USC960 by funding Ukraine?

Further to this question and this answer, 18 USC 960 states: Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or ...
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