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
37 views

Finding record of jury selection (peremptory challenges and challenges for cause) on PACER?

I am looking for records of the jury selection process in federal U.S. cases. I am particularly interested in records indicating the names of prospective jurors and whether they were challenged ...
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0answers
40 views

Is there any law requiring public school to notify parents of Covid contact?

I have a son attending a public school. I learned from unofficial channels that a classmate is quarantining for COVID, someone my son was in regular contact with throughout the day. The teachers are ...
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1answer
124 views

Is bringing up playing FPS shooters in a trial to make defendant look bad common practice? [closed]

One of the more bizarre moments of Rittenhouse trial was prosecutor bringing up Call of Duty. Not sure what that was supposed to do, I presume to explain to jury that if you kill people in video games ...
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1answer
2k views

Is the plot of Fatal Attraction legally accurate?

Fatal Attraction is a 1987 film. The part of the plot I'm interested in is: Daniel "Dan" Gallagher is a successful, happily-married Manhattan lawyer whose work leads him to meet Alexandra &...
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4answers
5k views

When there is a hung jury, is it reported how badly it is hung?

I would think it would be important to the State to know how many hold-outs there were. It seems like it would effect the cost/benefit analysis the State makes when deciding whether to re-try the ...
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3answers
214 views

Can your previous employer force you to help them with something?

I got an aggressive call from my former manager, and he wants me to tell them how to fix something. The problem is that I don't remember and I no longer work for them, so can he sue me for not helping ...
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1answer
56 views

Is a USA employer required to provide worker's compensation insurance to a contractor if the contractor signed away the insurance?

Is a USA employer required to provide worker's compensation to a contractor if the contractor signed away that insurance and said such employer is not required to provide?
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0answers
52 views

Under what conditions are National Guard units subject to general orders/regulations in effect for the U.S. Military?

Related to and inspired by my prior question. The Secretary of Defense has issued a vaccine mandate for the Department of Defense, which includes all subordinate commands. Assuming that this ...
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2answers
11k views

Are lawyers allowed to lie about the law during closing arguments?

In his closing arguments during the Kyle Rittenhouse case, the prosecution said (full quote) that “You lose the right to self-defence when you’re the one who brought the gun, when you’re the one ...
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3answers
359 views

Why is marriage with a minor legal in the US while sex with a minor is not?

It seems that marriage with minor is legal in many states. Yet sex with a minor is not. So they can't consummate the marriage before the child is of legal age? In most cases, minimum marriage age is ...
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1answer
106 views

Does the Secretary of Defense's vaccine mandate constitute a legal general order under UCMJ?

10 U.S.C. includes the Uniform Code of Military Justice (UCMJ) (near as I can tell), specifically I'm curious how the decisions made by the Secretary of Defense play into the (Section 891) Article 92 ...
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1answer
70 views

US Copyright Question

Let’s say I want to create a website that helps people troubleshoot a topic. I get my facts and information from site A, and use that info to write my own articles (Not copying word for word, but ...
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2answers
101 views

Lab work and laws regarding price-gouging

A patient goes to doctor. Doctor orders two tests, TestA and TestB. The insurance company only covers one. The EOB shows that the two tests were billed at $500 each. TestA is not covered, TestB is ...
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1answer
47 views

Copyright: Idea vs Execution?

I have been helping a nonprofit by developing a piece of software that they needed. The software is more-or-less built to their specs in a "functional" way, but I wrote 100% of the code: ...
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1answer
5k views

Isn't a hung jury proof of reasonable doubt?

I don't understand the logic with allowing additional trials after a hung jury. Isn't the fact that the prosecution can't get 12 jurors to agree the accused is guilty proof that guilt was not proven ...
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1answer
116 views

Is a defendant allowed to contribute to his defense during trial without arguing pro se?

I have been watching the Kyle Rittenhouse trial. In the deliberation to determine jury instructions, much ado was made about a grainy video purportedly showing Kyle point his gun at Joshua Ziminski. ...
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2answers
180 views

What is the name of the type of real estate fraud/scheme I'm describing?

I'm writing a mystery story right now that takes place in Texas and currently the motive is that the victim - a real estate agent - typically leases property to people (particularly people starting a ...
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1answer
52 views

Is there double jeopardy protection for a Contempt of Congress conviction?

So a person is subpoenaed by Congress to provide documents and give a deposition. The person refuses, is indicted and convicted. Can the person then be subpoenaed again for documents and testimony and ...
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1answer
65 views

What 2012-2015 SCOTUS decisions make "letter[s] from the grave" inadmissible into evidence?

I've read this interesting bit: In a 2008 trial where a man was accused of poisoning his wife with antifreeze, Schroeder allowed into evidence a letter the wife wrote a neighbor accusing the husband ...
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1answer
49 views

Journalist liability with regards to stolen information

I watch the show Ridiculousness quite often. At the beginning of every episode is a disclaimer stating that MTV doesn't accept video submissions, because they want to avoid liability for encouraging ...
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1answer
103 views

Can someone working with a law enforcement agency "get away" with a speeding ticket if is required ASAP on a location?

On the episode Red Alert (S03E13) of the show The Mentalist, CBI (like the FBI, but only for CA) Consultant Patrick Jane gets stopped by a police officer on it's way to a crime scene because he was ...
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1answer
175 views

Can a person doing criminal activity claim self defense if the criminal activity has nothing to do with why he is attacked? [duplicate]

Basically what Kyle Rittenhouse did is clearly self defense. However, he is carrying a gun against the law. So he cannot claim self defense. Is this true? The reason I ask is I thought that the ...
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1answer
115 views

Gun combat with mutual intent to hit/kill offers unimpeachable self-defense defense?

I'm curious what explains a number of decisions to abandon all prosecutions in mass gunfights in the USA, e.g. Waco 2015. While "mutual combat" has been sometimes used to describe these ...
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2answers
97 views

Is civil disobedience advocacy protected by the "imminent lawless action" test?

It is well known that speech is protected in the US unless it is both intended to cause imminent lawless action and likely to bring about/cause imminent lawless action. My issue is that by this ...
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0answers
79 views

Can disjunction elimination be used to convict someone of a crime without knowing which crime they committed?

Three different crimes are committed (for simplicity; the same type of crime, just distinct counts) by three different people. Someone is arrested based on evidence that proves they committed one of ...
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2answers
93 views

Is there any other jurisdiction where a government-devised scheme similar to civil forfeiture for crime prevention exist other than the U.S.?

In the U.S., many states adopted laws that allow law enforcement to appropriate property that is liquid or easily liquidated (in practice predominantly cash) not only in cases where past criminal ...
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3answers
300 views

Can a site write whatever it wants in terms of use?

I am reading the following terms of use https://jane.com/home/termsofuse Lets say I am a seller on this platform am I allowed to build a script on my local machine That logs in to my account and list ...
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0answers
72 views

Have there been any murderers in America who would have been put to death under the following (proposed) "three strikes" rule?

Let's say that society is technically in favor of capital punishment, but fears executing innocent people. So it adopts a "three strikes" rule that says that capital punishment can be ...
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3answers
5k views

How willing is the US Supreme Court to declare itself wrong?

In comments on this answer User Suprcat wrote (in part) I think a big problem is that Marbury v. Madison has been applied in a way that ignores a major caveat: a court's job is to say what the law is,...
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2answers
141 views

What legal strategy might be applied to successfully sue private companies over their own mask rules?

I asked recently about the mask rules in airports, but in my travels recently I'm more baffled that private companies are requiring masks under threat of refused service, and even permanent refusal ...
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1answer
101 views

Who ordered the masks in American airports?

I'm travelling recently for the first time in a while. I understand the scope of the mask orders: in the airports and on the planes. What confuses me is what authority ordered it and where does that ...
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1answer
76 views

Is voting in the House of Representatives automatically postponed if the Speaker of the House is unable to attend due to sickness?

I am wondering what happens when the Speaker of the House is unable to come in to the U.S. Capitol Building due to sickness on a day in which voting is to take place. Is there anything written in the ...
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1answer
46 views

Does unlawful presence rule apply for conditional permanent residents?

Jul 2018 I came to the U.S. with a K1 visa. Sep 2018. I married a U.S. citizen. May 2019. I got a conditional 2 year green card that expires in May 2021. May 2020. I divorced but I did not remove the ...
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0answers
28 views

What "strong measures" are available to the January 6th investigation?

Jeffrey Clark, a former assistant attorney general has refused to answer questions from the January 6th investigation. Rep. Bennie Thompson (D-Miss.), chair of the Jan. 6 committee, told the Hill ...
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1answer
68 views

Could a poorer partner end up paying a richer partner in a divorce in a community property state?

Let's say that just before a marriage, the rich partner (RP) has a net worth of $10 million, and the poorer partner (PP) has a net worth of $1 million (and this is documented). They are in a community ...
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1answer
78 views

Being asked to start teaching before being employed as a new faculty

Suppose that a non-US person F is scheduled to join a US university as a teaching-focused faculty member. F's official starting is set to be January 4th and, at that university, classes start in the ...
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1answer
56 views

Where can a sample of a recorder warning tone compliant with Federal Standard 1037C Telecommunications: Glossary of Telecommunication Terms?

In California, audio recording without express notice or consent of recording of a confidential conversation generally can only be carried out if an recorder warning beep-tone is audible for each ...
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0answers
56 views

Can my healthcare provider deny me a free annual wellness visit just because one of their doctors left the practice?

I called to make an appointment for my free annual wellness visit.* They said because my primary care physician (PCP) left the practice, they would not be able to give me the free annual wellness ...
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2answers
4k views

Would Georgie’s “Teddy Bear Casino” from Young Sheldon actually be legal?

On the TV series Young Sheldon, Connie secretly runs an illegal casino (slot machines and card games where you can earn cash), which is shut down by the police. Connie’s grandson Georgie thinks she ...
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2answers
190 views

Can a company intentionally lose a lawsuit?

Let’s say a multiple-defendant tort suit is brought against Companies A and B. Company A would like to settle, but Company B does not wish to settle. Instead, for some reason, Company B would like to ...
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1answer
98 views

Is it illegal for a school to take photos of children during online classes?

Consider a situation where some students are required to turn on the camera during online classes - my question is: If a student's facial image is collected during online classes, is parental consent ...
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1answer
78 views

Are DAs and other prosecutors prohibited from being defense attorneys, such as in a pro bono fashion?

If you're a lawyer accepting a job at a DA's office or if you otherwise become a prosecutor, would you be prevented from privately representing clients as a criminal defense attorney? For example, ...
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5answers
99 views

Is citizenship a requirement to become a prosecutor/ judge in the US, the UK, Canada, Australia and New Zealand?

As I am currently pursuing a law degree in International and European law, I was looking at job opportunities in English-speaking countries. I know the basic (technical/ academic) requirements to ...
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2answers
126 views

Is my company donating money to charity in lieu of paying me salary legal?

I currently donate most of my money to charity, and knowing this my company has offered that they could deduce my salary and instead pay that money directly to charity. I posted a question to the ...
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1answer
58 views

How to interpret the US law for Emergency Use Authorization

Does the list of requirements in this law below mean that the Secretary must follow all requirements to satisfy the EUA or it's up to the secretary which ones are required? https://uscode.house.gov/...
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3answers
7k views

How bad does your lawyer need to be for your trial to not be fair?

I am watching the Kyle Rittenhouse trial, and his lawyer just seems horrible. He doesn't object to anything. For instance, he didn't object once when the police officer who downloaded the videos was ...
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1answer
56 views

Can I display university logos on my website under "Used by students and faculty from" [duplicate]

I have a website mostly used by students and university faculty, and I'd like to display those universities' logos on my website. Examples are: Yale, NYU, UCONN, University of Dallas, University of ...
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3answers
4k views

Is simple possession of a copyright-infringing item legal in the USA?

There are quite a few laws in the USA (mostly at the Federal level) governing copyright and how to handle infringement. Most of these laws seem to establish criminal and/or civil liability for the act ...
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0answers
97 views

Protected left turn to the right lane to enter a gas station on the immediate corner?

In Washington State and most states that I'm aware of the law on turning left into a road with 2 lanes of travel to the left stipulate that the driver should make the turn into the leftmost "...
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2answers
461 views

Kyle Rittenhouse's reckless endangerment charge

Kyle Rittenhouse shot Joseph Rosenbaum four times, killing him. He was charged with murder for this, and also reckless endangerment because Richie McGuinness was some distance behind Rosenbaum. If ...