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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What is actually the difference between a *crime* and a *civil wrong*?

I have two questions I'd like some help on, the answers to which potentially depend on each other. The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
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1 vote
2 answers
83 views

Is there a volume limit on FOIA requests? Could I effectively request every police report?

According to guidelines published by HHS.gov, some fees apply in certain scenarios: Fee Guidelines There is no initial fee to make a FOIA request, and in some cases no fees are charged. ...
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2 votes
2 answers
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Is self-reported wellness covered by HIPPA?

Suppose that a developer creates a website where people can enter daily information on how they feel (energy, back pain, mood, etc.). A person's information would be available to his or her ...
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5 votes
1 answer
146 views

Under US law, what happens if it is not possible to gather an impartial jury?

In 2017, Martin Shkreli was convicted of securities fraud and sentenced to prison. The transcripts of his jury selection show that there was some difficulty in finding jurors who would admit to being ...
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2 votes
1 answer
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Does attorney client privilege prevent one of your lawyers from disclosing facts to another one of your lawyers without your consent?

Suppose I hire a lawyer to represent me on one matter and hire another lawyer to represent me on another matter. Do things I tell one attorney remain privileged from the other attorney? I am not ...
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0 answers
39 views

Working for company that works with another company that works with Russia

Hypothetically if a person worked with a company based out of the US (company A) that worked with another company based out of the US (company b) that worked with individuals in Russia, under US ...
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4 votes
3 answers
137 views

Do NDAs limit disclosure of their own terms

I have always been interested in putting up a website where people upload NDAs. They would be properly redacted if applicable and reviewed. I have worked in software for a long time, in many ...
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1 vote
1 answer
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Is giving birth a function of immigration law in the US?

The federal govt has sole jurisdiction in making and enforcing immigration laws and regulations in the US. "The US immigration policy is regulated at the federal level. Although certain matters ...
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21 votes
6 answers
6k views

Must the interrogation stop when the right to counsel has been invoked?

Do police officers have to stop an interrogation when right to counsel has been invoked by a suspect or can they continue the questioning like nothing has happened?
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4 votes
1 answer
93 views

Would you have a recourse if law enforcement listened to your priveledge conversations with legal council?

Of course if they listened to your conversation with your attorney the "fruit of the poisonous tree" doctrine would apply, but could you actually sue them if they did it? Do you have a right ...
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0 votes
1 answer
54 views

When does the state of Ohio consider someone a resident of Ohio?

When someone moves into Ohio, at what point does Ohio law consider them a permanent resident? Are related terms defined by statute, and if so where? (Is this a part of the Ohio Revised Code, the Ohio ...
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0 votes
1 answer
73 views

Can a typeface always distributed in digital form be recreated by hand?

Typefaces are not protected by copyright, fonts (the implementation) are. Does this mean that a typeface always distributed in digital format (mostly recent typefaces from the 2000s and beyond) can be ...
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2 votes
1 answer
120 views

Does the rebuilding of St Nicholas church building pose a constitutional problem?

One of the buildings that got destroyed during the 9/11 attacks was the St Nicholas Greek Orthodox church. It is busy being rebuilt. I'm assuming that some sort of government funding involved. Is ...
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2 votes
1 answer
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Does the California Arbitration Act apply to arbitrations between an in-state consumer and an out-of-state business?

Under California Code of Civil Procedure section 1281.97, in any “consumer arbitration” that requires the drafting party to pay fees and costs “before the arbitration can proceed,” if those fees or ...
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36 votes
3 answers
9k views

Can I use my own Stack Exchange answer in a book?

I’ve seen some similar questions, but was wondering about a more specific case. I wrote a Stack Exchange answer, and would like to use it in one section of a book I’m writing (which will be ...
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2 votes
1 answer
98 views

When does an officer's discretion end, and where does an officer's duty begin?

User6726's answer to this question seemed to imply that an officer's discretion was endless; that no matter what the situation, they could always decide not to intervene. That seems highly unlikely to ...
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0 votes
1 answer
80 views

What restrictions is a teacher under when they suspect a student of having ADHD?

TL;DR; I'm trying to validate my son's teacher saying "As a teacher, I can't even say ADHD." Is a teacher really that restricted? Long version: We have been dealing with a teacher who has (...
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2 votes
1 answer
40 views

Reproduction of phrases from characters for reuse

Would be there any legal issues if phrases said by characters in a video game were reproduced for reuse, with or without modifications? Words and (very) short phrases are not subject to copyright so ...
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3 votes
2 answers
567 views

Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?

I am wondering that if a U.S. President is intent on launching nuclear missiles against a foreign enemy of the United States, and he/she has verbally informed the Vice President and his/her Cabinet ...
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4 votes
1 answer
168 views

Can you be charged for breaking US laws abroad?

Say you commit a robbery in a country outside of the US. However robbery is legal in that country. If you come back to the USA, can you be charged?
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2 votes
1 answer
44 views

Obtaining a Power of Attorney in a different state than resident state

My terminally ill mother is seeking to name me as general power of attorney. It's something we've discussed before but now it's time to pull that trigger. She's currently out of state (Texas) ...
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2 votes
1 answer
57 views

Liability of joint bank account owner (U.S.)

Say that persons A and B have a joint bank account, with A as the primary owner, and assume that A gets sued. I understand of course that all funds in the account are exposed in the suit even if B had ...
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0 votes
2 answers
53 views

Should "Prenuptial agreement" be provided while getting marriage licence?

If two person want to get married and both are agree with writing a "Prenuptial agreement", should they provide it while they want to get their marriage license or there is no need to ...
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1 vote
1 answer
72 views

Academic or credential fraud

I recently found out that a professor in a graduate program forged diplomas and claimed to have a PhD, when in fact they do not. This professor is earning more more than other professors that ...
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1 vote
1 answer
144 views

Is there a Constititional right to medical care other than an abortion?

tl;dr version: I have a Constitutional right to pay for an abortion from a willing medical provider, even if a local statute purports to forbid it. Do I have an analogous general Constitutional right ...
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0 votes
2 answers
63 views

Can double jeopardy be circumvented by something other than the separate sovereigns doctrine?

It has been answered here that using the separate sovereigns doctrine, the same person can be convicted (or at least tried) twice for the same offense or crime, in the United States. Is there another ...
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6 votes
3 answers
202 views

How can a person declaring bankruptcy afford a lawyer?

In most jurisdictions, a person overwhelmed by debt can declare a personal bankruptcy (for example, filing for a Chapter 7 bankruptcy in the United States, or for a Verbraucherinsolvenz in Germany). ...
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1 vote
0 answers
25 views

Do name, image and likeness (NIL) laws prevent fans from filming NCAA events for extended periods of time?

I've heard this claim from an assistant director of events and operations, but I don't see online how NIL relates to this. For context, an usher at a Stanford tennis match told me I wasn't allowed to ...
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43 votes
3 answers
9k views

If Congress passed a bill written in a language other than English, would it be valid?

Suppose Congress passed a bill written in Spanish and the President signed it. Everything about the bill and the procedures by which it was written and passed were completely normal, other than the ...
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2 votes
1 answer
145 views

Is it legal to cheat in single player games with no in-app purchases?

I had a single player free-to-play (gratis, but not libre) game on my phone a couple years ago. It has no in-app purchases; AFAICT it's completely funded by ads. One feature of it is that you can get ...
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3 votes
1 answer
105 views

Is prohibiting possession of obscene publications unconstitutional?

In the Supreme Court Case Stanley v. Georgia, 394 U.S. 557 (1969), the Court declared that the "mere private possession of obscene matter cannot constitutionally be made a crime", at 559. ...
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-4 votes
1 answer
118 views

How is it legal to marry and impregnate a female under the age of consent?

https://www.youtube.com/watch?v=VB-BNlauWUs How is it legal to marry and impregnate a female under the age of consent? How can the guy not get arrested if he impregnated a female under the age of ...
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2 votes
1 answer
76 views

Can Casey White be held accountable for the death of Vicky White?

Can Casey White be held accountable for the suicide / death of Vicky White? https://abcnews.go.com/US/escaped-murder-suspect-extremely-violent-medication-sheriff/story?id=84590527 In Texas, if one of ...
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  • 5,346
0 votes
1 answer
115 views

What would happen if I set up an amateur radio station in Canada without entering Canada?

I have a US amateur radio license. I do not have a passport or Canadian amateur radio certificate. If I went near the border but stayed on the US side, set up an amateur radio station on a wheeled ...
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  • 2,179
0 votes
2 answers
103 views

What is the most likely way fetuses could be determined to be persons?

Could the Supreme Court rule that a fetus is a person? Could Congress pass a bill redefining "person" to include fetuses? If Congress did it, would states' homicide statutes apply to ...
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44 votes
5 answers
12k views

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

A few days ago I bought over-the-counter goods from a shop. There was no signature involved in this purchase. I walked up to the counter with off-the-shelf items, was asked for a phone number, paid in ...
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2 votes
1 answer
164 views

It is true that character classes are stock characters?

It is true that character classes from a game are considered "stock characters" and therefore excluded from copyright protection? If they are not considered "stock characters" what ...
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0 votes
1 answer
30 views

Is it okay to keep track of accounts receivable and accounts payable with cash basis accounting?

Is it okay to keep track of accounts receivable and accounts payable for my reference but still mark cash basis accounting on my tax return?
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2 votes
0 answers
106 views

How are food products containing partially hydrogenated oils (PHOs) still being sold?

All food products containing partially hydrogenated oils (PHOs) were banned from being sold in stores in the US starting January 1st, 2021: To allow for time for reformulation, the agency is ...
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0 votes
0 answers
26 views

Is an automatically generated link to an illegally copied file legal? [duplicate]

I'm thinking of writing a decentralized (not fully peer to peer, but I don't think that matters here) file sharing network program. Servers can inform other servers of files they have available; the ...
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2 votes
1 answer
112 views

Must the USCIS abide by the Code of Federal Regulations (CFR), or is the CFR just a set of guidelines that aren't legally binding?

I wonder whether the United States Citizenship and Immigration Services (USCIS) must abide by the Code of Federal Regulations (CFR) or the CFR is just a set of guidelines that aren't legally binding (...
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3 votes
2 answers
93 views

Can minors publish open source software?

If a minor releases software under a FOSS license, is the license binding? Could the minor sue a violator?
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1 vote
1 answer
30 views

Can a f-2 visa holder request for status termination to re-marry a US citizen?

If someone came to the US with F-2 visa while she and her husband (F-1 visa holder) are not US citizens nor permanent residents, and their marriage happened in their home country, can she (F-2 visa ...
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2 votes
1 answer
70 views

What is still considered obscenity in the United States?

I just skimmed the Wiki article on US obscenity law, and all the cases are from decades back. What would still be considered obscenity today and prosecuted as such? While my question is general to ...
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  • 121
0 votes
1 answer
92 views

Is it legal to reverse engineer Web APIs used by websites?

The library in my town has a Web site that allows you to check books out online and pick them up at the library. I would like to write a custom program to do this from the command line on my computer. ...
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  • 2,179
1 vote
2 answers
86 views

Can a US citizen visiting Canada as a tourist walk back into the US at any point on the border? [duplicate]

If I am a US citizen visiting Canada as a tourist, can I walk across the border back into the US at any point along the border (as long as I can do so without trespassing in either country)?
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  • 2,179
1 vote
1 answer
95 views

If someone swings his fist in your face to intimidate you, are you justified in hitting him in self-defense?

When Bob is angry arguing with his friend Harry, he tries to intimidate him by swinging his fist in Harry's face a few centimeters away, without actually hitting him. If Harry hits Bob in self-defense ...
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  • 111
1 vote
2 answers
33 views

How much change to a company’s copyrighted picture is needed?

A picture of a slipcover on a company's website- a company's sofa will always look the same. If you had the sofa picture would look the same so how can it be modified enough? I understand you can't ...
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0 votes
1 answer
46 views

After getting a visa, can you walk across the US-Canada border whenever you want?

If a holder of a US passport legally enters Canada and obtains a visa, can s/he then walk across the border whenever s/he wants?
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  • 2,179
1 vote
1 answer
75 views

What responsibility do parents have to keep and maintain the property of their children?

In reading this thread: In the USA, do parents have the right to control their children's possessions? It made me wonder... What responsibility do parents have to keep and maintain the property of ...
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