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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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21 votes
4 answers
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Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution. Say some level of government (state, federal, or local) ignores this ...
interfect's user avatar
  • 3,491
-3 votes
1 answer
127 views

Can the federal government prohibit the publication of software it does not like?

There's a bill scheduled to pass the House today that imposes a $5,000 fine every time someone updates TikTok from a web service you provide. (It's not clear to me whether this only applies if you are ...
interfect's user avatar
  • 3,491
0 votes
3 answers
240 views

Will disabling the ABS system on a used car void the auto insurance policy on that car?

I have watched some YouTube videos on Anti-Lock Braking System (ABS) problems on cars, and some of the auto mechanics in these videos show how the ABS system on cars can be disabled by removing a fuse ...
user57467's user avatar
  • 1,543
2 votes
1 answer
209 views

In the US, can the police be forced to release a suspect because their location was obtained in violation of the 4th amendment?

Imagine the following scenario: Alice commits a murder. There are multiple witnesses to the murder, a video of the crime, fingerprints, DNA traces, etc. It's a slam dunk case by any reasonable ...
JonathanReez's user avatar
  • 4,563
0 votes
1 answer
114 views

Is it legal in CO to work as a caregiver and not receive pay since Jan 31, 2024?

I'm a caregiver and my employer has not paid me for over 300 hours of work, including overtime. My employer says once they get paid from the state for my client's home care then I will receive back ...
Angela Cook's user avatar
23 votes
5 answers
34k views

Deleting Software I Wrote Upon Leaving Employment of a Company

For some context, I live the US, in an at-will state, and there's no employment contract involved. When I was younger, I worked at a warehouse doing inventory-related activities as an hourly employee ...
zelarian's user avatar
  • 332
1 vote
1 answer
208 views

Is it legal to bring someone to the attention of a large mob, knowing they are likely to be injured?

Say I'm a famous person with a large and particularly unsavory following. I point at random private person Ash Zeweski and say "boy, I hate this person who is my enemy, they have poor moral fiber ...
interfect's user avatar
  • 3,491
1 vote
1 answer
130 views

Can I send someone an email that they are not licensed to download or copy?

This answer suggests that emails usually come with an implied license to do things like download them to your computer, copy them from your old server to a new replacement server, etc. What if I sent ...
interfect's user avatar
  • 3,491
0 votes
0 answers
50 views

Can you be prosecuted for doing something legal abroad (but that is considered illegal in your home country)? [duplicate]

Let's say you are a U.S. citizen and you go to Country X for vacation (or more specifically, with the intent to commit that crime abroad - in case that makes any difference). In Country X, it is legal ...
AlanSTACK's user avatar
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9 votes
4 answers
4k views

Do judges limit the amount of work required from each party's lawyers in a civil case to a reasonable amount?

One of the reasons rich parties tend to beat poor parties in civil cases is that the rich party will initiate a bunch of actions in the case that the poor party has to respond to. The poor party ...
interfect's user avatar
  • 3,491
1 vote
1 answer
79 views

Do any US states require online businesses to register and pay tax?

If an Internet services company (a search engine, social network etc.) is registered in say California or Delaware, but offers its services throughout the US, do any other US states require it to be ...
Greendrake's user avatar
  • 27.6k
1 vote
1 answer
160 views

Is cruel and unusual punishment allowable as a voluntarily-chosen alternative to a constitutional default sentence?

Is it constitutional for a person convicted of a crime to be offered a choice between two punishments, one of which would be cruel and unusual if it were the only option, if the other poses no ...
Someone's user avatar
  • 17k
2 votes
2 answers
161 views

Does a Durable General Power of Attorney extent to voting rights?

If a person had a durable general power of attorney for another person as a result of that person being disabled but not incompetent, would it be legal to sign a ballot and cast a vote on their behalf?...
Michael Hall's user avatar
  • 4,594
0 votes
1 answer
121 views

Is Walgreens legally liable for lost film?

If I gave a roll of film to Walgreens to develop and they lost it, what are my chances of winning if I sue them for the time spent to take the photos in addition to the film?
merlin2011's user avatar
0 votes
4 answers
100 views

What is the legal term for someone who performs work in return for money, regardless of whether the man or woman is an employee or contractor?

As you know, in the United States, contractors and employees are very different. The contractors do work, but often do NOT receive any health insurance. I was reading that the term principle is used ...
Samuel Muldoon's user avatar
0 votes
1 answer
83 views

Do US companies have access to check out their job applicants immigration status?

I am wondering do companies in USA have access to a database to check out if a job applicant has US Green Card or not? I saw on USCIS website that says if you want to check someone's immigration ...
user3486308's user avatar
0 votes
1 answer
66 views

Is there some law that requires businesses to erase your financial information after a period of time?

So for context, during the year 2021 I had a gym membership with Vasa fitness. At the end of 2021, I cancelled the membership (properly, there was no charges after this for years). Now a few days ago, ...
Justin T's user avatar
  • 103
12 votes
2 answers
5k views

Why aren't congressmen/women arrested for interrupting State of the Union

Reports are mentioning that a heckler was arrested for shouting during the State of the Union. I understand it's a relatively small charge, misdemeanor, but what rules/laws are in place that stop any ...
BruceWayne's user avatar
-3 votes
1 answer
160 views

Is it legal for a school to keep property confiscated from students?

If a school confiscates contraband that is not allowed on school property but is otherwise legal to possess, are they allowed to keep it, or is it required that they return it to either the parents or ...
Zander Tappen's user avatar
1 vote
1 answer
45 views

No valid contact info for 401k sponsor to allow transfer of funds [closed]

I was employed from 2018-2020 by Company A, during which I contributed funds to their 401k plan. I was laid off from A in 2020. At some point in time after this, Company A was acquired by Company B. I ...
Larold's user avatar
  • 13
-1 votes
2 answers
408 views

How can an employer force a former employee to update their linkedin?

What law, statute, or precedent can an employer use to force an employee to update their linkedin? An employee has left the company but has not yet updated their linkedin. Is it possible to force them ...
Test's user avatar
  • 565
5 votes
4 answers
2k views

Contract for plumber vs roofer

When one creates a contract in a specific business domain, are there parts of a contract that do not need to be enumerated as the type of work already includes implied constraints. i.e. A contract ...
paulj's user avatar
  • 1,581
6 votes
1 answer
103 views

What if someone goes on protected leave and their employer thus realizes they don't need them?

Say that Ash works for Big Co. and goes on some kind of legally protected leave (FMLA leave, parental leave, etc.) because of some protected characteristic (such as having acquired a disability and/or ...
interfect's user avatar
  • 3,491
0 votes
1 answer
133 views

What are some reasonable requests, if someone doesn't want to be in a video of others vlog when walking on street, which shared online in California?

Let's say Bob is walking on the street and he notices that someone is doing vlog walking by, which holding a stick with Insta360 camera (captures everything around the cam). What are some options for ...
Maxfield's user avatar
  • 569
3 votes
1 answer
93 views

Does the United States Constitution impose an obligation on Congress to pass a budget?

Does the United States Constitution impose an obligation on Congress to pass a budget?
Jen's user avatar
  • 57.4k
0 votes
1 answer
117 views

Would a valid ex post facto law be possible with a constitutional amendment?

Suppose that some action has been committed that is virtually universally seen as heinously immoral and worthy of punishment. However, there is technically no law against the action at the time, and ...
Someone's user avatar
  • 17k
1 vote
2 answers
149 views

What is an employee's liability for defective work?

Employee E works as part of a development team for company C, which has a contract with customer F. Suppose that F is dissatisfied with the work product that C submits. Under what circumstances would ...
Phil Freedenberg's user avatar
20 votes
7 answers
5k views

What happens when Congress violates the Constitution through inaction?

The Constitution sets down rules for how Congress can operate, and what it may, may not, or must do. If a President does not do something the Constitution requires them to do, they can be impeached ...
interfect's user avatar
  • 3,491
5 votes
2 answers
1k views

Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

It has recently been determined by a controversial Supreme Court decision that Section 3 of the 14th Amendment is to be enforced by legislation drafted for the purpose by Congress, and not by the ...
interfect's user avatar
  • 3,491
-3 votes
2 answers
201 views

What possible reason could SCOTUS have for taking up the Trump immunity case?

SCOTUS was given an opportunity several months ago to hear the appeal regarding whether Donald Trump has immunity from prosecution for actions he took while he was President. They declined to hear it, ...
Barmar's user avatar
  • 2,379
16 votes
2 answers
3k views

On what day does a person turn "X years and 6 months" for the purpose of driver licensing in USA states?

I was looking at the legal age when a person can have a permit. In some states, it is 14 and a half, in others, it is 15 and a half, and so on. My question is: if someone is born on August 31st and ...
puzzled's user avatar
  • 341
2 votes
1 answer
145 views

Is it legal to give someone money when you know they might spend it on bribes?

I've heard that, to escape dangerous regions, refugees sometimes find themselves needing to bribe border officials. This could be because they are legally not supposed to be allowed to leave the state ...
interfect's user avatar
  • 3,491
3 votes
3 answers
1k views

Must a for-profit corporation use share-based ownership?

Generally, corporations are structured so that ownership is represented by shares, and a person can own any number of shares. Is this structure required by law? Or can corporations be created that use ...
interfect's user avatar
  • 3,491
0 votes
2 answers
88 views

Filing a motion - does it have to be signed?

If a lawyer wants to file a motion on behalf of his client in criminal case, does the motion have to be signed by client? by the lawyer? both? If so, can it be done electroncially?
Paul59's user avatar
  • 77
1 vote
0 answers
55 views

By whom is the Trump "Immunity case" presently stayed

[had been posted to politics.stackexchange.com, but comments there indicated it would be more appropriate here] According to a number of YouTube videos, when a case is appealed to the Supreme Court, ...
supercat's user avatar
  • 721
4 votes
3 answers
7k views

Repercussions from hitting protesters blocking highways

From “What power do I have as a driver if my interstate route is blocked by a protest?”, I understand that intentionally hitting protesters who block the road is considered “Vehicular Misdemeanour”. ...
ChocolateOverflow's user avatar
1 vote
0 answers
51 views

Is denial of entry in the US appealable? [duplicate]

Suppose X possesses a valid visa to the US and enter a US port of entry. However at this point a CBP officer determines X to be inadmissible to the US for some reason. Can X appeal this reason to a ...
whoisit's user avatar
  • 303
5 votes
1 answer
3k views

Can I legally compell a student to go back to their home country?

Suppose that I am the owner of a fully-owned private company in the USA. I am providing a full scholarship to a student from country X to go to the USA to do a 4-year PhD. Can I add a clause to the ...
user366312's user avatar
0 votes
0 answers
94 views

In the Georgia, what is the level of evidence needed to disqualify a prosecutor for impropriety?

Specifically as it relates to the Trump election case in Georgia, what is the bar needed to cause disqualification? Is the appearance of impropriety enough, or does actual impropriety need to be shown?...
theresawalrus's user avatar
3 votes
2 answers
134 views

Are there lines of reasoning that can only be introduced into a case via an expert witness?

Say some technical question is important to a court case. One side brings in an expert witness on the subject to testify that the answer is in fact A in their expert opinion. Is the other side allowed ...
interfect's user avatar
  • 3,491
4 votes
1 answer
152 views

What happens to my software licenses when I die?

If I die, my computer or phone will pass to my estate, and then to my heirs according to my will. What happens to the licenses I held that authorized using the software installed on those devices? ...
interfect's user avatar
  • 3,491
3 votes
0 answers
47 views

Can assets be protected from sale in bankruptcy by a contract not to sell them?

It is apparently common to not be allowed to resell seeds obtained from growing genetically modified plants, as a condition of having the original seeds sold to you. But one might have several ...
interfect's user avatar
  • 3,491
9 votes
2 answers
3k views

What do people mean when they say "This Court"?

When reading some old court transcripts, I find that some of the lawyers argue, "This court has found in the past..." What exactly do they mean by "this court"? Are they referring ...
AlanSTACK's user avatar
  • 2,060
-4 votes
1 answer
157 views

First time owing taxes. Is it okay to pay in pennies and sign in blood?

I plan on bringing in a satchel full of pennies, a nib-pen to draw my signature and initials over the documents, and a tack to draw blood for the ink. In today's state of personal security, isn't my ...
Diogenes'Shade's user avatar
1 vote
1 answer
138 views

Blood taken from a suspect for testing

Consider the following hypothetical situation: A person is arrested and blood is taken from him. In this hypothetical situation, we have: The person who took the blood The person who transported the ...
Paul59's user avatar
  • 77
1 vote
1 answer
194 views

Is it legal to count garage as living space

Location: Eustice, Texas I know that depending on jurisdiction it can be possible to convert a garage into a "living space" provided certain requirements are met. My question is about a ...
jesse_b's user avatar
  • 959
0 votes
1 answer
148 views

Is it permissible for online forums to not delete possibly illegal user content unless ordered by a court?

In the United States, as some related answers point out (like this and this), Section 230 (47 U.S.C. § 230) protects online forum providers from both civil and criminal liability for user content they ...
Greendrake's user avatar
  • 27.6k
5 votes
0 answers
101 views

Can a US state ban a drug that is approved by the FDA?

The more common scenario nowadays is for a US state to "legalize" a drug that is illegal Federally, namely cannabis. This scenario has been well-researched and it is well-settled that the ...
Robert Columbia's user avatar
1 vote
2 answers
212 views

Does employment change during divorce proceedings affect spousal support/asset division?

Spouses A and B are divorcing. Divorce started in December 2023. It's a contested divorce, with no settlement, so goes to the judge. There are no dependents to complicate the picture. In the middle of ...
user17760's user avatar
  • 308
1 vote
2 answers
153 views

Is it legal (but maybe "unprecedented") for the prosecution to "judge shop" to re-arrest someone on the same charges?

It's been said that the recent re-arrest of an FBI informant on the same charges is "unprecedented", in particular because it was done by going to a different judge than the original ...
against very long user names's user avatar