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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2
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0answers
38 views

In a civil infraction case, does the defendant have to turn over evidence to the prosecution beforehand?

Recently I heard about the proceedings of a parking ticket infraction in the state of Georgia which had me scratching my head. A person I know filed an appeal against a parking ticket because they ...
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1answer
30 views

Inventorship of a utility patent application that incorporates a provisional application

I am listed as a co-inventor in provisional patent application AA/AAA,AAA. The other co-inventors are PersonA, PersonB and PersonC. One year later my employer company filed a non-provisional utility ...
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Are airlines allowed to publicly display the first few characters of the last name of their passengers taking a given flight?

I see that United Airlines publicly display the first few characters of the last name of their passengers taking a given flight. Example from https://www.united.com/en/us/flightstatus/details/855/...
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4answers
136 views

Why would a company choose to make a “Pledge” or “Covenant not to Sue” instead of simply licensing a patent?

In 2006 Microsoft published their Commitment not to Sue which applied to many patented specifications. In 2014 Tesla made their Patent Pledge, which applies to every patent that Tesla has now or in ...
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1answer
57 views

fraudulent service of process

If someone sues me and sends their request for me to waive service of summons but sends the request via certified mail to my deceased cousin's house, we have same name, and my cousins widow tells me ...
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1answer
80 views

To what extent are a creditor's rights attenuated when debt is sold?

Sometimes a person, A, will run up debts that can't be paid. In these situations, a creditor, X, will often sell the debt to a third party, Y. My understanding is that it will be much easier for A to ...
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2answers
108 views

How much latitude does an attorney have in a deposition?

Suppose there is a witness (not a principal) to a car accident. An attorney would naturally ask the witness about where s/he was at what time, what s/he saw of the accident, etc. But suppose the ...
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2answers
162 views

Discrimination against male cheerleaders

I'm sure the average NFL fan prefers to watch female cheerleaders, but how does hiring only women comply with our Civil Rights Act (which outlaws discrimination based on sex)? For the record, some ...
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1answer
106 views

Is it a violation of HIPAA to say that a baby was born?

If a medical worker tells someone the first name of a child born at a hospital on that day, is that a violation of the Health Insurance Portability and Accountability Act (HIPAA) ? Does it make a ...
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70 views

Can I sue employer/manager for false promises for a raise?

My manager verbally told me I was getting a raise (12/10/10) On payday, Friday afternoon, he asked me to call him again. He advised I would not be getting the 10% pay increase at this time. When ...
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1answer
74 views

What qualifies as “wagering” or “gambling” and what are ways to avoid falling under that category? [closed]

You see, as naive as it sounds, I'm looking into starting an online casino (of sorts). I have no intention of presenting real-world cashout ability, thus as I would like to believe would make it not ...
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1answer
76 views

What must I do when hiring a personal assistant in Connecticut?

I recently hired someone to work with me on personal tasks, such as listing some of my personal items for sale online. We both live in Connecticut. We work together in person in Connecticut for 1 hour ...
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4answers
204 views

If a potential suspect wishes to speak to the police and can't afford a lawyer what is the safest way to do so?

Let's say that an individual, let's call him Bob, has been contacted by the police who want to speak to him about an associate of his that was recently murdered. Bob is not under arrest, but Bob ...
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1answer
97 views

Can a person benefit from damaging terrorists?

A few months ago Islamic Revolutionary Guard Corps (Sepaah Pasdaran) of Iran was designated as a terrorist organization by USA. As a person who lives in Iran I was wondering if I damage Islamic ...
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Insurance law and premium audits in NY state

Upstate New York (USA) here. I'm researching insurance law, specifically around the topic of so-called premium audits (aka insurance audits, aka insurance premium audits), which are on-site "field" ...
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1answer
29 views

How to handle an existing business' income and expenses when incorporating

I'm looking at incorporating my sole proprietorship as an S Corp. (An alternative I'm also looking into is an LLC taxed as an S Corp). My existing company already has income and expenses in 2020. ...
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3answers
1k views

Is it legal to sell/Trade Bitcoin for Cash in USA, Virginia?

I was wondering if trading/selling bitcoin for cash for example payments on Apple Cash, Venmo or Zelle is Legal in USA, Virginia or not ? Before I start selling some of my bitcoins.
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1answer
74 views

Discrimination, job application and essential requirements

Is it an act of discrimination when the employer rejects your job application, given that you a) belong to a protected group and b) can demonstrate experience in all the essential job functions (as ...
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3answers
122 views

Double Jeopardy with grooming

I was reading an article about a paedophile in Scotland that abused teenagers in the UK but also the USA through the internet. Here is a link to the news story Independent article Given that some of ...
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1answer
72 views

insurance refund check made payable to me and my ex husband

we were to receive a $924. insurance refund due to overpayment on a house we sold. my ex husband had the check sent to his new address without telling me , signed his name and forged my name and ...
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1answer
75 views

What would an entrapment defense look like in court?

This is not pertaining to any actual case or personal situation. I have tried to look up how an entrapment defense works, and the only standard I could find seems to be that you induced someone to ...
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1answer
97 views

Can lawful permanent residents be deported from the US for arriving at a port of entry without a green card?

Suppose a green card holder arrived on a flight to the US, but at some point during the flight, lost their green card and therefore could not present it to CBP. It seems that this person would be an ...
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2answers
150 views

If I discover information about a company through personal investigation can I act on it without being guilty of insider trading?

Let's say I'm a skilled PI who has, through detailed investigation followed a paper trail back and discovered that Soylent Green is people! (err..spoiler warning?) I am now aware of information that ...
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13 views

Preclusive effect of federal declaratory judgment in state court criminal proceedings

This question presumes the following circumstances: A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
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1answer
135 views

Is targeted killing legal?

I have read on wikipedia that for every adult the (U.S) targets on average 9 children gets killed, Trump ordered a strike on Iranian Military Leader in Baghdad. is targeted killing legal or atleast ...
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1answer
74 views

In the United States, how is the legal process different if a crime is committed IN court?

In the U.S., a common course of action is that a peace officer makes an arrest on an alleged violation of law, which is then heard by a magistrate/court. How is the process different if a court ...
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2answers
111 views

Child legally required to be injured?

If you knew a child would be injured (not by a person or animal or medical treatment) if they did something and you insisted (without physical threats, just legal action against them if they did not ...
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0answers
41 views

What does “dormant” mean in the Dormant Commerce Clause?

I think I understand the clause itself, but I'd like to develop some intuitive understanding of why Marshall used the word "dormant." I read the quotes of his decisions where he introduced the word, ...
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1answer
85 views

My car insurance company is taking a very long time to evaluate damage on my car — What are my rights?

I had an accident (not at my fault) about a month ago with my car. The car stopped working, and I had to tow the car to a shop. The insurance company said they would do their best to quickly evaluate ...
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2answers
70 views

Is accessing a company's corporate slack channels after I leave the company illegal?

I had an active slack session which never timed out and was able to read chats for a couple of months before I finally logged out. Since I logged out (approx 6 months after leaving the company) I ...
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1answer
34 views

Legal issues with selling goods in home country when not authorized to work in US?

If someone is not authorized to work in the US and they are currently living there, are there any laws being broken if they ship goods back to their home country? For example, if we call the goods "...
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2answers
80 views

How do you pass a DUI test if you're just clumsy?

I never drink or do drugs, but I have tried the "heel-to-toe straight line" test and the "raise your foot for 30 seconds" test, and I find both of them to be difficult or impossible. I have seen ...
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1answer
89 views

How could the recruits have legally defended themselves against the drill sergeant's insults in Full Metal Jacket?

I stood with my mouth open as I watched the first ten minutes of the movie Full Metal Jacket: https://www.youtube.com/watch?time_continue=2&v=71Lft6EQh-Y&feature=emb_logo The movie is set in ...
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1answer
46 views

What is the legality of an lawsuit filed against a foreign national in California

There was an NDA signed between an Individual Residing in India (Entity A) and Company based in San Jose, California (Entity B). Due to perceived breach of confidentiality agreement a cease and desist ...
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1answer
67 views

Prevented from listing details of work experience both in private (resume, interviews) and public (linkedin, etc.) while trying to look for new job

When starting new employment for a company (Company A) based in India it had asked me to sign an NDA for a company (Company B) based in San Jose, USA. The NDA had addressed to me directly and not ...
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22 views

Recourse for town lands seized by the Federal government and later remitted to a state

I am interested in the case of a town which had a large portion of its chartered land essentially seized by the US Government in the 1950s to be used for military purposes and for which only a nominal ...
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2answers
49 views

Is the federal charge for illegal possession of a firearm considered a “violent” crime or a crime of violence?

Per 18 U.S. Code § 922 (D)(3) and (G)(3) it is illegal to sell or buy a firearm to/as someone who is "an unlawful user of or addicted to any controlled substance." This includes cannabis, even though ...
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0answers
18 views

Is Research Experiences for Undergraduates (REU) classified as an internship or as professional training under US law?

How does US law define "internship" and "professional training"? In particular, are US REU programs considered to be internships or professional training programs?
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28 views

Are there any legal risks to transferring money to another country for an F-1 student?

Let's assume that your dating an F-1 visa student, who is supposed to be financed by her parents in her home country to go to school in the US. She is actually getting money through other means (...
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4answers
4k views

Can a religious baker refuse service to an underage couple-to-be, in accordance with his deeply-held religious beliefs?

As previously asked, bakers in certain US states can legally refuse service on the basis of sexual orientation. For the purposes of this question, assume that the state is Colorado. Child marriage is ...
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1answer
76 views

Can an individual be forced to wear a shirt when driving on federal grounds?

I have a friend who regularly drives without a shirt on during summer since he refuses to turn on his AC if he can avoid it. He works on a military base, and as such has to pass a security point ...
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0answers
39 views

Under what rule do bills etc. die (US Congress)?

It is generally accepted that when a bill (for example) is introduced in one house of Congress, it must be approved by both houses before that Congress adjourns. A bill approved by one house cannot be ...
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1answer
89 views

Why isn't stalling an impeachment considered an obstruction of justice?

First and foremost, is it correct to consider the process of impeachment and removal, in the US Constitution, a process of justice, but one administered in a political context? (That is, the opposite ...
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2answers
4k views

If an american is attacked or discriminated by his status as american, is he protected by anti discrimination laws?

Recently a person has been jailed for 16 years for burning a flag which represents a group of people meeting certain conditions in United States. This was deemed as discrimination and a hate crime if ...
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1answer
950 views

Can any portion of an american state declare independence from its state and create a new state?

I was reading Territorial evolution of the United States. There it says The northeastern region of New York, known as the New Hampshire Grants, declared independence as New Connecticut. New ...
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3answers
542 views

What prevents the DOJ from charging Democrats in Congress under U.S. Code § 2383?

18 U.S. Code § 2383 states Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or ...
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2answers
45 views

Legal consequences of complying with a house subpoena?

I keep seeing in the news that, at the president's order, people are ignoring subpoenas from the house of representatives, citing executive privilege. So what legal bite does the president have if ...
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1answer
34 views

Can I refuse a 2nd drug test after “failing” The first from a doctor writing my medication

I live in Virginia and I recently took a urine drug test my psychiatrist wanted because he was prescribing Valium. Came back that I had a different Benzodiazepine in my system that I have never been ...
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1answer
47 views

If a valid warrant uncovers a suspect's passwords, is another warrant needed to use them?

Scenario: a valid search warrant is executed on John Doe and his computer is seized. Somehow, this manages to net the police Doe's passwords for a bunch of sites (for example, Doe stored all his ...
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1answer
70 views

Could a school legally prevent two children from talking during the pledge of allegence?

It's already been settled that schools can not legally require a child to recite the pledge of allegiance in the United States of America, in fact they can't even require a child to stand up for it, ...

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