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
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6answers
4k views

Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud?

Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud? In the United States, is there some kind of law that protects people when they violate their NDA ...
-3
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2answers
60 views

Legal Ethics: Government lawyers giving legal advice & ABA rule 4.3?

I submitted a request for information to a government agency and got back an answer from a lawyer that seems to constitute legal advice prohibited under DC bar rule 4.3. Would a government (law ...
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2answers
45 views

How is "publication" different in copyright and defamation cases

There has been some confusion here on Law.Stack exchange as to whether "publication" or "publish" has the same meaning in defamation cases as it does in copyright cases. I am ...
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2answers
2k views

Is transfer pricing legal in the United States?

Is transfer pricing legal in the United States? Transfer pricing allows companies to sell to its own subsidiaries without using market pricing mechanisms to do so. Is this legal in the United States? ...
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1answer
53 views

Can the FBI take custody of a defendant in a state trial if they have information the FBI needs (possibly national security related)?

The premise of the question is based on Law and Order episode America, Inc. The situation is as follows: a person is facing serious state charges (murder), a trial is underway and jeopardy has ...
17
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2answers
4k views

When an old Supreme Court ruling is overturned by a new one, how is this explained philosophically?

When a new SCOTUS ruling overturns an old one, what is the philosophical difference between the two rulings? It seems to me that there are two possible explanations; either the old ruling was a ...
2
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1answer
85 views

Appliance store sold our custom order to someone else when it arrived in inventory that we had paid for

We bought and paid for custom appliances (5 items) that took about 2 months to get them in. We were told everything was in inventory and when did we want them delivered. We had to wait a couple weeks ...
0
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1answer
53 views

Legal process for formally relinquishing property?

Suppose that in the US, Alice has some item in her possession which, for whatever reason, she no longer wishes to own. Does simply abandoning it (e.g. leaving it in a public space) qualify as ...
2
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1answer
58 views

Who is legally accountable for the action of the internal audit of a company?

Who is legally accountable for the action of the internal audit of a company in the U.S.? If the internal audit of a company doesn't do due diligence by not properly auditing the financial documents ...
3
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1answer
34 views

Can a Federal law allow suits in a US state court?

If a US federal law creates a private right of action, say for a privacy or consumer protection tort, can the law authorize suit to be brought in a state court, particularly a small-claims court? If ...
10
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1answer
848 views

Personal devices subject to subpoena?

I work for a company in the US in IT, and don't have a company provided phone. I've resisted installing work-related apps on my phone (such as Skype/Teams, Outlook) out of concern that my phone might ...
1
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1answer
35 views

Does the doctrine of sovereign immunity extend to state officials acting in their official capacities to serve the government?

Does the doctrine of sovereign immunity extend to state officials acting in their official capacities to serve the government? Or it doesn't and people can sue officials and the representatives of the ...
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2answers
100 views

Is the CEO always accountable for any crime and fraud committed within the company?

If a CEO was largely or completely unaware of the situation within a firm and some financial crimes were committed, is the CEO held accountable, or does it have to be a major financial crime or ...
3
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3answers
145 views

When does a warning not to talk to the police become "witness tampering"?

Every competent criminal defense attorney will advise their client (or anyone else) NEVER to talk to the police. Law professor James Duane gave a 45-minute lecture on this exact subject. So, obviously ...
0
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3answers
93 views

What exactly constitutes fraud?

Intent without Damages: Suppose a store has a "Henry Deal," where anyone named Henry gets a 10% discount. I claim to be named Henry to get the deal, and nobody checks my ID. This would ...
1
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2answers
39 views

Buying back shares and insider Trading

Imagine the CEO of a major corporation knows that in a few days knows the corporation will be issuing an earnings report that will be above expectations. As such, he believes the price of the stock ...
1
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1answer
53 views

Is a violation of contract or Terms of Service considered a crime in certain cases?

Suppose I make a video conferencing website, but I specify in the Terms of Service that the free version is not to be used for commercial purposes. Someone uses the website without reading the Terms ...
7
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1answer
2k views

Can you get prosecuted as a Senator for insider trading if you buy an ETF?

Can you get prosecuted as a senator for insider trading if you buy an ETF? If the senator used insider information and bought an ETF that had a big holding of a stock that went up as a result of an ...
0
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1answer
79 views

How to avoid in-person schooling in Plano, TX for 2021-22 school year?

Texas legislature killed funding for remote learning in the upcoming 2021-22 school year, meaning that children will have to do in-person schooling again. Because of the increased spread of the delta ...
2
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1answer
30 views

Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments?

Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments? For example, let's imagine that in a preliminary hearing before the trial has started, a cop ...
1
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3answers
88 views

Can I travel back to the U.S. with a temporary green card after a divorce?

I got married K1 visa and all, and got my Green Card (2 year temporary) in January 2021. So it’s good until January 2023. I just got a divorce in June 2021. I’m leaving my new born child with my wife ...
8
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2answers
2k views

What does "Congress having occupied the field" mean?

I've run across the phrase "Congress having occupied the field" in legal writings recently. Can someone explain this? My question relates to The Common Law Right of Access to Public Records....
0
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1answer
63 views

What is the current legal status of living human clones?

What are the current laws on the books regarding complete or incomplete clones of humans? With or without natural birth? What is their legal status as individuals, and do they have a right to ...
1
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1answer
60 views

Can future debts be included in a bankruptcy petition?

I'm asking this question as a matter of law, not specific to any situation, and not as a request for advice. Can debts that you know for sure will be incurred in the month after filing (examples may ...
3
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1answer
63 views

What, if any, exemptions exist to 28 U.S. Code § 516?

28 U.S. Code § 516 states: Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing ...
1
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1answer
74 views

Does the sovereign immunity clause prevent the federal government from suing states through the federal court in any situation?

The sovereign immunity refers to the fact that the government cannot be sued without its consent. Overview Sovereign immunity was derived from British common law doctrine based on the idea that the ...
1
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2answers
77 views

If the Supreme Court endorses the unitary executive theory, would it allow any President to commit obstruction of justice?

If the Supreme Court endorses the unitary executive theory, would it allow any President to commit obstruction of justice? Let's say a President decides to impede a Federal investigation to let ...
3
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1answer
102 views

Does Seila Law allow the U.S. president to fire anyone working in any U.S. agencies without cause?

https://en.wikipedia.org/wiki/Seila_Law_LLC_v._Consumer_Financial_Protection_Bureau Does Seila Law v. CFPB allow the U.S. president to fire anyone working in any U.S. agencies without cause? I am ...
0
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1answer
85 views

Does a country have the legal right to shoot any military or spy planes down as long as it flies in its airspace?

Does a country have the legal right to shoot any military or spy planes down as long as it flies in its airspace? I am wondering about this, what about suspected planes from private companies or other ...
1
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1answer
80 views

How can we attribute an invention to a natural person if an invention was fully invented by an AI system?

Can Computer Systems Using AI Patent Their Own Inventions Increasingly, companies are using AI to invent new methods and products. But can such inventions be patented given the requirement that each ...
6
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4answers
252 views

Is a filing in the public domain?

Apparently, a Comic book shop filed a complaint as a comic book. The third amended complaint in the case has, in part, the style of an illustrated novel. But it is also a court filing. Court ...
2
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1answer
86 views

How accountable are dog owners for their animals' actions?

I realise that if I forget that the garage door is open and my dog gets out and bites someone I'm in big trouble. What would be the case if I'm sleeping in my house and someone breaks in and my dog ...
9
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1answer
436 views

Discovery process and evidence in a "foreign" language

During the discovery procedure, the parties can obtain some evidence from the other party(ies) or non-parties. In the situation that interests me, one of the parties has evidence that is in a language ...
2
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2answers
101 views

Held liable for negligently allowing counterfeit?

Suppose Alice runs a bar in the US, so patrons must be 21 or older. Bob comes to the bar with a fake ID, and Alice allows him to order drinks. Normally if Bob were caught, it seems that there would be ...
-1
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1answer
47 views

I returned an order to a business online that has a "typical" return policy, and they have not issued a refund. How can I take legal action? [closed]

I ordered an item from business online that has a "typical" return policy, i.e., a full refund will be issued in, say, two weeks upon receiving the returned item, assuming that the item has ...
11
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3answers
3k views

Are anti BDS laws in the USA violating the doctrine of separation of church and state and/or freedom to assemble?

Many state and federal lawmakers support anti BDS laws. BDS is a movement about boycotting Israel for alleged human rights abuses. (It stands for Boycott Divestment and Sanctions.) A federal court has ...
3
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1answer
152 views

Can "obscenity" be used to forbid a political sign?

According to a New York Times story "She Hates Biden. Some of Her Neighbors Hate the Way She Shows It." a woman in the Borough of Roselle Park, N.J has been ordered to take down a political ...
1
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2answers
82 views

How many time can a company apply for the same patent after it was rejected?

How many time can a company apply for the same patent after it was rejected? Can you apply as many time as you want as long as you pay the fee to apply for a patent, or is there a hard limit on this? ...
22
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3answers
9k views

When will Pfizer et. al. be liable for injuries caused by the COVID-19 vaccine?

According to the PREP act, the companies developing and administering the COVID-19 vaccines cannot be sued for unintentional injuries resulting from the vaccine. I have seen enough commercials ...
1
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1answer
83 views

Legality of prescription and schedule 1 drugs in first aid kits

Is it legal to keep small quantities of prescription and/or schedule 1 drugs in a first aid kit? In this situation there would be no prescription or doctor involved. Examples would be: morphine ...
0
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1answer
71 views

What rights does one have to license their autobiography?

If any such right is based on a copy right theory, obviously, that would require first the writing of an autobiography. Is there a right that you may reserve relating to your story?
1
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2answers
104 views

Can senators meet in secret to discuss impeaching the president or do all such discussions need to be done in public?

Can senators meet in secret to discuss impeaching the president or do all such discussions need to be done in public? I am wondering if meeting in secret to discuss impeaching the president can be ...
52
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3answers
9k views

Landlord penalty for law enforcement calls

The town where we own a rental property had a meeting for landlords (by which I mean owners of rental property) recently. Those who attended reported learning that there are some new laws regarding ...
1
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1answer
51 views

Serving summons on a defendant who is a U.S. Federal Government official: original or copy?

A civil lawsuit against federal government officials is served by certified mail. This is in accordance with Fed. R. Civ. P. 4 (i): (i) Serving the United States and Its Agencies, Corporations, ...
0
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1answer
116 views

Can you seize a company's intellectual property if it was created using your platform?

Can you seize a company's intellectual property if it was created using your platform? Can you put something in the user agreement that allows you to seize any intellectual property created using your ...
10
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3answers
3k views

Making Money and not filing an Income Tax Return

I have a friend who works as a teacher. He claims that for several years he has made money and paid all the income tax that he owed and maybe a bit more. He has not filed an income tax return. I do ...
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2answers
82 views

Power of the IRS

Imagine that the IRS is auditing somebody's tax return. The auditor thinks something is wrong with the return. However, he/she is not sure and does not have any hard facts on what is wrong. The ...
5
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1answer
150 views

Can I legally use the Windows licenses listed on the back of devices I purchased?

I purchased some second-hand laptops from various sources. On the underside, I noticed there are stickers with Windows Vista and Windows 7 license keys listed, which I assume were there from the ...
0
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3answers
150 views

Can you avoid paying taxes on the Bitcoins you've sold by using a shell company outside of the U.S. and transferring the coins to it before selling?

Can you avoid paying taxes on the Bitcoins you've sold by using a shell company outside of the U.S. and transferring the coins to it before selling? I am wondering if there's a legal flaw in the ...
0
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2answers
113 views

Does a company have to buy a license for a technology if the technology was developed simultaneously?

Does a company have to buy a license for a technology if the technology was developed simultaneously? Let's say that a company A and a company B developed technology C at the same time, but company B ...

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