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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19 views

Can an employer apply for exemption from the WARN act and NJ S3170?

My employer is expected to release details regarding mass layoffs this week. From what I have found through research, the federal WARN act and NJ S3170 (as the employer is in NJ) come into effect here....
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1answer
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Can a name from an inactive Github project be reused?

I have a personal project started in 2018, which essentially aims at running Arduino code on an FPGA and is posted on Github. Being not very imaginative while picking a name, I just added the "...
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Are businesses obligated to obey the FBI by law?

See title. I can't explain anything on this, but I have to mention that this question is about businesses within the U.S.
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35 views

If the grand jury refuses to indict, can the prosecutor try again?

A prosecutor seeks an indictment for Charge X, but the grand jury returns a no-bill. Is the prosecutor free to seek another indictment on Charge X from the same grand jury, or from a different one? ...
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107 views

Why are books contraband in a US boot camp?

An acquaintance of mine has signed up for the US army and is now in his first six months, I guess what's called basic training. He was not allowed to bring books and asked us to send him reading ...
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1answer
205 views

Can the government ban a substance made entirely out of other legal substances?

Marinol, as I am sure many of you know, is synthetic THC. THC is the main psychoactive chemical in Cannabis. It gets prescribed for numerous ailments. Apart from THC, all cannabinoids are more or less ...
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3answers
8k views

Is youtube-dl takedown due to their tests which use copyrighted content?

The DMCA takedown notice posted on GitHub's youtube-dl page seems to be primarily based on the fact that youtube-dl is expressly advertised as a tool to "circumvent the technological protection ...
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40 views

Prevailing law when land is impermanent?

I live in an area where new land is developing from the slow deposition of soil at a river mouth. As the land grows out of the water, it is covered for less and less time each day by the high-tide or ...
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3answers
241 views

Can a pardon be issued clandestinely?

Say there exists some individual who is in danger of prosecution for federal crimes, though it's not yet certain what the exact charges will be, nor even whether the indictment will be made at all. ...
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1answer
112 views

Is It Legal to Create A Virtual Copy of a Physical Board Game If I Own A Copy of the Physical Game?

Since COVID-19 has senior centers shut down, I'm thinking of holding a virtual game night at these centers. I'd like to allow the seniors to play games like Risk or Monopoly against each other on ...
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1answer
69 views

Can an estate sue for defamation over statement made before decedent died?

According to the answers to this question you can't be (successfully) sued for statements you make about someone who is already dead. But what if you said something defamatory about John Doe while he ...
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2answers
94 views

Which members of the American government are required by law or tradition to live in a specific location beyond the President?

Foreward: This question is about the American government, but an argument could be made that it doesn't concern law, strictly speaking. If it doesn't belong here, please let me know where it could ...
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108 views

Why would someone face 2nd and 3rd degree murder, and manslaughter for the same killing?

A judge just dropped the 3rd degree murder charge against Derek Chauvin. He still faces a 2nd degree murder charge and a manslaughter charge. This doesn't make sense to me. How can someone face ...
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2answers
133 views

Are defense attorneys allowed to display the law to the jury?

This may sound kind of crazy, but I think in many cases things go against defendants because the jury simply does not know what the law is. A judge's instruction is not the same as a juror actually ...
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1answer
51 views

Is publication of classified information enough for a journalist to be compelled to reveal sources?

Based on my research so far, the United States has a rather interesting relationship with the press. Reporter's privilege is well-established in the case law, and every state except Wyoming has shield ...
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2answers
94 views

To what extent is Carolyn Bryant Donham legally responsible for the death of Emmett Till?

I read that there is a campaign in the United States by Civil Rights/BLM campaigners to arrest/charge Carolyn Bryant Donham, who lied in 1955 and claimed that she had been wolf-whistled at and grabbed ...
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5answers
9k views

Can a judge suggest to the jury that a witness is lying?

I was recently party to a preliminary hearing in a criminal case in which a 911 call was played. The content of the 911 call was very beneficial to the defendant. During the hearing, the judge said ...
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2answers
4k views

Is spitting on someone an assault? US and UK

In this video a woman is shown spitting on store staff. This appears to be before covid mask regulations. Question In the US and UK, would this constitute assault and what penalties are applicable? If ...
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3answers
176 views

Sworn statement from Chief of Staff on President's intent:isn't that hearsay?

Trump made two tweets (here and here) which (on a surface reading) would seem to be him ordering the complete declassification of all documents related to the Russian investigation. In response, ...
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1answer
47 views

What happens when a public institution in the US engages in segregation?

After the passage of Civil Rights Act what's the formal process to bring charges against schools, government institutions, or businesses that engage in segregation or other variations of "...
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2answers
143 views

If a judge evidences a misunderstanding of the law is that grounds for an appeal?

In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
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1answer
132 views

Ideologically motivated jury nullification

I was thinking about the idea of jury nullification. Let's say somebody does not believe in drug laws and knows about jury nullification. They get selected onto a jury. They are selected without them ...
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2answers
59 views

Is there a difference in a lawyer's culpability between “negative” and “positve”malpractice?

By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing. By "positive" malpractice, I mean a sin of commission, ...
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1answer
103 views

What happens if a “small estate” stops being small?

Let's say that a "small estate" (for example, in New York, under $50,000) is resolved through a Small Estate process. Letters of Administration are issued for a few small accounts. And then, ...
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1answer
41 views

Can someone from a non-English speaking country and university apply for universities inside Canada or US without TOEFL or IELTS? [closed]

Someone at OneKeyVisa immigration agency told my friend that she can apply for and get accepted to US universities and get her Student Visa without any English test scores and then request some ...
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1answer
153 views

Is it legal for someone to sell access to an American politician?

If someone knows an American politician that is currently holding office well enough that they could schedule a dinner and bring a guest, is it legal for them to offer to set up a meeting with the ...
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1answer
60 views

Will the license I am writing hold up? [closed]

I am writing a software license for my software that I wrote and I wondering if I could take someone to court if, for example, they shared the source code. My goal is to have a license that you can ...
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1answer
5k views

Does copyright law protect a translation of an ancient work from being translated into a third language?

Jurisdiction: California, USA. If a book was written in Greek two thousand years ago, and someone translated it into English more recently (say, yesterday), and then someone else wants to translate ...
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24 views

Is posting in blog format notes from out-of-print book where some content is original and other content is copied word-for-word illegal?

The out-of-print book is Commutative Algebra by Matsumura. For example, you can't buy it on Amazon. I take notes, solve the exercises, but sometimes in my notes (typed) I just copy word-for-word what ...
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1answer
198 views

Compensation for gays charged under sodomy laws after Lawrence v Texas

I’m not an American or legally trained, but I’m wondering if there has ever been any compensation awarded to homosexuals fined under sodomy laws, after those laws were found to be unconstitutional. My ...
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1answer
52 views

By what laws can the DoJ be the plaintiff for breaking confidentiality of the First Lady?

Quoting Techdirt: On Tuesday, the Justice Department sued Stephanie Winston Wolkoff, a former close friend of the First Lady, Melania Trump, who recently published a book about her relationship with ...
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1answer
118 views

Can a school prevent a child from saying the pledge of allegence “under satan”?

Lets say my body reverted back to the to match my mental maturity level and I became a kid again. During school when everyone stands up to say the pledge of allegiance I proudly declare "I ...
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1answer
60 views

Difference between bail and bail bond?

On a TV show recently I heard the judge say: "Bail is set at 15 million dollars, 5 million dollar bond". What does this mean? I am familiar with a bail amount, but is this a total of 20 ...
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1answer
139 views

Special immunity that newspapers do not enjoy

Pai said in a statement Thursday. “Social media companies have a First Amendment right to free speech. But they do not have a First Amendment right to a special immunity denied to other media outlets,...
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1answer
166 views

Is it legal for a private school to make COVID testing mandatory?

The CDC writes: It is unethical and illegal to test someone who does not want to be tested, including students whose parents or guardians do not want them to be tested. I presume its not talking ...
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2answers
114 views

Is Twitter liable for its content?

Twitter has allegedly censored a New York Post story alleging possible corruption by Hunter Biden and, by implication, Joe Biden in overseas business dealings.[1] Sen. Ted Cruz on Thursday said ...
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1answer
77 views

Does double jeopardy apply for different charges of the same case? [duplicate]

Lets say there is a serial killer who sexually assaults their victims before killing them. For the sake of argument, lets say prosecutors fail to successfully charge them with murder the first time ...
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3answers
646 views

Copyright Enforcement of Specification Sheets

For the sake of keeping this question focused, I am limiting the subject matter to technical data sheets. More so, to electronic component data sheets. I.e. for such components as resistors, ...
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3answers
9k views

Could the federal government ban people from drinking coffee?

Which amendment does this statement violate? The federal government refuses to allow anyone to drink coffee.
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2answers
241 views

Which amendment does this violate?

Bob requests a lawyer to be present while the police interview him after being arrested. The police just laugh.
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1answer
68 views

Legal benefit for empty security deposit letter?

I had to suddenly move out of my apartment due to a mold issue. Instead of continuing trying to fix it the property manager asked if I would like to break lease, and I gave thirty-days notice and had ...
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0answers
48 views

Does Verizon laying fios in DC automatically grant them an easement?

In general, I wanted to know what rights are granted to Verizon has when they come lay their FioS personal or business service wires. What are applicable city laws (specifically for District of ...
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1answer
33 views

Filing Requirements for a Federal EIN

I am part of a university student organisation in Texas, and we have an EIN, a bank account, and a PayPal account. We only exist at one university, and are not affiliated or associated with any larger ...
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2answers
119 views

Are there advantages to forgiving a mortgage

I hold a mortgage on a house owned by a relative and his wife. They made the monthly payments for a few years, but haven't paid anything for more than twenty years. Now that relative has died, and his ...
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1answer
51 views

How does a subject access request differ from a freedom of information request?

Is it similar to the distinction in the USA between a FOIA request and one made under the Privacy Act? Corollary: what is the origin of the Subject Access Request system, and why does the name seem to ...
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1answer
73 views

Playing copyrighted music legally -> personal and small group usage

I play guitar. I just want to know what is legal or not regarding my playing copyrighted music. I understand that performing in public (whatever that means!? Formal event? More than just me? Other?))...
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1answer
41 views

Does city municipal code apply to the towns that are part of it in New York?

I was reading the Towing Municipal Code for the City of Rochester (New York, USA) and was curious if the municipal code applied to my jurisdiction. Specifically I reside in the Town of Henrietta and I'...
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1answer
143 views

Anti-monopoly laws in the United States and Google

I am trying to understand what are the circumstances under which a corporation in the US is deemed a monopoly and can face legal consequences for it. More specifically, I am interested in why Google ...
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2answers
58 views

Is PR advice from a lawyer to their client privileged?

From this tweet: Wow. Marjorie Greene's attorney, @LLinWood, just accidentally texted to me his advice TO HER about how to spin my new article about her: It is too long and all over the place. ...
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1answer
1k views

If the seller of the house leaves their belongings inside, do they automatically become the buyer's possession when the transaction is complete?

I've had a peculiar situation recently while buying a house in Washington: During the initial viewing I've noticed that the garage is full of boxes with various items After signing the purchase ...

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