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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2answers
524 views

How does “apparent authority” work for a company's directors?

An employee or agent of a company has apparent authority to transact on behalf of the company if his function or standing with the company will lead a reasonable person to believe that the company ...
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2answers
826 views

Selling Used Water Bottles

When I was in Rome, I got two warnings from the locals: Beware pick pockets and keep your valuables safe and covered in the streets. Don't buy water bottles from the guys on the street: they might be ...
2
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1answer
92 views

Who owns the the lake?

In the U.S. if I anchor my houseboat for an extended period in the middle of a large lake connected to a navigable waterway can the city or municipality bordering the lake charge me taxes?
9
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1answer
11k views

Can police enter a dwelling to intervene in a suicide attempt in a state where suicide is not a crime?

I have often heard claims that the reason suicide (and attempted suicide) is criminalized (at common law, if not statutorily) in some states is that it allows law enforcement personnel to enter a ...
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2answers
588 views

Destroying a will and ganging up with relatives not included in that will

I've seen and read about lots of relatives of deceased wealthy individuals disputing the dead person's will and I've always been curious about this: Suppose I'm a lawyer (who I'm not) and I'm ...
12
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3answers
30k views

If a neighbor calls the police and says I'm doing drugs on my property

If a neighbor calls the police and says I'm doing drugs in my house/yard and I'm inside by the time the police get there, do they have probable cause to search my property?
4
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2answers
2k views

How does the statute of limitations on defamation work?

My understanding is that defamation has a very short window for a lawsuit, like one year. So suppose a libelous statement was published in a widely circulated journal, call it the New York Times, and ...
3
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2answers
6k views

What does “declare under penalty of perjury” mean within a federal civil case?

I was reading a document filed by a member of the SEC in a civil case. (1:15-mc-91258-RGS in District of Massachusetts) At the beginning, it said this: I, <name>, declare under penalty of ...
6
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1answer
2k views

Is it illegal to sell malware?

Is it illegal to produce and sell malware? If no, is there any data I need to collect on the customers? Is it illegal to produce and sell Crypters(programs that hide other programs from antivirus)? ...
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0answers
52 views

Gender in Kentucky marriages

In Kentucky, when two people want a marriage license, does the license require a determination of gender? If it does, what evidence (if any) must the parties present to establish their genders?
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2answers
110 views

Is a UDP/IP network exempt from COPPA?

COPPA 312.2 defines "Internet" as collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide ...
6
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2answers
396 views

Choosing what level of scrutiny to apply to enumerated rights

In court decisions dealing with burdens on enumerated rights you often see a discussion, or at least a reference to a previous decision, as to what level of scrutiny to apply. Why, in the case of ...
3
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1answer
532 views

(US/Florida) Can an individual sue a public university to get them to enforce one of their existing policies?

This is a question of theoretical interest, since the likelihood that I'd actually take this action is near 0. So, there is one particular commonly traveled outdoor covered hallway on campus that is ...
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2answers
98 views

need terminology for visitation matter

I am a volunteer translator-advocate for a friend. Her son used to have shared custody, but a couple of months ago, my friend went to family court to change this. Now my friend has custody but the ...
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4answers
4k views

Why does browser cache not count as copyright infringement?

My browser is saving a copy of the web pages I visit on my computer. How is that not copyright infringement? in this answer I read: I would hazard a guess that displaying an HTML webpage online is ...
13
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1answer
9k views

Can I defend myself from excessive police force?

Hypothetical situation: Say the police are chasing me. I get tackled after which I go limp and stop resisting. Subsequently the officer starts throwing elbows to my face. I'm not sure why he's ...
3
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2answers
225 views

Is an employer required to tell you why they withdrew an offer based on a background check?

A friend recently received two job offers. He accepted one and rejected the other. The employer he accepted subsequently withdrew the offer because of what came up during a background check. He has ...
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2answers
2k views

If you sign a signature pad, without seeing what it's for, is it binding?

You sign something on a signature pad, and only after you've signed it, receive the printed statement with the full statement which you've supposedly acknowledged prior to signing, but have never ...
2
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1answer
461 views

How to do voir dire if you had taken a Driving Safety Course?

In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record. ...
4
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3answers
509 views

Could a prosecutor hint the jury about past dismissed cases?

In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record. ...
3
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0answers
74 views

What is the purpose of a Money Mortgage Deed of Trust Affidavit?

I'm recently divorced and in the process of closing on a house, and was given the option by the title company of either having my ex sign a Subordination of Child Support Lien or executing a Money ...
4
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1answer
5k views

Is viewing pornographic content with questionable consent of depicted person illegal?

Many pornographic sites have a community that is uploading videos to the site. Some of the most well-known sites like pornhub.com and xhamster.com are an example for such websites. There are several ...
2
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2answers
219 views

What do you pay for Lexis/BNA/Westlaw?

How much do small firms or individual practitioners pay for access to Lexis, BNA, and Westlaw? These seem to be essential tools for effectively engaging with the judicial system, and something of a ...
2
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2answers
197 views

What protects Glenn Greenwald from liability under U.S. law for his role in the publication of classified materials provided by Snowden?

Edward Snowden leaked classified U.S. government materials to be published by Glenn Greenwald. Chelsea Manning leaked classified U.S. government materials to be published by Julian Assange. Now, ...
8
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1answer
16k views

Employer Won't Release 401k

A client of mine came today with a scenario that I had never seen. She had worked for a company for three years, held about $60K in a 401K, but four months after being laid off she hasn't been able ...
2
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2answers
105 views

Can a private individual force a competitor to cease a illegal practice which gives a competitive advantage?

Consider two businesses, "Us LLC" and "Them, Inc." which are both in the field of selling widgets to the general public. The production of these widgets fall under a government regulation that ...
3
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2answers
653 views

What is the purpose of the inheritance tax in the United States? [closed]

I know the United States has the inheritance tax. But I do not really know the purpose or the point behind it. What is the point of the inheritance tax? Why must the inheritance assets be taxed ...
2
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1answer
790 views

Under US Law, can a minor have a will?

Pretty much the above, can a minor with say, considerable earned assets of his own have a will made, and if not is there any alternative to a will that's possible for a minor?
2
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0answers
111 views

What is my liability for third-party content I host?

I live in Canada, but my servers are hosted by a third party in the United States. I run a forum-type website, so most content is provided by users. Do I have any liability for illegal content that ...
1
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2answers
237 views

Can a foreigner be charged for solicitation in another state?

if a foreigner who doesn’t live in the states, paid for prostitute services in new york 1 year ago and wasn’t caught or anything like that but if for some reason, the police found out about it somehow....
14
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2answers
4k views

What if police find a dead body during an illegal search?

Suppose police conduct an illegal search of a residence (no warrant, no consent, no probable cause) and find a dead body. There is plenty of evidence in plain sight that it was a murder and also ...
3
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1answer
626 views

Legality of scanning a site with SSLLabs SSL Server Test in order to find and report weaknesses

I am wanting to scan a site (which I do not own) to see if they are vulnerable to anything like Heartbleed or the POODLE attack, not because I want to exploit any such vulnerabilities for malicious ...
5
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2answers
388 views

Can a suspected thief see who called the police?

I recently lost my cell phone and then saw a Craigslist posting of a cell phone that looked similar to my cell phone with the exact same model and storage capacity and color, but its screen was ...
8
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2answers
348 views

How do I convince google to take down this page which contains people's leaked e-mails and passwords?

Out of curiousity, I googled my own e-mail to see what kind of results would show up. To my surprise, I found a website (blogger) that contained people's e-mails and leaked passwords for a service. ...
7
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2answers
1k views

Legality of using data obtained by hacking to make a blog post

As a data scientist, based in the UK, I am thinking about downloading the recently leaked Ashley Madison data, producing some interesting statistics (none of them incriminating), and using them to ...
1
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1answer
1k views

Copyright of passport pictures

Let's say Person1 takes camera pictures of the following items and releases them as public domain: The external cover of her own USA passport The external cover of the USA passport of a willing ...
2
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1answer
49 views

US Can public survey or experimental data be used in profit content if cited?

If I'm looking to build an app or write a book and I wish to use statistics, am I allowed to basically use their numbers as long as I cite where it is coming from? If I do make a profit from it, do I ...
6
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2answers
796 views

Can you go to jail for not paying taxes?

In what circumstances can you go to jail for not paying taxes in the US/UK? For instance the company doesn't pay taxes for very long time and government can't take any money from the company. Is it ...
3
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2answers
236 views

How does the exclusive right to public display apply, e.g., to t-shirts?

17 USC §106(5) says that the copyright holder of work holds the exclusive right to display the work publicly: (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, ...
2
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1answer
111 views

How to find where to serve process on a company with a non-unique name?

Suppose I transacted with a large business (perhaps a chain store or a hospital) that has a publicly-facing name "ABC", in the U.S. state in which I live, and wish to sue it for whatever reason. How ...
13
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2answers
5k views

Can one be prosecuted in the US for buying stolen goods if one was unaware that it was stolen?

I have a practical example question that this applies to, so I'd like to know the answer in general, but specifically how it applies here. Let's say I find something I'd like to buy on Craigslist, ...
3
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1answer
947 views

Using Paintings for Commercial Purposes

I am in the process of developing an IOS application that displays paintings as part of it, ranging from the Mona Lisa to Picasso to Bob Ross's landscapes (there are many others in between). This app ...
17
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1answer
1k views

Is there any way of having sex without risking jail in the United States?

I recently read a story about a 19 years old boy sentenced to jail and to be registered as a sex offender for 25 years for having sex with a 14 year old girl who lied about her age. The girl and her ...
2
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0answers
78 views

Accessing lab test results if younger than 18

Quest Diagnostics claims that "Lab test results are available to patients 18 years and older" in the written email that follows an account creation on their website. Why does Quest have that policy? ...
3
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4answers
616 views

The legal distinction between gambling and insurance [USA]

28 US Code §5362(1)(A) defines a bet or wager to be: the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to ...
6
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1answer
573 views

Can online gambling sites bias their games?

There's biases in gambling, such as the 0 on a roulette table, but that is arguably obvious to the player. Is it legal for online casinos to knowingly or unknowingly bias their games at a software ...
4
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1answer
96 views

Question about a ticket cost

Last week I was issued a ticket for "Operating Vehicle While Texting/Reading/Typing". It was a bs ticket since I had just pulled out of a parking lot and was merely plugging my phone in to charge it. ...
3
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1answer
5k views

Is it legal to include Apple emoji in a commercial printed book?

Could I sell a printed work, say a book, which included Apple's emoji characters? Also if I redrew them in the same style only for purposes of providing a higher resolution version of the emoji would ...
7
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2answers
7k views

Must the reason for a permanent ban for a paid online game be provided?

Suppose that a fully automated anti-cheat system (claimed by a company to be 99.99% accurate) wrongfully and permanently banned a player from a game that requires a one-time fee to begin playing, ...
15
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1answer
4k views

Is an implied physical threat via looming over someone legal?

Lets say that two individuals approach another person and start asking him questions or ask him to do something (for instance leave an area). They do not make any explicit verbal threats. However, ...

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