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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What books do you use to study general jurisprudence in US?

I'm a russian law student. I want to have a look on your ways of studying general jurisprudence. I mean the discipline, that includes topics on what law, rights and state are, their genesis, laws of ...
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Are SMS Spam Opt-in messages required for Third-Party Non-Marketing Texts?

I have a service where customers can purchase non-marketing SMS Text Messages that will be sent to their friend (customer provides the friend's phone number). Since these text messages have been ...
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517 views

Can I legally wear a facekini in US beaches?

Can I legally wear a facekini on beaches in the United States? I am asking as there are sometimes regulations that prevent individuals from wearing some types of clothes (e.g., anti-mask laws). I ...
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How comparable are the “Law School Legends” series of audiobook-on-CD to 1L and 2L lectures of the same course name?

In particular, I have in mind Freer's Civil Procedure title. It consists of about 10 hours or so. However, most of the syllabi I can find for Civil Procedure indicate 20+ scheduled classes for this ...
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138 views

Confirming Child Abuse

Confirming Child Abuse What is the minimum amount of evidence needed to legally verify child abuse (or neglect) is occurring, what parties "officially" confirm this, and is it only "officially" ...
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229 views

What does “being responsible for the abuse of that right” mean, and is this different from the first amendment?

The Declaration of the Rights of Man and of the Citizen states: The free communication of thoughts and opinions is one of man’s most precious rights. Every citizen may therefore speak, write and ...
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441 views

What is the difference between state and federal habeas corpus proceedings for convicted prisoners on death row?

I am told that, in the US, people sentenced to death by a state can apply to that state's court for habeas corpus and then, if that fails, apply to a federal court for habeas corpus again. I thought ...
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87 views

What counts as a do not call request?

Suppose the following exchanges: Telemarketer: Hello, I'm calling from Company X which sells Y. Call Recipient A: Sorry, I'm not interested. and Telemarketer: Hello, I'm calling ...
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115 views

Is it legal to register & participate in one state's caucus but vote in another state's election?

A friend of mine is a lifelong Colorado resident currently studying at the University of Minnesota. Until now, she has maintained her voter registration at her family home in Colorado and voted ...
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309 views

Can Canadians who are professional actors come to the U.S. for pleasure (non-work)?

My friend is a Canadian actress (who I also represent) and she was just wondering if it's possible that she can come to the U.S. like any other Canadian might for "pleasure" or the usual 6-month stay ...
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What kind of secrecy can be obtained by hiding an organization's EIN (tax number?)

I am a treasurer for an organization under a local high school in North Carolina, in the United States. The organization I am treasurer for is not registered with the IRS, but the school system is. ...
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Vandalism, or free speech?

I'm in Michigan. There are a few scenarios. I hang a sign by a string to a person's car I attach a sticker to the window of a car Using washable window paint, I draw on a car window. Are any of ...
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Where in the Protect America Act is it stated that the NSA can monitor all electronic communication?

There is a statement that I have heard floating around regarding the Protect America Act (2007) https://www.govtrack.us/congress/bills/110/s1927/text and the powers it grants to the NSA (National ...
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83 views

What is the origin of rule that expensive necessities are necessities for minors with proper socioeconomic status?

I have been searching in several US contract law textbooks and on the web and I am unable to find the answer to this question. As background, I understand minors (those under 18) generally have full ...
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37 views

US work authorization laws for non-resident aliens

Say I was offered a job by a US corporation, but I would remotely from a different country. Do I need some sort of work authorization or documentation before can I commence work? Will I be required to ...
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Does the prize in cereal violate the non edible restriction in foods?

In the US the FDA has a regulation that bans toys or trinkets embedded in candy. This let to banning the Kinder Surprise egg in the US Does this regulation also cover the prises in cereal? If not, ...
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Record of debates at the state level

Not sure it is the right place to ask this question. Feel free to migrate if appropriate. Suppose there is a piece of state legislation I am interested in. Is there an easy way to obtain a record of ...
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49 views

How do I determine if my injury is work-related? Next steps?

I live and work in Texas. I have had increasing neck and back issues since starting my job, and I recently visited a doctor to try and diagnose the issues. The doctor said that the injury is most ...
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52 views

Securities Law: Schedule 13G pursuant to Rule 13d-1(d) under Section 13(d)(6)(B)

Schedule 13G/Rule 13d-1(d)/Section 13(d)(6)(B) May an officer and director continue to file a Schedule 13G pursuant to Rule 13d-1(d), instead of a Schedule 13D, if (i) it has been more than 12 months ...
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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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107 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 ...
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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? ...
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51 views

Can I swap two IMEIs that I own?

I'm aware that cloning IMEIs and swapping them to bypass a blacklist is illegal, but can I legally swap the IMEI on two phones that I own? Both of these phones are "clean," meaning neither of them ...
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150 views

Is Texas Apartment Association an example of collusion?

I'm interested in the legal doctrine on why something like Texas Apartment Association is or is not considered collusion. The association provides its members with a comprehensive Rental ...
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190 views

Can you re-assign TAA lease without being liable for damages?

Texas Apartment Association (TAA) apartment lease contract has the following: 30. REPLACEMENTS AND SUBLETTING. Replacing a resident, subletting, or assignment is allowed only when we consent ...
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112 views

Do examples exist of a HOA covenants for water in a watershed?

I'm looking for any precedent examples that give shape to how HOA-like covenants (group ownership) work for a natural resource — specifically a watershed. Here are some concepts typical to HOA ...
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144 views

Landlord won't contact me regarding deposit

I recently moved from an apartment complex. Well past 30 days after my move-out we have received no contact from the property management of any sort. They had been provided phone, email and forwarding ...
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1answer
115 views

Can communication companies simply decline to record communication data?

I understand that companies that involve digital communications can, at least in the US, be forced to hand over communication data in specific contexts. But storing so much data must be highly ...
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44 views

Can/should a lawyer encourage technically true, but misleading, answers?

A lawyer cannot knowingly allow or encourage a defendant to commit perjury by lying on the stand. However, can they encourage a lie by omission? So for an example If I tell the police that I didn't ...
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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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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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75 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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Must a US cabinet member be notified of being fired?

If the US president decides to fire a member of the cabinet, does the president have to arrange for a notice of the firing be served upon the cabinet member? If so, who can serve such a notice?
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Has a pedestrian ever been fined for not wearing a mask in California?

California has a statewide mask order. However, I see people violating it all the time: pedestrians getting closer than 6 feet to each other while not wearing masks. (Occasionally, I also see people ...
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52 views

Breaking text message marketing “promise”

A business offers a signup on their website for a text club that will send recipients deals for the business. The signup promises "We'll only text you when there's a deal." But the texts ...
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77 views

Are there any laws around viewing the messages of the members of a site you own?

If I build a website that has a messaging feature between users, what laws are there governing my behavior as the owner of the website? That is to say, I am the sole moderator and database ...
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79 views

What protection against a perjury prosecution does a hostile witness have?

Smith is subpoenaed as a witness for the defense in a criminal case. The prosecution is allowed to treat the witness as hostile, and Smith is directed to limit his responses to yes and no. Assume that ...
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91 views

Lab provider says I owe them money, insurance company says I don't. Who is right?

tl/dr: My doctor told me some lab work would be fully covered, but the doctor didn't do the work themselves. They sent it off to a 3rd party lab service. Turns out that one particular test wasn't ...
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50 views

How can a 501(c)(3) nonprofit require “members” to pay “dues”?

United States here. Lots of 501(c)(3) organizations, such as the Boy Scouts of America, charge their members monthly and/or annual dues. My understanding was that the only nonprofits that can have &...
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69 views

Can someone force me to delete a particular email?

Let's look at the following scenario: institution X holds a webinar, and after it is finished sends a follow-up email to all the participants leaking their email addresses in the CC field of the email ...
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41 views

CPA leaked tax return details

A CPA that is supposedly working on my Tax application accidentally has uploaded some other people tax applications to my account on their "secured" platform. Now I am very worried that they ...
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48 views

Who owns a mineral deposit that spans across multiple properties

In the US, if a mineral (oil/gas) field/reserve is found and it spans across multiple private properties, how is the ownership of the product divided among these properties? (assuming owners have ...
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What's the shortest amount of time can someone wait on death row before execution?

I am a writer where in my spy-novel, a character faces execution in the US, most likely by Lethal Injection, however, there are people in the government that want to speed the date of execution up ...
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In the US, can telephone service providers ban people for using their services for primarily illegal activities?

Telecommunications providers, such as phone companies, are subject to universal service obligations by the Communications Act of 1934. Section 201(a) provides that: It shall be the duty of every ...
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60 views

What educational requirements (if any) are required to be a juror in the USA?

Searching online I found the following information: To be legally qualified for jury service, an individual must: ... be adequately proficient in English to satisfactorily complete the juror ...
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Can the supreme court enforce its rulings on the executive branch?

I've just read this article on Slate. In it, they describe how Trumps administration has ignored deadlines imposed by the U.S. District court, after losing a case to SCOTUS (I bolded the most relevant ...
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Why was the ABSCAM operation not considered entrapment?

In 1978, the FBI performed an undercover sting operation that resulted in the conviction of six US congressmen and one senator for accepting bribes. From what I've read, it seems like it was driven ...
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38 views

Would distributing a vocabulary list for a copyrighted work violate the copyright of the original work?

I am considering the scenario where a vocabulary list is produced for a movie or book through use of an automated program, perhaps with manual cleanup. I get the impression that the copyright status ...
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52 views

Can the Federal Protective Service make arrests without identification or in unmarked cars?

This week, a protestor who was part of the George Floyd protests in Portland, Oregon was arrested by federal agents who were without identification, and who put him into an unmarked van. Customs and ...
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What happens if a builder doesn't fully fix a problem, and then the home warranty runs out?

I (US citizen living in the US) have a home warranty on my property. This warranty, like all warranties, expires eventually. I have recently identified an issue that is covered by the warranty. What ...

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