All Questions

5
votes
1answer
622 views

Is it possible to legally prohibit someone from linking to specific pages on your website?

By linking I meant to give exact instructions about how to find a specific page on the site, for a user with enough privilege. It can be a URL, or a demonstration of where you should click, etc. The ...
16
votes
1answer
380 views

Liability for damages in the U.S. for finding and disclosing “0-day” computer exploit

In the IT/Programming security world, usually people contact the vendor/owner of a particular software if they find a bug or security vulnerability and give them time to patch it before releasing the ...
15
votes
1answer
1k views

What constitutes giving legal advice?

On sites such as this one, people are often concerned about non-lawyers "giving legal advice" or "practicing law without a license". What, exactly, constitutes such actions? I'm particularly ...
24
votes
1answer
2k views

Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?

Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location. If the ...
3
votes
1answer
113 views

Drinking and Driving

In the state of California, what is the limit of alcohol allowed in bloodstream to be prosecuted under drinking and driving case? And what are the procedures used for intoxication testing (other than ...
9
votes
3answers
787 views

How can a jury know about jury nullification? [closed]

It appears that jurors are not allowed to be told that they can ignore the law and thus use their right of jury nullification. https://en.wikipedia.org/wiki/Jury_nullification#Canada The contrary ...
2
votes
1answer
87 views

Implications with states that classify traffic infractions as misdemeanors

It appears that some states, for example, Wyoming, classify most traffic infractions as misdemeanors. Does it imply that someone who has committed a 5 mph speeding in such a state is technically a ...
1
vote
3answers
184 views

Can you pray for the opponent party to be sanctioned in California?

In California Superior Courts, what would be some common grounds to ask the judge to sanction the opponent party? Under what circumstances would such motions be granted, and how often do any such ...
4
votes
3answers
3k views

Who has the right of way at an intersection next to a parking lot in Canada?

Suppose you pull up to an intersection and you want to make a turn, but there's a parking lot next to you that feeds out onto the same street you're trying to turn onto, or you're trying to pull out ...
9
votes
1answer
723 views

Is it legal to download movies in Canada?

For years Canada has been known as a Pirates safe haven, but copyright in Canada has been going under huge reform for the past few years, and it's been hard to keep up with all the changes. With the ...
3
votes
0answers
78 views

How far does fair-use apply for a source that contains several critiqued resources?

As far as I'm aware, if you're writing an article on a movie (or something similar), you can use screenshots and such from the movie to illustrate your points under fair use law. Example: Under fair ...
4
votes
1answer
29 views

Earliest Law Review

In what year was the first student-edited law review published, and which institution was it published by? For this question consider a law review to be: "[a] periodic publication of most law ...
4
votes
2answers
87 views

How to handle an issue not covered by the renter's agreement? [closed]

Ideally, all possible scenarios are covered in the lease contract or rental agreement. Some things are not mentioned, however, and these can inevitably cause friction. What actions can be taken if ...
2
votes
1answer
57 views

Does SB-1341 prohibit educational research entirely?

The text of SB-1341 bill (just introduce to the US Senate) is available here. Summary As far as I understand it, if this bill were to pass, researchers would be unable to connect student-level data ...
11
votes
1answer
150 views

What happens if the Indonesian Constitutional Court rules in favor of an executed person?

Prior to the executions of drug smugglers in Indonesia earlier this year, Australian officials had pressed for a delay in the executions, due to a last-ditch appeal in the Constitutional Court of ...
23
votes
5answers
4k views

Is there a legal risk in giving emergency first aid?

There is a commonly held belief that an unqualified member of the public takes a legal risk in giving emergency first aid in case the patient dies or is injured as a result. This theory invariably ...
8
votes
3answers
124 views

In Pennsylvania is there more legal protection in forming a LLC as opposed to operating as sole proprietor?

In theory an LLC (Limited Liability Company) offers a level of protection for the owner if being sued. I want to buy houses and rent them out, I have some fear of being sued by tenants in the ...
5
votes
2answers
961 views

Does “furtherance of a crime” exception to attorney–client privilege apply if the attorney is unsure?

If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is unsure whether the crime is ...
10
votes
1answer
2k views

The difference between libel and slander

I've heard people use the terms libel and slander interchangeably, but I know that they are different in the eyes of the law. What are the defining characteristics of each?
9
votes
3answers
937 views

What is stare decisis?

I know in general that stare decisis effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it ...
9
votes
3answers
563 views

Impact of loser pays vs American rule

The rationale for the American rule, as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the ...
22
votes
2answers
1k views

Are there any remedies for abusive or insulting behavior by agents executing a search warrant?

Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up ...
6
votes
1answer
251 views

How is “defamation” defined?

I have a recollection that late in the 20th century in the United States, A called B a "bastard." B sued A for defamation. The court ruled in favor of the defendant. Its first observation was that (...
8
votes
3answers
760 views

Challenging jurors for cause based on beliefs in jury nullification

In the United States, is belief in jury nullification generally a valid reason to challenge a jury for cause?
7
votes
1answer
420 views

Does the gavel have a legal significance, or is it purely ceremonial?

Judges in US courtrooms famously use a gavel at appropriately dramatic points in a trial. If a judge fails to use a gavel, or uses it at the wrong moment, is this legally significant? Or is the ...
8
votes
2answers
573 views

Is an English will valid if the testator dies while living in Scotland?

If a testator makes a will while living in England, to what extent will it be valid if the testator— permanently moves to Scotland, and subsequently dies there without making a further will?
8
votes
1answer
7k views

What are the differences between “Malum In Se” and “Malum Prohibitum” Laws

"Malum In Se" and "Malum Prohibitum" are Latin phrases, but beyond their translations what differences do they carry with them in describing laws? Malum In Se meaning "That which is wrong in itself" ...
14
votes
2answers
1k views

Using international waters to provide illicit activities near a country

Let's assume I have a ship flagged in a country where certain activities are legal but are not in most of other countries (like, for instance, drug use or prostitution are in Netherlands). Let's ...
28
votes
2answers
1k views

What is jury nullification?

What is jury nullification and what are its origins and history? What actions by a juror would be considered nullification?
5
votes
1answer
192 views

Does the WTFPL legally disclaim warranties?

Say I make software and release it under the WTFPL. Then, someone uses it and it causes their computer to catch fire. I did not design my program to catch their computer on fire, and in fact it might ...
6
votes
1answer
102 views

Representing your own case

Are there any prerequisites to represent one's own case before a jury? Specific answer targeting Indian Law would be appreciated.
10
votes
2answers
2k views

What is the difference between “murder”, “manslaughter” and “homicide”?

Do "murder", "manslaughter" and "homicide" have different legal definitions? Or are they just terms referring to the same act used in different jurisdictions?
9
votes
2answers
263 views

Under what circumstances do you need a business license?

Specifically, what does it mean to be "operating a business"? I started an LLC in Delaware, but write software to power my company from my home and while I travel across the country. Do I need to get ...
9
votes
1answer
202 views

Can the UN Security Council authorize states to violate international humanitarian law?

Chapter 7 to the United Nations charter gives the Security Council (UNSC) the power to authorize states to use force in some particular case (for example, in the first gulf war the UNSC authorized the ...
13
votes
2answers
2k views

Is there any difference in meaning between the Boost and MIT software licenses?

MIT The MIT License (MIT) Copyright (c) <year> <copyright holders> Permission is hereby granted, free of charge, to any person obtaining a copy of this software and ...
5
votes
2answers
164 views

Marital Rape as Defined by Indian Law

According to 1860 Indian Penal Code: "Sexual intercourse by a man with his own wife is not rape." What are the possible exceptions to this law that would allow for a husband to be prosecuted for ...
7
votes
2answers
33 views

Intra-community civil actions in the EU

'A' (in an EU member state) contracts with 'B' (in another member state) who then breaches the contract. Can 'A' sue 'B' under some harmonised community-wide procedure? If not, in which state does 'A'...
14
votes
1answer
1k views

Can a spyware or a virus act legally with EULA?

Lets think there is a virus that acts like a software. Its acting like a regular software. It's installation is visible to user and again like a regular software, it asks user to accept its End-user ...
9
votes
1answer
462 views

Does a boilerplate legal disclaimer protect authors of content on a website?

Specifically, if the website itself has legal disclaimers to protect itself from litigation arising from legal advice provided on it, would a similar disclaimer claiming to disclaim authors of content ...
12
votes
5answers
115k views

What laws are there regarding being pulled over by an unmarked cop car/undercover cop?

Although this has never happened to me, I've read and heard about people driving on the road and then being signaled (in some way, usually with reds and blues) to pull over for a ticket and the car ...
11
votes
1answer
614 views

What rights do foreigners have when the CBP wants to search their laptop?

Since laptop and other electronic device seizures at US borders became legal without a warrant (including making copies of data), 7% of ACTE's business travelers reported being subject to a seizure as ...
3
votes
1answer
70 views

When has Judicial Review not been the process used to deem an act unconstitutional?

Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?
6
votes
4answers
216 views

In the past, how did lawyers learn the academic side of law?

In the past, I have read that lawyers simply 'read law' on their own or in an office, before passing the legal (bar) exam. But if they only indentured and never went to law school, then how did they ...
5
votes
3answers
267 views

How to self-learn law today, like those lawyers in the past who never went to law school?

One can simply read law textbooks and judgements of legal cases, but what else?
3
votes
0answers
51 views

When should one represent oneself in court? [closed]

I recognise these adages: "a pro se defense is usually a bad defense." and "A man who is his own lawyer has a fool for his client". However, some pro se defenses have succeeded, such as the ...
2
votes
1answer
61 views

UK: Public Access Barrister vs Solicitor

The PDF entitled 'Public Access Guidance for Lay Clients' (from the Bar Standards Board) compares and contrasts Public Access Barristers (abbreviated as AB) and Solicitors. Two key differences are the ...
20
votes
3answers
854 views

Is there a legal reason why fictional shows use imitation brand names?

Often, when I watch TV shows, I'll see or hear about an imitation of a real brand name. As an example, here is a parody of Walmart from The Simpsons The store in the picture is unambiguously ...
10
votes
1answer
3k views

Does a black belt have to tell the police that he/she is a black belt

Someone I knew told me that if a black belt in martial arts is pulled over, he/she has to tell the police that he/she is a black belt because he/she is a deadly weapon. I told him that I didn't ...
36
votes
2answers
4k views

If the police search my vehicle or house without my consent, and they don't find anything, what recourse is there?

I understand that if the police perform an illegal search, then any evidence found during that search will be excluded from a trial, but what if they didn't find any evidence? If the police do an ...
5
votes
1answer
174 views

How does changing a name protect against a libel suit when “everyone” knows who he is?

In the movie, "Moneyball," the name of Billy Beane's assistant was fictionalized to "Peter Brand." Yet anyone who has read Michael Lewis' book knows that his real name was Paul dePodesta. Mr. ...

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