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17 votes
1 answer
13k views

What is a contract and what is required for them to be valid?

What is a contract? What elements are required for validity?
Dale M's user avatar
  • 211k
13 votes
1 answer
3k views

In the US, when is fair use a defense to copyright infringement?

What is fair use in the US? When would it be a successful defense to copyright infringement?
user avatar
7 votes
1 answer
5k views

Is this copyright infringement? Is it fair use? What if I don't make any money off it?

If someone were hypothetically working on a project that required them to incorporate copies of a copyrighted work (music, movies, books, etc.), how would they know if it would be considered fair use? ...
8 votes
1 answer
2k views

How do you prove a fact at issue in litigation?

Many questions on this site ask some variant of the question: "how does one prove something in court?" Paraphrasing a few: How do you prove that someone forged your signature? How do you ...
Jen's user avatar
  • 56.9k
45 votes
4 answers
21k views

What are the legal repercussions of taking a stranger's picture in public?

With Snapchat and Instagram it is all too easy to abuse picture taking and really inexpensive to snap a photo of an unknowing stranger. If you are in public and will only post pictures online without ...
Script Kitty's user avatar
32 votes
3 answers
131k views

Is it illegal to throw away the previous tenant's mail?

Say I move into an apartment. And over the next months and years, I keep receiving mail for the previous tenant, whom I do not know. This is understandably annoying. The easiest and most convenient ...
user avatar
6 votes
3 answers
1k views

Can the Developer of a Program be penalized if it is used illegally?

If a developer writes a program, for example a password cracker or a code decipher, and it is used illegally, will the developer or the user get punished? A password cracker could be used, for example,...
APCoding's user avatar
  • 163
46 votes
2 answers
64k views

Can I sue a restaurant for serving me meat in vegetarian dish?

I am a vegetarian for religious reasons. I was at Chipotle on Saturday and ordered a sofritas rice bowl which is "vegan approved". To my surprise, I found a chunk of chicken in my bowl when I was ...
user559788's user avatar
85 votes
4 answers
28k views

How can you tell if you have to follow a police officer's instructions?

If a police officer gives me an order, how can I tell whether or not I'm legally obligated to follow that order? If I ask the officer, is he/she required by law to answer truthfully? If the police ...
Sam I am says Reinstate Monica's user avatar
16 votes
2 answers
3k views

Can you be accused of hotlinking/copyright violation if you use an iframe?

Can you be accused of hotlinking or copyright infringement if you use an iframe (web element) of another website? Can you be sued for this if the website doesn't prevent iframe using and doesn't ...
j. doe's user avatar
  • 163
5 votes
2 answers
2k views

Are terms of service legal contracts?

Are ToS considered contracts in and of themselves, enforceable under contract/civil law? Generally I'm talking about the Common Law systems in the major regions (UK, North America and Oceania). ...
Terms of Endearment's user avatar
24 votes
3 answers
28k views

In the USA, do parents have the right to control their children's possessions?

Let's say a minor (17 or younger) living with his parents gets a job or does chores, and with the money thereby earned, buys a video game console. The parents decide that the console is not ...
ErikE's user avatar
  • 489
17 votes
3 answers
7k views

Why are there so many YouTube to MP4 and MP3 download websites online when it is illegal?

If it is illegal to download videos and audios from YouTube due to copyright reasons, why are there so many YouTube to MP4 and MP3 download websites online? For example, https://freevideotomp3.com/, ...
PedroD's user avatar
  • 321
15 votes
10 answers
115k views

What does a lawyer do if they know for absolute certain that their client is guilty?

Say that a person is accused of committing a crime, they either hire a lawyer or have one appointed to them. Some time later, the lawyer learns that their client most certainly committed the crime. ...
Thunderforge's user avatar
  • 2,018
14 votes
1 answer
12k 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 ...
Pat W.'s user avatar
  • 6,114
9 votes
2 answers
1k views

What are "equity" and "equitable remedies"?

What is equity and/or an equitable remedy? How does it relate to the common law?
Jen's user avatar
  • 56.9k
7 votes
2 answers
4k views

What is considered "public" in the context of taking videos or audio recordings?

According to the answers in this question it's legal to photograph someone in public without their consent. I'm assuming the answers still hold true for video or audio recording (such as what can be ...
user avatar
38 votes
6 answers
8k 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 ...
Mario Trucco's user avatar
16 votes
3 answers
14k views

Facebook vs GDPR - Private Messages I sent to others will never be deleted/erased from Facebook servers

I asked this question to Facebook: I would like to know how can I permanently delete private messages from both sides of the conversation. For example, conversations I had in the past with ...
Nuno's user avatar
  • 1,033
10 votes
3 answers
2k views

Is it infringement to give a link to a copyrighted file?

Does posting a link to a copyrighted file, such that accessing the linked file would constitute infringement, but where the file itself is not on my servers, constitute any sort of crime or ...
anonymous's user avatar
  • 101
4 votes
2 answers
8k views

Can you take back a gift?

Suppose that I unconditionally and unambiguously give a person a thing such as a necklace with a moderate value (say $1000): I hand it to them and say "Here, you can have this, I don't need it anymore"...
user6726's user avatar
  • 215k
24 votes
4 answers
9k views

Can a US citizen be required to provide the authentication key for encrypted data on a confiscated computer?

I'm asking this for the sake of a story I was considering writing. Assume that someone has a computer, and within that computer he has some encrypted data. He is accused of a crime and the police ...
dsollen's user avatar
  • 8,470
17 votes
4 answers
2k views

Which jurisdiction applies to copyright violations on the internet?

A person residing in country A takes a work by an artist in country B and puts it onto a website they own but which is hosted in country C which is intended for an audience of people in country D. ...
Philipp's user avatar
  • 7,364
16 votes
6 answers
3k views

Does a boilerplate "This email is private" message have any legal force?

I get quite a few email messages with text like: IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed, and may contain ...
Kodiologist's user avatar
14 votes
2 answers
3k views

Can President of the United States pardon himself if convicted of treason or some other wrong doing?

I wanted to know whether the POTUS could pardon himself if he/she is criminally charged with treason or some other wrong doing.
Aashish Loknath Panigrahi's user avatar
13 votes
2 answers
2k views

How can I legally protect my website from users who upload copyrighted material?

I have a small website that hosts content in the form of text from registered users. The content can be described more specifically as short novels, essays and other personal work. How do I protect ...
Dakter's user avatar
  • 486
13 votes
2 answers
894 views

How exactly does civil asset forfeiture work in the United States?

Civil asset forfeiture is a concept that frequently crops up in the news, e.g. the recent Washington Post article "Drug cops took a college kid’s savings and now 13 police departments want a cut". ...
user516's user avatar
  • 131
9 votes
1 answer
736 views

How do laws affect photography of non-humans in public when people may be in the frame?

Given that this is taking place in a public area where one would not have an expectation of privacy, what legal restrictions exist on photography of people where they are not the subject of the ...
jimsug's user avatar
  • 12.2k
6 votes
2 answers
6k views

Can a store sell merchandise I've left in the store?

If I purchase merchandise in a physical store, and then (accidentally or not) leave the merchandise at the store after I've paid for it, is the store allowed to resell that merchandise to another ...
Steven Schobert's user avatar
6 votes
2 answers
13k views

Are NDA's that include illegal activity legally binding?

With the recent outpouring of sexual assault allegations, I've been hearing the phrase "Non-disclosure agreement," thrown around quite frequently. Suppose a woman is sexually assaulted at work, and ...
mcchucklezz's user avatar
3 votes
1 answer
251 views

What effect does an event like the current Covid-19 pandemic have on contractural obligations?

Across the world, the current pandemic, and various government responses to it will impact on parties abilities to perform their obligations under a contract. What are the legal implications of this?...
Dale M's user avatar
  • 211k
1 vote
2 answers
413 views

Does Fair Use of copyright apply to educational youtube channels?

I'm not an official school and I'm not registered or related to any university or any governmental education system. It's only an educational channel on Youtube that aims to teach Arabic. According to ...
user2824371's user avatar
29 votes
4 answers
53k views

If someone steals something of mine, is it legal to steal it back?

Let's say someone steals my phone. I use tracking tools to figure out where it is, then call it to make it ring (so I know it is my phone and not just someone else's with the same model). If I take ...
Jon's user avatar
  • 853
25 votes
2 answers
3k 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 ...
feetwet's user avatar
  • 21.8k
14 votes
7 answers
231k views

Do you need a driver's license to travel in the U.S.?

In the U.S., the law that governs motor vehicles is the National Traffic and Motor Vehicle Safety Act. But according to the Constitution; Freedom of movement under United States law is governed ...
Digital fire's user avatar
  • 5,489
10 votes
2 answers
5k views

Can killing be "self-defense" if you are committing a crime yourself?

Kyle Rittenhouse has been charged with murder. I believe that the facts of the incident are not in dispute, because of ample video evidence: Rittenhouse was attacked, tried to escape, and when he ...
MWB's user avatar
  • 1,294
9 votes
2 answers
3k views

Is self-defense allowed when there are objectively reasonable grounds but it is actually done subjectively for improper reasons?

Suppose that someone uses deadly self-defense in circumstances when it would have been objectively reasonable to do so (e.g., someone has a gun pointed at you and has threatened to shoot). But, the ...
ohwilleke's user avatar
  • 218k
9 votes
2 answers
1k views

Performing music in public

I am a musician. I want to perform music. How do I do this without being sued into oblivion? I am particularly interested in UK law. As I understand it, a specific sound recording (of anything) is ...
MathematicalOrchid's user avatar
4 votes
2 answers
2k views

What is considered a derivative work?

US Copyright law defines "derivative work": A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, ...
Thunderweb's user avatar
2 votes
3 answers
3k views

Can a true statement be defamatory?

Can a true statement be "defamatory"? I know that truth is a defence to a defamation action, in that no liability will generally result if what you have communicated is true, but is it ...
Jen's user avatar
  • 56.9k
51 votes
3 answers
18k views

What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?

In the fourteenth amendment, what does the phrase “and subject to the jurisdiction thereof” contribute? What people born in the United States would not have been subject to the jurisdiction of the ...
adam.baker's user avatar
  • 1,225
51 votes
4 answers
13k views

Course of action in a criminal case when there is no conceivable defense

I am not a lawyer or a law student; my work is in mathematics, but I like to learn about criminal law as a hobby. I have spent some time googling and searching to find an answer to my question but ...
Prince M's user avatar
  • 662
33 votes
6 answers
14k views

Can I booby-trap my property against police?

Inspired by this question: Suppose I'm paranoid (perhaps justifiably) that law enforcement personnel might conduct a warranted raid of my property. So I setup booby-traps that are designed to either: ...
feetwet's user avatar
  • 21.8k
26 votes
3 answers
14k views

Am I legally able to use lethal force against a police officer in defense of another?

Hypothetically, let's say I come across a police officer about to discharge his firearm at a person laying face down on the ground, hands in my clear view, clearly (to me) unarmed and apparently ...
thunderblaster's user avatar
18 votes
4 answers
5k views

Can someone more wealthy than me bury me in legal fees?

USA Federal Law - I have a company worth about $6m. I got on the bad side of a person with a company worth well over $750m (with attorneys on staff). The CEO threatened to bury me in an endless sea ...
Albert Renshaw's user avatar
15 votes
1 answer
7k views

How far does the fruit of the poisonous tree doctrine extend?

Suppose that an individual has been arrested, multiple times, for possession of controlled substances (i.e. illegal drugs), but has managed to get the charges dropped or dismissed by a court after a ...
ohwilleke's user avatar
  • 218k
14 votes
4 answers
1k views

What is the legal mechanism by which the GDPR might apply to a business with no presence in the EU?

My family has a small side business selling some things through the internet. As far as I know, we aren't likely to have any customers who are EU citizens, but it's certainly not outside the realm of ...
Ben Collins's user avatar
13 votes
1 answer
119k views

UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

In the United Kingdom: Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant? Is it possible to use such recording as an evidence in court or ...
unknown's user avatar
  • 139
11 votes
3 answers
2k views

Is a randomly-generated book a violation of copyright?

Let's say I create a computer program that randomly chooses words and records them. Now, this generator spits out an exact word-for-word copy of a non-public-domain book. If I publish this (without ...
Kaz Wolfe's user avatar
  • 299
11 votes
3 answers
11k views

Can "Double Jeopardy" be a loophole for murder?

Hypothetical facts: A is tried and acquitted for the murder of B. B was only presumed dead but was actually alive. After being acquitted for Bs murder, A actually murders B. A is later arrested and ...
Alexanne Senger's user avatar

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