All Questions
2,835
questions
6
votes
1
answer
6k
views
Can the US president be charged of crime such as murder while in office?
If the US president commits murder during his vacation as an unofficial action during his presidential term, can he be charged with a crime in court (i.e., in the judiciary branch) before he steps ...
4
votes
1
answer
733
views
Is it legal to post a photograph that I captured of a stranger in the street?
I captured a photograph in the street.
The photograph includes people who I don't know.
There is nothing in the photograph that I believe can offend anybody (e.g. no nude or illegal act).
I just ...
4
votes
1
answer
189
views
What is the practical difference between "fair use" and "fair dealing" in Copyright law?
In the united-states, fair-use is a defence to copyright infringement.
In other jurisdictions, particularly members or ex-members of the British Commonwealth such as united-kingdom and australia ...
4
votes
1
answer
363
views
Are there any laws on copyrighted material, preventing them from being translated?
I am an aspiring translator and hoping to go to university within the next two years. Part of going to university tends to include work experience in the section you wish to work in. Due to my ...
2
votes
1
answer
1k
views
Would what happened in South Park (human centipede) be legal?
There's an episode of South Park where buried in the terms and agreement of iTunes, you agreed that Apple could forcibly make you into a human centipede. See:
In the real world could this happen? ...
1
vote
2
answers
2k
views
How different does something have to be so it doesn't infringe on a copyright?
I'm an engineer and I wanted to make a toy for my 3 year old daughter for Christmas. She loves Little Einsteins but since that was 12 years ago, they don't really make many of the toys anymore. Any ...
0
votes
1
answer
288
views
Does the U.S. Fifth Amendment prevent one from being tried again for the same crime?
I have a question about the Fifth Amendment.
Imagine I committed a crime but I was acquitted at trial. After some time, some new evidence came up showing that I did do it. Does the Fifth Amendment say ...
48
votes
8
answers
33k
views
How is it possible for millions to use pirated software at home and never get arrested?
It's not like talking about using weeds that you tell your friends about but you don't go in public shouting about it. Instead people go to online forums sometimes posting with their real names- ...
38
votes
2
answers
11k
views
USA: Is "I am not a lawyer" disclaimer generally necessary?
Is it legally necessary to disclaim "I am not a lawyer" when engaging in casual conversation, writing Internet posts, etc. to avoid civil or criminal liability for one's comments? Specifically, in ...
30
votes
3
answers
12k
views
Why does the victim have to press charges?
Case in point that was in the news:
"BART identifies man in viral video of racist attack on train", East Bay Times
A California man attacked a stranger while expressing his hatred of the victim's ...
30
votes
5
answers
18k
views
Am I allowed to kill a person threatening me? CA, USA
You are riding a public transit train and out of nowhere a man with blue jeans takes out a P99 semiautomatic pistol and takes the passengers hostage. Luckily you have a knife on you. But you don't ...
27
votes
2
answers
27k
views
How to satisfy GDPR's consent requirement for IP logging?
Countless websites are served by webserver software (Apache, nginx, etc.) which logs the source IP address of every web page visit. The GDPR considers an IP address "personal data" that is subject to ...
23
votes
2
answers
3k
views
If other party notified me that phone conversation is being recorded, do I need to tell them if I am also recording it?
When I call, for example, AT&T or any other company, then before they pick up the phone they sometimes give me a notice that the phone conversation could be recorded for training or other purposes....
20
votes
1
answer
5k
views
In California, if a baseball lands in my yard, is it legally mine?
Say some neighborhood kid was playing baseball and accidentally hit the ball into my yard. Theoretically, if I own the house or my lease permits, I have the right to control access to my yard and, ...
16
votes
1
answer
36k
views
When can an NDA be legally broken?
This question is purely theoretical, I promise.
Let's say a person signed a Non-Disclosure agreement under certain terms, and then, somehow, they witnessed an illegal act but were forbidden to report ...
15
votes
6
answers
56k
views
As a US citizen, what law requires me to pay income tax?
I've found content (especially from Irwin Schiff) that says there's no law requiring US citizens to pay income tax. Other sources claim that income tax is mandatory.
If there really is no law ...
12
votes
1
answer
37k
views
Is it legal to sell something that uses another product as one of its ingredients?
In example:
If someone sells homemade ice cream where they have crumbled oreos and mixed in to make homemade Oreo ice cream, but generically named "Cookies & Cream"
or
If someone uses Great ...
11
votes
3
answers
12k
views
When is it illegal to lie?
It occurred to me the other day that (in America) I could write book claiming that soda cures cancer, and there would be no legal consequence to that—free speech. But if I sold soda and claimed that ...
9
votes
1
answer
31k
views
Getting the neighbor kids off my lawn?
We've had 4 sets of neighbors kids grow up around us with no issue. Nice kids, nice parents, etc.
The latest family has two young boys who like to camp out on my lawn and in my garden. I'm aware of ...
9
votes
2
answers
2k
views
Can you plead the 5th in a civil case?
There seems to be the idea that the right not to self-incriminate does not apply to civil cases. Is that true?
9
votes
2
answers
5k
views
Is it necessary to state in a contract that if one part is found unenforceable, the rest still is?
I've seen in some contracts clauses stating something like
If a term or condition is found to be unenforceable, the rest of the contract still remains in affect.
Is this necessary? Unless ...
8
votes
2
answers
2k
views
How can "factual" intellectual property be protected?
As noted in this answer:
Facts and information cannot be copyrighted. Just because a work is
copyrighted, doesn't mean every part of that work is copyrighted, and
factual information conveyed ...
8
votes
2
answers
661
views
Where can I find a comprehensive document of computer laws?
I am interested in computers and want to pursue this interest further by getting my education in programming and security. I've only just started so I'm scared that I might break some law that was not ...
7
votes
5
answers
37k
views
Is creating and selling "cheats" or "hacks" for games illegal?
I sell game hacks for a living, but wanted to learn more about the laws regarding what I do.
Most of you probably haven't heard of this, but there are people like me who reverse engineer games, and ...
7
votes
2
answers
947
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 ...
6
votes
1
answer
957
views
How legal is offering abandonware for download?
A quick background to my project (it's essential to the question, as you'll see later): My project offers a multiplayer server platform for server listings for a game (Crysis Wars), allowing players ...
6
votes
5
answers
7k
views
Can you pay a restaurant bill in pennies?
Say you eat at a restaurant, and after you are finished, the waiter brings you your bill.
Is the restaurant legally obligated to accept pennies as payment regardless of the amount?
(Of course, I ...
5
votes
1
answer
453
views
Is OCRed text automatically copyright?
If someone puts out an OCR of a scan of a Public Domain work, is that OCR under copyright? On one hand, one may consider that "creative work", on the other hand, the "creative work" (the resultant ...
5
votes
1
answer
10k
views
Guidelines to claim right to use physical force as self defense?
I was wondering what constitutes a provocation to which it is justifiable to use force as self defense. For example, if someone came a slapped you on the face but did not proceed hitting you (at which ...
4
votes
3
answers
4k
views
Do you have to follow all the orders a police officer gives?
Saw a video on YouTube where a woman is being filmed in Walmart.
From what I understood, she was being accused of shoplifting (I guess rolled the cart beyond the registers without paying?), and then ...
3
votes
1
answer
1k
views
After purchasing an item, then being issued a refund the item then arrived
I purchased an item at distance (in this case online), this item did not arrive until 2 weeks after the end of the delivery window. Towards the end of that 2 week period the seller was kind enough to ...
3
votes
1
answer
545
views
Does contract formation require subjective "meeting of the minds"?
For a contract to be formed, it is said there must be a "meeting of the minds." Does this mean that the fact-finder attempts to ascertain the actual subjective intentions and understanding ...
1
vote
1
answer
336
views
Is it legal to sell stock market predictions online?
Suppose that a developer has built an AI which predicts the day's closing price given the stock's history and current open price, and has also built a website around it, on which such predictions are ...
1
vote
1
answer
184
views
Indepdendent/Contractor vs Regular Employee
I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...
-4
votes
2
answers
532
views
Why do some laws make saying "Heil Hitler" illegal when other laws allow freedom of political speach?
In the German Federal Republic is illegal to say "Heil Hitler" which is basically a restriction of laws relating to one's freedom of opinion, freedom of speach and political freedom.
Why ...
69
votes
2
answers
53k
views
Why are lawyers typically excluded from juries?
At least in the United States practicing lawyers are called to serve on juries. But my understanding is at least one side will always remove them before trial. Why would it always be the case that ...
62
votes
6
answers
80k
views
What power do I have as a driver if my interstate route is blocked by a protest?
I recently read about protests blocking an interstate. I feel like ethically no one no (non-police) citizen has the right to obstruct my travel (on a public interstate for the sake of protest), ...
53
votes
3
answers
8k
views
How does the mandate to report income from illegal activities in the US jibe with the Fifth Amendment?
Al Capone was famously taken down for tax evasion for not reporting income from his illegal activities. If someone were to report the income from illegal activities like a marijuana dispensary or a ...
50
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 ...
41
votes
4
answers
21k
views
Is it true that men are forced to pay child support for children they didn't consent to have?
According to many in the men's rights movement, a woman who, in any way, gets pregnant from a man will be able to get child support from him, which in most states is proportional to a man's wealth.
...
40
votes
2
answers
7k
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 ...
37
votes
3
answers
36k
views
Can women also go shirtless in public legally?
Do women have the same rights as men to walk on the beach or sidewalk topless where men are also walking bare-chested without being discriminated against? If a woman is arrested or asked to leave by ...
36
votes
7
answers
17k
views
What if a restaurant suddenly cannot accept credit cards, and the customer has no cash?
If a restaurant normally accepts credit cards, and a customer eats a meal there, then tries to pay with his valid credit card, and the cashier says the credit card system is down and they can only ...
30
votes
3
answers
6k
views
Do disclaimers need to be capitalized?
Are disclaimers of warranty, liability, and the like legally required to be in all-caps? For example, the "disclaimer of warranty" section from the GNU GPL:
THERE IS NO WARRANTY FOR THE PROGRAM, TO ...
25
votes
1
answer
3k
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 ...
24
votes
2
answers
3k
views
Does volunteer photographer own copyright?
An amateur photographer at a scenic rest stop sees a couple trying to compose a decent photo of themselves with the beautiful river in the background. This happens so often that as he approaches ...
24
votes
3
answers
4k
views
When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?
We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by ...
24
votes
3
answers
31k
views
Is downloading YouTube videos legal?
I've always been under the assumption that doing such was illegal. I don't see any difference between downloading music from YouTube and downloading music from The Pirate Bay.
Apparently, there is ...
23
votes
4
answers
5k
views
In the USA, can treason be protected by the First Amendment?
Mildred Gillars was convicted of treason September 10, 1948. As I understand it, first Amendment protects unpopular speech, but is confined and not unlimited. The classic example is that one can not ...
19
votes
4
answers
11k
views
At what point does refusal to report a crime make one an accomplice to a crime?
This is a question out of curiosity only, indirectly inspired by my last question post. I'm wondering at what point not reporting a crime is itself a crime.
I know that if someone happens to witness ...