All Questions
2,835
questions
17
votes
1
answer
12k
views
What is a contract and what is required for them to be valid?
What is a contract?
What elements are required for validity?
- 198k
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?
user3851
7
votes
1
answer
4k
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? ...
44
votes
4
answers
20k
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 ...
- 625
6
votes
1
answer
1k
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 ...
- 43.9k
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,...
- 163
46
votes
2
answers
61k
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 ...
- 909
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 ...
- 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). ...
82
votes
4
answers
27k
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 ...
14
votes
1
answer
11k
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 ...
- 6,088
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?
- 43.9k
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 ...
user791
22
votes
3
answers
26k
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 ...
- 449
15
votes
3
answers
13k
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 ...
- 1,003
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 ...
- 101
4
votes
2
answers
7k
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"...
- 210k
23
votes
4
answers
8k
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 ...
- 8,206
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.
...
- 7,336
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 ...
- 339
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.
13
votes
9
answers
105k
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. ...
- 1,978
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 ...
- 486
13
votes
2
answers
868
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".
...
- 131
9
votes
1
answer
696
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 ...
- 12.1k
6
votes
2
answers
5k
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 ...
- 163
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 ...
- 295
3
votes
1
answer
239
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?...
- 198k
1
vote
2
answers
291
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 ...
- 95
35
votes
4
answers
7k
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 ...
- 402
30
votes
3
answers
129k
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 ...
user43
29
votes
4
answers
49k
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 ...
- 843
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 ...
- 21.7k
14
votes
3
answers
6k
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//, ...
- 291
14
votes
7
answers
227k
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 ...
- 5,419
9
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 ...
- 1,284
4
votes
2
answers
1k
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, ...
- 71
50
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 ...
- 1,057
33
votes
6
answers
13k
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:
...
- 21.7k
26
votes
3
answers
13k
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 ...
- 393
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 ...
- 333
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 ...
- 195k
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 ...
- 242
13
votes
1
answer
118k
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 ...
- 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 ...
- 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 ...
- 9,818
11
votes
5
answers
40k
views
Are you allowed to strike a person if they say you can?
It's my understanding if a person agrees to fight then it's legal. So if they say "hit me" does that mean it's legal for a person to hit them? What if they obviously mean it in a sarcastic way, or ...
- 357
8
votes
1
answer
3k
views
GDPR Compliance: Do all Cookies require Opt-In?
Given a Web Site which uses cookies for the following:
User Preferences
Bookmarked Articles
Cookie Preferences
what explicit permissions would be required from the user?
Here I anticipate the ...
- 213
8
votes
1
answer
942
views
In the United States, must state courts follow rulings by federal courts of appeals?
In the United States, must state courts follow rulings by federal courts of appeals?
- 43.9k
7
votes
4
answers
1k
views
Is it possible for a publicly accessible, personal blog to make use of the personal use exception of the GDPR?
The GDPR Article 2 defines the material scope the regulation. Article 2 (2)c states that this regulation does not apply to the processing of personal data:
by a natural person in the course of a ...
- 3,202