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16
votes
2answers
1k views

How is it constitutional to require defendants to pay for counsel?

In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence. (U.S. Constitution, Sixth Amendment.) The last Supreme Court ruling on this ...
2
votes
1answer
207 views

Exclusive sport fishing easement/profit with no dominant land: nature, alienation, apportionement, term and jurisdiction specifics?

This question is about easements, profits-à-prendre and fundamentals of Property Law.1 I. Suppose you have a riparian land owner (A). By a deed of exchange, they trade to someone (B) an exclusive ...
3
votes
1answer
1k views

UK - how are jurors replaced after having been dismissed?

In England, after a prospective juror has been rejected (say for cause), how is she or he replaced? I see from http://www.inbrief.co.uk/legal-system/jury-selection-process.htm# that The selected ...
9
votes
2answers
1k views

No right to a public defender

In a recent court case in NC, USA, the appeals court upheld that the trial court did not make a mistake in forcing a person to choose between counsel and testifying. Basically, the court appointed ...
6
votes
3answers
15k views

Is “dry-humping” considered rape?

Can fully-clothed dry-humping someone without consent count as rape? And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the US? Does it matter whether ...
1
vote
1answer
134 views

Leave pay - UK.

The company I worked for paid salary every 28th day of the month. This was my first job so I am uncertain about how much they would have to pay me after I left. I left on September 16th. Which means I ...
2
votes
1answer
131 views

Is the owner of a company responsible for people getting injured on their premises?

To frame my question: Someone I know, who is retired and over 70 years old, went to a new health center (baths, jacuzzis, etc.). The floor was very slippery, and had no warning signs or handles. They ...
2
votes
1answer
155 views

Copyright name of a book vs a fantasy wargame with miniatures

I wrote a book which I released in April, 2015. I've just discovered there's a pen/paper fantasy game similar to dungeons and dragons with the same name that was a kickstarter back in May 2014, which ...
2
votes
1answer
109 views

Can I claim damages for identity theft?

Someone opened a mortgage in my name, fraudulently. Can I stand to benefit from this?
3
votes
0answers
28 views

Online version of most up-to-date UCC?

Is there an online version of the most up to date Uniform Commercial Code? I'd prefer a free copy but would be happy with any electronic copy.
6
votes
1answer
211 views

Legal to treat customers differently based on where they live?

I work at a hotel in the United States (Georgia). Some of our rooms are pretty nice while others are in desperate need of maintenance, pest control, etc. The owner of the hotel regularly tells me not ...
20
votes
6answers
5k views

Prove my work is not a trade secret violation

I have recently developed a medical software application. One of my previous employers X (from 4 years ago) sells a similar application. (You can see where this is going.) X is now alleging that I ...
2
votes
0answers
34 views

Prove my work is not a trade secret violation [duplicate]

I have recently developed a medical application. One of my previous employers (from 4 years ago) also sells similar application. (You can see where it is going) I developed this application from ...
11
votes
2answers
65k views

Why do prisoners spend so long on death row?

In the USA, once appeals have been exhausted, why do prisoners spend so much time on death row? My personal opinions on death penalty aside, I would expect that once the sentence is final, it should ...
2
votes
1answer
401 views

Minecraft EULA Bypass

The Minecraft EULA forbids you from doing certain things. To run a Minecraft server, the well known server software force you to accept the EULA. But what if this bit of code was removed where you no ...
14
votes
6answers
1k views

Can one take BSD licensed code and distribute it under GPL?

Prompted by https://opensource.stackexchange.com/questions/304/can-i-take-bsd-licensed-code-and-distribute-it-under-gpl. The OP asks: Can I take code which is licensed under a permissive open ...
7
votes
2answers
2k views

How do I interpret a court judgement? What does it mean?

So I've figured out how to read a case citation and find the text of the judgement - maybe using some of the online resources. As a novice, I'm trying to decide when the judgement actually applies. ...
6
votes
2answers
323 views

What types of “discrimination” are illegal?

I once took a psychology course where the professor pointed out that the word "discrimination" can be more broad than the way it is generally used. For example, it can be considered discrimination ...
11
votes
4answers
7k views

Can a landlord refuse to give a receipt for rent payment?

Is it legal for a business to refuse to give you a receipt when you pay them? For example a property management company refused to give someone a receipt for rent because they had not yet signed a ...
2
votes
3answers
2k views

Subpoena vs Motion to Compel

Are there clear rules on when to use subpoenas for discovery as opposed to requests? E.g., is it correct that subpoenas are supposed to be served for discovery from third parties to a legal action, ...
3
votes
2answers
420 views

How should I conduct myself in a UK magistrate's court?

The background on this is that I sold my first motor vehicle to a scrap yard to be disassembled for parts and/or sold. Unfortunately for whatever reason the V5 form (official document providing proof ...
8
votes
1answer
635 views

Would it be legal to record only yourself on a phone call without the other party giving consent in California?

Let's say you're in California talking on the phone. Would it be legal to record just your part of the conversation without having approval from the other party? For example, could you set up a ...
6
votes
1answer
754 views

What's the status of the estate of someone that has been convicted of stealing, and ordered to pay restitution?

Mr. X has been convicted of stealing $1 million, sentenced and ordered to pay restitution. What is the status of his estate under the following scenarios: 1) Mr. X has spent all the money and is ...
1
vote
2answers
691 views

Outlook.com crawls links in my emails

I've recently discovered that when opening an email with a link in Outlook.com the link is being crawled by Microsoft. It seems to me that this is a severe breach of privacy – such links can ...
8
votes
3answers
831 views

Is it legal to record conversations with police?

If I am stopped by the police for questioning on the street, would I be within my rights to record the conversation on my phone to avoid any looseness with accounts of what was said on either side? ...
2
votes
1answer
245 views

What is the “area” of copyright claims and fair use of songs?

There are many lyrics videos and other audio visualizer videos using songs they clearly don't have ownership own. Many of these receive a copyright strike on Youtube and are subsequently taken down, ...
4
votes
1answer
822 views

Legality of Proxy sites and DMCA

I own a semi successful proxy website. It was created initially to assist co workers in the web hosting industry for troubleshooting propagation of new websites. Recently I have been receiving DMCA ...
2
votes
1answer
133 views

Analyze a YouTube video, show products from video?

If I wanted to analyze a YouTube video and display some products from the video would it be illegal? Is this fair use??
10
votes
2answers
3k views

R. v. Ojibway: impact of the “pony bird” on case law?

In Regina v. Ojibway (8 Criminal Law Quarterly 137 (1965-66)), a Canadian case, a member of the First Nations of Canada had relieved a wounded pony of his suffering by gunshot and was accused pursuant ...
4
votes
3answers
1k views

German Employment Law - Contractual penalties for not commencing a job

I have signed a contract with a German company, and one of the clauses says that if I am unable to start working for them, in the case of intentionally resigning, then they would charge me one month ...
5
votes
1answer
455 views

Would it be legal to drive/own an Sd.kfz 250 in Australia?

As the title suggests, I would like to know if it would be legal under Australian law, I am not too sure about the law and Halftracks. I would also like to add, this vehicle is capable of the speeds ...
3
votes
1answer
234 views

How can one start a class-action lawsuit? [closed]

My family member believes that DriveTest failed him unfairly and wrongly. He appealed to DriveTest and Ministry of Transportation, but they biasedly swear by the examiner's submissions, dismissed his ...
2
votes
1answer
53 views

Can I host free government or bank forms on my website?

If I host government forms or any other free forms on my website just for consolidation or ease-of-access, could I face any legal issues? I live in India.
3
votes
0answers
154 views

Should I Reinstate My Business In Order To Dissolve It?

I have an LLC (in New Jersey) that I created about 8 years ago purely for tax purposes. I was self-employed at the time, and I thought by having an LLC, I could write off a bunch of expenses, and save ...
5
votes
1answer
165 views

Can Warner/Chappell be sued to recover royalties paid to them for the 'Happy Birthday' song?

The District Court of California recently ruled that Warner/Chappell Music do not hold the rights to the 'Happy Birthday' song lyrics. Assuming that this is not overturned, and given that Warner/...
2
votes
0answers
48 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 ...
9
votes
2answers
2k views

Multi nationality couple, which nationality the baby would have?

How can I know which nationality would have a baby born from parents from different nationalities? The baby would have the nationality of the mother. The baby would have the nationality of the father....
4
votes
1answer
516 views

Does my company need an escrow license if we are a marketplace website?

We have a marketplace website that allows buyers to purchase content from sellers. We then pay out the seller's balance after 30 days. Our payment processor is requiring us to have an escrow license ...
3
votes
1answer
38 views

1099 income during severance period before unemployment

Let's say you are laid off with a month of severance. In the second week of the severance period, you take up a temp job hanging drywall or something like that, that pays you 1099 with no benefits, ...
1
vote
1answer
102 views

Does a foreigner need an official invitation to visit the United States as a tourist?

Does a foreigner (in this case a student from Ukraine) need an official invitation to visit the United States temporarily as a tourist (more specifically not as an immigrant)? Is there any way an ...
3
votes
2answers
7k views

Transcribing music and the legality of using musical transcription

I'm learning to play an instrument and I would like to transcribe the songs I heard for later practicing. I have some questions regarding transcribing music and the legality of using musical ...
-2
votes
1answer
45 views

French school of 16th century

I would like to know if you could help me define which school influenced this decision? A couple of Brazilians living in the United States had to appeal to the High Court of Justice of Brazil to ...
9
votes
1answer
690 views

Does copyrighted code protect intellectual property rights on novel algorithms it implements?

Imagine you have come up with a novel algorithm to solve a problem, and have implemented it in, e.g., javascript, and have put its src, along with an appropriate copyright, on a publicly available ...
5
votes
1answer
16k 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 ...
1
vote
1answer
99 views

Copyright for one 2D character

I'm having trouble understanding the copyright law when registering one 2D character. I understand that a 2D character is an illustration, so it falls under "Work of the Visual Arts." But I'm ...
17
votes
2answers
7k views

Can I sue Volkswagen for damage to my health?

Hypothetically, what legal standing would an individual who does not own a Volkswagen car have to sue Volkswagen for damage to health? As someone who suffers from respiratory issues, it seems that ...
1
vote
1answer
425 views

Proving relationship to deceased

My brother in law died recently, we had very little interaction with him in the past 4 year. He himself was a guy from countryside Lithuania and not a very technology educated. He lived for past four ...
1
vote
1answer
55 views

Mobile app Collects Children's Data

We are working on a medical app for children. (Of course parents will access the application.) Is it lawful to store children's health records on a webserver? My client says it's illegal; that we ...
2
votes
2answers
356 views

Who is Liable for the Satisfaction of the Mortgage Debt Pursuant to Deed of Gift when Grantor Dies - Estate of Grantor or Beneficiary?

In a situation where: John takes out a mortgage on a house at 55 Main Street by himself (i.e., only John appears on the mortgage). John puts Mike (one of his grandchildren) on a Deed of Gift for the ...
7
votes
1answer
144 views

Is “elektronische Post” (§ 5 Telemediengesetz) necessarily email?

§ 5 of the Telemediengesetz (German) lists what, for instance, website providers have to include in the typically called Impressum of the website. The second sentence of (1) is: Angaben, die eine ...

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