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12
votes
2answers
5k views

Legal standing for a Police Officer to force you out of a private vehicle

Lets say you're sitting in a fast-food parking lot eating the food you just purchased from the establishment. Your windows are rolled up and the vehicle is turned off. A police officer pulls into the ...
11
votes
2answers
3k views

Lawyer made a key decision without consulting me. Is this normal?

While this case is happening to a relative of mine rather than myself, I will speak in first person for the sake of simplicity. I had a medical procedure performed by a licensed doctor (Dr. A). This ...
10
votes
3answers
366 views

Why obtain two first degrees in law, when one suffices?

(TL;DR - Summary) Why study 2 first professional degrees in law? I know firsthand that a first degree in law from Canada, US, UK, or Oceania qualifies for postgraduate law programs (eg LLM) in these ...
14
votes
1answer
405 views

What does “actual knowledge” mean in the context of DMCA safe harbors?

According to 17 U.S. Code § 512 - Limitations on liability relating to material online (emphasis mine): A service provider shall not be liable for monetary relief, or, except as provided in ...
11
votes
2answers
303 views

How do I read a U.S. case citation and find the text of the opinion?

In something like this: "We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place." Brown v. Bd. of Educ., 347 U.S. 483, 495 (1954)". What is that ...
7
votes
3answers
3k views

Is my title part of my legal name or does it hold any legal meaning?

When filling out a form there is often a field for entering a title (such as Mr, Mrs, etc.). Am I free to put whatever I want in this field or do titles have a legal meaning?
5
votes
1answer
103 views

Are there surveys on the share of class action settlement that actually goes to the plaintiffs?

I am interested in links to scholarly papers with actual comprehensive and preferably up-to-date statistics. I have done some search on Google Scholar but failed to find wide-ranging surveys (the ones ...
10
votes
3answers
338 views

Under what circumstances could law enforcement hack a server?

I recently read a wired article about Silk Road and the arrest of Ross Ulbricht. The article describes how an FBI agent attempted to discover the true IP address of the Silk Road Server: Tarbell [...
3
votes
0answers
28 views

How does the EC Regulation on Insolvency Proceedings address cooperation between between EU and non-EU insolvency courts?

In particular, I am curious how the EC Regulation on Insolvency Proceedings addresses issues with cross-border corporate groups. The UNCITRAL Model Law contains provisions on the cooperation of ...
6
votes
3answers
510 views

Liability for knowing about bribe offered by a channel partner

In the USA, anti-bribery laws prohibit a company from offering bribes or kickbacks to government officials. If a channel partner of U.S. company X offers a bribe, would X be held liable if it knew ...
2
votes
2answers
94 views

Small business claims absent a contract

What legal recourse does company have against a client for compensation when it performs work for the client without a contract, given that the company has documentation of provided services, along ...
11
votes
1answer
337 views

Which aspects of human-subjects research rules are actually laws rather than conventions?

I'm aware that various laws exist regulating research on human subjects (Wikipedia summary here and in linked pages). However, I've had a tough time finding sources that clarify the boundary between ...
13
votes
2answers
216 views

Is the prohibition of narcotics mandated by an international treaty?

Possession of narcotics is of course illegal in many jurisdictions. Recently there has been talk of relaxing or eliminating prohibitions on the sale and possession of drugs. Are there any ...
74
votes
4answers
15k 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 ...
1
vote
1answer
98 views

Are the opinions of a United States superior court public knowledge?

If I bring a case to a superior court and I lose, is that information public knowledge? What are the ramifications to me? For example, could it hurt my credit score?
5
votes
1answer
593 views

In California, what happens if one spouse names a third party as their sole life insurance beneficiary?

Under California's community property law, each spouse can only control half of the couple's community property in his or her will. Does the same rule apply to life insurance benefits? Can one spouse ...
5
votes
2answers
312 views

What laws apply to transgender individuals using toilets and locker rooms?

This Skeptics SE post regarding a transgender individual (male to female) using a female locker room brought up some interesting legal issues regarding the rights of transgender individuals in using ...
1
vote
1answer
759 views

What is “fair comment” in the context of a defamation suit?

Suppose there is a nationally known politician, and it is widely reported in the papers that some of his supporters fear leaving their college-aged daughters alone with him. And suppose someone ...
6
votes
1answer
122 views

Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?

Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment. Is the law still confined to an 'unjust factors' approach as ...
-2
votes
1answer
68 views

Website Copyright Laws under Intellectual Property Laws?

What are the laws regarding Copyrights pertaining to copying of website templates ( which is an intellectual property )?
7
votes
1answer
503 views

Am I legally obligated to get a driver's license after moving?

I recently moved from Arizona to Washington, and I had to get a Washington Driver's License to be able to register my car (the AZ registration was about to expire). However, pretending I didn't need ...
5
votes
2answers
1k views

Is the judge allowed to nullify laws?

If a jury disagrees with a law, it's allowed to exercise a right known as jury nullification. However, what about civil cases (e.g., in a Superior Court in California) that are presided by a judge ...
4
votes
2answers
182 views

Are websites legally obligated to provide a non-javascript login page?

I have read a couple times now that Websites are obligated to provide an alternative login page when their login form uses Javascript. I have not been able to find much resources on the matter though. ...
9
votes
1answer
343 views

2 speeding tickets or just 1 for driving a long distance above limit and being caught in 2 radars?

This question originated from a recent action taken by the Highway Patrol in Brazil to catch speeders who slow down only when close to static speed radars and then speed up again. They wanted to catch ...
6
votes
1answer
209 views

Use of the RECAP browser extension when accessing PACER

There are benefits to using the RECAP browser plugin when accessing information in PACER (Public Access to Court Electronic Records): not paying to access PACER documents that have been cached by ...
10
votes
1answer
509 views

Does a Creative Commons license allow me to record a cover of a song recording?

If I find a musical sound recording that is licensed under a Creative Commons (CC) license, can I record and distribute my own cover of the song? (Assuming the particular CC license does not carry the ...
5
votes
1answer
66 views

Is there, in any jurisdiction, an hybrid between the “loser pays” rule and the “american rule”?

Spawned from this question: is there any jurisdiction which implements an hybrid between the "loser pays" and the "american rules", concerning who pays the legal fees? I understand it would be very ...
14
votes
1answer
640 views

Ethical Hacking

How is Ethical Hacking (Certified Ethical Hackers) defined by U.S. law? Is there any law which protects an Ethical Hacker for helping to find out bugs and security loopholes in online/digital ...
4
votes
1answer
154 views

In England and Wales, how can a plaintiff remain private and confidential?

Suppose that a plaintiff wants to bring a lawsuit but keep his/her identity confidential, in either a criminal or a civil case. The plaintiff refuses to tell either the general public or the media ...
8
votes
1answer
1k views

Is it legal for landlord to prohibit subleasing, under Texas law?

It's quite common that plans change, and a residential lease must be broken. Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find ...
5
votes
1answer
296 views

Are residential lease durations in Bay Area meaningless?

The vacancy rates in Bay Area are the lowest in the nation, and the rent much so often gets increased much faster than the inflation. However, a lot of corporate complexes employ monthly pricing that'...
1
vote
1answer
251 views

What's the penalty for breaking a residential lease in NorCal?

What's the penalty for breaking a residential lease? For example, in the Bay Area in Northern California.
8
votes
3answers
2k views

What jurisdiction do remote workers fall under?

There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote ...
15
votes
2answers
25k views

In the United States, do pedestrians always have right of way?

There appear to be three types of pedestrian crossings in the United States: Marked: an "official" crosswalk with some sort of markings or indication that it exists. Unmarked: According to wikipedia, ...
8
votes
3answers
175 views

Are there states other than Israel where judges appoint each other?

In the state of Israel, new judges (at all levels) are appointed by a committee of 9 people, including 2 members of parliament, 2 representatives from the ministry of justice, and 2 representatives ...
13
votes
4answers
14k views

If a driver is stopped by police, does the officer have the right to demand car documents?

Whenever someone is stopped by police because of a traffic violation or a regular check, does the police officer have the right to demand car documents and proof of insurance without a search warrant? ...
21
votes
1answer
2k views

Can I waive my statutory rights?

I've noticed that Steam has recently added this bit of text to its review and confirm page: By clicking the button below to proceed you agree that Valve provides you immediate access to digital ...
4
votes
1answer
76 views

If A makes a potentially “defamatory” statement to C about B, does it matter if C knows B well?

Suppose A tells C that "B is a total liar, nothing s/he says can be believed." And suppose C has known B since childhood. Would the statement be less defamatory since C is in a good position to judge ...
15
votes
2answers
879 views

Why does the United States Supreme Court oppose cameras, when Australia's, Canada's, and UK's have permitted them?

SCOTUS Justices' arguments against televising (like Alito J at 21:03 and Kagan J at 26:17 who interestingly voted TO televise when he was on the 3rd Circuit), also pertain to the HCA, SCC, and UKSC. ...
9
votes
3answers
483 views

If someone is cybersquatting myname.com, can I claim it back?

According to the Anticybersquatting Consumer Protection Act, Cybersquatting on a trademark is illegal. However, someone registered myfirstname.com. Do I have any legal right to ask them to sell it to ...
38
votes
2answers
4k views

What is the legal status of “warrant canaries”?

A warrant canary is a repeated claim by an individual or organization that they have not been served any warrants with an attached gag order. The idea is that you can say whatever you like if you have ...
13
votes
1answer
2k views

How does the law guarantee true disregard by jurors?

How can the court and public guarantee disregard by jurors when they're instructed to do so? I doubt that a verbal instruction suffices, when judges themselves can be biased. What forestalls or ...
3
votes
1answer
167 views

Why 'Solicitor General', and not 'Barrister General'?

In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts. However, if Solicitors ...
-3
votes
1answer
106 views

Do law students truly need to read judicial opinions entirely? [closed]

Most law instructors advise law students to read the entirety of a judicial opinion, but is there any research or studies that have examined this question? Certainly, law students should read SOME ...
2
votes
1answer
50 views

How does one determine the reasons for a judge's recusal?

I was reading about Shelley v. Kraemer (1948) (full opinion), which states that Justices Reed, Jackson, Rutledge took no part in the consideration or decision of the case. As another example, in ...
12
votes
2answers
8k views

Benefits of “I do not recall…”

Its often a joke that politicians say "I don't recall doing X" when being accused of something. In English saying I don't recall implies that you could be mistaken. But literally speaking, at any ...
9
votes
3answers
1k views

Can a case get thrown out because of "jury nullification?

With regard to this question, a patent lawyer told me that if one of the other jurors tried to teach the others his view of patent law, and they followed him, rather than the judge, that would be a ...
6
votes
1answer
703 views

How do Saudi judges decide whether or not a person has become an adult and is eligible for the death penalty?

One of the provisions of the Convention on the Rights of the Child is that a person under the age of 18 - or else under the age of majority - can not be executed. Two countries - Saudi Arabia, and ...
12
votes
1answer
2k views

Can you be bound to an unsigned contract even though services are rendered informally?

So you are working on a project to build a SaaS (Software as a Service). You prepare a technical contract and have it reviewed by intellectual property lawyers and it passes their approval. You ...
40
votes
4answers
14k 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 ...

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