All Questions
28,201
questions
16
votes
2
answers
2k
views
Using international waters to provide illicit activities near a country
Let's assume I have a ship flagged in a country where certain activities are legal but are not in most of other countries (like, for instance, drug use or prostitution are in Netherlands). Let's ...
33
votes
3
answers
2k
views
What is jury nullification?
What is jury nullification and what are its origins and history? What actions by a juror would be considered nullification?
5
votes
1
answer
339
views
Does the WTFPL legally disclaim warranties?
Say I make software and release it under the WTFPL. Then, someone uses it and it causes their computer to catch fire. I did not design my program to catch their computer on fire, and in fact it might ...
6
votes
1
answer
148
views
Representing your own case
Are there any prerequisites to represent one's own case before a jury? Specific answer targeting Indian Law would be appreciated.
14
votes
2
answers
3k
views
What is the difference between "murder", "manslaughter" and "homicide"?
Do "murder", "manslaughter" and "homicide" have different legal definitions? Or are they just terms referring to the same act used in different jurisdictions?
9
votes
2
answers
361
views
Under what circumstances do you need a business license?
Specifically, what does it mean to be "operating a business"?
I started an LLC in Delaware, but write software to power my company from my home and while I travel across the country. Do I need to get ...
10
votes
1
answer
300
views
Can the UN Security Council authorize states to violate international humanitarian law?
Chapter 7 to the United Nations charter gives the Security Council (UNSC) the power to authorize states to use force in some particular case (for example, in the first gulf war the UNSC authorized the ...
26
votes
2
answers
8k
views
Is there any difference in meaning between the Boost and MIT software licenses?
MIT
The MIT License (MIT)
Copyright (c) <year> <copyright holders>
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and ...
7
votes
2
answers
340
views
Marital Rape as Defined by Indian Law
According to 1860 Indian Penal Code:
"Sexual intercourse by a man with his own wife is not rape."
What are the possible exceptions to this law that would allow for a husband to be prosecuted for ...
7
votes
2
answers
50
views
Intra-community civil actions in the EU
'A' (in an EU member state) contracts with 'B' (in another member state) who then breaches the contract.
Can 'A' sue 'B' under some harmonised community-wide procedure?
If not, in which state does 'A'...
17
votes
1
answer
2k
views
Can a spyware or a virus act legally with EULA?
Lets think there is a virus that acts like a software. Its acting like a regular software. It's installation is visible to user and again like a regular software, it asks user to accept its End-user ...
9
votes
1
answer
546
views
Does a boilerplate legal disclaimer protect authors of content on a website?
Specifically, if the website itself has legal disclaimers to protect itself from litigation arising from legal advice provided on it, would a similar disclaimer claiming to disclaim authors of content ...
20
votes
5
answers
169k
views
What laws are there regarding being pulled over by an unmarked cop car/undercover cop?
Although this has never happened to me, I've read and heard about people driving on the road and then being signaled (in some way, usually with reds and blues) to pull over for a ticket and the car ...
10
votes
1
answer
745
views
What rights do foreigners have when the CBP wants to search their laptop?
Since laptop and other electronic device seizures at US borders became legal without a warrant (including making copies of data), 7% of ACTE's business travelers reported being subject to a seizure as ...
4
votes
3
answers
198
views
When has Judicial Review not been the process used to deem an act unconstitutional?
Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?
7
votes
4
answers
337
views
In the past, how did lawyers learn the academic side of law?
In the past, I have read that lawyers simply 'read law' on their own or in an office, before passing the legal (bar) exam. But if they only indentured and never went to law school, then how did they ...
5
votes
3
answers
2k
views
How to self-learn law today, like those lawyers in the past who never went to law school?
One can simply read law textbooks and judgements of legal cases, but what else?
3
votes
0
answers
68
views
When should one represent oneself in court? [closed]
I recognise these adages: "a pro se defense is usually a bad defense." and "A man who is his own lawyer has a fool for his client".
However, some pro se defenses have succeeded, such as the ...
3
votes
1
answer
102
views
UK: Public Access Barrister vs Solicitor
The PDF entitled 'Public Access Guidance for Lay Clients' (from the Bar Standards Board) compares and contrasts Public Access Barristers (abbreviated as AB) and Solicitors. Two key differences are the ...
21
votes
3
answers
2k
views
Is there a legal reason why fictional shows use imitation brand names?
Often, when I watch TV shows, I'll see or hear about an imitation of a real brand name.
As an example, here is a parody of Walmart from The Simpsons
The store in the picture is unambiguously ...
11
votes
1
answer
12k
views
Does a black belt have to tell the police that he/she is a black belt
Someone I knew told me that if a black belt in martial arts is pulled over, he/she has to tell the police that he/she is a black belt because he/she is a deadly weapon.
I told him that I didn't ...
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 ...
5
votes
1
answer
308
views
How does changing a name protect against a libel suit when "everyone" knows who he is?
In the movie, "Moneyball," the name of Billy Beane's assistant was fictionalized to "Peter Brand." Yet anyone who has read Michael Lewis' book knows that his real name was Paul dePodesta.
Mr. ...
13
votes
2
answers
2k
views
Do you have to obey English-only traffic signs in Toronto?
Canada is bilingual, yet some major metros like the Greater Toronto Area have all of their traffic signs in English only, without a French duplicate.
Is this legal or not? Do you have to respect ...
5
votes
2
answers
66k
views
What are the drinking age laws in Germany?
I've always heard stories that in Germany, there is no drinking age. I know that in the United States, it is 21. Alcohol can cause health risks for underage children, so it would seem weird to allow ...
1
vote
1
answer
706
views
Excluding Implied Warranties in Multi-national Contracts
I am selling specialized industrial products to a Polish company who will use them at a site in Poland. We have hired a Polish lawyer to help us understand/exclude as many implied warranties as ...
2
votes
1
answer
76
views
What do you do if your consulate general violates the law?
If you live abroad as a foreign national, there are certain government services that you must keep obtaining from your own government through a Consulate General (e.g. passport issue/renewal).
...
12
votes
3
answers
5k
views
Is it illegal to listen to Air Traffic Control transmissions in the UK?
According to Is it illegal for Joe Public to listen to ATC in the UK? over on Aviation.SE, although aviation transmissions are broadcast publicly, in the clear, unencrypted; it is illegal to listen to ...
3
votes
1
answer
516
views
What is (or was) the difference between Louisiana's Civil Code and Revised Statutes?
As an example, Title V, Chapter 1 of the 1869 Civil Code was about the grounds for divorce. (This Chapter appears to be exactly the same in the 1882 Civil Code.)
Section 1190 of the 1870 Revised ...
16
votes
2
answers
2k
views
What stops you from invoking §19.6 if a police officer attempts to seize your mobile phone?
Section 19 of PACE (the Police and Criminal Evidence Act 1984) states:
(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing—
(a) that it is ...
12
votes
4
answers
1k
views
What methods exist to provide relief in criminal cases where the state refuses to prosecute?
In this question it was shown that it is not possible to bypass the States Attorney before the grand jury. But what relief exists in cases where Prosecutorial Discretion might be used to protect ...
20
votes
3
answers
2k
views
Has a common law defence ever held water?
The UK is a common law country. It is a widely held belief of many people that statute Acts of parliament (i.e. most 'laws') only apply with the "consent of the governed"; and that one may be a "free ...
30
votes
4
answers
5k
views
When is ignorance a legal defense?
In the United States, under what circumstances is ignorance of a law or legal principle a defense against legal action?
26
votes
4
answers
3k
views
Is “do not resuscitate” on a t-shirt a legal order?
A few months back, I watched a House episode that featured him violating a DNR order, and being taken to court for it.
A few days ago, I've come across a do-not-resuscitate t-shirt on one of the t-...
13
votes
2
answers
596
views
What legal standing do non-compete clauses have in employment contracts?
Almost every job I have ever held has a non-compete clause, lasting for up to a year after I leave a particular organisation, prohibiting me form delivering similar services on behalf of a competitor.
...
25
votes
1
answer
7k
views
Under what circumstances am I obliged to show ID to a police officer?
In the UK, if a police constable stops you on the street and asks for your ID, when are you required by law to give it to them? Must there be reasonable suspicion of a crime?
What about if you're ...
12
votes
3
answers
1k
views
Why can't a party raise new arguments in United States court of appeals?
In the Lavabit judgement, I saw this:
see also Agra, Gill & Duffus, Inc. v. Benson, 920 F.2d 1173, 1176 (4th Cir. 1990) ("We will not accept on appeal theories that were not raised in the ...
5
votes
2
answers
564
views
Can official information protected by attorney-client privilege be shared with personal lawyer?
During a homeowners association executive session, the board members were given a briefing protected under attorney-client privilege. A board member is now concerned about his/her personal liability ...
3
votes
1
answer
307
views
Can residences be repossessed as with other real property?
Real property seems to have peculiar legal customs. For example, if somebody has leased property like a vehicle and defaults on their lease the most expeditious way for the true owner to recover the ...
8
votes
1
answer
157
views
Requirements for Creative Commons Images Attribution - Website
When I use a photo licensed under Creative Commons (from Flickr) on a website I make, what is the required way to give attribution?
Assuming the license allows commercial use and changes with ...
15
votes
2
answers
2k
views
My company handed me a letter today telling me I owe them money because they overpaid me. Do I legally have to pay them?
I work an hourly job. I got a letter today telling me that they overpaid me and I owe them money. My job pays minimum wage and I'm not sure how they "overpaid" me, their computers pay me per second ...
5
votes
1
answer
101
views
How to prevent/protect my rights to content I write (US)
I live in the US and do writing of my own in various forms ranging from blog posts to content for handouts and trainings I might want to resell at some point in the future.
What steps I should take ...
13
votes
1
answer
260
views
Requirement of attribution when reusing Wikipedia articles licensed under CC BY-SA
All of Wikipedia's content is licensed under the CC BY-SA, and Wikipedia encourages fulfilling the attribution requirement for CC BY-SA by linking to the original Wikipedia article, which contains a ...
8
votes
2
answers
490
views
Is there any way to bring a criminal case before the grand jury without the support of the Prosecuting Attorney?
Is there any way to present a case to the grand jury if the prosecuting attorney is unwilling to do so?
8
votes
1
answer
552
views
Section 3A of the United Kingdom's Computer Misuse Act 1990
Section 3A of the United Kingdom's computer misuse act states you are not allowed to produce, obtain or supply articles which can be used for computer misuse.
How do UK information security bloggers ...
10
votes
2
answers
2k
views
What is the authority of the clerk of court?
In the United States, does the Clerk of Court typically have any type of decision-setting power, or does the Clerk's authority extend only to carrying out directives of judges?
9
votes
2
answers
267
views
What kind of ownership do I have over articles I wrote?
So, a few months ago I was working for a big blog and then I resigned because I didn't want to write any more articles for them. Some of the articles were original and a few were translations by me ...
13
votes
3
answers
6k
views
Does killing witnesses before trial suppress them?
If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant?
For example, if sworn ...
8
votes
3
answers
1k
views
Does attorney-client privilege protect a client who lies about his attorney?
In many legal conflicts the fact that a defendant acted on the advice of competent legal counsel is considered an affirmative defense, or at least a mitigating factor.
Can such a defendant hide ...
5
votes
2
answers
420
views
Using student directory photos
Would it be legal for me to download all of the student images that appear in my university's directory and post them on a website?
The Family Educational Rights and Privacy Act (FERPA) protects ...