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Results tagged with new-york-state
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user 344
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New York in the United States of America. For questions pertaining to the city use the "new-york-city" tag.
37
votes
Can a real estate agent refuse to show a rental property (apartment) in NYC if I don't provi...
Yes
Businesses (and consumers) can choose who to do business with and what information they ask for and disclose and when they do that.
If you’re uncomfortable with how they do business, don’t deal wi …
- 226k
17
votes
Are there any jobs that are forbidden by law to convicted felons?
Yes, but ...
australia
The Human Rights and Equal Opportunity Act (Cth) (HREOC Act) makes it illegal to discriminate on the basis of a criminal record unless it makes them unable to perform the 'inher …
- 226k
17
votes
Accepted
Can a website incur liability for linking to a funding campaign for a lawsuit against it?
Yes
The directors of a company have a fiduciary duty to act within the law for the benefit of their shareholders - not to their customers, not to the government, not to the environment and not to the …
- 226k
10
votes
Can I get a DUI in my wheelchair?
new-south-wales
Yes
A wheelchair is a vehicle under the definition in the Road Traffic Act. Further, an electric wheelchair is a motor vehicle.
It is illegal to operate either while over the legal lim …
- 226k
9
votes
Accepted
Could Trump have just avoided the charges?
No
Yes, people make mistakes in accounts all the time, and they can normally just be corrected. It may result in additional taxes and late penalties (or refunds), but its not a big deal.
However, this …
- 226k
8
votes
Can a restaurant or retailer be held to "posted" prices?
Under the law of common law contracts, posting a price is an invitation to treat and is not binding.
However, in many jurisdictions, there may be (probably is) statutory consumer protection law that …
- 226k
7
votes
Accepted
Is misrepresentation a tort or a breach?
What misrepresentation?
Alice said she buried the money there. That the money is not there now is not evidence that she didn’t. it’s evidence that something happened to it between then and now.
Howeve …
- 226k
7
votes
Accepted
Child care exemptions for jury duty in NYS?
She can ask, but she does not have a right to be excused
New York law for jurors does not have an automatic right to be excused because of familial care needs. There is a right to be excused for medi …
- 226k
6
votes
Is it illegal for police officers to delete video evidence of an arrest?
Footage of an arrest is clearly evidence: tampering with it is a crime.
Notwithstanding, destroying someone's personal possessions without authorisation is a crime. Accessing a computer (which all mo …
- 226k
6
votes
Does the iconic WWII-end "Kiss" photo depict sexual assault?
In 1945?
Not a chance. Basically, the only sexual crime that existed then was rape.
In 2019?
In New York, it appears the answer is still no.
All sexual crimes require “sexual contact”:
3. “Sex …
- 226k
6
votes
Theft on golf course
It’s complicated
… but it’s unlikely to be theft
A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
With found …
- 226k
5
votes
How does modern Wall St. work in NYS gambling laws?
The stock exchange deals in two broad types of things: shares in companies (or other organisations) and derivatives.
The first is easy to deal with: buying and selling shares is not gambling - owners …
- 226k
5
votes
Accepted
What happens if Trump decides not to attend his New York trial?
Yes, but …
If he waives his right, and the prosecution doesn’t object, the court may allow him not to be there.
If he’s too disruptive, he can be barred by the court.
I would expect that if Trump …
- 226k
5
votes
Is signing a document that I have not seen legally binding?
Are these signatures legally binding?
Yes
At law, if you sign a document, you assert that you understand it and agree to be bound by it - it doesn't matter if you have read it.
Now, everyone knows t …
- 226k
4
votes
Accepted
If a landlord approvs a tenant but refuses to allow them to move in, can the tenant recover ...
If there is a contract, Bob is entitled to damages
There probably is a contract in this case - the landlord (through their agent) has made an unambiguous offer which Bob has accepted by signing the l …
- 226k