Hot answers tagged

10

I was initially going to vote to close this as a political rather than a legal question, however, I think there is scope for separating out the two dimensions. Our society makes a distinction between children and adults by giving them different legal rights, obligations and protections. If you think about it, there are a lot of things beyond sexual activity ...


9

According to German law (Jugendschutzgesetz), §9: Minors 14 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, when accompanied by a Custodial Person, Minors 16 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, without accompaniment, and Adults (18 and older) may drink distilled ...


7

The law doesn’t “defines a minor as a legal person below (some age)” It defines it as a natural person below (some age).


6

In general, no, if you make a will then you can revoke that will while ever you are still legally competent. Also, in general, this is a good thing. For your first example, you are ruling out all possibility of redemption - people change: a person who is a selfish a*$%^#@e in their 20s may be a kind, caring, dutiful and loving person in their 40s. For your ...


6

We set speed limits so we don't have to spend time fighting over whether you were driving too fast. We put up fences so we don't have to spend time fighting over whose property you are on. We set ages of consent so we don't have to spend time fighting over whether the child could consent to sex.


6

Discrimination is legal, so long as there is not based on a protected category or class(e.g. race, sex, religion). Age is generally not a protected category. Some states do treat age as a protected category, but: 1) It is generally only in employment, so, for example charging someone differing amounts based on their age is legal (e.g. senior discounts, ...


5

Firstly, this is actually a really good question - The Australian Constitution grants few explicit protections or rights to people, and it does not protect you from discrimination on the basis of age. In any case, you'll find that it is not a violation of the Age Discrimination Act 2004 (Cth) - see s39. This makes an exemption, amongst others, to the Act ...


4

With respect to many questions of law minors are not people. Human rights vest as people age: there are any number of variations by jurisdiction, but you will see the following (often constitutional) rights granted at different ages: To own property To enter into contracts To work for pay To decline an education To consent to medical treatment To be secure ...


4

Does cybersex count as pornography? The law does not define pornography, so this is up to an interpretation of the courts. However, it appears to be common consent that a depersonalisation of the subjects is an essential aspect. For example, this verdict notes (translations and emphasis mine): Pornographie liegt nach der Rechtsprechung des ...


4

In academe, "young" refers to years in career, not years since birth.


4

To have an effective law, there has to be a line drawn somewhere. Using age gives a measurable and objective line of what is and is not allowed. Using a standard like maturity might be more fair but is not measurable and very subjective and would make enforcement difficult and messy.


3

Child marriage is completely illegal only in Delaware and New Jersey, and is also redefined (upwards) in Nebraska and Mississippi. In a little over 1/3 of the states, there is no lower age limit. In Alaska, for example, those betweeen 16 and 18 can marry with parental consent, and those between 14 and 16 can marry with a court order. Arkansas does not impose ...


3

There is and never has been a single “age of majority” The law treats people of different ages differently for a wide variety of reasons. Just a small sample of typical limits (jurisdictions vary): you must be 4 to go to school you must be 10 to be criminally responsible you must be 11 or 13 to get a job in the australian-capital-territory but there is no ...


3

This kind of indirect age discrimination is probably legal in Switzerland since even direct age discrimination is effectively* legal. In 2017, the Federal Council (Swiss executive) proposed rejecting a motion to prohibit age discrimination in job offers, which the National Council (Swiss legislative lower house) later let expire. Noting that only about 10% ...


3

It's almost certainly legal and is commonplace in much of the world- especially in technology-related fields. There is a legitimate reason for a recent degree in a changing field such as Computer Science. A degree from 2019 would have covered very different topics than one from 2009, which would be unrecognisable from one from 1999. While I agree it is more ...


3

It is logically simple why you turn the legal age the day before your birthday. If you were born in January 1, 2000 (like the example above), on December 31, 2020 you have been 'alive' for exactly 21 full years. (the year 2000 plus 20 more years). I have a unique reason I know this to be true. I was born on November 9th, 1998. The day before in 2016 (...


3

In the U.S. Short Answer Yes, Joe can get into trouble. No, it does not matter if Joe requested the pictures. and... Yes, Jane can also get into trouble. In the U.S., child pornography is a federal statutory offense and carries strict liability. The criminal threshold is "sufficiently suggestive" images of minors under the age of 18.


3

In NSW Australia this is covered by Division 15A of the Crimes Act 1900 which deals with Child Abuse Material. Under Section 91FA a "child" means a person who is under the age of 16 years - the situation you describe would be between consenting adults in NSW. “Child abuse material” can be text or images that are sexually explicit and would be “...


3

This is more a question about society and politics than about the law; that is, you know what the law is you want to know why. Without any research and no idea of the particulars I can say that the reason is historical and derives from the fact that our society has been (and still is) a patriarchy and has deeply ingrained sexism (along with a lot of other -...


3

Independent Thought vs Union Of India (2017) apparently states the law of India, presently, and the answer is, 18. India being a common law country, the Supreme Court has the power to interpret the law when the statutory language might suggest something else. The issue is that marital intercourse is often an exception to rape laws (India does not recognize ...


2

Solicited Photos In Canada the situation that you put forth is actually completely legal. If the two people are in a legally permitted relationship, then they can legally share pictures as long as they stay private (the other person doesn't share them with others). 116 - Thus, for example, a teenage couple would not fall within the law’s purview for ...


2

Women can get pregnant, so men can be held to stricter rules: From https://en.wikipedia.org/wiki/Ages_of_consent_in_the_United_States Although legislation tends to reflect general societal attitudes regarding male versus female ages of consent, Richard Posner notes in his Guide to America's Sex Laws: The U.S. Supreme Court has held that stricter ...


2

People can attend University at (almost) any age While most people complete their first degree in their early twenties, some do not get higher education until much later in life. The oldest graduate with a first time bachelor’s degree that I am aware of was in her early 90s.


2

The age of majority (age at which a person ceases to be a minor) used to be 21 in most US states. It was lowered to 18 by statutes in various states at various times -- the Vietnam War had a major political effect on this. As the comment by Nate Eldredge says, the right to vote at at 18 is guaranteed by the 26th amendment to the US Constitution. It is ...


1

Bills on any subject are all passed the same way. Here's a video to explain the process of passing a bill into a law: I'm Just a Bill


1

The conviction would be vacated and the person would be retried as a minor Probably. The first conviction was undoubtedly an error of law and would be a void decision at common law. The person is then eligible to stand trial as a minor, whether that is in the interests of justice is a matter for the prosecutor to decide. Specific statute law in specific ...


1

There is not a blanket prohibition on the practice you describe, which economists would call "age based price discrimination", although there could conceivably be some set of facts in which this is the case. In economics, "price discrimination" is the practice of finding ways to charge more for the same good or service, for someone who can afford to pay ...


1

For purposes of time zones, a person is considered legally the age at the moment of their birthday regardless of time of birth (a person born on the East Coast on 1/8/88 is considered 30 at Midnight on the East Coast even though he was born at 1430 (2:30 pm). In situation one, the bank would still consider him a legal adult because he filed the paperwork on ...


1

Drinking age on airplanes in the U.S., at least for those in flight, is not set by regulation or law. The drinking age on planes in the U.S. is set by the carriers. Each airline has their own set of rules for international flights which can be affected by the national laws of the countries over which they fly. Some airlines set the age based on the country ...


Only top voted, non community-wiki answers of a minimum length are eligible