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8

This is an example of the so-called felony murder rule, in which the crime of murder is defined to include deaths related to a felony committed by the defendant. You'll note that the article actually uses the phrase "felony murder". See the Alamaba Criminal Code at 13A-6-2: (a) A person commits the crime of murder if he or she does any of the following: ...


5

In addition to the felony-murder statute itself, the justification rests on principles of causation and foreseeability. As Alabama courts have explained: Section 13A-2-5, Ala. Code 1975, addresses causation, in pertinent part, as follows: "(a) A person is criminally liable if the result would not have occurred but for his conduct, ...


5

The question is not properly framed in terms of the law: the relevant question isn't in terms of achieving orgasm or not, it is in terms of consent. Is it rape to continue having sex, when one party withdraws consent? In North Carolina, following State v. Way (rather sparse on details), consent explicitly cannot be withdrawn. In Illinois, on the other hand, ...


4

So as per recent Supreme Court decision in Matal v. Tam, the phohibitation of the registration of trademarks that may "disparage" persons, institutions, beliefs, or national symbols was ruled Unconstititutional. At issue, Tam, the bassist and founder of an all Asian-American band that was named after a slur for Asians (the linked article contains the Band ...


4

Alabama has published an administrative interpretation of §32-6-7, §32-6-7.1, Code of Ala. 1975 regarding medical standards for driver licensing. This allows them to take medical conditions into consideration in denying, not renewing, or restricting a license. This includes, for example, the ability to consider the fact that a person has high blood pressure. ...


3

Until it runs out of gas. With the caveat that I can't prove a negative: No, there is no such statute or case law restricting how long a police or law enforcement vehicle can follow someone on a road. However, law enforcement officers can be subject to investigation and sanction under "stalking" or "harassment" laws, which typically require a pattern of ...


3

You have pretty well enumerated when it is legal. On the face of it it appears that the 11 year old acted illegally. So, if he is not being prosecuted, why not? Age of criminal responsibility. Below a certain age (I don't know about Alabama but in NSW it is 12) a person cannot by law be held criminally responsible because they are deemed to lack the ...


2

It is very unlikely that members of the HOA can consider the contracts invalid because other parties aren't paying their HOA dues. HOA dues are more like taxes than they are like contracts. They are probably mandated by the Declarations filed against the property that created the HOA in the first place. The HOA probably has the right to collect back HOA ...


2

You are correct. The amount of tax given as a function is: tax(income) = 0.02 x income if income <= 500 tax(income) = 10 + 0.04 x (income - 500) if income <= 3000 tax(income) = 110 + 0.05 x (income - 3000) if income > 3000 The limit of tax rate as the income grows without bound is found thus: lim tax(income) / income = lim (110 + 0.05 x (income - ...


2

If I inherited the hunting rights that was purchased by my father, deeded and >recorded, can the land owner make me give the hunting rights back to him just >because he wants to sell the land? There is a legal term for the hunting rights your father purchased: "personal easement in gross". Unfortunately, it appears that you probably did not actually ...


2

It would not matter. Alabama is a state with a fetal homicide law, where killing a fetus is legally the equivalent of killing a person (there is an exception for doctors). In this case, the government is relying on the definition of homicide where one "intentionally, knowingly, recklessly or with criminal negligence causes the death of another person". That ...


2

The key point here is that a person is only required to obey any lawful order or direction by this law. Arbitrary or unreasonable orders would not, I should think constitute "lawful orders". Exactly what would or would not be considered as a "lawful order" will depend very much on the specific facts of the case, and may also depend on other laws. In ...


1

No, it indicates nothing of the sort. According to the Wikipedia article: Unlike most other property deeds, a quitclaim deed contains no title covenant and thus offers the grantee no warranty as to the status of the property title;[2] the grantee is entitled only to whatever interest the grantor actually possesses at the time the transfer occurs.[3] This ...


1

I think the key point here is that your friend was charged with a traffic offense when he does not sound like he was part of traffic. I suppose you could argue that read literally, the statute imposes penalties for any violation of any order at any time in any place under any circumstances, as long as the police office had authority to direct traffic. I ...


1

I don't see any obvious reason that he can't make a charge back. Indeed, the judgment would solidify his ability to do so. You would be justified in turn to insist that he treat the charge back as a satisfaction, or at least a partial satisfaction, of his judgment depending upon the amount involved. A charge back in this context is really just a form of ...


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