101 votes
Accepted

Can I enter a rental property without giving notice if I'm afraid a tenant may be hurt?

Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask ...
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  • 139k
78 votes

If a signal person in California tells me to kill someone, do I have to do so?

You are not reading a law book here and you should not interpret a driving test so literally. It's quite clear that the question implies you should follow all of their instructions regarding how to ...
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  • 4,195
76 votes
Accepted

Suppose someone kills more people than they intended. Did they murder the extra people?

Through the legal doctrine of "transferred intent", wherein if one intends to murder A, and undertake actions to kill A, but one's actions kill B, one has murdered B. Whatever crimes one ...
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  • 8,312
69 votes
Accepted

Is it legal for private citizens to "impound" e-scooters?

Maybe, Hence the Lawsuits In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels, and for the affected landowners (who hire the ...
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  • 158k
61 votes
Accepted

Is Elon Musk's child name valid in California?

We could start with what the statutes say (HSC 102425) (a) The certificate of live birth for a live birth occurring on or after January 1, 2016, shall contain those items necessary to establish ...
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58 votes

Can pay be witheld for hours cleaning up after closing time?

Unless you are a salaried worker, all hours worked must be paid, and that could include paying overtime if the actual hours that you work is over 40 hrs. a week. You may file a complaint with the US ...
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  • 165k
57 votes

Am I allowed to kill a person threatening me? CA, USA

I would just like to clarify, in addition to the other answers and what Dale M alluded to, one important detail: Unless you are carrying out the death penalty, no one under any circumstances is ...
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50 votes
Accepted

Why does the victim have to press charges?

Criminal charges are filed and prosecuted by the government, on behalf of the public, and there is no requirement for approval or cooperation by the victim. As a policy matter, a DA may decide to not ...
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  • 165k
49 votes
Accepted

In Los Angeles can I defend my own property against looters?

If you are arrested for assault, you have available to you the defense of the right to defend real or personal property: you "may use reasonable force to protect that property from imminent harm. ...
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  • 165k
44 votes

May I bring weapons and/or defend myself when trespassing for a legal reason?

As the answer by Greendrake says, if you have a a legal reason, to enter property, you re not a trespasser. Trespassing is generally defined as entering on property against the expressed will of the ...
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43 votes

Can I sue an app for enabling harassment?

There are legitimate apps that let you buy phone numbers. With the right app I can buy let's say a landline number in Kansas. I call you, and you will think it's some guy in Kansas calling you. That's ...
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42 votes
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What's the impact of this late fee typo?

Dale is right; here are the details from CA statutes: Since 1872, CA law has told CA courts to assume the parties to contracts in CA are reasonable, not crazy. If the literal reading of the contract ...
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  • 7,997
40 votes

Is it illegal to restore a car in my own driveway in Orange County, CA?

Yes, in Orange County, CA, in a residential zone or on residentially-developed property, this is a code violation. Specifically you are looking at Title 3, Division 13, Article 1, Sec 3-13-4(11): Sec....
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  • 9,105
38 votes
Accepted

Do I (witness) have to respond to email from defendant's lawyer?

You don’t have to talk to the lawyer However, if you don’t it’s very likely you will be subpoenaed. Then you’ll have to talk to them at a time and place of their choosing rather one that’s mutually ...
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  • 158k
38 votes

Is it legal to refuse an offer for real estate which is above the asking price, when there are no other offers by the published due date

It is legal, though not if the grounds are illegal discrimination (race, religion, etc), which by their (empirically supported – they raised the price) representation is not the case. As a marketing ...
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  • 165k
35 votes

Suppose someone kills more people than they intended. Did they murder the extra people?

To add a perspective from a different legal system: In Germany, this would fall under the notion of Eventualvorsatz (loosely translated, "recklessness"). Basically, whenever the criminal ...
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  • 6,408
35 votes
Accepted

What are the legal ramifications of a legally dead person turning up alive?

What kind of procedures would be necessary to undo the legal death? What happens to his property (note: the reanimated character is a young man with no written will)? If he's a renter, how long will ...
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  • 139k
34 votes

What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?

A lawsuit would be unsuccessful. Prosecutors have discretion to prioritize whichever offenses they think are most important, and they are generally immune from civil liability. This is a political ...
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34 votes

Strange Clause in Employment Contract Concerning Leaving Job

Contracts can say all sorts of unenforceable things, you provided an example of one of them. A person cannot be compelled to stay and work somewhere they no longer wish to work. At the risk of ...
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  • 1,368
31 votes
Accepted

In California, if a baseball lands in my yard, is it legally mine?

This is a general common law answer; specifics in California may differ. Yes, they are committing the tort of trespass and you could sue them for whatever damage they did to your property; probably ...
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  • 158k
30 votes
Accepted

Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?

california You intended to kill them, you killed them, that's murder California Penal Code Section 187(a): Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. ...
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29 votes

California: "For quality assurance, this phone call is being recorded"

No, it’s not illegal You have been informed that the call will be recorded. If you continue with the call having that knowledge you have consented to the recording. If you don’t consent you can hang ...
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  • 158k
28 votes
Accepted

Does a squatter's executor have tenant rights after the squatter's death?

There are no squatters Neither Bob nor Sue are squatters: Bob was there with the owner's permission and Sue was there with Bob's. Adverse possession requires possession that is, well, adverse: against ...
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  • 158k
26 votes
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How does California (CA) have standing in CA vs Activision Blizzard?

A government always has standing to enforce violations of its own laws in its own jurisdiction. The harm to its legally protected interest is its interest in enforcing its own laws. While the forum ...
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  • 139k
25 votes

Can pay be witheld for hours cleaning up after closing time?

As I suspect you knew when you asked, she can't pay you less than the statutory minimum wage. She's also likely to lose on time you spend cleaning up after close. At least in California (you should ...
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25 votes
Accepted

"Pressing charges" - is it needed to bring a charge?

Is it the case that Police in the US are unable to proceed with a charge if a victim declines to "press charges" and if so, how are murder charges or even more pertinently, domestic violence ...
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  • 139k
24 votes

What are the legal ramifications of a legally dead person turning up alive?

There have been cases where a legally dead person tried to come back from the dead, such as the case of Donald Miller in Hancock County OH, who was declared presumptively dead under ORC 2121.01. ...
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  • 165k
23 votes
Accepted

What laws apply to Visa holders in the US?

All laws (federal, state and local) apply to everybody, unless you have diplomatic immunity. That is, unless e.g. the federal government decides as a matter of policy to ignore certain federal laws. ...
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