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 ...
- 97.4k
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 ...
- 165k
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.
...
- 10.1k
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 ...
- 157k
26
votes
Accepted
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 ...
- 139k
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 ...
- 139k
19
votes
Accepted
Intellectual property with hiring minor as software engineer
Voidable Contracts
First of all, it is not generally correct that "minors are unable to sign contracts". However, in many cases, minors can disaffirm contracts. (This is also called "...
- 97.4k
17
votes
Accepted
What should a person write in "Driver license or ID card no" if s/he doesn't have a driver's licence?
Here is the technical manual: you want 11.015. It says:
New Registered Owner Section—The name, address, and driver license or
identification card (DL/ID) number for each new registered owner must
be ...
- 165k
17
votes
Accepted
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
Yes, this is legal, although further explanation is necessary to understand why and to know what facts would result in a different conclusion.
A listing of a property with an offering price is an ...
- 139k
17
votes
Asking for compensation for a broken job offer in CA
Is there any type of California labor law that would allow for him to ask for compensation for lost wages?
Your family member might have a claim of [intentional?] misrepresentation. Simply put, it is ...
- 40.8k
16
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
That’s murder
new-south-wales
Crimes Act 1900 s18:
Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was ...
- 157k
16
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
england
You're describing a murder
In English Law, the act of running from an attacker would be entirely within the realms of 'causation' (e.g. the attack caused them to escape) and is explicitly ...
- 2,665
15
votes
California: Is there a grace period when signing an apartment lease?
Once I figured out the term I was looking for was "cooling off period" a google search led to this SFGate article which seems to say, no, there is no cooling off period in California.
...
- 503
14
votes
Can you sue the courts and involved agencies for custody orders that proved harmful to you as a child?
The State of California is not responsible for injuries committed by private citizens
Sorry to hear about your friend.
Jamal may have a case (although the scope is narrow and timeframes are strict and ...
- 157k
14
votes
"Pressing charges" - is it needed to bring a charge?
In addition to the absolutely correct answer by ohwilleke there is another factor in play here. For many types of crimes, it is hard, perhaps effectively impossible, to successfully prosecute without ...
- 97.4k
13
votes
Intellectual property with hiring minor as software engineer
As David Siegel explains in another answer, the contract may be voidable, not invalid, and whether or not it is voidable will depend on a complicated constellation of state labor laws. These are very ...
- 1,888
12
votes
Accepted
What constitutes a "religious belief"
The First Amendment essentially prohibits the establishment of a list of approved vs. not-approved religions. There is a large body of First Amendment case law that relates to claimed religious ...
- 165k
12
votes
Accepted
May I bring weapons and/or defend myself when trespassing for a legal reason?
If a court authorizes you to enter a property that won't be a trespass.
Such an authorization would be meant to be communicated to the property owner before you enter it — so that they allow you to ...
- 20.4k
10
votes
How does California (CA) have standing in CA vs Activision Blizzard?
The complaint alleges that Activision Blizzard continues to underpay women (¶¶ 53-63), refuse to promote women (¶¶ 64-74), terminate women because of their sex (¶¶ 75-84), retaliate against women for ...
- 45.2k
10
votes
How, and under what circumstances would the introduction of "sociological" evidence be allowed in a courtroom?
There is virtually no chance this would be admissible.
When a defendant argues that abuse at the hands of third party led to a mental defect that excuses her from culpability, the prosecution is free ...
- 45.2k
10
votes
"Pressing charges" - is it needed to bring a charge?
No, but ...
australia
Australia does not have the concept of "pressing charges" but police and prosecutors have guidelined discretion over whether to bring charges.1
In new-south-wales the ...
- 157k
10
votes
DUI question with keyless ignition
Pennsylvania is one state sometimes cited as having such a law, but the law does not refer to "keys in the ignition", instead,
An individual may not drive, operate or be in actual physical ...
- 165k
10
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 ...
- 1,031
9
votes
Accepted
Who owns the company before the founders' shares vest (HBO's Silicon Valley plot point)?
Governing Law
The governing law in this fact pattern would be the law of Delaware which under the relevant choice of law rules governs the internal affairs of a Delaware Corporation, specifically, the ...
- 139k
9
votes
Accepted
Can you break a lease because the landlord refuses to evict another tenant who physically threatens the leaseholder?
California Civil Code 1946.7(a) says that
A tenant may notify the landlord that the tenant intends to terminate
the tenancy if the tenant, a household member, or an immediate family
member was the ...
- 165k
9
votes
California: Is there a grace period when signing an apartment lease?
Is there any law that requires the landlord to let you out of the lease?
The covenant of quiet enjoyment, which is implied in every lease unless its language indicates the contrary. See Andrews v. ...
- 40.8k
8
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
This will depend upon the legality of your actions so far, and how closely they are related to the death.
For instance, if you were chasing that person with the intent to kidnap them, torture and then ...
- 985
8
votes
Does a squatter's executor have tenant rights after the squatter's death?
The facts of Bob providing consideration (caretaking and minor repairs) and receiving lodging imply a rental relationship. This apparent relationship can be the basis of protections such as against ...
- 4,599
7
votes
What would happen to California’s recall effort if the governor resigned?
Section 11302 of the California Elections Code makes it crystal clear - as soon as an office becomes vacant, the recall election proceeds anyway, unless as of that moment there are not enough ...
- 159
7
votes
What constitutes a "religious belief"
The article you link to details some of that
The city’s policy states that employees must fill out a form and “answer all relevant questions regarding the religious belief, practice or observance ...
- 2,799
Only top scored, non community-wiki answers of a minimum length are eligible