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42 votes

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

canada Unless Bob is unfit to stand trial, the trial will go on. "Unfit to stand trial" is defined in the Criminal Code as: unable on account of mental disorder to conduct a defence at any ...
Jen's user avatar
  • 57k
40 votes

Is a thumbs-up emoji considered as legally binding agreement in the United States?

canada1 The judgment you have read about is South West Terminal Ltd. v Achter Land, 2023 SKKB 116. The judge did not hold that "đź‘Ť" is categorically considered to be binding agreement. The ...
Jen's user avatar
  • 57k
38 votes

What rights does a dead body have? Can crimes be committed against one?

The dead body does not have rights, but there are laws governing how it may be handled. California prohibits corpse desecration, which covers anyone who "willfully mutilates, disinters, removes ...
bdb484's user avatar
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33 votes
Accepted

Baseball caught: Ownership? Can one leave?

See Popov v. Hayashi. The person who caught the ball, or who first obtained possession of the ball, becomes the owner. Prior to the time the ball was hit, it was possessed and owned by Major League ...
Jen's user avatar
  • 57k
33 votes

Is it an independent and additional offence to have a fake passenger (e.g., a mannequin) to try to avoid HOV violation detection?

Washington RCW 46.61.165 4(b) imposes an additional fine for using a dummy or doll in an attempt to fake the requirements of HOV lane usage: (b) Any time a person commits a traffic infraction under ...
cde's user avatar
  • 641
28 votes

Is a thumbs-up emoji considered as legally binding agreement in the United States?

The meaning of a thumbs-up emoji would be evaluated on a case by case basis in the context of the discussion purported to be creating a binding agreement. I suspect that this is also the true ...
ohwilleke's user avatar
  • 218k
28 votes

What rights does a dead body have? Can crimes be committed against one?

The answer by bdb484 is correct in all respects, but this answer expands upon it. The top line conclusion that dead bodies do not have rights and are not legal persons are correct. Dead bodies are ...
ohwilleke's user avatar
  • 218k
27 votes

Baseball caught: Ownership? Can one leave?

Who owned the ball? Was it actually the woman's? My own legal assessment leans to "no" because no transfer of ownership was intended and the ball was probably not "abandoned". On ...
Nate Eldredge's user avatar
26 votes

OpenAI employees' move to Microsoft: Non-compete regulations?

Non-compete clauses are not enforceable in California unless it in conjunction with the purchase of a business. This has been true for a very long time. On top of that, this year (2023) a law was ...
George White's user avatar
  • 12.8k
23 votes

Is it legal for credit card companies to terminate a credit card?

Is it legal for Amex to close an account assuming they have no other legal reason and it's purely capricious behavior? Yes. A credit card can indeed terminate a card at any time. A credit limit is ...
ohwilleke's user avatar
  • 218k
22 votes
Accepted

What award can an unpaid independent contractor expect? What are the legal incentives to pay contractors?

What awards can I expect? In what ways would a judge's decisions about awards be legally limited? $500? Interest? Time spent pursuing collections? Filing fee? Anything else? My research so far ...
ohwilleke's user avatar
  • 218k
18 votes
Accepted

Is a U-turn legal if it's done at median break without a turn lane?

From California Driver’s Handbook, Section 6: Navigating the Roads: U-Turns A U-turn is when you turn your vehicle around to go back in the direction you came. To make a U-turn, signal and use the ...
phoog's user avatar
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15 votes

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

Or will "new Bob" be let go and have a new life? I think that outcome is very unlikely. There's no particular requirement that those in the custody of the criminal justice system actually ...
Steve's user avatar
  • 2,605
12 votes

Is publishing defamatory statements from an "anonymous source" protected?

canada Reporting that is based on an anonymous or confidential source has no special protections. The statement may still be defamatory, and the publisher of the reporting would have the standard ...
Jen's user avatar
  • 57k
12 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Carl might be interested in bringing a civil lawsuit against Scarlett arising out of the scam, but in doing so, would probably waive any right he had (if any) to keep his own involvement secret and by ...
ohwilleke's user avatar
  • 218k
11 votes

Victim Anonymity in Criminal Proceedings

canada The charging document must identify the complainant / victim to the accused with sufficient particularity to give the accused the ability to mount a full answer and defence. For an assault, ...
Jen's user avatar
  • 57k
10 votes

What rights does a dead body have? Can crimes be committed against one?

germany In Germany (and other countries around it) there is a concept called "Störung der Totenruhe" which kind of translates to disturbing the rest/peace/quiet/dignity of the dead and it is ...
Yanick Salzmann's user avatar
8 votes

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

united-states If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished? The U.S. Constitution, and most state constitutions, do not forbid the ...
ohwilleke's user avatar
  • 218k
8 votes

Can legal action be reasonably taken against someone for providing incentive to hurt yourself?

There is no established tort or statutory cause of action under which Sam would be liable. Sam has no duty of care to Peter to not place Sam's own money at risk of destruction. The only duty in the ...
Jen's user avatar
  • 57k
8 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Every offence, by either party, can be independently prosecuted. Whether a person who has themselves committed an offence will avoid reporting or co-operating is not a legal question. Intent to commit ...
Jen's user avatar
  • 57k
7 votes

Can an employer deduct PPE from pay?

australia The Person Controlling the Business or Undertaking (PCBU) is required to provide and is not permitted to charge for Personal Protective Equipment (PPE) A PCBU is a term that includes but is ...
Dale M's user avatar
  • 211k
7 votes

Can an employer deduct PPE from pay?

germany Arbeitsschutzgesetz - § 3 Grundpflichten des Arbeitgebers: Der Arbeitgeber ist verpflichtet, die erforderlichen Maßnahmen des Arbeitsschutzes unter Berücksichtigung der Umstände zu treffen, ...
nvoigt's user avatar
  • 7,510
6 votes

Is publishing defamatory statements from an "anonymous source" protected?

It depends -- primarily on whether the Post believed its own story. Both the anonymous source and the Post are potential targets for the lawsuit. Adding "according to such and such" to a ...
bdb484's user avatar
  • 60.3k
6 votes

At what point does a DUI begin?

canada Assuming impairment or a blood-alcohol level above the prohibited amount can be proved, the complete offence is made out at least as soon as the accused occupies the driver's seat. This is ...
Jen's user avatar
  • 57k
6 votes

Are "Service Vehicle Only" signs enforceable?

Being on someone's private property when you know the owner refused/refuses to give you permission to be there sometimes constitutes the crime of trespass. Depending on the circumstances, some ...
herisson's user avatar
  • 604
6 votes

Can legal action be reasonably taken against someone spoiling your work?

Commentary and Critique are Quintessential Fair Use If your commentary and critique of describing a book you read or a movie you watched makes that book or movie undesirable to the broad public, that ...
Trish's user avatar
  • 39.8k
6 votes

(US) San Francisco: worst that can happen if you enter a shop and start eating?

You would probably be arrested and prosecuted for a misdemeanor offense called "shoplifting," punishable by up to 6 months in county jail. The assumption of the question that you would not ...
ohwilleke's user avatar
  • 218k
6 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

If Scarlet's crime is more serious than Carl's, he might be able to negotiate immunity for his own crime in return for providing evidence and testimony needed to convict Scarlet. But he's taking a ...
Barmar's user avatar
  • 2,164
5 votes
Accepted

Working a car cleaner now, my manager asked me to take some pictures before cleaning and after clearing, privacy issue of the car owner

Working a mobile car cleaner now, my manager asked me to take some pictures before cleaning and after clearing, privacy issue of the car owner California law creates an expectation of consent for ...
ohwilleke's user avatar
  • 218k
5 votes

Can I charge a specific house hack tenant utilities but not the other tenants?

You can set whatever rental and utility costs the tenants agree to in a lease. You can't generally modify the division of utility costs unilaterally. But, since the lease is month to month, you can ...
ohwilleke's user avatar
  • 218k

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