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 ...
user avatar
  • 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 ...
user avatar
  • 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. ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 "...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
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 ...
user avatar
  • 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 ...
user avatar
  • 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. ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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 ...
user avatar
  • 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. ...
user avatar
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 ...
user avatar
  • 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 ...
user avatar
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 ...
user avatar
  • 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 ...
user avatar
  • 2,799

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