New answers tagged

-2

Some of the answers posted here are insanely off-base. Restrictions on the speech of government employees have nothing to do with the public's right to engage in speech. Nor is a county, state or federal facility to be treated as a private business simply because it operates in a business-like fashion. Otherwise, the government could "operate" any of its ...


4

Is this something that an employer can just do? That is very unlikely, although strictly speaking there is not enough information to answer either yes or no. Section 2810.5(a)(1)(C) of the California Labor Code provides that "[a]t the time of hiring, an employer shall provide to each employee a written notice [...] containing the following information: [......


0

If it’s an international arbitration- yes California allows representatives who are allowed to to represent in arbitration in their home jurisdiction (which can be non-lawyers in some) to represent you in international arbitration. For domestic arbitration, this is legal practice and requires a California license.


0

You can legally hire anyone you want, because the legal restriction is on the person being hired. Unauthorized practice of law is illegal in California (and elsewhere). The statutory leverage is here, which imposes penalties for the unauthorized practice of law. It is possible that you can find a law-breaker who will "help" you. The difficult part is finding ...


1

It really depends on the type of the case, and what exactly you anticipate the adverse party would do to "drag" you into a long litigation. It also depends on the litigation style of the adverse party. Generally, the court has a fair amount of discretion over award of attorney fees and court costs. It's best to talk to a lawyer and get some context-specific ...


13

The Rent Ordinance para (e) explicitly precludes that possibility: Any waiver by a tenant of rights under this Chapter 37 shall be void as contrary to public policy. If he attempts to enforce such a clause or in any way dislodge you from the unit, he is liable for a substantial penalty. The legality of a rebate scheme is not clear, but probably would ...


3

The issue is not exactly with minors, it is with FERPA and COPPA. This assumes that you have some indication of what students are connected to the web page. If you have students under 13 (surely you do), you need verifiable parental consent. The FTC approves or disapproves particular methods of verification, here is their page on that. One approved and ...


2

I expect there to be some "clarifications" of the order, which orders all residents of California to stay home and does few exceptions. There is an exception for people doing to work in "16 critical infrastructure areas", but no exception that allows you to go to the grocery store. However, it later says that "when people need to leave their mores or places ...


2

If you escape from state prison and flee to another state, that fleeing is a federal crime. Escape from federal prison is a federal crime (thus pursued by the federal government). Otherwise, escape from (California) prison is a California crime, pursued by California. The federal law regarding escape is stated in terms of who has custody, not the ...


3

In Germany, had the store not called the police (or paramedics), they would have been charged for not doing so under Section 323c. Other jurisdictions will no doubt have similar laws. On arrival, being informed that you ran away - but thankfully paid with a credit card - the police will try to find you. They are not allowed to make a determination that ...


0

It is not a crime, but may still be illegal. A "threat" to commit suicide does not fall under the definition of "criminal threat" under California law. The person being "threatened" has no reasons to fear for their own safety and well-being other than possibly facing liability for failing to prevent suicide and/or feeling distressed. Still, a person "...


1

Other aspects aside, are you in legal peril for threatening to commit suicide? Not in the direct sense. It's not illegal to attempt to emotionally manipulate someone. However, it would be a fairly common reaction to call the police when someone is acting as though they are a harm to themselves or others. I have no doubt that had you remained until the ...


1

In practice, reasonable suspicion will usually be self-evident in the face of a shelter in place order, and hence will justify a Terry stop. Neither the reasonable suspicion standard or probable cause standard are modified per se in a health emergency. But, there are circumstances when a health emergency might justify a checkpoint at which everyone is ...


2

When you threaten to commit suicide in front of me, of course I will call the police, hoping that they will arrive in time to save your life. Any decent person would do that. The police aren't called to throw you in jail, but to save your life. As far as your money is concerned, you showed clearly that you are mentally disturbed, so your claim that you ...


4

The principle of constitutional law is that in order to arrest you, the officer would need probable cause. Certain acts are in themselves violations of the order (being closer to another person that 6 feet, illegal sneezing). Walking in public does not per se constitute a violation. In order to briefly stop a person walking on the street (a "Terry stop"), ...


2

All the laws apply to you. But you have extra rules: the conditions of your visa. Non-citizens are present at the pleasure of the government, and the big four they don't want (unless visa allows) are overstaying the visa, seeking employ, using public support, and committing crimes. You also have an extra consequence: refusal on your next attempt to ...


24

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. California does not have a law generally prohibiting the use of marijuana, though public consumption is illegal, minor consumption is illegal, and possession ...


8

only federal law applies to foreigners This is not correct. For example, there is no federal law criminalizing murder generally. (There are federal laws criminalizing murder in certain specific circumstances.) If you killed the shopkeeper around the corner, you probably would not have violated any federal law. You will of course be subject to ...


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