54 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

In Torcaso v. Watkins, 367 U.S. 488 (1961), the US Supreme Court ruled unanimously that a similar provision in Maryland's constitution violated the First Amendment and could not be enforced. So ...
28 votes
Accepted

Order of precedence in cases where more than one nation has an interest?

DUI is a crime under Massachusetts law so Kurt would be prosecuted there by that state. Germany would offer consular assistance but this would not extend to preparing or paying for his defence. If ...
  • 162k
27 votes
Accepted

Can the right to self-represent be waived due to conflict of interest?

The purpose of the conflict of interest rules is to ensure that attorneys are acting in the interests of the clients they represent in that particular case and not their own interests, the interests ...
25 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

Not that the freedom of religion clause of the First Amendment of the US Constitution isn't relevant, but North Carolina's Article VI seems to contradict explicitly Article VI, Clause 3 of the US ...
  • 521
18 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

Why was the constitution not changed? Probably because there were enough politicians who didn't want to be labelled as someone who allowed atheists to take office. It doesn't matter that atheists were ...
  • 1,671
15 votes
Accepted

Am I obligated to pay a mortgage if a region is annexed?

The law applicable to immovables is the law of the situs (lex rei sitae), i.e. the law of the country where the immovable property is located. This is important because this law changed after the ...
11 votes

When in court, how do you determine when to push the rules aside and make up your own?

It is true that in the US, valid Federal law supersedes state law or regulation when there is a conflict. Precisely because of this, state laws and regulations are normally carefully written to avoid ...
11 votes

Am I obligated to pay a mortgage if a region is annexed?

The outcome would come down to a case by case basis resolution. For example, the American Revolution was not held to invalidate private debts owed to British debtors (indeed, the U.S. Constitution ...
  • 144k
9 votes
Accepted

Conditions that denote as true (allowed) or false (not allowed) for a written law

The general rule is, anything is allowed unless it is forbidden (and not that you can only do things that are expressly permitted). The logical structure of law may be a bit more challenging than ...
  • 169k
9 votes

Can the right to self-represent be waived due to conflict of interest?

england-and-wales I suspect the OP has misunderstood the concept of Conflict of Interest. It refers to solicitors - not Litigants in Person - who are acting for (a) a client where there is a conflict ...
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8 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

No court case or official regulation or attorney general's opinion has specifically held that the North Carolina provision is unconstitutional because it conflicts with Article VI, Clause 3 of the US ...
  • 144k
8 votes

When does US state law apply on the high seas?

California courts have held that state's labor law applicable to mariners on a vessel based in California, and mostly working in local waters, even when the ship's voyage took it into federal or ...
6 votes

GDPR - Right to erasure - Conflicting laws

Great question - I work for a London based company who use a large amount of location data. The process for deletion of data is not as simple as it first sounds. We recently had a deep dive with our ...
5 votes
Accepted

What happens when court orders issued by different countries contradict each other?

These situations do come up (and incidentally, this is nothing new, it has been a difficult and recurring legal issue since at least the 18th century), and they really suck to be in, and often there ...
  • 144k
4 votes

Order of precedence in cases where more than one nation has an interest?

The kind of interest analysis you are discussing is normally done for choice of law purposes in civil cases, not in criminal cases. Criminal courts always apply only their own penal laws. See, e.g., ...
  • 144k
4 votes

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Is this legal? Yes Or does it mean that employee will be in breach of his/her contract? Yes You are assuming that if the evidence is allowed to be presented then that automatically means that ...
  • 162k
3 votes
Accepted

What jurisdiction do remote workers fall under?

(Standard disclaimer: I am not your lawyer. I am not here to help you.) You've tagged this "labor law," but as I understand it a big part of this question is about international contract disputes ...
3 votes

What jurisdiction do remote workers fall under?

Most often with these arrangements, even with the more permanent ones, you're not actually an employee, but rather still a contractor / vendor, thus the employment laws would not apply at all. ...
  • 4,810
3 votes

What jurisdiction do remote workers fall under?

I found a mention of this issue here, where the case Rhonda Eddy v. Ingenesis was cited. Eddy worked from home in West Virginia, but had signed her contract with a company headquartered in Texas. The ...
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3 votes

GDPR - Right to erasure - Conflicting laws

From discussions and training I have some extra information that somewhat answers my question by further complicating it. Article 30 Records of Processing You are required to keep records of all ...
  • 344
3 votes

Order of precedence in cases where more than one nation has an interest?

Britain could go to war with Germany. This assumes that "Alice" is (was) Princess Alice of the United Kingdom, VA, CI (Alice Maud Mary; 25 April 1843 – 14 December 1878; later Princess Louis of Hesse ...
  • 147
3 votes

Can the right to self-represent be waived due to conflict of interest?

Can the right to self-represent be waived due to conflict of interest? The existence of a current or prior relation does not forfeit the parties' right to litigate in pro per. The legal concept of ...
3 votes
Accepted

"Penetration testing" of laws

are there jobs for something similar except the vulnerabilities are to be found in the constitution, laws, etc.? Yes, but they (1) take forms that are more subtle than straight-forward labels such as ...
3 votes
Accepted

How can US lawyers deal with the difference in the laws of at least 62 US jurisdictions?

It's virtually never going to be as complex as you're imagining. First, because in the vast majority of cases, the vast majority of lawyers will only be dealing with one body of law: either federal ...
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3 votes

When does US state law apply on the high seas?

The general rule is that activities on the high seas are subject to federal law, both under general principles of admiralty law (which "consists of both domestic law on maritime activities, and ...
  • 144k
3 votes

Catch 22 laws - only have 2 options and both are illegal?

There's a bit of confusion in the question's comments as to whether "trapping" in these circumstances is unlawful: He found an injured deer in his garden, and trapped it in his shed whilst ...
  • 25.3k
2 votes

Conflict of Laws: Single Jurisdiction

"Conflict of Laws" refers only to competing jurisdictional issues, not laws within a single jurisdiction which appear to "conflict" with each other. Competing jurisdictional issues arise where more ...
2 votes

Conflicting Terms after Post-Merger of Companies

It depends There are two possibilities when company A acquires company B: Company B continues its existence with a new owner. In that case the state is in exactly the same position as it was before ...
  • 162k
1 vote

How can US lawyers deal with the difference in the laws of at least 62 US jurisdictions?

They don’t A lawyer registers in those jurisdictions they wish to practice in. Further, many lawyers, particularly those that operate across multiple jurisdictions, specialise in the area of law. If a ...
  • 162k
1 vote

"Penetration testing" of laws

Judge The job of a judge is to decide the case before them which requires them to decide what the facts are and apply the law to the facts. In the vast majority of cases, the outcome hinges on ...
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