14
votes
Can a court’s decision be copyrighted?
No in united-states
The court is part of the trifecta of government - it's part of the Judicative. The government can not have copyright in its works: 17 USC 105 declares such papers to be without ...
13
votes
Why do the police announce the time when they arrest somebody?
There are clear rules about the length of time a suspect can be held.
The UK government says in
Being arrested: your rights
How long you can be held in custody
The police can hold you for up to 24 ...
11
votes
Can a court’s decision be copyrighted?
united-kingdom
Generally the UK judgments available from the Courts and Tribunals Judicary website and BAILII are asserted to be Crown copyright and licensed for use under the Open Government Licence.
10
votes
Accepted
Who is liable for a resident mental care patient intruding someone's property?
united-states
The patient is personally liable unless the underlying law has a requirement of specific intent. There is a tort law rule stated in the Restatement (Second) of Torts that
Unless the ...
9
votes
Accepted
Who is breaking the law if a child engages in the gig economy?
Alice sets up a food delivery gig economy website alice.com, and requires people to be 18 or older to register in the terms and conditions.
Bob, aged 19, registers on the website.
Nothing illegal ...
6
votes
Accepted
What did it mean to be “declared infamous”?
Infamy was a declaration that generally stripped a person of his legal status. This could include a loss of rights to contract, to testify in court, to vote, to serve in the military, to speak in ...
6
votes
Can a court’s decision be copyrighted?
new-south-wales
Not only can it be, it is copyright
Copyright in judicial decisions continues to reside in the State pursuant to the Copyright in Judicial Decisions Notice 1995 (NSW).
There is a ...
6
votes
Can a court’s decision be copyrighted?
In slovakia, it cannot:
§ 5 par. b) of the copyright law 185/2015 Z. z. says explicitely:
Za predmet autorského práva sa nepovažuje
...
b) text právneho predpisu, úradné rozhodnutie alebo súdne ...
5
votes
Does the context of one’s displays of Nazi emblems matter to its legality?
germany
Everything I could write is better said in the wikipedia page on the topic. You can see all the links to legal norms, a list of over 100 links to court cases and newspaper articles on the ...
5
votes
Can meeting of the minds be premised on a dialog with an agent even though terms are accepted on a webpage?
No
As described, Bob and the agent clearly did not have anything like a meeting of the minds necessary to form a contract. In fact, the agent explicitly said they could not accept the booking.
...
4
votes
Accepted
Why wasn’t trial by combat invalid by way of desuetude in Ashford v Thornton?
On the contrary, desuetude is the older idea. The newer one is that acts of the legislature remain fully effective, up to the time that some other statute repeals them (directly or by implication). In ...
4
votes
What is the threshold for reasonable force when one is being mugged or assaulted?
canada
In summary:
The source of Bob's idea does not matter.
The act needs to be taken with the purpose of defending oneself.
There is no "threshold" — reasonableness is judged based on all ...
4
votes
Accepted
How did international/colonial jurisdictions deal with the combination of law and equity?
Differently
It is not correct to say that English common law and equity was merged in the judicial reforms of the 1870s; they remained distinct areas of law. What changed is that they were ...
4
votes
What would one have to prove to use the truth defence in a libel claim of racism?
The defence would be "fair comment" in Canada, or "honest opinion" in the U.K.
canada
A claim that someone is racist would have to be defended under the "fair comment" ...
4
votes
Spending overpaid stipend instalments
ontario
Overpayments from the Student Assistance Program are recoverable by the government. The Social Benefits Tribunal, however, has discretion to vary or defer the amount recoverable. Typically ...
4
votes
What are the cross-jurisdictional effects of British police powers?
Within the united-kingdom there are england-and-wales, scotland and northern-ireland.
Broadly speaking:
A police officer from one country can cross a border into another country to execute an arrest ...
4
votes
Accepted
Where does the idiomatic term “caution+3” come from?
See https://www.hja.net/expert-comments/blog/general-crime/what-to-do-if-contacted-by-the-police-for-an-interview-under-caution/
The reason it is called a caution plus 3 interview is because at the ...
3
votes
Does ownership of an abandoned/lost item at some point “revert” to the person who has found it?
germany
Alice would be required to report the incident to the municipal lost&found office (Fundbüro). If Omar does not inquire for the item within six months, Alice can start to use it, but not ...
3
votes
Does the context of one’s displays of Nazi emblems matter to its legality?
england-and-wales
Does the context of one’s displays of Nazi emblems matter to its legality?
Yes.
There's no blanket ban on the display of Nazi symbols.
Generally they can be used in fact- or ...
3
votes
Are plane tickets purchased online subject to “cooling off period” / buyer’s remorse right of withdrawal
united-kingdom
No - passenger transport services are exempt, therefore the company's cancellation conditions apply.
The relevant law is Part 3 of The Consumer Contracts (Information, Cancellation and ...
3
votes
Are writs rooted in equity?
No
A writ is simply an order issued under legal authority for someone to do or not do something.
Today the word is usually associated with orders by a court but historically, they applied to ...
3
votes
Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation?
The public sector equality duty (PSED) at section 149 Equality Act 2010 has nothing to do with overseas terror groups.
Aside from the lack of extraterritorial scope, none of the protected ...
3
votes
Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation?
See R (on the application of Marouf) v Secretary of State for the Home Department [2023] UKSC 23.
The public sector equality duty does not have extraterritorial scope. The duty has the purpose of ...
2
votes
Accepted
Legality of tearing down Israeli kidnapping victim posters
Fly-posting
Under the Town and Country Planning Act 1990 it is illegal to display an advertisement (a word that captures these posters) without permission punishable by a fine of £1,000 plus £100 a ...
2
votes
When does the grace period start for private parking?
For a car park covered by the British Parking Association's Approved Operator Code of Practice:
The 'Grace Period' (at least 10 mins) starts at the end of the 'parking period' (when the parking period ...
2
votes
Is it possible the destruction of tents in central London is legal?
Your question would be much improved if it acknowledged more prominently that Veolia is working as a cleaning and garbage collection company.
Coming in after the police forced homeless people to leave ...
2
votes
Accepted
What is the threshold for reasonable force when one is being mugged or assaulted?
england-and-wales
Self-defence isn't available as a defence to charges of sexual offences.
Other than that, there isn't such a "threshold" defined by law. There's no requirement for "...
2
votes
Are writs rooted in equity?
Writs are not unique to equity. Writs developed as essentially template actions and associated orders in both law courts and chancery. They eventually crystalized around a fixed set of wrongs and ...
2
votes
Are plane tickets purchased online subject to “cooling off period” / buyer’s remorse right of withdrawal
australia
There is no cooling off period for most contracts including online sales
Cooling-off periods only apply to a limited number of transactions including:
telemarketing and door-to-door sales (...
2
votes
Can a court’s decision be copyrighted?
Not in brazil. Law 9.610/98 (our copyright law):
Art. 8º Não são objeto de proteção como direitos autorais de que trata
esta Lei:
[...]
IV - os textos de tratados ou convenções, leis, decretos,
...
Only top scored, non community-wiki answers of a minimum length are eligible
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