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65 votes
Accepted

Is it stealing if three books are allowed to be taken for free and I take more?

This has been prosecuted criminally, in the scenario of people taking a huge pile of "free" newspapers to sell for recycling. See coverage in the Independent from 16 February 2019. Some ...
alexg's user avatar
  • 7,000
38 votes
Accepted

By what provisions are foreign students not allowed to work as deliveroo drivers?

Deliveroo requires riders to have the right to work self-employed. The Immigration Rules for the Tier 4/Student visa say that foreign students may not be self-employed. ST 26.5. A Student is not ...
Lag's user avatar
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29 votes

Is it an offence to disregard a no-contact court order when the other person is extremely complicit?

united-states Will Bob face repercussions for violating his court orders conditions when it was done with the full active complicity of Alice, if Alice then decides she would like to use this mutual ...
ohwilleke's user avatar
  • 221k
29 votes

What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Paper put out for waste collection is owned by the waste disposal service Abdul's News & Wine contracts with the city's waste disposal company. Under that contract, he may give his waste to the ...
Trish's user avatar
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26 votes

Is it stealing if three books are allowed to be taken for free and I take more?

If something is given away for free it still belongs to the person giving it away. Until they give it away. They don't give away more than 3 books per visit. If one takes more, they steal the excess, ...
Greendrake's user avatar
  • 27.2k
23 votes

What is the smallest audience for a communication that has been deemed capable of defamation?

canada Damages for libel have been awarded based on publication to a single individual. The elements of defamation are (Grant v. Torstar Corp., 2009 SCC 61, para. 28): (1) that the impugned words ...
Jen's user avatar
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22 votes
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Does GDPR apply when PII is already publicly available?

The site would combine the data in novel ways, which is processing the data. Processing personal data which is publicly available is still processing personal data. You would have to take GDPR into ...
o.m.'s user avatar
  • 18.3k
21 votes

How many witnesses’ testimony constitutes or transcends reasonable doubt?

One might be enough, 10,000 might not be enough In some cases, no eyewitnesses may be enough. The trier of fact (the jury if there is one, the judge if there isn’t) decides what weight to give to the ...
Dale M's user avatar
  • 213k
21 votes
Accepted

Legal Rule that computers are presumed to be operating correctly

The article itself answers the question, albeit not in the most direct way. It cites Law Commission (England & Wales) Report No LC245 (1997), which discusses the relevant law in significant depth ...
experimenthouse's user avatar
20 votes

How can misattributed paternity cause "a welfare minefield"?

I could not find an official record of the court ruling referenced in the question until Lag provided a link in a comment. Based on the news coverage, my guess was that the judge's reference to a &...
herisson's user avatar
  • 604
18 votes

Are there any legal provisions that concern males entering various types of business establishments without a shirt?

england-and-wales There's no law specifying that shirts must be worn by people visiting shops or restaurants. As the owner or tenant of the property the business can set the rules for who is allowed ...
Lag's user avatar
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18 votes
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Is it an offence to disregard a no-contact court order when the other person is extremely complicit?

england-and-wales The answer is a solid "it depends". The first issue is whether a no-contact order would happen in the first place. If Alice didn't ask for it in her victim statement, it ...
Graham's user avatar
  • 2,779
16 votes

Whose responsibility is VAT?

The vendor is required to charge and pay VAT, unless exempt for the particular goods or services. Here is what is exempt: there are a few services exempted, for instance alterations made to a ...
user6726's user avatar
  • 215k
15 votes
Accepted

How many witnesses’ testimony constitutes or transcends reasonable doubt?

Is Charles’s word enough to convict Alice of a crime? Usually yes unless his is discredited or found unreliable. He may be discredited if he has history of being dishonest, especially if convicted ...
Greendrake's user avatar
  • 27.2k
15 votes

Are punitive contractual clauses enforceable?

england-and-wales The courts are generally loath to recognise that a party has anything but an economic interest in the performance of a contract. And that the party's interest is not in strict ...
Steve's user avatar
  • 2,605
15 votes

Can a person commit a racially/religiously aggravated or hate crime against their own group?

united-states In the U.S., you can commit hate crimes and/or illegal discrimination against a group that you belong to, although, as a matter of evidence, it is harder to get a jury to believe that ...
ohwilleke's user avatar
  • 221k
15 votes
Accepted

Is a mistakenly sent bank transfer a cause for unjust enrichment?

Not only does Bob have an unjust enrichment cause of action to demand that the recipient return the money, but the recipient can be criminally prosecuted if they refuse. Refusing to make reasonable ...
Acccumulation's user avatar
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 ...
Trish's user avatar
  • 40.8k
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 ...
Weather Vane's user avatar
  • 3,211
13 votes
Accepted

Why is theft triable either way?

See section 17 of the Magistrates' Courts Act 1980: The offences listed in Schedule 1 to this Act shall be triable either way. Schedule 1 of that Act, para. 28 lists: All indictable offences under ...
Jen's user avatar
  • 59.9k
13 votes

Does a judge have discretion in their verdict when it seems beyond reasonable doubt that the defendant is factually guilty of the charged offences?

While your understanding of the Human Rights Act is broadly correct, by section 3 of the Act, legislation must be read and given effect in a way which is compatible with the Convention rights. This ...
sjy's user avatar
  • 9,296
12 votes

How many witnesses’ testimony constitutes or transcends reasonable doubt?

The number of witnesses does not mathematically add up to reasonable doubt or not. It all depends on what the jury finds credible. Dozens of witnesses who hated Alice would not be so credible as one ...
Mary's user avatar
  • 1,399
12 votes

Are there any legal provisions that concern males entering various types of business establishments without a shirt?

In the U.S. there is frequent signage on store and restaurant fronts that amounts to a "No shirt, no shoes, no service" message. This would likely fall under a pre-emptive "Trespass&...
hszmv's user avatar
  • 23k
12 votes

Legal implication of shutting another’s windows from the outside

Bob must not interfere with another person's property without permission. It is either trespass to land or trespass to chattels, or both, depending on how the window pane is classified and depending ...
Jen's user avatar
  • 59.9k
12 votes
Accepted

What provision commonly allows police to enter one’s home following one’s arrest to search for stolen property?

england-and-wales There are several possible ways that search powers can arise, with or without a warrant. If it is a case of "stealing things" then the Theft Act 1968, s.26 lets a justice ...
alexg's user avatar
  • 7,000
12 votes

Dual Criminality for weapons?

Canada and most other jurisdictions internationally have opted to implement the double criminality principle through the conduct-based approach that asks whether the conduct in the foreign ...
Jen's user avatar
  • 59.9k
12 votes

The principle of legality in criminal law, and the common law

The rough idea is that people are expected to know that it's wrong to bash other people over the head with a snooker cue, even if they can't cite the exact legal reason why this might be a criminal ...
alexg's user avatar
  • 7,000
11 votes
Accepted

Damaged library books by accident

If this is a public library in England or Wales, then they are allowed to charge for lost or damaged items, at their discretion, even though there is a general duty for libraries to make their normal ...
alexg's user avatar
  • 7,000
11 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 ...
Trish's user avatar
  • 40.8k

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