40
In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers also use this disclaimer to avoid any 'constructive implication' of attorney-client relationship.
28
This would seem to fall under "negative" freedom of association; that is, the freedom to not associate with certain other people.
This article discusses the matter in the context of individuals who refused to join a trade union: the ECHR decided that the right to not join a union is just as much a part of freedom of association as the right to join ...
27
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.
26
The goal of the GDPR is to ensure a single market for personal data processing throughout the EU. Since all EU/EEA member states now have equivalent levels of data protection, it doesn't matter in which member state data is stored or processed. Member states cannot generally limit this single market via national laws.
Furthermore, secure processing may be ...
26
In general, a German landlord needs to give at least 24 hours notice before he can enter a home, and allowance from the renter. The renter also has the "Hausrecht", not the landlord.
There are exceptions, most of them to prevent damage from an ongoing danger threatening the house. A clear example would be a broken water pipe.
1 week notice also ...
26
German law applies
As your mother was a German national, German law applies to all her property worldwide.
US state law applies
As your mother was a permanent resident of a US state, its law applies.
Conflict of Laws
It is unlikely (read impossible) that you will be able to comply with both laws simultaneously. You, therefore, have a conflict of laws ...
24
The laws you are looking for are §§144 ff Abgabeordnung (AO) and are for those who are required by law (earnings greater € 500000) to retain their bank statements and wish to do so in an electronic form (§146a AO).
So when needed as proof for the tax office, this unchangeable PDF format is needed.
The law does not forbid the bank to also give out the bank ...
24
Asking as such is hardly ever illegal. Any stranger can ask you to pick up their kids from school, like you always can tell them where to go.
What I guess you are actually asking is whether the PI can require you to do it. No they probably cannot: it would have nothing to do with the matter of your contract or nature of your professional relationship with ...
16
What most of your quotes are based on is this general consensus reached by the federal and state governments on how to proceed.
The actually legal implementation happens on the state level in form of decrees.
Therefore, the quoted texts are not to be taken as legal text, but human-readable¹. In particular they are not to be taken painstakingly literal, but ...
15
It is complicated. The US (state) law and the German law both have rules on conflict of laws. I can only deal with the German part:
The deciding law is the Regulation (EU) No 650/2012 for the applicable law in matters of succession. The deceased did not choose a law. Art. 21 § 1 says:
Unless otherwise provided for in this Regulation, the law applicable to ...
15
Precedents And General Considerations
There are cases of similar things happening in Protestant churches and it ends up being quite case by case fact specific with details of how title is held to property, the exact language of governance documents, since Protestant churches are organized at a governance level, and hold property titled in a variety of ways. ...
14
The COVID restrictions are new enough that there are few court decisions on how to interpret them. There are frequent requests for court injunctions seeking temporary relief. Some pass, some are denied.
The website might accuse locations listed there of breaking the restrictions. Making such an accusation in public sounds like a very bad idea, especially if ...
14
Hacking into a computer owned by someone else and accessing the data stored on it without permission is a misdemeanor according to StGB 202a (de|en). But only if it's successful. So a failed attempt isn't a misdemeanor yet.
When you notice that someone might have committed a criminal offence (regardless of whether you are a victim or just a witness), then ...
13
There is actually a rather recent law in Germany which would make nonconsensual distribution of images which could damage the reputation of a person illegal: §201a StGB [de|en] "Violation of intimate privacy by taking photographs or other images".
This law says that:
whoever, without being authorised to do so, makes available to a third party a ...
13
Federal law protecting public holidays
This explains that this has been the law since 1952 when the FRG was granted autonomy following World War 2.
They are films that contradict the "serious nature" of these holidays and which are to be feared that they violate "religious and moral feelings", according to the guideline of the FSK .
Which ...
12
Once your rental contract starts, your landlord must give you access to the rented flat. If he doesn't do so he is in breach of contract. You could sue him, but that would be a bad start for a longer term contractual agreement. It might be less time and effort to look for a new flat. And do you really want to be in a long term contract with someone who ...
12
The page owner might be breaking the law in three ways:
She might unrightfully claim that certain businesses are breaking the law, punishable as defamation and under civil law.
She might help others to break the law.
She might instigate others to the illegal act of not wearing a mask.
However, I see some similarities to the unpunished act of publishing ...
11
Section 103 of the German criminal code states:
(1) Whosoever insults a foreign head of state, or, with respect to his
position, a member of a foreign government who is in Germany in his
official capacity, or a head of a foreign diplomatic mission who is
accredited in the Federal territory shall be liable to imprisonment
not exceeding three years ...
11
Murder is one of the few cases where the intention and not just the act is relevant. The act – killing a person – is the same for Mord and Totschlag, whereas fahrlässige Tötung covers acts that have caused the death of a person. The language of the Stgb labels the perpetrator who killed someone as a murderer or manslaughterer depending on their intention.
...
11
The Black and White
In the USA -- and I imagine in most places -- employees are only contract-bound to carry out the terms of their contract. If you are not contracted to do a certain task, then you are not legally obligated to do that thing as part of your job.
In short: it depends on the terms of the contract.
The Gray
Of course, no contract outlines every ...
10
All residents in Germany need to have a registered address. The reasons for that are numerous:
no need for a separate voting registration,
it gives a place to deliver legal notices,
it helps enforcing tax regulation (though tax law has another definition of "residence"),
certain taxes are assigned to the municipality where you are registered,
no need to do ...
10
The German Bar Association published an article about your rights in traffic controls (Polizeikontrolle: Das sind Ihre Rechte, July 2018) and an article about your rights in identity checks (Was darf die Polizei bei einer Personenkontrolle?, June 2018).
Traffic check
You do have to
answer questions for determining your identity (see section about ...
10
The first line is “who kills a person”. That is clearly doing something. And the last three lines describe the motivation, not what you are. That’s very similar to “first degree” and “second degree” murder in the USA although the exact criteria are different - “planning” is not part of the German definition although any German murder is likely planned.
...
10
You are referring to article 9 of Regulation (EU) No 1169/2011 which contains:
Article 9 List of mandatory particulars
In accordance with Articles 10 to 35 and subject to the exceptions contained in this Chapter, indication of the following particulars shall be mandatory:
(...)
(l) a nutrition declaration.
In a comment you clarify that you are talking ...
10
In Germany, the organizer or someone designated by them can exclude people from the event, but enforcement is up to the police.
A police coordinator will be near the organizer during the entire event. Stewards report disturbances they cannot clear themselves to the organizer, who then coordinates with police.
A good summary is on the ver.di website.
In ...
9
According to German law (Jugendschutzgesetz), §9:
Minors 14 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, when accompanied by a Custodial Person,
Minors 16 years of age and older may drink undistilled alcoholic beverages, such as wine and beer, without accompaniment, and
Adults (18 and older) may drink distilled ...
9
You need, at least, to let the person receive 2 reminders which have to name a reasonable period (after the first exceeds, you can send the second) and if the last deadline exceeds, you have the possibility of escalating further.
Although often repeated, this is not correct which makes most of your argument moot. By German law (specifically § 286 BGB) these ...
9
Trials in German criminal cases are generally open to the public (subject to exceptions similar to those in the U.S.) and there is a presumption of innocence until proof beyond a reasonable doubt establishes otherwise in its criminal justice system. The authority for this and the history of this are explored below.
In a criminal case in Germany, according ...
9
From the German lawyer association ("Deutscher Anwaltverein") one can find the following (Google-translation):
In the case of a purely preventive identity check, the officers are initially only allowed to determine the identity of the respondent. This means that you can ask for your name, date and place of birth, home address and nationality and ...
8
Some states in the United States have laws specifically about selling theses (etc.) For example, see Pennsylvania Code Title 18 - CRIMES AND OFFENSES Chapter 73 - Trade and Commerce 7324 - Unlawful sale of dissertations, theses and term papers:
No person shall sell or offer for distribution any dissertation,
thesis, term paper, essay, report or ...
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