65

The answer from @user6726 is a good one. But, I'd like to add to it by pointing out that the body of law applicable to an individual is usually much, much smaller than the entire body of law. I'm a lawyer who has been in private practice for almost 25 years with an extreme diverse practice compared to the average lawyer, and I've never even looked at perhaps ...


56

Isn’t this discrimination since nationals do not have to apply? Yes it is discrimination. But that does not make it illegal. In fact discrimination is in general legal unless it is based on some characteristic which is specifically forbidden as a basis for discrimination (e.g. race). And in general, all of the countries in the world allow and enforce ...


29

Governments have a significant interest in controlling pathogens and preventing outbreaks: they are dangerous to dense & unimmunized populations. Can a government legally prevent me from intentionally infecting myself with a virus? Yes, governments have the broad authority to enact laws. The US prohibits and regulates pathogen experimentation ...


28

This is a difficult question in the philosophy of law, which in some views of what "law" is, is outside the scope of law (that's the view that "the law is whatever is enacted by the government" perspective). In what is generally known as the natural law perspective, "what the law is" flows from general moral principles, so you would know that murder is wrong,...


21

Yes, the government gets to regulate how people work with pathogens. Not least, Coronavirus must be handled in a Biosafety Level 3 facility. It's a good way to collect a manslaughter charge, and a reckless endangerment lawsuit. The problem is you would then become responsible for all unintended consequences that could be connected to your actions. And ...


18

In the US, the question of gender and facility-assignment depends on whose prison it is – federal, vs. a specific state. There may be a specific policy adopted by a particular prison system, but there is no specific statute that generally requires segregation of prisoners based on gender. Policies will exist which protect a prisoner's 8th amendment right to ...


17

The European laws have specific sections regarding digital goods. The following two passages are relevant to you: From Returning unwanted goods: Warning! Please note that you may not use goods that you have received before deciding to withdraw from the purchase. The right to withdraw exists to allow you to examine the product in the same way as you ...


15

I need to apply for settled status. Isn’t this discrimination since nationals do not have to apply? Yes it is. Isn’t the UK Government breaking the law? No, discrimination is only illegal when it applies to specified classes (race, sex etc.) is specified situations (employment, access etc.). It is not illegal for immigration to discriminate against ...


15

Who is supposed to teach the law to the citizens? Each individual is responsible for educating himself or herself on the law. That is one condition the individual needs to meet for living in, and preserving, a civilized society. But it is a crucial prerequisite for a government to ensure that its laws are accessible, intelligible, and applied consistently. ...


14

No. The Fourteenth Amendment says: nor shall any state deprive any person of life, liberty, or property, without due process of law; The Supreme Court has determined that this clause incorporates much of the Bill of Rights. The logic is mildly tortured, but it's basically that "due process of law" means "due process of a law that is compatible with the ...


12

Anything related to legality for something like this, depends on where you live. Self-harm or attempted suicide can be illegal in some countries such as Japan. It is a criminal offense in others: see here for a list. You might not consider purposefully contracting coronavirus to be attempted suicide, and maybe 90% of the population will agree with you, but ...


11

I'm not a lawyer; I'm not your lawyer. In this case, if you don't have a valid ticket (or refuse to produce one), and don't provide your name and address, the officer of a railway company may detain you1 (my emphasis): If a passenger having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare,...


11

Everson v. Board of Education applied the establishment clause of the 1st amendment to state law. Applying the Bill of Rights to state law is known as incorporation as in, incorporating the Bill of Rights to the states. It has had some controversy as reflected in U.S. Supreme Court decisions as to how, which and when specific amendments are or were ...


10

I'm no expert, but I had assumed this clause was present in case of the following situation. Joe is arrested for a robbery of a London bank. Joe says nothing under questioning. At trial, Joe's defense is that at the time of the robbery, he was in Sheffield drinking beer with his brother. On the basis of common sense, a jury could think: "Surely if Joe ...


10

In the United States, blasphemy is really not a crime even if it severely offends certain people and tends to cause them to want to riot and kill the person who offends them. Most Americans who are familiar with the law and the U.S. Constitution strongly support this policy and think it is obviously right. Not every country interprets its freedom of speech ...


9

The circuits all over the place on this one but I don't see these facts fitting according to the strictest rule. It is within the discretion of the police to decide whether delaying the arrest of the suspect will help ensnare co-conspirators, as exemplified by this case, will give the police greater understanding of the nature of the criminal ...


8

Those exceptions exist for England and Wales. Simester and Sullivan’s Criminal Law (2019 7 ed) p. 27. The criminal law is not there solely to tell police and judges what to do after someone offends, but also to tell citizens what not to do in advance. As such, it is not enough for there to be a law in place before people can commit a crime. They ...


7

He has this phrased like it's the ability to decide which laws you follow, and that it's an ability being withheld from the general public (although I seriously doubt that at least the former is the case). This is yet another false claim made by "freemen" or those who claim "common law defences". Notice of Understanding has no legal meaning unless the ...


7

It can (and has) been argued that some of the post-bellum trials of Germans and Japanese (but no Italians because they were Allies now) proceeded on shaky legal grounds. However, the arguments of your friend are wrong. In addition, many of the cases proceeded on solid legal foundations based on war crimes (e.g. the Commando Order) and treatment of prisoners-...


7

There are two approaches to determining citizenship: where you are born (jus soli – this holds in the US), and who you were born to (jus sanguinis – the case in India). There are mixes of these systems, such as where a person born to an American but not in the US is still an American citizen (e.g. Ted Cruz). Canada allows Canadian citizenship to be inherited ...


7

Relevant Law Treason Treason is constitutionally defined as waging war on the United States, or giving aid and comfort to its enemies. The definition doesn't formally say so, but only someone who owes allegiance to the United States (i.e. a U.S. citizen) can be guilty of treason. The federal treason statute states: Whoever, owing allegiance to the ...


7

This could be covered by point 1(c) of Article 6: Processing shall be lawful only if and to the extent that at least one of the following applies: ... (c) processing is necessary for compliance with a legal obligation to which the controller is subject; ... It might also fall under point 1(f): ... (f) processing is necessary ...


6

Elected officials are not "employees subject to the civil service laws" unless a state has made extremely odd decisions, and maybe not even then. The "civil service," as that term is used when talking about government employment, consists of at most those people who work for the government as a career. It generally actually means something even more ...


6

It depends on the circumstances, see here. You’ll usually need to show that: your case is eligible for legal aid the problem is serious you can’t afford to pay for legal costs


6

I want to answer one part missed so far: Isn’t the UK Government breaking the law? Currently, if the UK Government would be requiring this from you, they would break the law. Laws made by the EU. After the Brexit, the UK isn't part of the EU anymore. EU law doesn't concern them. The only law they could break is the law of the UK. And because the law of ...


5

Most U.S. states had state religions at the time of the First Amendment. The First Amendment prevented the Federal Government from creating its own state-religion to trump those of the states. In more recent vintage, the Supreme Court has adopted the principle of separation of church and state so that now the First Amendment prohibits that which it was ...


5

Assumed: United States jurisdiction, no discrimination component to your experiences. There is not a legal limit on how much time an employer requires you to be in another city so long as the employer is complying with wage and hour laws, family leave laws, and the like. They may be in violation of their employment contract with you if the contract ...


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