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 ...
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 ...
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 ...
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
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 ...
9
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 ...
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 ...
5
The "Right to Party" as defined by the organization known as "The Beastie Boys" is not defined in any portion of their discourse on the matter of the "Right to Party". Rather, the entire discourse poetically describes a youth, presumably under the legal adult age of 18 (given restrictions on smoking cigarettes and owning adult literature in the second verse)...
5
Lying in itself ("of course you will get a wifi signal here") is not a crime. However, if you have proof that the lies were intended to benefit your landlord at your expense ("You won't sign the lease unless there's wifi? No problem") and that they actually did so ("You've signed the lease, it's too late to back out"), he may be guilty of fraud, which is a ...
5
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 ...
5
This is more a political question than a legal one, so the answer is more political than legal.
Countries are sovereign, and thus can decide which treaties affect them.
The UK does not need to agree to any treaty with the EU. It can just refuse to sign the agreement, and just go on its own.
Of course, this works both ways. In the same way the EU cannot ...
5
The relevant law in California is here. In your situation, it is presumed (as you both agree) that you have a month to month agreement. §1946 states that
A hiring of real property, for a term not specified by the parties, is
deemed to be renewed as stated in Section 1945, at the end of the term
implied by law unless one of the parties gives written ...
5
A business can arbitrarily refuse service to anyone whatsoever, unless there is a specific statutory prohibition. In the US, race cannot be the basis for distinguishing how or who you serve as a business, anywhere. There are other protected categories such as age, sex, sexual orientation, marital or other family status, veteran status, religion and so on, ...
5
discrimination is in general legal unless it is based on some characteristic which is specifically forbidden as a basis for discrimination (e.g. race)
sex, race, colour, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth or other status
Your assumption is that you are ...
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