New answers tagged international
1
Everything that isn’t a military objective is civilian
Legal definitions don’t come much simpler than that. I guess you won’t be satisfied until you get the definition of a military objective though?
Fortunately, the International Committee of the Red Cross maintains a database of customary international law including all the international instruments, the ...
1
A person threatened by a “gang” is not a refugee
A refugee is “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.”
A person who is fleeing a “gang” may genuinely be in danger, but ...
9
One of the leading U.S. Supreme Court cases on probable cause in circumstances in which there is an anonymous informant is Illinois v. Gates, 462 U.S. 213 (1983). In that case it allowed the use anonymous informants’ tips as part of the factual basis substantiating a probable-cause determination, which is the standard necessary to issue a search warrant. One ...
2
No one answer fits all jurisdictions. The US has fairly strong protections against arbitrary searches, owing to the Fourth Amendment prohibition against unreasonable searches. See Alabama v. White, 496 U.S. 325 for the requirements on search warrants based no anonymous tips.
The first thing is that the police will not just go to John's house and conduct a ...
4
In order to seize or search John's computer hardware lawfully, the police would need a warrant. To obtain this they would neeed to convince a judge that there was probable cause. An unknown anonymous informant is usually not sufficient to establish probable cause. If police officers testify, under oath, that the informant is credible because the same ...
2
"Social enterprise" is not a term with a well defined legal meaning (at least in U.S. law).
A similar concept that is legally well defined is a "benefit corporation" or a "public benefit corporation", which is a particular type of entity organization (not a functional test) related to how a generically formed entity operates:
...
2
a "for profit business" is one in which profits may be, at lest potentially, distributed to owners, who may be shareholders or partners.
A "non-profit organization" is one in which surpluses (which is what they earn instead of profits), if any, cannot legally be distributed yo any owners or participants. Often there are no "owners&...
3
Your question is based on an incorrect premise
Heads of State can be and have been held accountable for war crimes and crimes against humanity.
For example:
Germany
Japan
Yugoslavia
Rwanda
1
The location of the cloud servers is irrelevant.
The only activity that could make the business U.S. based or effectively connected would be its sales of goods or services in the U.S. But, realistically, this probably wouldn't be sufficient to subject the company to U.S. income taxation if the business has no U.S. presence. See generally, here.
5
Does the shipping company have any legal claim to thes fees from the recipient?
No. There is no contract between the recipient and the company. In fact, the company's attempt to charge twice for the same service is unlawful.
The company's requirement for the sender to fill out paper work and pay fees reflects that the fees are part of a contract to which ...
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