Whoever willfully or maliciously injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or willfully or maliciously injures, defaces or destroys any mail deposited therein, shall be fined under this title or imprisoned not more ...
The school can confiscate a cell phone if you violated phone usage policy, because schools have broad powers to set student conduct policies. Searching the phone is a separate matter: a search requires reasonable suspicion and the search has to be narrowly related to that suspicion. As long as there is an actual policy and a violation of the policy, there ...
The fundamental question is whether children can own property: they clearly can. See Cyclopedia of Law and Procedure (I improved the link so it can be more easily read).
As a general rule any property acquired by the child in any way except
by its own labor or services belongs to the child, and not to the
McClosky v. Cyphert, 3 Casey (27 Pa.) ...
I was initially going to vote to close this as a political rather than a legal question, however, I think there is scope for separating out the two dimensions.
Our society makes a distinction between children and adults by giving them different legal rights, obligations and protections. If you think about it, there are a lot of things beyond sexual activity ...
Are there actual laws written, or de facto situations (e.g. let's say
another law specifies that a child can't be physically forced to go
anywhere without causing abuse) where the child can refuse to attend?
Are there "tiers" to the age; Is it true that a temper tantrum of a 5
year old would be seen as such, but the refusal of a 17 year would be
One of the relevant cases is Tinker vs. Des Moines.
In it, students wore black armbands in protest, and were suspended from school unless they agreed to remove the armbands. Because their protest was non-disruptive, the school's position was found to be a violation of their civil rights. Generally, the school cannot interfere with students' rights to free ...
We set speed limits so we don't have to spend time fighting over whether you were driving too fast.
We put up fences so we don't have to spend time fighting over whose property you are on.
We set ages of consent so we don't have to spend time fighting over whether the child could consent to sex.
Firstly, this is actually a really good question - The Australian Constitution grants few explicit protections or rights to people, and it does not protect you from discrimination on the basis of age.
In any case, you'll find that it is not a violation of the Age Discrimination Act 2004 (Cth) - see s39. This makes an exemption, amongst others, to the Act ...
With respect to many questions of law minors are not people. Human rights vest as people age: there are any number of variations by jurisdiction, but you will see the following (often constitutional) rights granted at different ages:
To own property
To enter into contracts
To work for pay
To decline an education
To consent to medical treatment
To be secure ...
The Human Rights Watch published a report on children in Saudi Arabia's justice system("Arbitrary procedures for determining age of majority in criminal cases"):
Judicial opinions on when a child can be tried as an adult vary widely, and frequently depend on measures of children’s physical development, contrary to international standards, which call upon ...
They retain sui juris after "divorce" or death of a spouse.
A minor becomes sui juris upon marriage (civil marriage pursuant to Thai Civil and Commercial Code, article 1448). [Art. 20] The status of sui juris won't be revoked by divorce or death. This rule is not written in statutes but is interpreted in such manner.
However, if a court judged that ...
I'm not sure a case of harassment could be made out (it would depend on the circumstances in which you purportedly did those things or threatened her, except for touching her.
The Sexual Offences Act 2003 defines sexual assault as:
(1) A person (A) commits an offence if—
(a) he intentionally touches another person (B),
(b) the ...
In addition to the general considerations of (1) who is allowed to use non-deadly physical force to maintain order in a shop (which I think that one could do if "deputized" by the property owner or to protect the property of another as well), and (2) the use of non-deadly physical force to make a citizen's arrest (which many of these scenarios would justify ...
In General: No
There is no federal law and, as far as I can tell, no state law which sets an across-the-board minimum age on mountaineering or climbing. I based this on searching through the statutes of several states with mountains, as well as the web pages for some parks.
Many states' park services had wording like this (taken from the Colorado Springs ...
No, the minor cannot be in violation either being on the property of residence or the sidewalk in front of that property.
Montgomery County Curfew Law:
Section 1-2 (Offenses):
(a) A minor commits an offense if he remains in any public place or on the premises of any establishment within the unincorporated areas of the county during curfew hours.
As a 16 year old you do not need a Child Work Permit - these are required for "[a] minor under 16 years of age".
Notwithstanding, minor's contracts can be classified as valid, voidable or void. There are two types of valid contracts:
Contracts for "necessaries", and
Employment, apprenticeship and training contracts.
Your employment contract is binding ...
Children own their personal property
Although legal guardians may place limits on access or use.
Unless the aunt is a legal guardian she has no right to retain them. Ask for their return. If she refuses, sue for their return.
Does a minor saying, "I want my mommy" have the same legal effect as an adult saying, "I want my lawyer"?
If a suspect in police custody asks for a lawyer, the interview must stop.
If the suspect invokes [assistance of counsel during custodial interrogation] at any time, the police must
immediately cease questioning him until an attorney is present....
Fact is, your things are gone, disappeared, you are not going to get them back. You can try to get money by suing your parents. But suing your parents is rarely a good long term strategy. Your father made some argument why he isn't going to give you any money for your losses; whether it is a good or bad argument is irrelevant until you take him to court, and ...
They recently took me to court (I am now 20) to have me start paying
for the bill, under distress I signed paperwork stating that I'd start
paying them, however I find this entire situation very aggravating.
You are almost surely screwed at this point and can't do anything but abide by the settlement that you agreed to when you signed the ...
Under the Dutch Civil Code article 1:245, "All minor children are subject to authority". Article 1:247 says that "Parental authority comprises the duty and right of the parent to care for and raise his minor child". This basically means that parents have the right to exercise authority over their children (until age 18). Art. 1:249 says that:
A minor ...
There is a specific exemption in 29 USC 213(c)(3) that
The provisions of section 212 of this title relating to child labor
shall not apply to any child employed as an actor or performer in
motion pictures or theatrical productions, or in radio or television
See this article for further analysis, a propos state laws. Incidentally, the ...
To have an effective law, there has to be a line drawn somewhere. Using age gives a measurable and objective line of what is and is not allowed. Using a standard like maturity might be more fair but is not measurable and very subjective and would make enforcement difficult and messy.
Almost certainly a school can enforce detention as part of discipline
The Education Act 1990 at s35 gives the Minister power to discipline students and the power to delegate that discipline. That delegation has been done and individual principals are required to develop and implement disciplinary policies in their ...
I am not a lawyer.
At 16, you are above the age of criminal responsibility, so your age becomes largely irrelevant.
I am pretty sure that if with consent, all of those actions would be legal. Even if you had full blown sex, you would be very unlikely to be prosecuted.
Without consent, touching her breasts would definitely be sexual assault. Telling ...
I presume that Dad will check with the college attorneys, so this is for information purposes only. Smith v. Daily Mail 443 U.S. 97 concerns a newspaper which published the name of a minor arrested for allegedly murdering someone (having legally obtained that information). SCOTUS held that
The State cannot, consistent with the First and Fourteenth ...
Note that I am not a lawyer. All law code here is from the official Georgia Law at LexisNexis.
In the case of Georgia, the law regarding a child’s election changed in 2008. Prior to 2008, a 14 year old child could choose with which parent to live, unless the judge determined that the chosen parent is unfit.
As proving that a parent is unfit was not always ...
1. Are this and similar ordinances constitutionally valid?
Some future court might decide the law is invalid at some future time. But that possibility is hypothetical and speculative. Therefore, as of now, the law is valid unless and until it is challenged and overturned.
2. What defenses could a government make if challenged?
It depends on what ...
Suing relatives or friends to trigger an insurance policy is sometimes necessary, particularly if the insurer is being recalcitrant. Apart from that it is pointless to sue someone who has no money!
In common law jurisdictions you can of course sue anyone for negligence. One of the things that you have to prove to be successful is that the defendant owed a ...