Hot answers tagged

59

Can you prevent the government from using your patent? The opposite is actually true. If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened ...


53

You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no ...


43

License plates in Texas are governed by the Texas TRANSPORTATION CODE, TITLE 7. VEHICLES AND TRAFFIC, SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES, CHAPTER 504 LICENSE PLATES Texas code section 504.901. TRANSFER AND REMOVAL OF LICENSE PLATES (subsections (b) and (c)) provide that (b) On the sale or transfer of a motor vehicle to a ...


36

No, the Texas Code of Judicial Conduct permits County Judges to practice law except "in the court on which he or she serves or in any court subject to the appellate jurisdiction of the county court, or acting as a lawyer in a proceeding in which he or she has served as a judge or in any proceeding related thereto." This is because County Judges in Texas are ...


35

Since this happened in Texas, we can refer to the Texas DMV: Vehicles are required to be titled in the buyer's name within 30 days from the date of sale. Failing to properly transfer a vehicle into the buyer's name could result in the seller being held responsible for tickets, toll violations or even crimes committed with the vehicle. To ensure this doesn't ...


32

I gather that you either a) don't want the bike or b) are physically unable to retrieve it. You are acting like a spectator here. You ARE involved. By doing nothing, you are creating trouble for others, and failing to create a good. They must go through an extensive process to protect the rights of an owner they don't know who even is. What you should do, ...


30

The simple answer to the question you asked is that they are not mutually exclusive. Self-defense and “castle doctrine” are defenses. A person can be charged and tried for murder, and one or both of those can be their defense. But shooting someone in self defense does not guarantee immunity from a charge or trial. In the first place, you need to show that it ...


30

most likely The government can't compel people to some sort of speech under the 1st amendment. Forcing a company to host people is compelled speech by the company. It is well established that the government can't compel a newspaper to host its messages as it wants. The key case might be Miami Herald Publishing Co. v. Tornillo 418 US 241 (1974). In this case, ...


29

At Will Employment - In General An "at will" employee in the U.S. can be fired at any time for any reason without any prior notice or warning. Outside a union shop or a civil service employment situation, even an illegal reason for firing does not give you the right to be reinstated in your job - instead it gives you a right to sue for money ...


28

Among other stories via Google, some major companies lost a 2015 civil lawsuit brought by their employees: Apple, Google, others settle antipoaching lawsuit for $415 million - CNET Filed by former employees of the companies involved, the lawsuit shed a light on the practice of some major tech industry players of allegedly working together to agree not ...


26

In general, people have less expectation of privacy in cars than in their homes. To challenge a search and/or seizure under the Fourth Amendment, a person must have standing - the right to sue (that is, you must have had a reasonable expectation of privacy in the place where the search happened; if you didn't, no standing - can't claim your privacy was ...


25

Perjury is more than a lie It is a knowing deceit undertaken with the express purpose of misleading the court on a material issue. It isn’t misremembering, or contradicting oneself (or others), or stating falsehoods believing they are truths, or lying about things that don’t matter. The fact that one party’s recollection of events are different from another’...


19

That will be determined later by the courts. You might think so, if Facebook etc. were strictly private platforms. Knight First Amdt. Inst. at Columbia Univ. v. Trump, 928 F. 3d 226 somewhat undermines that thinking. The court disallowed Trump from exercising ordinary First Amendment control over his account. In reviewing the lower court finding, After ...


16

A charge of murder means that the government are accusing someone of intentionally and unlawfully killing someone else. A charge is an accusation, not a conviction. A conviction is when you are found guilty of a crime. You aren't a murderer until you've been convicted, since innocent until proven guilty is a principle of law. Self defence is a defence to ...


16

This answer is limited to options in the United States. According to the U.S. News and World Report annual survey of over 197 law programs, the average cost of attending a private law school is $43,020 and attending a public law school costs an average of $26,264 for in-state residents and $39,612 for out-of-state students. At the top 10 law schools in the ...


15

Sorry for your loss. It appears that this is generally possible. Texas Code of Criminal Procedure, Title I, Chapter 55, Article 55.011: Art. 55.011. RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF OF DECEASED PERSON. (a) In this article, "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister, ...


15

Read the answers to your previous question. You should not have gone to work anyway. That would have been stupid and irresponsible. You would have endangered the public and would have been liable for being sued and being financially destroyed for the rest of your life. You need to get treatment; find a community clinic or go to the local ER. Failure to do ...


11

The U. S. Supreme Court ruled in 1869 that states may not unilaterally secede. The state litigant in the case was Texas. See https://en.wikipedia.org/wiki/Texas_v._White


11

No one knows how the courts will eventually rule on this law, or on the somewhat similar Florida law now being litigated. It is true, as the answer by Trish says, that the government cannot compel a publisher to publish things against its wishes, and that an individual cannot generally be compelled to make statements of political views. In West Virginia ...


10

The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use. (2) Each country of the Union shall have the right to take legislative measures providing for the grant of ...


8

Generally you can back-date the effective date of a contract. Texas does not have any specific laws that prohibit it and in contracts law, this concept is called the "relation back" theory of contract effectiveness. See Grubb & Ellis Co. v. Bradley Real Est. Trust, 909 F.2d 1050, 1054 (7th Cir. 1990) for an explanation that back dating violates no ...


8

You will probably have been presented with a form mentioning "Texas Food Establishment Rules (TFER) Section: §228.35", which requires you to report symptoms and diagnoses which include Salmonella Typhi. That does not guarantee that you actually got such a form or that you remember signing it, but theoretically you did. The regulations are given here and here....


8

Close family members can stay as long as the tenant wants The tenant is entitled to "quiet enjoyment" of the property which includes living with their close relatives - spouse, de facto and children would all qualify; parents and siblings might as well. It doesn't matter if these people are children or adults. You cannot contract out of this as you are not ...


8

Although your question hints at the USA, you didn't tag this with a jurisdiction so I will answer for England and Wales in case it is useful to you or anyone else. I'll also assume that the goal is to qualify as a lawyer (rather than specifically to attend "law school" for its own sake). The Solicitors Regulatory Authority has recently overhauled ...


8

To the best of my knowledge, there never has been any US law which authorizes killing or executing someone simply because of their low intelligence or mental illness. The arguments have been over cases where people were accused and convicted of serious, even horrific, crimes, but were sufficiently low in intelligence that it was argued that they would not ...


8

The standard of proof for civil cases in Texas is generally "preponderance of evidence". See in re Steven Lipsky for some discussion. The applicable evidentiary standard is generally determined by the nature of the case or particular claim. Criminal cases require proof beyond a reasonable doubt, a near certainty, whereas civil cases ...


7

Landlord-tenant law is an area that is heavily statute-based, jurisdiction-dependent, and far from uniform across the country. A complex, specific, multi-part question like this one is not going to get a simple answer. In general, though, I can clear up some of the confusion with a quick example. Let's say you abandon your lease, but as you do so, you ...


7

The potential problem is if there is a form which you had to sign which says "I am a US citizen", and you signed the form (who reads the fine print, anyhow?). Unfortunately, that statement is false, and there are consequences for making a false statement. However, that law penalizes false statements with the intent to deceive, not mistaken statements. ...


7

Answering the question title, a Texas law enforcement officer can certainly make arrests in Louisiana these days under the right circumstances (I'm not about to look up the laws as of 1934). For starters, Louisiana law grants any person the authority to make an arrest when the person being arrested has committed a felony, whether or not that felony was ...


7

The difference in their treatment is because of the asymmetry in the law. There are "wiretapping" laws pertaining to interception of voice communication, which do not include photographic recording. It is generally illegal to "intercept" an oral, wire or electronic communication (direct conversation, literal wire tap, or listening in on wireless speech): ...


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