25

The Supreme Court is infallible only in that their rulings are unchallengable, at least through any judicial process. Dissents often explain how the dissenter thinks a decision is not only wrong, but horribly misguided. Law review articles and other publications often criticize Court decisions, and sometimes influence later results. It is far from unheard of ...


19

In general, under the common law, a contract cannot validly require a person to commit or abet a crime. Thus if an NDA requires one to lie about or actively cover up a crime, it is void (in that aspect, at least). But there is, in most cases, no affirmative duty to report a crime, except for certain individuals in particular situations. Thus an NDA that ...


17

There are a number of areas in which the US states can pass laws only to the extend that they do not conflict with Federal laws passed by Congress. When a federal law clearly says that states may not pass laws on a given subject, the issue is clear. When it specifically invites state laws, the issue is also clear. But when a Federal law imposes certain ...


17

You are mostly mistaken. Prior to the enactment of the STOCK Act in 2012 (as amended in 2013), insider trading by members of Congress based upon information obtained in their official duties was legal. This is no longer the case, but there is no private cause of action to enforce the STOCK Act. Instead, the principal means by which violations are enforced is ...


11

A litigant could issue a subpoena to you demanding the information on your phone relevant to their case. If your employer or you are parties to a lawsuit, you can also be required to provide information through what is a called a "request to produce" issued by one party to another party without a subpoena, and under general information disclosure ...


11

Transfer pricing is something that is required when related parties provide good or services to each other, in order to determine what part of the profit from the eventual sale of the goods or services is allocated to the initial transferor and what part is allocated to the final seller of the good or service. There is no country in the world where transfer ...


9

"Occupying the field" refers to a situation in where federal regulation of a matter is "so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it.” Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). In other words, if the federal government has so comprehensively regulated an industry ...


9

The Supreme Court is not infallible: rather it is unappealable*. The Supreme Court does not claim to be, and can be rather explicit and unapologetic when denoucing past decisions. See the Trump v. Hawaii decisions (both opinion and dissent), with regards to Korematsu. *In the court system; a law can be overwritten by Congress in explicit reaction to a ruling,...


8

This is not legal advice, It is not even primarily a legal opinion. It is a legal position. The lawyer, acting on behalf of the agency from which you requested information, is giving the reasons why that agency is declining your request. The lawyer is presumably either an employee of the agency, or has the agency as a client. In any case, this is notice of ...


6

I don't know of any comprehensive list, but several exemptions do exist: 12 U.S. Code § 5514 authorizes the Consumer Finance Protection Bureau to enforce consumer financial law. 15 U.S. Code § 43 authorizes the Federal Trade Commission to prosecute violations of the FTC Act. 15 U.S. Code § 78d–5 authorizes the Securities and Exchange Commission to enforce ...


6

Transfer pricing is of course legal: when an asset is transferred from one entity to another, there is a price. However, transfers between subsidiaries or other related companies in different tax jurisdictions are subject to scrutiny by taxing authorities, who are interested in the magnitude of the price, as you note. Many countries require the companies to ...


6

new-south-wales Yes An NDA is a contract and a contract is unenforceable to the extent that it breaks the law or, more generally, is counter to public policy. In NSW, s316 of the Crimes Act sets defines the crime of 'concealing a serious indictable offence’. An adult who knows or believes that a serious indictable offence has been committed and has material ...


5

Your main and probably sole legal recourse is a lawsuit. The basis for suing the store would be breach of contract. You pay them some money, they provide some goods. They failed to provide those goods – so far. The contract might say something about when the goods would be delivered, but otherwise the requirement would be "in reasonable time" (they ...


4

The law works in the opposite direction of what you seem to be imagining. State courts generally have jurisdiction to hear lawsuits based on federal law, even without "authorization" from Congress. It is therefore perfectly normal to see lawsuits under Section 1983 , the Privacy Protection Act, or the Magnuson-Moss Consumer Protection Act being ...


4

There is also the concept of illegal contracts. A contract cannot be enforced if it forces either party to do something illegal. In the case you mention if damages was sought the defendant could make the case that the NDA if enforced would make the defendant an accomplice to fraud and is thus an illegal contract.


3

Does the doctrine of sovereign immunity extend to state officials acting in their official capacities to serve the government? Or it doesn't and people can sue officials and the representatives of the government instead of suing the government itself? The law isn't entirely uniform but generally a government official (state or federal) acting in their ...


3

Generally no. Trading on the basis of non-public "inside" information is usually a crime in the US (and in many other places as well, although the details will vary.) Exactly what constitutes "inside information" and an unlawful trade based on it can be complex, but if the trade is or might well have been influenced by information not ...


3

In general, a ToS document for a web site or online service is simply a contract or agreement. Normally violations of such an agreement are possible grounds for a civil suit, but are not crimes. Moreover, some terms that some TOS documents claim are not legally enforceable. For example some insist that a user waive a right that the law says cannot be waived. ...


3

No. There is no such thing as vicarious criminal liability. Anyone convicted of a crime needs to be personally involved and have knowledge of the relevant facts for co-conspirator or solicitation liability. There isn't really a single law that says it. It is rooted in the overall structure of the criminal codes at the state and the federal level, and in the ...


3

No. As a superior sovereign, the United States can sue states in federal court without restriction. I’m not sure if that would apply in state court, but the federal government doesn’t generally file cases in state court to begin with. States can also sue each other in federal court, having waived their immunity to lawsuits brought by other states when they ...


3

Legal advice? It isn't even advice. What has this person suggested that you do? Have they advised you of what your legal rights and remedies are? Have they suggested you lose weight or stop smoking? There is no advice here of any sort.


3

One of the main legal effects of an NDA is to make information a trade secret. And, a recently enacted federal law, the Defend Trade Secrets Act, creates mandatory exceptions to trade secret protection for certain purposes that amount to whistle blowing. But, there isn't necessarily a categorical exception for all circumstances from NDA restraints because ...


2

Yes, it’s possible Education is compulsory in Texas for children between the ages of 6 and 18 (unless they have a high school diploma) subject to a number of exemptions that don’t seem applicable. This can be met by: attending a public school - which has the problem you identified, attending a private school - some of these may be offering distance ...


2

In closing arguments, an attorney should only refer to evidence that was admitted at trial. In opening arguments, an attorney may refer to evidence that the attorney reasonably believes will be admitted at trial, and if the attorney has grounds to admit the transcript as an exhibit, could do so. If not, the attorney could still reasonable state: the ...


2

Does simply abandoning it (e.g. leaving it in a public space) qualify as relinquishing it? No. This is littering - Alice will be fined and have to take it away. If Alice were to dispose of it lawfully in the garbage or at a waste disposal facility, that would be fine. Can she give as a sort of hostile gift to someone else, even if they don’t want it? No. ...


2

Who is legally accountable for the action of the internal audit of a company in the U.S.? If the internal audit of a company doesn't do due diligence by not properly auditing the financial documents of the company who is legally accountable for the lack of oversight of the internal audit? The CEO and the CFO or just the CFO? This answer is prefaced with a ...


2

Always? No. Sometimes? Yes. australia Corporations Law The Corporations Act 2001 (Cth) imposes duties on officers and employees. Officer includes, as well as directors and secretaries, some other people who manage the corporation or its property (such as the CEO). Employees includes the CEO but not non-executive directors. ss180-183 impose duties of care and ...


2

Also bear in mind that you could only be sued for an actual loss caused by your NDA breach. Not just for the fact of having breached it (usually). That means the legal advice of the other side will be, dont sue unless they can prove a loss actually arose from it - and if there is significant doubt whether the case will be thrown out for lack of proof, or ...


2

You would probably want to start with the Administrative Office's case-management statistics. I haven't been in there in a while, but I believe they'll have the data you're looking for. Note, though, that even if you can figure out which districts are fastest and slowest, it's still going to be a crapshoot, as there are going to be several judges in most ...


1

Basically yes. Assuming there’s a grand jury investigation (which the FBI needs if it wants to issue subpoenas), the government can get a writ of habeas corpus ad testificandum. This orders the warden to deliver the prisoner to the grand jury to testify. Interrupting a jury trial is a pretty big request, so the federal court might not issue the writ unless ...


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