18

You are correct in understanding that as it is currently interpreted, Commerce Clause authority is incredibly broad. Generally speaking, an activity can be regulated under the Commerce Clause if it involves a transaction or transportation across state lines. But it can also be regulated if the activity -- combined with other people doing the same thing -- ...


13

Normally, the prosecution case will not rely upon the testimony of the defendant. Instead, the prosecution will call all of its witnesses until its evidentiary case is complete. Then, the defense case opens and it may call witnesses. The defense is not obligated to call all of the witnesses that it stated that it anticipated that it would call prior to trial ...


11

The page "States Where Holographic Wills Are Legal" from legal zoom lists some 26 united-states states in which holographic wills are valid, plus 9 more that will recognize such wills when they are written elsewhere. Beyond that, some states consider a holographic will valid for only a limited time, such as one year, after its date. The idea seems ...


7

The doctrine followed in Gonzalez v. Raich, that a local activity affects a broad interstate market, and is thus subject to Federal law under the Commerce Clause of the US Constitution was first adhered to by the US Supreme court in the case of Wickard v. Filburn, 317 U.S. 111 (1942). This case is described in the Wikipedia article: An Ohio farmer, Roscoe ...


6

The area is "closed" (not open), or "restricted" to alcohol consumption. Here is a memo reminding of alcohol restrictions, noting 36 CFR 2.35 which states that The superintendent may close all or a portion of a public use area or public facility within a park area to the consumption of alcoholic beverages and/or to the possession of a ...


6

Certain things are your separate property, and only you can sell them (but you are also responsible for them). That would include things acquired before the marriage; also anything inherited by just one of you, or gifts provably given to just one of you. Other things are community (marital) property, including your pants and probably your dog. Writing your ...


5

There are often additional legal measures that the authorities can take to make it more expensive and troublesome for a company that acts in the way described in the question, treating a fine as merely a cost of doing business, or as a "convenience fee". For example, consider the Seattle Building code linked in the question. While section 103.5 ...


4

In addition to New Mexico 30-16-3 Burglary, NM charges could include: 30-16-1 Larceny. "Larceny consists of the stealing of anything of value that belongs to another." (Possible penalties depend on the value of the thing(s) taken.) 30-14-1. Criminal trespass "Criminal trespass consists of knowingly entering or remaining upon posted private ...


4

Yes, but there is a risk If a company persistently violates the law, the regulator can go to court to get an injunction for them and their agents to stop. If they don’t they are now in contempt of court and the fines for that are much steeper. Also, the people in contempt can be jailed until the contempt stops.


4

The problem is that the law enforcement authorities could easily contend that the simple fact of a police car is on the road shows the power and authority of law enforcement, and if a car was built and driven by someone who is not an officer, that would constitute impersonation. They could cite the driver for impersonation; and the case could be decided in ...


4

Here's one example, from a relatively recent case, economic inactivity. In National Federation of Independent Business v. Sebelius, SCOTUS held that Obamacare's individual mandate could not be supported by a combination of Necessary and Proper + Commerce Clause because it regulated those choosing not to buy health insurance (it forced them to either buy it ...


4

As a practical matter, if you learn that people are gathering around a street racing event, leave. In all likelihood, you should do the same if you learn that people are gathering around a cockfighting event, a duel, a staged fight between people outside of a licensed boxing or fighting event, or any other illegal contest. Rather than worrying about the ...


4

This answer is as to the U.S. only. The framework of public law (i.e. the rights of people v. the government) is very different in some E.U. countries from the U.S. For example, French legal rules regarding when government action gives rise to a right to compensation are much more generous than in the U.S. If the government (let's say in the US . . . ) ...


4

No Always assuming that the government has operated within the limits of its powers or, at least, that if they have exceeded those powers the excess was in good faith. First, there is the issue of sovereign immunity. Basically, a government can be held liable only when it consents to be held liable. Most governments never waive this with respect to their ...


3

This will depend on the details of the constitution. Generally, governments reserve sweeping powers for use in emergencies, often without automatic compensation. In Germany, one of the EU countries you mentioned, the legal remedy for someone who feels unjustly singled out by a lockdown measure is to file a lawsuit against the measure, not to send a bill for ...


3

Yes. A person may not be punished for action taken in good faith reliance upon assurances from an appropriate authority that he will not be punished for those actins as a matter of U.S. Constitutional law. See, e.g., U.S. v. Laub, 385 U.S. 475 (1967), Cox v. Louisiana, 379 U.S. 559 (1965) and Raley v. Ohio, 360 U.S. 423 (1959).


3

Can they be charged with anything besides the known $100k penalty for openly deciding to break the law? The answer may depend on US state-specific legislation but In england-and-wales - which is also a Common Law jurisdiction - the demolition of a listed building without proper authorisation is an offence under s.9 of the Planning (Listed Buildings and ...


3

Does returning an illegal product back to the seller for the refund make one liable to said product distribution? The offence, in the USA, relating to posting counterfeit goods (such as bootleg copies of copyrighted items) is at 18 U.S. Code § 2320 (a)(1) Whoever intentionally - traffics in goods or services and knowingly uses a counterfeit mark on or in ...


3

Once an accused, or any other witness, has started to testify, the other side has a right to cross-examination, and the witness may not leave without responding to any cross-examination that the pother attorney may choose to make (subject to objections and rulings by the judge, of course). The accused, unlike other witnesses, could tell his or her lawyer to ...


3

Maybe. There are two questions presented. The first is whether someone who is in prison for a felony may be admitted to the practice of law. There is not a categorical prohibition on doing so. Instead, a character and fitness committee in each state to which an applicant seeks admission (even if it is a reciprocal admission) considers an applicant on a case ...


3

Until and unless a patent is issued, the inventor has no exclusive rights. Assuming a patent is granted, the issued claims will be what defines infringement. What you do before the patent is issued is not infringement since there is nothing to infringe. However, if there is a finding of infringement in the U.S. for activity after a patent is issued, the ...


3

In new-mexico this would include 30-16-3 Burglary Burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein. A. Any person who, without authorization, enters a dwelling house with intent to commit any felony or theft therein is ...


3

Code sections cited in this answer are to the New Mexico Criminal code, Chapter 30 as they were in my answer to the linked question, and to chapter 59A. Neither the landlord (whom I will cal LL) , nor any ordinary citizen, is legally required to report information that s/he may have about a crime to the police or other authorities. LL cannot actively conceal ...


2

Assuming the mens rea and actus reus are there, in england-and-wales this would be burglary contrary to s.9 of the Theft Act 1968 which carries a maximum sentence of 14 years (although highly unlikely in this scenario). (1) A person is guilty of burglary if— (a) he enters any building or part of a building as a trespasser and with intent to commit any such ...


2

Linden Labs Terms of Service (LL ToS) is separate from and additional to the Second Life Terms of service (SL ToS) Under LL ToS 2.3 users waive moral rights to uploaded contest. Under LL ToS 2.4 users grant other users a license to use uploaded content, with such rights as may be selected at the time. Under Under LL ToS 2.6 users may delete uploaded content, ...


2

This is a duck You can label it a chicken if you like but you won’t fool anyone who knows about ducks. The FDA knows about diagnostic devices; calling it something else isn’t going to fool them.


2

Yes, it would be illegal: The mail carrier has to deliver mail to the address. But he should generally not put mail that doesn't match the name on the door in any mailboxes there. If someone doesn't live there and you accidentally get Jane Doe's mail, you have to make sure it is put back to the mail system so it can be returned or delivered correctly. "...


2

While incarcerated, my wife of 5 years is selling my belongings such as my cars, trucks, campers, dogs, tools, motorcycles, clothes, etc. Some property is titled in my name, some is jointly owned. Some of it is in KY, and some is in OH. If what you have said is true, it is probably not legal, but you don't have many effective remedies. In the case of ...


2

You want to construct the building without the necessary entitlements... planning approval, zoning compliance or variance, concessions such as roadbuilding or traffic lights, building plan, work permits etc. You're overlooking some costs there. Right off the bat is the cost of constructing the structure. Mind you, when the dust settles, the municipality will ...


2

Yes. The posted notice that you have cameras with audio in addition to the subject's entry into your home should be enough to constitute consent under a two party consent law (not sure if Cali is Two Party Consent, but it would not surprise me). The posted notice by the entrance door provides the information that you are using recording devices and their ...


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