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In US District Court, can a plaintiff amend a complaint , more than 21 days after service, if extensions are granted to file an answer?

Can the Complaint be amended? In US District Court, can a plaintiff amend a complaint, more than 21 days after service, if extensions are granted to file an answer? When a complaint requires ...
ohwilleke's user avatar
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1 vote
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Post-dated copyright notices?

The implications of a future date are complicated. For works published on or after March 1, 1989, there are no significant implications. The duration of the copyright is determined by the year of ...
Mark's user avatar
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3 votes
Accepted

US citizen renunciation law in §877A and "covered expatriate" exception

The reference to the IRC 7701(b)(1)(A)(ii) is to the substantial presence test. I.e.: someone whose days count makes them a resident. This rule means that the exception only applies to dual citizens ...
littleadv's user avatar
  • 508
1 vote

What are some of the legal consequences of hiring full-time employees as independent contractors?

united-states Some of the legal consequences Upon further research, I would like to add more about the legal ramifications of miss-classification. Other answers have done a good job of what makes an ...
Neil Meyer's user avatar
  • 4,997
9 votes

In US Patents, is a novel "realization" or discovery in itself patentable; in such cases can/do multiple methods/apparatus form the SAME patent?

Jen's answer is correct as far as it goes. I am supplementing her answer briefly with regard to the second part of the title question: in such cases can/do multiple methods/apparatus form the SAME ...
ohwilleke's user avatar
  • 218k
12 votes

In US Patents, is a novel "realization" or discovery in itself patentable; in such cases can/do multiple methods/apparatus form the SAME patent?

One can patent the substance, or a particular use of the substance, or a particular method to make the substance or to put it to use (of course any of that is premised on the invention being novel, ...
Jen's user avatar
  • 57.3k
1 vote

When does an officer's discretion end, and where does an officer's duty begin?

Executive discretion australia, but also all common law jurisdictions. Police discretion over when and how to make an arrest or bring charges is a specific instance of executive discretion. Under the ...
Dale M's user avatar
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-2 votes

Does the term "need" carry any legal weight in the context of a police officer claiming they "need" to see your ID?

canada There is no special significance given to the word "need" or any particular words when police communicate. Every word is assessed in context, and the meaning of the phrase comes not ...
Jen's user avatar
  • 57.3k
1 vote

When does an officer's discretion end, and where does an officer's duty begin?

Basically duty begins when the police have prevented someone from defending their self (eg is in custody). Generally speaking the police can watch as you are raped, tortured and killed, while doing ...
jmoreno's user avatar
  • 2,115
3 votes

Is there a legal distinction between “phishing” and “simulated phishing”?

The law says Whoever knowingly, with the intent to carry on any activity which would be a Federal or State crime of fraud or identity theft Which is a pretty clear distinction. More importantly, law ...
jmoreno's user avatar
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8 votes
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Does it matter where a prenuptial agreements is signed?

A prenup can be signed anywhere. But it will be evaluated for legal validity based upon the law of the place where it is signed, unless it says otherwise, and the place where the divorce takes place. ...
ohwilleke's user avatar
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0 votes

Does the shade of color (light vs dark) in a trademark matter?

The hexcode of colors is not trademarkable but the name of the color is. The New South Wales Waratahs play in a kit color similar to Manchester City but as long as they don't advertise the color of ...
Neil Meyer's user avatar
  • 4,997
1 vote

Consumer liability deadline extension for electronic transfers (US)

There are only six reported cases that have interpreted 15 USC § 1693g. Only three of them address the notice requirement. Two of them are trial court orders, and one of those trial court orders and ...
ohwilleke's user avatar
  • 218k
5 votes

Does the shade of color (light vs dark) in a trademark matter?

With respect to a U.S. Registration, for a trademark that claims the color green, does the shade of green make a difference? Usually it would, and usually the specificity expected would be much ...
ohwilleke's user avatar
  • 218k
4 votes
Accepted

Calculating Estate Tax with a charity

That is, how much of a deduction does his estate get for the money that will be going to charity None, based on the facts presented. The estate doesn't send any money to charity, all the money from ...
littleadv's user avatar
  • 508
2 votes

Is looking up the lyrics for a song illegal?

ChatGPT did not claim your acts of searching for the lyrics or attempted reading of the lyrics are copyright infringement. ChatGPT claimed it would commit copyright infringement if it were to provide ...
Lag's user avatar
  • 17.2k
2 votes
Accepted

Can 501(c)(4)s donate to political candidates' campaigns?

Yes, if it is not their primary function. The money may not be exempt from income tax though. See the IRC Sec. 501, Sec. 527. See this IRS presentation on the topic.
littleadv's user avatar
  • 508
4 votes

Is looking up the lyrics for a song illegal?

It is not illegal to look up the lyrics to a song. At this Q&A (Why Genius doesn't have problems with lyrics copyright?), it's explained that Genius has a licence to share lyrics. So does ...
Jen's user avatar
  • 57.3k
0 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

For most crimes, the attempt to commit them is already a crime. However, for some crimes only the completed act is. Which fall into which category is a question of jurisdiction. Note that "...
Tom's user avatar
  • 673
11 votes

What happens to a trial if the presiding judge is unable to finish the trial?

canada Criminal trials Under s. 669.2 of the Criminal Code, where a judge dies or is for any reason unable to continue, the proceedings may be continued before another judge. If it was a judge-alone ...
Jen's user avatar
  • 57.3k
9 votes

What happens to a trial if the presiding judge is unable to finish the trial?

Under Criminal Rule 25, a new judge will be appointed to hear the case. That judge can either familiarize himself with the record and resume the trial, or he can order a new trial.
bdb484's user avatar
  • 60.3k
-1 votes

Can you be found guilty of a crime even if it's not you who is on trial? (USA)

To answer this. Yes you can be charged with information that is discovered during the course of someone else's trial (unless you were granted immunity for testifying or something). However being &...
Questor's user avatar
  • 326
3 votes
Accepted

Can you be found guilty of a crime even if it's not you who is on trial? (USA)

If you have committed a crime you can be charged unless the statute of limitations or any other time limits in your state have run out.
Tak's user avatar
  • 104
3 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

In general, Carl just needs to absorb the loss - although as as criminal he will probably take his own retaliatory action. But in n your specific cases... Carl has the simple option of lying about ...
Graham's user avatar
  • 2,779
12 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Carl might be interested in bringing a civil lawsuit against Scarlett arising out of the scam, but in doing so, would probably waive any right he had (if any) to keep his own involvement secret and by ...
ohwilleke's user avatar
  • 218k
1 vote

What constitutes "fault of the buyer"?

"Fault of the buyer" in this case, would normally mean that the buyer breached the contract to sell their home, or otherwise actively undermined the sale of their home (e.g. by colluding ...
ohwilleke's user avatar
  • 218k
6 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

If Scarlet's crime is more serious than Carl's, he might be able to negotiate immunity for his own crime in return for providing evidence and testimony needed to convict Scarlet. But he's taking a ...
Barmar's user avatar
  • 2,369
3 votes

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents? No. Or are future legal precedents only set when you go to a bench trial or a jury trial? No. ...
ohwilleke's user avatar
  • 218k
1 vote

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

Legal precedent comes mostly from case law. That means appeals. The case could have ended in any way. Case law comes from cases that went to trial and those that ended before. A precedent generally ...
Tak's user avatar
  • 104
4 votes
Accepted

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

The actual order / outcome is only binding on the parties. It does not generally affect what other parties might argue or what judges might decide in different disputes.1 Precedent takes its force ...
Jen's user avatar
  • 57.3k
2 votes
Accepted

Miranda Loophole: Interrogation by Private Citizen

This probably doesn't work to make the evidence admissible since it is done with the participation and collusion of the police while someone is under arrest. The person asking the questions in this ...
ohwilleke's user avatar
  • 218k
-1 votes

Why is the reliability of Stormy Daniels testimony relevant in Trump's hush money process?

It is not. The goal of the procecuters is to convince the jury that the misdemeanors lead to the felony. Only then can their case be won. A comment I made to others after the first half of that days ...
Mark Johnson's user avatar
  • 5,628
8 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Every offence, by either party, can be independently prosecuted. Whether a person who has themselves committed an offence will avoid reporting or co-operating is not a legal question. Intent to commit ...
Jen's user avatar
  • 57.3k
0 votes

Legal restrictions on shortcuts, hotkeys, or keybindings

copyright/trademark/patent... Copyright Is a keystroke or combination of keys origibal or artistic in any way and not functional? No, it is all functional, it can't be copyrighted. Trademark Can a ...
Trish's user avatar
  • 39.8k
-5 votes

Miranda Loophole: Interrogation by Private Citizen

Assuming that the victim gets out alive, they would sue for false imprisonment. And in that situation it is obvious that they would have feared for their life, being held by three dangerous criminals, ...
gnasher729's user avatar
  • 34.2k
2 votes
Accepted

Hung Jury - time for a retrial

There are two parts to your question. How long does it take to be tried again? That will differ from state to state. All states have a time limit for a speedy trial. There is also a time limit to ...
Tak's user avatar
  • 104
0 votes

General legallity of selling advanced malicious software systems

It depends on the intent australia There are legitimate and legal reasons for selling malware: for “white hat” penetration testing, law-enforcement, military applications, etc. However, if the Crown ...
Dale M's user avatar
  • 211k
23 votes

Why is the reliability of Stormy Daniels testimony relevant in Trump's hush money process?

The Judge himself actually answered this question at the end of yesterday's session. This is Trump's lawyers own doing. At the beginning of the trial they decided (one suspects at their client's ...
T.E.D.'s user avatar
  • 575
-2 votes

Was the 2003 US invasion of Iraq illegal under the UN Convention?

Probably The invasion of Iraq by the United States, the United Kingdom, and Australia in 2003 to enable regime change is considered by many jurists to be an illegal war of aggression under ...
Dale M's user avatar
  • 211k
1 vote

How can states legalize cannabis?

The answer by David Siegel is right as far as it goes. Indeed, the right of the federal government to enforce its drug laws in the face of state legalization has been affirmed by the U.S. Supreme ...
ohwilleke's user avatar
  • 218k
1 vote

Literary translation and copyright

A literary translation is unambiguously a derivative work protected by the copyright of the original untranslated work. So if the source work is not in the public domain, a translation cannot be ...
ohwilleke's user avatar
  • 218k
1 vote

What is the creditor priority of stolen property in bankruptcy proceedings?

The Absolute Priority Rule specifies that creditors are paid following a predetermined order based on the type of their debt, with the order terminating when the pie is exhausted. First is secured ...
ohwilleke's user avatar
  • 218k
23 votes
Accepted

Why is the reliability of Stormy Daniels testimony relevant in Trump's hush money process?

The charge is not a plain fraud charge. The offence becomes a felony when the "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof." ...
Jen's user avatar
  • 57.3k
3 votes

Are Book ISBNs in the United States a Monopoly?

ISBNs are international article numbers, distributed by local providers under the mandate of the International ISBN Agency, which is in turn affilated with the International Organization for ...
o.m.'s user avatar
  • 18.1k
2 votes

Are Book ISBNs in the United States a Monopoly?

Are Book ISBNs in the United States a Monopoly? Yes. Am I right in perceiving Bowker as a government-sanctioned monopoly in the United States market for ISBN numbers by effectively eliminating ...
Jen's user avatar
  • 57.3k
4 votes

How do US self defence law apply to protest camps?

The fundamental idea of self-defense is simple: If someone attacks you, you may use the necessary amount of force to defend yourself against that attack. The location being your home can matter in two ...
Arno's user avatar
  • 1,535
2 votes

Fred closes a stranger's truck door; the truck later burns down. What is Fred's liability?

Then the hosts of the show aren't very good mechanics, and I wouldn't trust them with my vehicle, or to give advice to other people. It doesn't sound like they're very good lawyers either. it's ...
Graham's user avatar
  • 2,779
2 votes
Accepted

Being paid not to press charges

new-south-wales Unwarranted demands with menaces is blackmail A demand is unwarranted if the person does not believe they have a lawful entitlement to the thing demanded, the mother in the story does ...
Dale M's user avatar
  • 211k
2 votes

Being paid not to press charges

Lawyers in the U.S. are expressly prohibited from reaching a settlement that involves not pressing charges under the rules of professional ethics that apply to them. The analysis by Jesse_b that the ...
ohwilleke's user avatar
  • 218k
3 votes

Being paid not to press charges

A victim, generally, does not get to decide whether or not charges will be filed, that is up to the prosecutor. So even if this was some sort of legal transaction they would be selling a service they ...
jesse_b's user avatar
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