New answers tagged

0

There are two government level directives that bear on this. This letter from the insurance commissioner to all health insurers (and this functionally identical letter from the acting general counsel of the Dept. of Managed Care) directs the companies to do 5 things, the most relevant is reducing "cost-sharing" to zero for "for all medically ...


0

Must all COVID-19 tests be fully reimbursed by health insurances in California, United States? That is not what the excerpt conveys. The second statement in bold only reflects that the insurer is not allowed to shift to the insured --or policy holder-- the cost of the test, but that is in the context of (i.e., same paragraph about) tests for which an ...


1

In germany a civil car can have neither a working blue light ($52(3) STVZO) nor a siren (§55(3) STVZO): A car without a blue light may not have a siren, a car that takes part in traffic and isn't on the list can't have blue lights. According to §52(3) blue light while in traffic is exclusive to: police, military police, federal police, customs, ...


0

In many areas, police might prefer to drive a certain car model, painted in a certain colour. Of course people know that and if a car that resembles a police car is spotted in the distance their driving might improve. You would likely be free to buy that car model in the same colour. Anyone spotting you from a distance might drive more carefully. Once they ...


3

The standard practice is to send the opposing party -- or better yet, its attorney -- a preservation letter, also known as a litigation hold. The letter notifies the receiving party that the sender is contemplating litigation, which triggers the recipient's duty to retain relevant records. Google for "sample presevation letter" or "sample ...


1

You mention Several immigration lawyers in the US told me that I have to sue in the district where I reside. And you ask how soon after relocating is it possible to file a lawsuit in a federal district court? You can sue as soon as you can credibly assert that you reside in the new district. If you live in a camper van, this might be somewhat more ...


3

Overview As other answers have pointed out it isn't as simple to alter the bank's records in a way that wouldn't be instantly obvious. There is no "create money" button on the bank's computer. However, a sufficiently complex and skillful manipulation of the bank's records might in fact increase the money supply, although what most criminals would ...


2

they hit a button, create money and put it somewhere obscure If that means that money is added to a bank account, it's not that simple. Bookkeeping is traditionally based on a double-entry system. Every transaction actually consists of two parts. Transfer from B to A: add amount to account A (credit the bank's liability). subtract same amount from account ...


4

This would be wire fraud, which is any type of fraud committed using electronic communications (the term originally comes from the use of telegrams to commit fraud... just like how "wiring" money devised from paying the bill at one telegram station and having the bill collector take an equal amount of money from a different station.). Wire Fraud is ...


0

This is clearly Fraud, in addition to any other crimes committed to access the system. Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree; or Whoever makes any false entry in any book, ...


0

Well, if one defies a valid subpoena, then one is in contempt of court. It's a state court subpoena that they were wrangling over, and I think generally contempt of court is a misdemeanor in the state system. Don't ever try to defy a valid subpoena!


1

The lease or rental agreement is probably still in effect. Under that agreement, the landlord or its agents will probably have a right to access for required maintenance and other purposes. The exact circumstances under which they have the right of access will depend on the provisions of the lease or other agreement. If Alice has a key, she should be able to ...


5

Jury nullification (for example, a jury simply ignores the law) developed and is legal in the US precisely because certain laws were passed that were felt to be unjust. The Wikipedia article on this subject has some interesting cases, for example the Fugitive Slave Act and Prohibition as well as maritime and free-speech cases just prior to the American ...


0

If you try to sell the software on Apples App Store you run into a problem: Apples terms and conditions state that any payment made by the customer is not for the software itself, but for the license to use it. But the GPL license states you are not allowed to charge for the license, only for the software. Together, these two terms mean that GPL licensed ...


35

Generally, the legislature is not restricted to passing laws that are a good idea. This has been remarked on by the Supreme Court (in Justice Stevens's concurrence, emphasis added): But as I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: “The Constitution does not prohibit legislatures from enacting stupid laws.” ...


8

The courts can't intervene, period. If someone files a suit or an appeal related to a law, then the courts might have jurisdiction and do something, but somebody else has to get the ball rolling. That somebody has to "have standing", and not just be unhappy: they have to have been injured (actually or imminently), there has to be a causal relation ...


8

Like @ColinLosey I am not convinced that all of the examples are indeed valid laws. There are also conceivable grounds to invalidate a law (at least as applied to particular circumstances) beyond the law being unconstitutional. For example, if the law conflicts with another law on the books, the court has to decide how to apply them together, the court could ...


3

So, I quibble with the premise of your question a little bit, because it's hard to imagine that an "extremely destructive" law, along the lines of the examples you've given, wouldn't be unconstitutional in some way. I don't know that much about tax or pharma law, but I'm not sure it's necessarily true that those two examples are constitutional. ...


3

As held in JONES v. UNITED STATES 529 U.S. 848 (2000): Because an owner-occupied residence not used for any commercial purpose does not qualify as property “used in” commerce or commerce-affecting activity, arson of such a dwelling is not subject to federal prosecution In this case, the court held that living in one's own home does not make it "used ...


4

The GCIDE dictionary itself is licensed under GPL-3.0. It consists of a bunch of files with markup, no software involved. Indeed, the GPL can also be applied to non-software works, though it is unusual. When you use material under some license, you must comply with the terms of the license. In case of the GPL, there are two highly relevant conditions: ...


0

If the person had to frequently travel to India to perform the functions of a Director, that might interfere with the person's employment and thus perhaps with the visa status. But if those functions can be done remotely, say by telephone or internet chat or meeting, or even by postal mail, I don't see an obstacle. If the Indian Company was a competitor of ...


12

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 ...


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 ...


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

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 ...


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 ...


0

who should be named as the defendant in the original motion? There is no defendant "to a motion". There is(are) defendant(s) "to a complaint", the starting point of judicial proceedings which usually entail a number of motions, hearings, conferences, a trial, and so forth. The defendant to the complaint is only the corporation you intend ...


5

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 ...


4

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 ...


9

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 ...


19

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 -- ...


5

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

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 ...


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, ...


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 ...


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

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

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 ...


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).


2

australia Yes In Commonwealth v Verwayen, the High Court determined that the government could not revoke a promise that had established a state of legal affairs under the doctrine of estoppel. In that case, the government had said that they would not rely on the statute of limitations to bar Verwayen’s damages claim for damages arising from the Melbourne-...


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. "...


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 ...


3

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 ...


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 ...


5

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.


-6

Don't treat fines as "Fees" Treating fines as fees is a complete misunderstanding of the correctional and legal system. The difference between fines and fees is that a fee is a payment to a (usually nongovernment entity) entity based on service. Fines get bigger and may (Sometimes) accumulate into a jail-time sentence. So no, you can't treat a fine ...


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 ...


-9

If it's under you're name. If the products you're wife is selling are under your name and if it is not you're well and if it's not on your behalf it might be a crime. If your wife is selling stuff to pay off a fine or maybe even debt it is legal. Source If its a joint name Unless your spouse is selling things off in order to pay for food, clothing, shelter; ...


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 ...


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