New answers tagged

1

Statutes provide that federal judgeships are a full time job. It isn't expressly constitutionally prohibited, however. Indeed, there have been times in U.S. history when higher court judges served in lower federal courts "riding circuit" to meet personnel needs. This is still done by senior judges and sometimes in other circumstances, on a ...


2

A company can mandate getting a flu shot as a condition of employment. The government can do the same (for its employees) – Washington state has done so at least for covid. Some individuals qualify for a disability accommodation, so they would be exceptions (e.g. they could be moved to working away from the public). A sincere religious conviction also gives ...


1

Normally, a U.S. brokerage firm would honor a court order from the jurisdiction where the decedent was domiciled at death concerning succession to ownership of the brokerage account if: There was no beneficiary or joint owner of the account. There is adequate proof that the account holder is dead in the form of a death certificate. There is adequate proof ...


1

If the younger person starts a civil suit against the older person for statutory rape, can the older person countersue for "actual" rape? There is no civil action counterpart to statutory rape. Is there any way that the older person can use the "actual" rape as a defense in either a civil or criminal charge? Statutory rape does not ...


1

Duress is a defence even in strict liability offences If the facts are as you say, then the older person has not committed statutory rape.


3

I think that the premise of the question is overstated, because, in fact, contrary to the question's assertion that "the EU the composition of respective judicial bodies, whether they hold "conservative" or "progressive" personal opinions don't influence the state of affairs much", the political makeup of constitutional courts ...


1

If the account is to be treated as part of the general estate, and go through the probate process, the executor will handle the matter. Probate would probably be based in whatever jurisdiction the deceased was domiciled in. If the matter is to be handled as a direct transfer outside of probate, the brokerage will have its own procedures. The best way to find ...


2

One aspect that @David Siegel's answer neglects is that the nature of the U.S. Constitution in history. It the oldest extant national constitution in effect in the world and a strong influencer in many other nation's Constitutional Documents, but those were drafted after the U.S. constitution and settled a lot of issues at drafting that the U.S. one left to ...


3

There is certainly no legal problem in asking if the tenants would be agreeable with the landlord discontinuing the security service. Even if it were in the lease, a lease like pretty much any contract can be changed by mutual agreement of all parties (unless there is a law preventing such a change, which is rare and I do not think will apply in this case). ...


3

At the federal level, there is no real equivalent to what you're describing. A probable cause hearing evaluates the government's evidence in a similar way, but it doesn't ask whether a reasonable jury would convict. The closest I can think of is a Rule 29 motion, which does ask that question, but not until trial has already begun. You typically make the ...


9

Is it like our "Tribunal de Police" for speeding on the road, noises during the night and others petty things of the same kind? Or is it more like "Tribunal correctionnel", when it covers matters which are a little more important? In some cases the former, in some cases the latter, and in some cases more than either of the courts, as ...


2

presumably due to a software glitch You can prove that? I’ll give you several other equally “presumable” scenarios: the Post Office lost it. It happens and if the bank can show they posted it, that’s your problem. it was stolen from your mailbox. You can prove you keep your mailbox locked? you got it and misfiled it and forgot about it. you got it, missed ...


10

Each state in the United States sets up their courts as the legislature sees fit. Some have courts for less important matters that are officially part of a municipality such as a town or a city. Others may have similar courts that cover a judicial district that is separate from a municipality, but is about the same size as a municipality. Some states have ...


17

It depends on the state. Unlike France, a unitary nation, American Federalism typically means States may define different legal concepts differently. In California for example, Municipal courts hear Misdemeanor criminal Cases, preliminary Felony Cases, and Small Claims civil cases and serve county wide jurisdictions. In other states, the court may only ...


2

Can the parent company be forced to pay for the damages after the spin off move was made? Generally speaking, yes. The transaction, taken as a whole constitutes a fraudulent transfer of the parent company to LTL. The bankruptcy trustee has the power to sue the parent company to make good on this fraudulent transfer, at least under U.S. Bankruptcy law (Title ...


1

In this context, structuring a capital gains tax as an excise tax means that the taxation of capital gains on a stand alone basis is divorced from the context of a larger comprehensive law taxing income in general (which Washington States's constitution prohibits).


0

In addition to the above great answers from David Siegel and user6726, on top of the F.T.C.'s Used Car Rule which, specifically for California, a 1969 case of a Hungarian descent plaintiff Laczko that is since a corner-stone for statute-based "nonconsensual duty-breach" tort liabilities in the state (and possibly beyond): This alleged misconduct ...


2

Knowingly selling a car with an incorrect odometer reading is a crime unless this is disclosed properly. It also gives rise to a right of private action, that is the buyer can sue. The California Vehicle Code, Article 10. Odometers includes the following provisions which might be relevant to this issue: Sec 28050 It is unlawful for any person to advertise ...


0

It is fraud, and there are two possible remedies (one for you, one for the government). The person who did it could be sentenced to prison, which doesn't directly help you other than providing a level of satisfaction. Both California and federal law provide for criminal penalties (49 USC Ch. 327 at the federal level, Vehicle Code Art 10 at the state level). ...


1

A partial answer - the invention has no relation to copyright law. Copyright covers a specific expression, not the underlying ideas. It is the ideas in the work that inspired the invention. Its commercial success has nothing to do with a potential copyright infringement.


9

There are several reasons. But a major one is the difference between the civil-law and common-law legal systems. Most European legal systems are civil-law systems, and were significantly influenced by the Napoleonic Code. In this tradition, laws, including constitutions, tend to spell out rights, obligations, and procedures in relatively precise detail, and ...


-1

Most national constitutions are structural, ie, executive, legislative, judicial, dates and organizations of elections, taxing power, etc. These don't seem to require much interpretation, even in the US. One reason for supreme court cases is the division of powers between states and the Federal government. Sometimes a state and the Feds just disagree about ...


0

maryland Rules on this vary from state to state in the US, so for an example I will look at the laws of Maryland. Maryland Law The relevant law is Maryland code Section 6-103 This section provides: (b) In general.- A court may exercise personal jurisdiction over a person, who directly or by an agent: ... (b)(3) Causes tortious injury in the State by an ...


4

united-states In the US, such an IOU may be grounds for suit The Uniform Commercial Code (UCC) which has been enacted (with minor variations) in every UIS staye, governs such matters. UCC § 3-104 provides that: (a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount ...


3

The US election authorities already record who voted in which elections, and that information is a matter of public record. When I was active in politics some years ago, and at one point a candidate for local office, my campaign and others routinely purchased from the state a "voter list" for each district. This list showed each registered voter, ...


16

The default choice of law rule is that intestate succession is governed by the law of the place of domicile of the decedent at death (i.e. by the law of the state where someone resides in the U.S. in this case), if there is no will and if no other consideration applies. Incidentally, the citizenship of the decedent is pretty much irrelevant. You don't need ...


7

Schools can generally ban whatever they want, but there are some restrictions. The first principle is that public schools have less freedom to ban things compared to private schools: arms of the government cannot infringe on your constitutional rights, but constitutional rights are about the relation of the individual to a government. A state can pass a ...


32

No it is not illegal A school can ban or block online content from its own computers or connections as its administrators or teachers think proper, and does not need any law that authorizes or requires them to do so. The US Children's Internet Protection Act (CIPA) requires schools and libraries which receive discounts for Internet access or internal ...


3

The provisions of the credit card account agreement will be governed by Delaware law, except to the extent to North Carolina public policy overrides it. The provisions of the online services agreement will be governed by New York law, except to the extent to North Carolina public policy overrides it. The electronic communications agreement will be governed ...


4

UCC section 2-509 is the law pretty much everywhere in the United States, and it addresses your situation: Where the contract requires or authorizes the seller to ship the goods by carrier ... if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier. ...


2

The Contract Who is responsible for loss or damage to goods in transit (as between the parties) is a matter for the parties to determine and agree. The carrier may have liabilities to either or both of the parties under their contract or if they were negligent but that is beside the point. In B2C transactions, some jurisdictions explicitly place this ...


1

united-states Unlike Germany, in the United States, ownership of the ground doesn't give control of the airspace. Once you're off the ground, you're under the exclusive jurisdiction of the Federal Aviation Administration. Many of the larger power plants, such as Hoover Dam, are covered by flight restrictions that prohibit you from flying close to them. The ...


2

Yes for California. Depending on whether it’s a service, a goods or a person they promote Civ. Code § 1770 (a) (2) or (5) would apply: “The following unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are ...


3

united-states Yes. Last week, the FTC issued a statement explicitly stating that the following practice, among others, is a violation of the FTC act: misrepresenting an endorser as an actual, current, or recent user of a product To clarify, these laws are not new. The FTC's announcement is a reminder of existing law.


3

Drafting a contract for another person could be considered practice of law: Among the acts which constitute the practice of law . . . are the preparation, drafting, or selection or determination of the kind of legal document, or giving advice with relation to any legal documents, or matters including the following: offers, options, deeds, mortgages, ...


1

Yes, it appears so. The ways that your obligations under an affidavit of support can be terminated are found in 8 CFR §213a.2(e)(2). There are five options: The immigrant (your ex-spouse) becomes a US citizen. The immigrant works for 40 quarters (10 years), earning enough money to be covered under Social Security during each of those quarters, and not ...


4

In the US, there is no general legal duty to aid. Certain states (Wisconsin, Minnesota, Washington – about 10 states) have imposed such a duty. Otherwise, duty arises only because you have caused the peril, or because you have certain pre-existing relations with the person. Pennsylvania does have a duty to assist law, applicable to drivers of vehicles ...


0

I am in England but, if it is any help, I would suggest: Legal Philosophies by J W Harris as an introductory text which gives references to other books.


4

Jurisdiction: england-and-wales TLDR; Writing a software licence is not considered "practicing law" so it is legal to do so without being a qualified lawyer. Full answer The relevant governing law is the Legal Services Act 2007. Section 12 sets out the "reserved legal activities" and sections 13, 14, 18, and 19 provide that it is an ...


3

Writing your own contract can be a legal minefield. When I first went free-lancing I drafted my own agreement, then decided to show it to my lawyer just in case. He made two points (Australian law, but I think that both points would apply in the US). The meaning of a contract is not necessarily the meaning intended by the parties to the contract: the ...


0

Yes. B has either solicited A's offense (depending on what you mean by an "immaterial reward") or aided and abetted it through encouragement. In most jurisdictions, A and B would be subject to the same liability and punishment.


-1

You gave the President as a deliberately silly example of a public figure, by which I think you meant, public employee. The President doing it raises a number of issues that would be unique, and have never been litigated, so I’ll answer for employees of the federal government in general. Under Executive Order 10096, which was issued by President Harry ...


0

Here's an example: Arizona v. California, 373 U.S. 546 (1963) wherein the Supreme Court held Congress acted within its realm of authority when it created a plan to manage and operate the Colorado River even though it had previously granted consent to the Colorado River Compact whose purpose was to assist in the management and operation of the body of water. ...


0

Yes - there is no prohibition on a public figure, even the president, thinking up something and filing a patent application. A government employee who invented in the course of their job would probably be required to assign it to the agency they work for but an elected official is not in that position. Can a president create the intellectual property of an ...


1

Will they be allowed to even announce it? That's an easy one: Yes, the President of the United States can absolutely announce the invention of whatever they want. Firstly, such an announcement is very likely to be protected by the First Amendment regardless of whether the announcement is made by the President or by any other person, because making an ...


3

As my (income) tax professor said (about taxation), "you often have a general rule, an exception to the rule, and an exception to the exception." The general rule is that you can "tamper" with the evidence to a deed. (You can clean up after yourself.) The exception to the foregoing is that you may NOT "tamper" if 1) the deed in ...


52

As Greendrake says, you can legally create your "open source" license. There are two problems with this: Since you are not an experienced contract lawyer, there is a significant risk that your license doesn't do what you intend it to do. As a consequence, people who you want to use your software might not do so, because your license prevents it or ...


27

Is it legal to write a software license if I'm not a licensed attorney? Yes. creating a contract is considered practicing law. Is that true? Yes and no. You don't even need to know what the word "contract" means to create one. Indeed, you do it every time you buy or sell. So, it's "no" when you're doing it for yourself. Or you can say &...


-3

The key to interpreting that sentence is "against large wildlife". Any regulations regarding the use of weapons (like the ones outlined by ohwilleke) would apply regardless of what you're shooting at. In that particular sentence, they're calling out large wildlife to indicate that legality aside, defending yourself with a firearm in those ...


1

A duly enacted federal statute or treaty passed after the interstate compact is entered into may supersede or abrogate provisions of the interstate compact, even if the interstate compact, on its face, says otherwise. This is mostly because: Federal law is supreme over state law, and A later enacted law or treaty may overrule any previously adopted law or ...


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