New answers tagged united-states
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So the reason the military does this is they are not going to be spending tax payer dollars on the film. The film budget will compensate the military for the footage of F-22s shooting aliens and Army units backing up the superheroes. They reason they offer is that they want a feature length commercial for their bad-ass gear. But again, it's not a tax ...
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For unitied-kingdom, there is British and Irish Legal Information Institute.
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U.S. answer only.
Are there a few database-like resources that would allow me to easily
search for such cases?
It is balkanized. It also isn't entirely clear what information about the cases interests you.
Almost all federal court filings (but not administrative law decisions) are in a database called PACER.
Each state has its own system. Some are ...
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The criminal complaint against Sarao can be found on the US Department of Justice's website. He was charged under four different sections of US Code:
18 USC 1343, which prohibits the use of inter-state or foreign telecommunications in the furtherance of a fraudulent scheme.
18 USC 1348, which prohibits fraud concerning securities and commodities markets.
...
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I imagine it's not a crime to change your mind before the order goes through, but that's not really what this guy did. The allegation is instead that he never intended to follow through on those orders in the first place.
Entering an order to sell stocks and then canceling those orders is a crime if its done with an intent to manipulate the market, which is ...
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The quoted comment is not correct.
The First Amendment makes defamation cases very difficult to win.
A case of "defamation per se" is a bit easier than a standard defamation case, as the plaintiff does not need to prove damages, but she still otherwise prove all the elements of her case, which are:
a false statement;
about the plaintiff;
published to a ...
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At least in NC, the law is unclear on the issue. However, it is my (and thanks to Brian R's comment, not everyone's) experience that such signs, flashing or with posted times, are posted every few feet within the zone.
Thus, even if the first sign you pass was not flashing, if subsequent ones begin flashing, you should reduce speed.
It may be a good idea ...
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Generally, discovery is for things which are not publicly available. Also, discovery requests must be specific, and specify exactly which documents are requested and in what format.
If you were asked for publicly available information, you could ask the judge to quash the request arguing that 1) if it's available, then can get it themselves, or 2) if they ...
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As a preface, every company must have a team of lawyers who interpret the rules and who know the practice of the Treasury Department, so that the company doesn't violate the rules and end up in big trouble. A company has to decide whether some action is worth the risk (meaning, knowing what is it worth to them, and what are the risks). There is a long FAQ ...
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Is it true that a suit of defamation could require “very little effort”?
No. Definitely not. The Wikipedia article (and understandably the comment on which it is premised) leaves out many details about substantive and procedural law which are essential in US jurisdictions.
For instance, the [Wikipedia] item of "1. accusing someone of a crime" is ...
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That SE Meta comment linked to an article that contained -
Defamation per se
Most states recognize that some categories of statements are
considered to be defamatory per se, such that people making a
defamation claim for these statements do not need to prove that the
statement was defamatory.[143]
In an action for defamation per se, the ...
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The likely issue here is that the link might be interpreted as an endorsement of your product by a user of your product. That is an easy assumption to make; after all they do use your product. The problem is that they might have made that decision in the past, and no longer endorse your current product.
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As a general principle (not specifically in Minnesota), I would not expect city inspections to be involved here. This is a straightforward contract dispute. You are paying money, and the landlord is failing to honour their side of the contract by maintaining the lawn. The normal way to resolve contract disputes is first by negotiation and if that fails, ...
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I think it really is a state-by-state answer. From a web site for doctors getting involved in Telemedicine.
Some medical boards such as Alabama, Montana and Oregon offer a special purpose
telemedicine license. Other states that regulate telepractice in medicine include Texas, Florida,
California and Colorado. The levels of regulation vary greatly by ...
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Was the individual prevented from entering because he was homeless or because he smelled bad? It seems that conclusions about the individual's living arrangements may not be the most relevant factor in this situation. From the description of the situation, it appears that the restaurant employees were concerned about an offensive odor, which is not a ...
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We don't want this issue to adversely affect our credit and got legal
consulting which suggested we should pay the debt collector to protect
our credit score, and then sue the landlord for the money back in
small claims court. I'm a little worried about this strategy since it
requires to hand away the money first, and am trying to get second
...
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I'm guessing there was no formal hearing regarding the sanitary code and no order to vacate was issued. As such, you broke your lease and are subject to the penalties outlined within it. I don't know if you gave proper notice or not, but loss of your security deposit and an additional two months rent sounds reasonable for abandoning a lease. In Massachusetts,...
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The EEOC web site has much information on this topic including summaries of close cases that have been decided in court.
To determine whether allowing or continuing to permit an employee to pray, proselytize, or engage in other forms of religiously oriented expression in the workplace would pose an undue hardship, employers should consider the potential ...
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Homelessness is a protected class in some jurisdictions.
Rhode Island and Illinois, for instance, have each adopted a "Homeless Bill of Rights" establishing the following guarantees:
(1) the ability to use and move freely in public spaces, including public sidewalks, parks, transportation, and buildings, among other spaces;
(2) equal treatment by ...
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Anti-discrimination laws apply to certain protected classes only. Homelessness (real or assumed) is not one of them, so it is perfectly legal to bar such people from your premises. It is also perfectly legal to bar people with red hair (assuming this is not indirect discrimination against certain racial groups). Nobody is required to serve everybody who ...
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The answers so far mostly address this point, but the question makes numerous inaccurate assumptions, for example, regarding the circumstances under which a civil action will be dismissed.
There are really myriad differences between civil procedure and criminal procedure that are not easily summed up comprehensively. The other answers touch on some high ...
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The differences are:
In civil litigation, the defendant is sued by the plaintiff (who may be a government, body corporate or natural person) for restitution (damages or a court order) of harm. In a criminal trial the defendant is prosecuted by the government for punishment of an offense.
Civil plaintiffs have to prove their case on the balance of ...
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In the US, there are no (and can be no) laws against hate speech. You also cannot sue a person for using an ethnic or similar epithet. A false accusation, however, might be grounds for a defamation lawsuit. Word connotations do not matter, what matters is the denotation, for example calling someone a "rapist" denotes a specific criminal act.
Even calling ...
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In the US, it may be worth looking into news articles surrounding the recent college admissions bust. It seems that the abstract structure of that issue is similar to the one you're asking about (I'm only talking about the situations involving bribing a school official, not the falsification which is a different story): a student or representative of the ...
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The Fifth Amendment only protects you against being compelled to testify by the government. So unless Wonder Woman is acting on behalf of the government, information obtained through the use of the Golden Lasso is admissible.
The question about whether she has been "deputized," is not the right one. Rather, the question is whether she is a "state actor." ...
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Criminal and civil litigation are both adversarial.
In neither scenario will the court dismiss a case because a defendant denies the allegations against him. In both scenarios, the defendant is entitled to a complaint that alleges some sort of offense. In the criminal context, that complaint usually must be verified; in the civil case, there is not usually ...
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A civil suit wouldn’t be rejected just because of a plain assertion by the defendant. The defendant would have to give evidence for his claim, the plaintiff would be given opportunity to contradict that evidence, and the judge would have to decide if the alleged crime has anything to do with the civil case.
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A published decision of the Colorado Court Of Appeals issued today is on point and holds that threatening to sue does not constitute extortion, reversing a trial court conviction entered on that theory. People v. Knox, 2019 COA 152, ¶¶ 2-4 and 48-51. The ruling says in the pertinent parts (emphasis added) that:
¶ 2 On November 26, 2014, Amber Diedrichs-...
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The first question would be whether those papers are indeed "legit", and we don't do product reviews. Assuming the company didn't mess up and she was legally served, the next question would be whether she responded (in the legal sense) or not. If she failed to respond at all within 21 days (add 9 days if she is out of state), then your next step would be to ...
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To me it appears that your agreement includes 30GB at high speed, and unlimited data at 2G or better. The phone company may have valid internal reasons to offer those 10GB at better-than-2G speeds, for instance the lack of a 2G network in your area.
Since they are the only party that can reasonably throttle the network data speed (it's their network), you ...
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You didn't specify a jurisdiction, so I'm going to answer for the UK. The principles will be similar in most places.
If you have a monthly quota, you almost certainly have a written contract with the phone company. A claim that you didn't request the service has basically no chance of succeeding.
Then legislation like the Unfair Contract Terms Act 1977 ...
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Not an answer but a data point. My daughter is a German citizen and got US citizenship before she was 18 (through me an my wife becoming citizen). At hat point she got a US passport, no problem. We also had filed and were approved for the German "Beibehaltungserklaerung" which officially enables dual citizenship for Germans.
When her German passport ...
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In Germany, you would be a “member of a criminal organisation” and that’s enough for jail. You can’t join ISIS and not commit a crime - joining is the first crime.
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They committed the crime of providing material support for terrorism
Specifically, 18 U.S. Code 2339A and 2339B. "Material support" is defined so broadly that it captures maintaining the household of an Islamic State fighter.
Most countries have similar laws and they are all equally problematical as to their legitimacy. Basically, such people are a giant ...
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A business can arbitrarily refuse service to anyone whatsoever, unless there is a specific statutory prohibition. In the US, race cannot be the basis for distinguishing how or who you serve as a business, anywhere. There are other protected categories such as age, sex, sexual orientation, marital or other family status, veteran status, religion and so on, ...
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Yes, they're able to discriminate as long as its not illegal discrimination; and there's currently no law protecting people with these views.
Both at a physical or digital store, they can be refused service and told to leave.
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so it's unclear to me whether the US Executive Order 13884 (August 5, 2019) targets the Property of the Government of Venezuela only or of all Venezuelans.
Neither. By its literal text, it excludes any Venezuelan who is a citizen of the US, a green card holder, or lawfully present in the US, or who holds a valid US visa. More pertinently to your question, ...
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Note: The answer to the question is not the same in every U.S. state and territory. I have provided definitive answers only when there is unanimity or near unanimity.
Did the deceased's family obligate themselves by not returning the the
first service, that of the Notice of Appeal?
No.
Unless they expressly agree to do so in writing to be responsible ...
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Depending on your jurisdiction, such lists may be protected, but not by copyright.
For example, in Germany there was a court decision that scanning all the country’s phone books and selling them on CD constituted “unfair competition” and was illegal, while hiring 1000 typists who would manually type in all this information would not be.
Databases are ...
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Can they? Well, they'd sure like it if you signed. I'll guarantee you that their agreement is entirely to their benefit, and not to yours. This happened to me once, back in the halcyon days of the 1990's. The company I worked for (a small-to-middling size contracting firm in the wilds of northern Ohio) was being sold to a large-ish national contracting firm ...
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The words themselves are not protected by copyright, because they are "facts" (of the English Language -- also, the list-maker didn't create the words). Lists of words created by an algorithm are "facts", and lack the speck of creativity that makes web pages protected. The corpora that underlie the lists are protected, as is the program that filters them to ...
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Yes.
The tort of trespass addresses this situation.
In California, the plaintiff in a trespass suit must prove five things:
Plaintiff occupied the property;
Defendant negligently entered plaintiff's property (this can include an entry by the defendant, or by tangible objects that the defendant caused to enter the property, Newhall Land & Farming Co. ...
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A company generally cannot compel an employee to agree to a non-compete, but they have a wide variety of alternatives for inducing employees to do so. Most obviously, they may threaten to fire employees who refuse, whether immediately or at the end of their current term, as another answer observes. Indeed, if Big Company makes an NC a condition of ...
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I assume you are working in the US outside Montana (corporate headquarters is not so important). It depends on how long they are presently required to keep you on. If you have an at-will contract (most likely), they can present you with a "sign or be terminated" ultimatum. In case you have a term employment contract, you can be forced to sign at the end of ...
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If you have a dispute over values worth not more than $7500, you may sue in Colorado Small Claims Court.
If the value is worth more than $7500, you can also waive the excess value and stay in that court, though you will not be able to collect that excess amount (and no, you can't cheat by breaking it into multiple small claims).
If the dispute value is ...
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The territorial scope of the GDPR is defined in Article 3. It covers "personal data of data subjects who are in the Union", whether they are EU citizens or not. So to answer your questions:
1) are EU users, but moved to USA a few years ago, and signed-up on my website?
They are not in the EU, so are not covered. You don't need to know if someone is an EU ...
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This is called prosecutorial discretion and in the U.S. Legal system, the Prosecutor can choose to present any case of any crime they wish. It is not Jury Nullification, in that it doesn't overturn a law, but rather, gives the prosecutor a way to not bring certain criminal charges to court. The general guiding system is that the prosecutor believes that ...
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Proclamations such as these are purely ceremonial and carry no legal weight, except to the extent they include directives to the governor's employees, who would generally be required to implement those instructions.
No one would be able use the proclamation to prove much of anything beyond the fact that the governor issued it.
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As user6726 notes in an answer, the page you link to derives from 26 USC 7701. However, it does not reproduce the text accurately. There, "United States person" is defined at section 7701(a)(30), and it notably lacks anything corresponding to "any other person that is not a foreign person."
It's possible that that language is motivated by some court ...
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The helpful information provided by the IRS is an attempt to translate the definitions under the law, so if you think you are in some third category that isn't classified as either, you consult 26 USC 7701. For example,
The term “person” shall be construed to mean and include an
individual, a trust, estate,partnership, association, company or
...
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