New answers tagged united-states
4
votes
Fair Use Re: Sending people copies of articles scrubbed from the Internet
I must agree with the answer by Michael Seifert that fair use cases can be complex, and are usually highly fact dependent. They are indeed decided on a case-by-case basis. That said, I would not ...
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Fair Use Re: Sending people copies of articles scrubbed from the Internet
Fair use cases are notorious for being a morass of grey areas that are decided on a case-by-case basis, and the only really definitive analysis is the one done by a judge or jury after you get sued ...
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Is the right to effective assistance of counsel an inherent right or a privilege
The Sixth Ammendment says:
In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence.
Effective Counsel is a standard imposed by the Court....
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Is the right to effective assistance of counsel an inherent right or a privilege
The right to be represented by counsel in criminal trials is found in the Sixth Amendment, made effective against the states via the Fourteenth Amendment.
The US Supreme Court has held that if an ...
- 89.7k
2
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Woman harrassment at Corporate workplace
Almost certainly not, but it's possible
The vast majority of jurisdictions might allow this as a civil matter, and it will be a tough hill to climb then.
Criminal prosecution is going to require a ...
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-2
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Is it legal to hack a hacker back (in the US)?
Simple. Collect data about attacker and send it to FBI. If institution do nothing (as they did not in my case, decide by yourself what to do.)
IMO. If institutions do nothing to protect you (does not ...
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2
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It is required to get authorization to use fictional/invented names as a codename?
Overview
There are two issues here.
First, is the name protected as a trademark?
Secondly, if it is protected, is the proposed use an infringement?
There is no copyright issue because names, like ...
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2
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Does the California Arbitration Act apply to arbitrations between an in-state consumer and an out-of-state business?
It depends.
In cases involving interstate commerce (presumably including this case), the Federal Arbitration Act applies, and it pre-empts contrary provision of state law, but can be (and usually is) ...
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3
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If a contract doesn't have a severability clause, could it still be severable?
If a contract doesn't have a severability clause, could it still be
severable?
Yes. Severability is a question of law determined by the court based upon what the court finds to be the intent of the ...
- 130k
3
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What is actually the difference between a *crime* and a *civil wrong*?
Crimes
In General
A crime is (1) a violation of the law, (2) defined by statute (except in the handful of states that retain common law crimes which even then typically statutorily acknowledge the ...
- 130k
4
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Accepted
Could a person be convicted for violating the US Flag Code?
No.
The Flag Code is not a criminal law, so the government is not permitted to bring criminal prosecution for violating it, and it therefore cannot secure a proper conviction for such a violation.
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What is actually the difference between a *crime* and a *civil wrong*?
The detailed answer depends on the jurisdiction that you are asking about (e.g. Saudi Arabia, France, US or specifically California): my answer is about the US. You should note that the term "...
- 157k
2
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Using image of death certificate
Different states have different rules about what kinds of vital record certificates they issue and who they issue them to. For example, California will only issue an "authorized copy" to ...
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Does attorney client privilege prevent one of your lawyers from disclosing facts to another one of your lawyers without your consent?
The issue is more one of what an attorney is ethically authorized to disclose pursuant to professional ethics rules (Rule of Professional Conduct 1.6 as enacted locally) more than one of attorney-...
- 130k
4
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Under US law, what happens if it is not possible to gather an impartial jury?
In the U.S., in a criminal case, there is a right to a speedy trial, and if a jury cannot be assembled by that deadline (as extended by available extensions) for reasons that are not the defendant's ...
- 130k
2
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Is self-reported wellness covered by HIPPA?
Overview
Firstly, HIPAA is intended to restrict what information may be released without the consent of the patient (or guardian where applicable). Any information may be released in accordance with ...
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Is there a volume limit on FOIA requests? Could I effectively request every police report?
There are already multiple services collecting crime reports for individual ZIP codes, and within those for specific neighborhoods. I used such a service when buying a house several years ago. A ...
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2
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Is there a volume limit on FOIA requests? Could I effectively request every police report?
First note that HHS is a federal agency, and "the police" are not a federal agency. You have to look into the law governing the specific agency. At the federal level, this is controlled by 5 ...
- 157k
4
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Is self-reported wellness covered by HIPPA?
It first depends on whether you are a "covered entity". This is laid out in 45 CFR Part 160. §160.103 defines the various terms such as "covered entity", "business associate&...
- 157k
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Must the interrogation stop when the right to counsel has been invoked?
The 5th amendment jurisprudence has resulted in a rather complicated (painfully so to anyone who isn't a well-trained lawyer, and probably still so even then) set of rules of what happens in reaction ...
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Must the interrogation stop when the right to counsel has been invoked?
Not in canada. See para. 63 of the majority's judgment in R. v. Sinclair [2010] 2 SCR 310, which split 5-4.
[63] Our colleagues LeBel and Fish JJ. also assert that our approach is such that the ...
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Must the interrogation stop when the right to counsel has been invoked?
Not really. There are court rulings stating that a suspect has the right to stop talking, but there isn't much in the way of actual recourse against the police other than the exclusionary rule. This ...
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0
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Do NDAs limit disclosure of their own terms
It doesn’t matter
An NDA is protected by copyright, just like any other literary work. It is unlikely that the person who uploads it is the owner of that copyright. As such, uploading it is copyright ...
- 148k
2
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Can I use my own Stack Exchange answer in a book?
I believe there is another issue you may have to consider, and that's your contract with the book publisher. You have already granted some rights to Stack Exchange, and that means you cannot assign ...
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0
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Would this constitute commingling of funds?
Write a check.
If you do so, you don't need a receipt since the cancelled check or an electronic copy of it that will be provided to your bank will suffice. And, you have never taken the money out of ...
- 130k
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Do NDAs limit disclosure of their own terms
The logic of the contractual prohibition is this: "We offer you X, and you must agree to terms Y, one part of which is not disclosing Q" (Q could be anything, including the content of that ...
- 157k
3
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Do NDAs limit disclosure of their own terms
The question reads:
I see an NDA as a pseudo-public document, something you need to read in detail before you acknowledge and opt-in to limit rights (discussion of topic/tech).
Unfortunately for ...
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Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?
england-and-wales
In England the answer is an unequivocal maybe. The law certainly gives you the right to act in self-defence of someone other than yourself and to use any level of reasonable force to ...
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Must the interrogation stop when the right to counsel has been invoked?
england-and-wales
In England, you have an absolute right to have a solicitor (either your own, or a free duty solicitor) be produced "as soon as is practicable" on your request*. There is, ...
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Is giving birth a function of immigration law in the US?
While in many areas of law the federal government and states have concurrent jurisdiction, immigration is not one of them.
The federal government has exclusive jurisdiction over immigration, and the ...
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3
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Accepted
Would you have a recourse if law enforcement listened to your priveledge conversations with legal council?
Yes, one has a right to privacy in such a case
This right is clearly established, and so an officer or other government official or employee who listened in or authorized another to listen in could ...
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18
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Must the interrogation stop when the right to counsel has been invoked?
Under Miranda v. Arizona, interrogation must stop. Subsequent case law has refined when that rule holds. It is not sufficient to indicate a desire to speak to an attorney, it is necessary to ...
- 157k
24
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Accepted
Must the interrogation stop when the right to counsel has been invoked?
Yes, for the jurisdiction specified in the tag
In the United States, questioning must stop as soon as the accused assserts his or her right to counsel. It's been upheld by subsequent precedent, but ...
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4
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Would this constitute commingling of funds?
indiana
Note: The sources below are for client escrow/trust accounts rather than IOLA accounts per se, but IOLA appears to be substantially similar in the sense that they represent funds that the ...
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When does the state of Ohio consider someone a resident of Ohio?
There are 4 main criteria for "becoming a resident": taking a job, signing a lease, buying a home, or enrolling children in school. For tax purposes and applied to individuals, under ORC ...
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2
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Accepted
Can a typeface always distributed in digital form be recreated by hand?
Typefaces are not protected by copyright. If you extract the typeface from the font file, e.g. by printing it, it is now just a typeface, and thus not protected.
https://web.archive.org/web/...
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4
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Can I use my own Stack Exchange answer in a book?
I also modified the answer, and added to it, but some original passages remain.
If the content is strictly your own plain text and equations that's one thing, but some posts may also contain block ...
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4
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Does the rebuilding of St Nicholas church building pose a constitutional problem?
Why do you assume "government" funding is involved?
From Frequently Asked Questions | Saint Nicholas Greek Orthodox Church
The rebuilding of Saint Nicholas is being funded through “The ...
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Accepted
Can I use my own Stack Exchange answer in a book?
Yes, that’s allowed. Under the Stack Exchange terms of service, content you upload is licensed to Stack Exchange Inc. on a non-exclusive basis under CC-BY-SA 4.0. The terms of service do not give ...
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4
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When does an officer's discretion end, and where does an officer's duty begin?
There is an important distinction between moral duty and legal obligation. Even if an officer should arrest a person, given some moral standard, they are not legally obligated to do so. A test for ...
- 157k
5
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Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?
Sort of
The 25th Amendment is crystal clear that the VP and a majority of the cabinet can declare in writing to the president pro tem of the Senate and the speaker of the house a presidential ...
- 157k
5
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What restrictions is a teacher under when they suspect a student of having ADHD?
There is no specific statute in Missouri that prohibits a teacher from saying "ADHD". There is a specific federal statute that obligates the school district to make accommodations if a ...
- 157k
1
vote
Accepted
Reproduction of phrases from characters for reuse
US Copyright Office Circular 33 says (on page 2):
Words and short phrases, such as names, titles, and slogans, are uncopyrightable because they contain
an insufficient amount of authorship. The ...
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2
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Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?
Yes
The 25th amendment is crystal clear that once the Vice-President and a majority of the cabinet have provided a written notice (text or email will do) to both the President pro tempore of the ...
- 148k
0
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Obtaining a Power of Attorney in a different state than resident state
A power of attorney can be signed and notarized anywhere. It is better if it conforms to the requirements of the state in which the principal (the person granting the power) lives. But it does not ...
- 89.7k
0
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Can you be charged for breaking US laws abroad?
Extraterritorial jurisdiction
Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the external territory (except by the exercise of force), it ...
- 148k
1
vote
Liability of joint bank account owner (U.S.)
No
Merely having a joint bank account with soemoen does not make one person responsible for the other person's debts or obligations.
However, a financial association of the kind which leads to a joint ...
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3
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Accepted
Should "Prenuptial agreement" be provided while getting marriage licence?
To supplement the correct answer by user6726:
There is no need anywhere in the US to file a prenuptial agreement with county clerk or any other part of the government when applying for a marriage ...
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4
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Should "Prenuptial agreement" be provided while getting marriage licence?
There is no requirement in California to file a prenuptial agreement before obtaining a license. There is a requirement for disclosure of property and finances, 7 days minimum to review the agreement ...
- 157k
11
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If Congress passed a bill written in a language other than English, would it be valid?
Under Article VI of the Constitution, treaties have the force of law, and the United States has sometimes ratified treaties in languages other than English.
For example, the treaty signed with Morocco ...
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