New answers tagged united-states
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Breach of contract by one party does not allow breach by the other
If you are the innocent party you have three options:
Overlook the breach and continue to perform your obligations.
Seek to have the breach rectified in accordance with the terms of the contract which may involve litigation for damages and continue to perform your obligations.
If the breach ...
1
But if I do file a claim and win, is it normal in a Small Claims court
in the USA for the plaintiff to ask not only for a refund of the money
that was taken unduly, but also for the defendant to refund the court
filing fee the plaintiff had to pay, and maybe other expenses of the
plaintiff like a compensation for the time lost on corresponding with
...
0
The rights and obligations of parties to a contract are not defined in terms of the performance of the parties, unless it is. The first thing to do is look at the contract and see if anything says that payment can be suspended until the goods are delivered. I assume there is no such clause. So it appears that one party (the dealer) is in breach, and the ...
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There is a potentially infinite regress of questions regarding the constitutionality of restrictions imposed under these "emergency" circumstances. The basic legal principle is clearly established: laws restricting fundamental rights are subject to strict scrutiny. The specific details of a particular law and surrounding circumstances have yet to be ...
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It is difficult to keep track of the rapidly changing legal variables, but it would be illegal and unconstitutional for state police to set up an unauthorized stop-and-search checkpoint on the road ("due process" means "following the law"). As a prelude, there would have to be some higher authority that empowers them to do this. You would have to scrutinize ...
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The United States government has sovereign immunity, meaning that you cannot sue it unless it consents to being sued. The US has consented to suit for certain things, but not in state courts. Immunity has been waived for some tort cases by the Federal Tort Claims Act, and all lawsuits under this act happen in the federal district court for the appropriate ...
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A "first mortgagee" is a person who has a lien over the property and if there is more than one, the one with the highest priority. Usually, this is a lender who holds a mortgage as security for the loan.
Some Units will have first mortgagees and some will be unencumbered. Those with first mortgagees will have a certain number of votes. To change the by-laws,...
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Do I have any recourse for invalidating all or part of the contract?
No.
There is a presumption in contract law that when a contract is reduced to writing then what that writing says is what the parties agreed. Also, if you signed it, then you are legally stating: I read it, I understand it and I agree to it - don't sign things you don't understand. If ...
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Whether or not a lawsuit against the attorney is at all practical is a matter that only your other attorney can advise you on (after carefully studying the facts). The primary question is whether the attorney was negligent (there is also the question of whether there was significant damage resulting from the error).
It is possible that the contract can be ...
1
The Department of Labor has a page about the law. Some excerpts (boldface mine):
Most employees of the federal government are covered by Title II of the Family and Medical Leave Act, which was not amended by this Act, and are therefore not covered by the expanded family and medical leave provisions of the FFCRA. However, federal employees covered by ...
3
Please read before down-voting for not answering the question.
Whilst the Landlord may not be responsible or repairs to the washing machine during the lease, they are very likely responsible for it being in a serviceable condition at the commencement of the lease. Whilst it is also possible that the machine just happened to fail during the first use by the ...
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A reasonable suspicion for a Terry stop has to be based on "specific and articulable facts", and not based just on a hunch. A mere "feeling" that a person may be traveling unnecessarily would not legitimize a stop, but some concrete evidence could. For example, 8 teenagers in a car repeated driving a loop experientially looks like cruising, which is not in ...
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The details are state-specific, but follow a pattern. Martial law refers to "who has authority". In Washington, the powers of the governor are spelled out here. RCW 38.08.030 says
The governor may by proclamation declare the county or city in which
troops are serving, or any specific portion thereof, to be under
either complete or limited martial law ...
5
As an addition to Greendrake's answer:
A lot will depend on the exact nature of the agreements, both the original lease agreement, and any agreement around the repair of the washing machine.
As written in Greendrake's answer, there is no ground to believe the tenant can claim ownership of the washing machine. The machine was replaced under a guarantee that ...
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Basically nothing, most likely.
I am not a lawyer, but I think it's most likely that very little would need to be changed to be counted as "transformative", at least in America. Recently, in the case of Carl Benjamin (Sargon of Akkad) vs Akilah Hughes, it was found that Benjamin's video "SJW Levels of Awareness" was transformative Fair Use, even though it ...
2
Not very novel
What you are talking about is a derivative work. This is arguably the most famous example:
It's an interesting example because Leonardo da Vinci did not have copyright in the original but Marcel Duchamp and Francis Picabia do have copyright in the derivative. Even though the changes are physically small, they are enough.
A crucial factor ...
3
You can licence your copyright under as many licences as you like to as many people as you like
It's your copyright - you can do what you want with it.
What you can't do is give someone an exclusive licence and then give licences to others - that would be a breach of contract with the exclusive licensee.
How you let people know about the available ...
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It's not registered
I'm pretty sure this car is not registered.
It's not a requirement to register motor vehicles. It is illegal to drive an unregistered vehicle on public roads.
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It’s unlawful to name goods and services after a trademark in a way that would cause confusion. You are neither a good nor a service.
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There are at least five main federal limitations on state taxation, in addition to those imposed under state constitutions. Subject to these limitations, the power of states to impose taxes is plenary (i.e. unlimited).
Jurisdiction To Tax Activity Within And Outside A State
Evidently the states can tax (a) income and property of citizens and
entities ...
1
Sorry, I'll have to opt for a no-quotes answer. The question is, does your answer have the scintilla of creativity required for copyright protection? That creativity arises from identifying relevant text from elsewhere, deciding how much is relevant, eliminating superfluous verbiage, collecting a relevant set of such texts (assuming that the parts of an ...
5
Are there any restrictions on the taxes or duties a U.S. state can levy?
Yes. For starters, states may not use taxes or other means to impede the federal government in its constitutional exercises of power. This precedent stems from a case called McCulloch v. Maryland from 1819. In 1816, Congress established the Second Bank of the United States. Many ...
38
The house Owner owns the washing machine.
Paying the deductible on Owner's warranty has nothing to do with (changing of) the ownership of it.
Effectively, the tenant has incurred expenses just for arranging the replacement.
Lease specifically stipulates that Tenant is welcome to use washer/dryer but that Owner is not responsible for fixing them if they ...
0
User6726 has the right answer. However I would like to add two things to that answer that are a little different:
Just call the police and report them. Call from a friend's cell phone if you need to but there is no reason that the police need to know your name nor is there any reason they would pass this on to the offender. Some states have ...
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So, in short, the bank did what you asked them to do (close your account).
What do you think they did that might be unlawful?
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The former employer owns the specific code that you wrote, but not the knowledge that acquired. If you copied chunks of code from the original that you wrote, that would be copyright infringement and the company could sue you. Re-using ideas that you got when you wrote this is okay, because ideas are not protected by copyright. It is, however, possible, that ...
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If you live in an at will state then you have no legal recourse.
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Since violation of the order is a misdemeanor, you may report it to the local police. It is up to them, and the district attorney, to decide whether this is important enough that they will take action. If you want your name to not be associated with the report, you can try reporting anonymously, though that may require mailing an anonymous letter to the ...
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People are laid off all the time when sales are down, the market is bad, etc: there is no legal "right to a job" except whatever is in your employment contract. There is a legal concept of promissory estoppel which boils down to promises being binding. However, there has to be a clear and definite promise, not for example a statement like "we hope to bring ...
5
No punishment followed because those policies are not the law, and, even it was found out earlier, no Inspector General would have the authority to dismiss Mrs. Cliton, it's POTUS's prerogative, as I understand it.
That is true for maybe 10 people max in a government department. For the tens or hundreds of thousands of employees who weren't appointed by the ...
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None of the above. A grand jury issues an indictment. It usually (universally?) does so at the recommendation of a federal prosecutor, who may decide based on a recommendation from the FBI. This is required by the 5th Amendment, which says "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of ...
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I expect there to be some "clarifications" of the order, which orders all residents of California to stay home and does few exceptions. There is an exception for people doing to work in "16 critical infrastructure areas", but no exception that allows you to go to the grocery store. However, it later says that "when people need to leave their mores or places ...
4
In the US, only crimes that involve death or crimes against the state can be punished with death, see Kennedy v. Louisiana, 554 U.S. 407 (this was a child rape case and execution was held to be unconstitutional). There is a consideration of "proportionality" whereby execution is not an option for all crimes involving death. The court doesn't include or ...
5
Law and politics
Courts interpret the law in the context of particular cases. These courts are themselves an integral part of the law they interpret and how they interpret the law is part is the law itself. This goes by the name of Judicial interpretation or, more narrowly, Statutory interpretation.
There a multitude of different techniques for doing so; ...
2
The USA is a country with a common law legal system. This means that previous cases are considered for new cases, and are actually definitive for them; they become part of the law. If a new case matches the details of an old case then the same judgements must be followed. Judgements that differ can be appealed and will often be overruled if they did not ...
4
In reality, nothing will probably happen. There is no record of anybody being prosecuted for ignoring the census since 1970 (as of 2014, the article hasn't been updated since then).
13 U.S. Code § 221.Refusal or neglect to answer questions; false answers:
(a)Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by the ...
-2
A government ban on all gatherings of more than 10 people in the context of minimizing damage from a pandemic is something that is quite understandable. But people need to appreciate that there is a fine line between banning gatherings/movement/human-activity for a useful, acceptable and TEMPORARY reason and a totalitarian repression of the citizenry.
...
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You can't, but fortunately for you gender dysphoria is once again a disqualifying condition for induction into the US military. Should there ever be a draft your local draft board would classify you 4F, not qualified for military service, and you wouldn't have to go. However should a different administration reverse this position and call a draft before your ...
1
Under current state law, the state of emergency does not clearly change anything. The health club contract law is here: the crucial thing is, you have to read the contract. The law did not anticipate a governmentally-mandated shutdown, but does address the question of cancellations in RCW 19.142.040(7). The two most-relevant conditions are:
(c) If a ...
1
In addition to the interpretive issues raised in other answers, there are also practical, logistical reasons. There simply aren't enough investigators and prosecutors to enforce laws like this too broadly.
So the emphasis is given to the clear, major violators, as prosecuting them will provide the most "bang for the buck".
This does open the door to biased,...
-1
You should notify it to Google or Apple.
The application is clearly spying on customers.
The owner of the application said "we only collect X information" but instead, the application is collecting X + Y. then it breaches the contract.
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To supplement MSalters' answer, 18 USC 1464 results from a large-scale reorganization of federal criminal law in 1948. It comes from the Communications Act of 1933, which (§ 326) states that "No person within the jurisdiction of the United States shall utter any obscene, indecent, or profane language by means of radio communication". . Radio communication is ...
13
Common sense, prosecutorial discretion and jury nullification.
Laws are applied by people, not computers. Those people are mostly reasonable — they tend not to apply laws where such application will cause chaos. Where this becomes less feasible, the laws get eventually changed.
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This ultimately is a matter of Statutory Interpretation. One of the principles of statutory interpretation is that all words are interpreted in their context. For your example, that means we look at the title of 1464, "Broadcasting obscene language". From this it becomes apparent that radio is used in its common meaning of AM and FM radio broadcasts.
...
1
As the company implemented it that way, it is a bad idea to notify them.
First and foremost, you notify the company of a security issue - you give them a reasonable amount of time to resolve it, and then you publish it. The management may know nothing about how the data is handled, and may rush to fix it when notified - you cannot make an assumption that ...
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Re. The only state in the union that can secede is Texas, who joined 1845 and it was written into the Texas State Constitution. That's the way it was, dont know if it changed. Least it was that way when I grew up in Texas and studied Texas history.
Re Virginia. The problem in Va is that the southern half all the way to Norfolk is conservative. The Northern,...
1
In practice, reasonable suspicion will usually be self-evident in the face of a shelter in place order, and hence will justify a Terry stop.
Neither the reasonable suspicion standard or probable cause standard are modified per se in a health emergency. But, there are circumstances when a health emergency might justify a checkpoint at which everyone is ...
49
Apparently, you cannot do this at any point, unless the law changes at some time in the future:
FOR INDIVIDUALS ASSIGNED MALE AT BIRTH
People who were assigned male at birth are required to register with the Selective Service within thirty days of their eighteenth birthday. This includes those who may have transitioned before or since then. The ...
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The Free Exercise Clause of the First Amendment requires government restrictions on churches to satisfy a compelling government interest, such as preventing massive deaths from disease. The Establishment Clause of the First Amendment prohibits the government from granting special privileges to a specific religion or to all religions (Everson v. Board of ...
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You will probably not be able to take a tax deduction for this.
The IRS requires that the space that you use for your home office is that the portion of your house is exclusively and regularly used for business purposes. It also must be the principle place of your business.
Some employees can use the home-office deduction, but there are tests there too:
...
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