New answers tagged united-states
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As you can see in this well-known chart, unpublished works have a US copyright term of 70 years after the author's death. Thus the original would be in the public domain if the author (photographer) died before 1949, but still under copyright if the death date is 1949 or later. If the date of the author's death is not known, copyright lasts for 120 years ...
1
Probably not
In order to establish negligence as a Cause of Action under the tort of negligence, a plaintiff must prove that the defendant:
had a duty to the plaintiff,
breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person),
the negligent conduct was the cause of the harm to the ...
0
Derivative works are separate works with distinct copyright terms
For your example, the derivative is public domain, the original is under copyright until 70 years after the photographer's death.
0
Silence is not cause.
However, this may not prevent a search. The officer does not need to tell you that he has probable cause, he must simply have it in order to conduct a search. If he obtained the probable cause before he pulled you over (this is likely), then he will order you out of the car and search over your voracious (and..silent?) objections.
If ...
4
As a former rental car employee I can explain why this is. Cars that are rented to customers for insurance reasons (accidents, etc) are supposed to match the size of the car that was damaged as close as possible. I'm speaking for one rental car company in particular here but I'm assuming others have a similar policy but every 2 years old the car is it goes ...
0
The constitution is imbued with the idea of rule of law, but I guess that you want a more "technical analysis," i.e., how the principle of "no one is above the law" can arise from the constitution from a less abstract and more palpable perspective.
Before I answer that question, I have to point out that, literally applying the law equally to everyone can ...
1
It's not just legal, but often (depending on the state/county) legally required, otherwise they would be considered 'negligent' in helping providing a minor with alcohol, which can get them in jail.
6
Yes.
In 1872 President Grant was stopped for speeding (on horseback, mind you). The officer, observing that he had stopped the President of the United States, initially let him go with nothing but a verbal warning.
Later the same day, the same officer stopped Grant again speeding in the same place. The officer then informed Grant that he would have to be ...
3
It's not odd to extradite people who are accused of crimes. The US has extradition treaties with many countries: see List of United States extradition treaties - Wikipedia. Extraditions are also recognized by international law: Extradition - Wikipedia
As for El Chapo, the reason for his extradition is
The decision to extradite Mr. Guzmán was an about-...
2
I believe it refers to the fact that some earphones are built in such away that they hook over the top of the ear (a common feature in earphones designed for fitness as those without the hook may become loose) or a feature where the speaker can swing away from the ear for better listening to a person. Additionally, it is entirely possible to not have ...
16
The answers here are already correct, but wanted to make a quick comment over this
Even when I left the store to wait in the car they made him check out at a different register.
It is of course completely silly that this is required, but from what I was told when I worked at a liquor store this was needed. The idea is by checking out at a different ...
37
You go into a store, pick up an item, go to the counter and you think you are legally entitled to own the item provided that you pay for it? Wrong. Wrong for any item, not just alcohol.
Items that are on the shelves in stores are not offers in terms of contract law. They are invitations to treat/bargain. When you take an item to the counter it is you who ...
69
It is legal, at least in the US, for a store (or other entity) to refuse to sell any item to any individual for any non-prohibited reason (prohibited reasons are typically things like race or religion).
More over, in various US jurisdictions, it is prohibited to "furnish" alcohol to a "minor" (for example, under California's ABC law), which can be ...
0
I would check your local and state laws regarding rendering aid (often referred to as Good Samaritan Laws). Usually, when acting in good faith in the assistance of a person who is reasonably believed to be ind distress, you cannot be punished for damages in the course of rendering aid (Often called Life over Limb policy, the hypothetical situation is that ...
3
Wife was an RA at a women's college.
I'm seeing this from two perspectives...
1) the police / fire are just human beings like you and me. They're not infallable. There may be a single set of keys, and the person responding might not have them. But, if the officer or fire personel are responding to an emergency, then they do need access. Facilitating their ...
-1
Assuming this is a US-based campus, the Constitution grants protection from unwarranted searches as well as a guarantee of personal privacy. A police officer can't legally ask you to open a resident's door since you don't own the property, and the campus could be charged with violating civil rights if you did. There's still a gray area, but there should be ...
1
The Military Law of the United States is collected in the Uniform Code of Military Justice and has Jurisidicition over all military service members including reserves, the Coast Guard in times of peace (when it is not part of the Department of Defense but instead DHS) and National Oceanic and Atmospheric Administration (NOAA) and Public Health Service Corp (...
3
The copies of the photo that you gave to him continue to be his. He is allowed to keep them, and there is probably no way that you could legally compel him to delete or destroy them. Unless the pictures can be classified as "hardcore pornography," they are within the ambit of First Amendment protection. I don't see -- and the article doesn't explain -- how ...
4
Yes
Probate law, consumer protection law and family law spring to mind.
0
Impeaching the witness means that the witness gives an answer that contradicts previous testimony or other sworn statements. The process you are outlining is called Voir Dire (Voir rhymes withe "Spa", Dire is pronounced like "Deer:). Voir Dire is used to establish a witnesses has credibility to speak on a subject matter to give expert testimony (fancy way ...
15
I'm speculating a bit, but it is sometimes hard to distinguish a 'request' from an 'order' when dealing with law enforcement. Police might say "Can you open this door for us please?". But this can mean either "we would like you to open this door for us if you don't mind" or "we are ordering you to open this door, but in a polite way".
I wold perhaps ...
45
There is a state law that requires you to obey the police: ORC 2917.13, which says you may not
Fail to obey the lawful order of any law enforcement officer engaged
in the law enforcement officer's duties at the scene of or in
connection with a fire, accident, disaster, riot, or emergency of any
kind.
If you do,
misconduct at an emergency is a ...
3
I assume these are digital photos that were electronically transferred (not prints physically delivered). If they were prints physically delivered, he owns those prints, since you used to own them but you unconditionally transferred ownership to him by giving them. No backsies under the law.
The photos are protected by copyright law, which means that the ...
12
Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose ...
3
Given that you voluntarily turned the car over to the buyer, it isn't your car anymore. The correct procedure would be to file a civil case against the buyer for breach of contract, where he would have been required to turn over the pump or compensate you monetarily.
You both violated the law and are subject to punishment. Forgery is a crime in California ...
0
The text of 5 USC 552a (b)(7) is:
(b)Conditions of Disclosure.—No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the ...
2
For a public figure in united-states, the standard is actual malice: “that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
A newspaper can be negligent in checking its information, but it can’t be reckless. It would be reckless for a newspaper to publish a ...
6
Does the Special Counsel's non traditional prosecutorial decision
making put the president above the law since he is unable to be
prosecuted?
All federal government employees, including the Special Counsel, are required to conform to the interpretations of the law provided by the Office of Legal Counsel in the absence of a directly applicable court ...
6
They are probably not required to provide online access at all. They are probably required to provide some sort of written statement, unless you have waived that in favor of online or electronic versions. The exact requirements will vary in different jurisdictions.
6
Overview
The cop is basically wrong. Sexual harassment is not the only kind of harassment recognized by U.S. law.
The question and the cop's answer to it, assume that simply asking certain questions is illegal or not illegal, but it isn't that straight forward.
Words communicated verbally are part of the analysis, but not the entire analysis. It all ...
0
The Federal government could charge such a person with conspiracy to distribute, or with aiding and abetting distribution, or under a RICO (Racketeer-Influenced and Corrupt organization) case. Other federal charges might perhaps apply. The state of New York might possibly be able to pursue a conspiracy charge as well.
In the current political climate, I ...
1
In US law, a client list is often considered to be a Trade Secret under the various state versions of the Uniform Trade Secrets Act (UTSA). See also the US Federal "Defend Trade Secrets Act" (DTSA)
A trade secret is information:
* from which a business derives commercial advantage,
* that is not public or generally known,
* that the business makes ...
23
What makes something a take-it or leave-it contract?
The lack --be it essential or literal lack-- of opportunity to negotiate the terms of a contract. That is also known as adhesion contract.
And (if I am the one taking it), are unclear clauses categorically interpreted in my favor?
Rather than "categorically [interpreted]", a more accurate ...
4
Driving without a license is illegal in every state in the US, and a judge presented with evidence that establishes probable cause that a person has engaged in driving without a license can issue a warrant for that person's arrest. Doing so is in no way prohibited by the US Federal Constitution, nor by any state constitution.
1
does the Constitution actually mandate that “no one above the law”?
Yes. Section 1 of the 14th Amendment reads:
nor deny to any person within its jurisdiction the equal protection of
the laws.
Equal protection is equivalent to, or implies, the principle that no one is above the law.
1
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove.
Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different ...
3
I think this sort of thing happens far more often in fiction than in real life. Off hand I recall a Perry Mason novel and a Donald Westlake novel which used versions of this plot. In the Parry mason the witness invoked the fifth Admendment, and only after having been granted immunity, was asked "Did you see the deceased that night" "Yes I saw him when I shot ...
4
Rule on what an auto insurance company can base rates on vary by state within the US. In at least some states age is a permitted category. In many states drivers younger than 25 pay a higher rate.
But even if someone confirmed that rates may be legally based on age in the OP's state, that wouldn't prove that OP's insurance company actually used age to set ...
7
It is not as simple as the witness just making the assertion that they are the killer.
They will be subject to grueling cross examination to break their story.
If the victim was killed at a specific time, perhaps the prosecution can prove the witness was somewhere else at that time, and therefore lying. (No Opportunity)
If the victim was killed with a ...
1
A private business can ask you to do many things, and you have the right to not do business with them. So if you arrive at the checkout with two shopping trolleys full of goods, and they ask you for information you don’t want to give, you are free to leave your shopping trolley and walk out. The same in a restaurant while they are taking your order.
Now if ...
0
There is no law prohibiting a private business from insisting on collecting such information that I know of. It may be, as the comment by animuson suggests, that a private contract with a credit card issuer purports to prevent a business from insisting on this information. But even if it does, it would probably be very troublesome for a customer to determine ...
2
Yes. A patent gives its owner the right to try to stop anyone from making, selling, offering for sale, importing or using the patented invention. In fact a method-of-use claim is not infringed by the maker or seller but only by the end-user when it is put into use. In practice there is usually no money in going after end user consumers. However, there was a ...
5
Discrimination is legal except on the basis of a protected class
U.S. federal law protects individuals from discrimination or harassment based on the following nine protected classes: sex, race, age, disability, color, creed, national origin, religion, or genetic information
Absent from that list is “occupation”.
State law may add additional classes ...
2
Generally, employment law is not really up to date with the reality of remote work. But it typically follows the employee, not the employer. So a California company can't hire an employee in Germany unless the company is set up in Germany under German law to do so. In particular, it would have to comply with German laws regarding working conditions, as ...
2
In a US criminal case, the jury (or judge if a non-jury trial) either finds the accused guilty or not guilty.
"Guilty" means (or should mean) that the finder of fact was convinced beyond a reasonable doubt that the accused was guilty. That is, that the accused did the criminal acts, that no legal defense applied (such as self-defense, or insanity), and ...
4
This will depend on the exact wording of the will. If the will is well-drawn, it will provide alternative recipients in case the primary recipient of a bequest dies before the testator (will-maker) does.
But as a general rule, if A makes a will leaving particular property to B, but B dies before A does, that bequest is void. If the will specifies an ...
3
Probably not
An employee is someone that the employer "suffers or permits to work" - moderators would appear to be caught by this. There are specific exemptions carved out in the public and not-for-profit sectors where they "a) work toward public service, religious or humanitarian objectives; b) not expect or receive compensation for services; and c) not ...
3
Many states require an escrow of rent for habitability issues, simply not paying rent can be grounds for eviction proceedings.
Illinois has a statute for deducting a repair from rent (765 ILCS 742/5). If it’s less than half the monthly rent and less than $500, a tenant can inform the landlord of the repair required. If the landlord has not provided a ...
2
Under federal law, an employer may impose direct deposit as a condition of employment.
The Electronic Funds Transfer Act at 15 USC 1693k only says that employers may not require an employee to have a bank account at a particular bank:
No person may—
(1) condition the extension of credit to a consumer on such consumer’s repayment by means of ...
-3
Service of a summons & complaint doesn't merely give notice, it establishes personal jurisdiction over the defendant. It would not be lost but rather never gained. Personal jurisdiction is an old concept but hardly obsolete. See recent debates over internet jurisdiction. Allowing a friend or relative to make service is likely a compromise as the ...
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