New answers tagged united-states
5
votes
Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?
Digital Fire in the comments to the question is wrong in believing that:
My layman's interpretation of [standing] would be; Do you cops have
a real case here or are they just mad they got embarrassed ...
- 166k
2
votes
Would funding the Sentinel Program violate the equal Protection clause?
In the comic timeline (seen in Uncanny X-Men #141, Jan 1981), as mainly narrated by Kitty Pryde,
In 1984, "a rabidly anti-mutant candidate was elected President", and "within a year&...
- 691
0
votes
Payment made by LLC debit/credit card, but order placement done through a personal account
You can buy things however you want, but cash outlays from the business should be from business accounts, which you have done. No one cares what Amazon or eBay account you used to place the orders. ...
- 3,720
17
votes
Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?
The deputies have standing, but they're probably going to lose.
"Standing" is just a legal principle that limits the legal process to people who have suffered certain types of injuries. Jen'...
- 51.3k
6
votes
Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?
Yes, individuals do have personal standing in suits for invasion of privacy and the like.
Ohio generally follows the federal approach to standing law, which requires that a litigant alleges a (1) ...
- 18.4k
0
votes
Would funding the Sentinel Program violate the equal Protection clause?
Government funding does make it a government action, however, it's important to note that the law in the story that funded the sentinels could have resulted in unintended consequences for the bad ...
- 20.6k
4
votes
Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?
The fact pattern that
The public sees this as extremely [objectionable], and it leads to a huge backlash against Eric's company
gives cover to Eric to fire Chris. That decision would be, provably, ...
- 196
0
votes
Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?
Religious belief is not a protected class
new-south-wales
Anti-discrimination law does not cover religion at either the state or Federal level. Efforts by the conservative Commonwealth government to ...
- 176k
1
vote
When Parties Dispute Whether a Contract Containing an Arbitration Agreement Expired - Who Decides (NJ)?
The court is likely to refer it to the arbitrator to decide
australia
Australia's laws follow the model UN codes as do most jurisdictions so this should be pretty universal.
There are two basic ...
- 176k
0
votes
Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?
I think just posting that quote cannot be the grounds for a backlash, since it undoubtedly exists. Of course it is transphobic, but it's also around 3000 years old. It will depend on what you make out ...
- 3,527
3
votes
Can an auto-reply be considered assent/agreement?
The first and most important of the 3 conditions for a binding contract (mutual understanding and agreement to the terms, exchange of value, not criminal) prevents a binding contract from being forced ...
- 1,785
2
votes
prosecutorial discretion and selective prosecution?
Yes. The earliest case in the U.S. serves as the basis of the SCOTUS case of Yick Yo v. Hopkins (1886) which struck down a San Francisco law that targeted Laundry services run by Chinese Immigrants. ...
- 20.6k
6
votes
Is there a requirement to provide personal information other than identity to a financial institution to activate a Power of Attorney?
One set of disclosures would be those necessary to comply with anti-money laundering, counter-terrorism financing regulations, and international sanctions laws (e.g. related to the Ukraine war). ...
- 166k
4
votes
Is there a requirement to provide personal information other than identity to a financial institution to activate a Power of Attorney?
It's hard to prove non-existence, but there is no evidence of there being a legal requirement on the Agent to provide personal financial information to a third party. Taking RCW 11.125.200 as a ...
- 190k
2
votes
Is there a law that punishes cowardly cops?
The only time cops are violating the law for cowardice is when they fail to intervene in misconduct by another cop, or when an arrested or incarcerated person has been placed in peril by the cop.
This ...
- 166k
4
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning over 18 be tried as an adult?
canada
No prosecution for things that a person did while younger than twelve
First, if the act or omission happened while the person was under the age of twelve years old, the person will never face ...
- 18.4k
1
vote
Can the US House compel a state prosecutor to provide documents about an upcoming state court case?
Regarding “What happens if Mr. Bragg refuses?”
Congressional subpoenas do not have much teeth. If a congressional subpoena is ignored (as Jim Jordan himself did in regard to a May 12 2022 subpoena) ...
- 10.2k
11
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning over 18 be tried as an adult?
In all U.S. jurisdictions (as a matter of constitutional law), if age was an affirmative defense to the crime when it was committed you would benefit from that affirmative defense at trial, even if ...
- 166k
1
vote
Can underage people who commit a crime while underaged but are later charged with the same crime after turning over 18 be tried as an adult?
Unsure if this is asking about the age of criminal responsibility, or if it's the age of criminal responsibility in U.S. Federal Law, then the child is not liable for the crime if they were not yet 11 ...
- 20.6k
19
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning over 18 be tried as an adult?
germany
Defendants who are later accused of a crime committed when they were minor (under 18, or under 21 if the court finds that they had juvenile mental maturity) will be tried under juvenile rules.
...
- 10.7k
12
votes
Accepted
Can an auto-reply be considered assent/agreement?
Why is this reply not considered an agreement to sell the company?
Because a sender's opportunism regarding the bizarre contents of the autoreply preclude a finding that there is a meeting of the ...
- 45k
11
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning over 18 be tried as an adult?
england-and-wales
No. If they were younger than 10 (being the age of criminal responsibility) at the time then they do not commit an offence so cannot ever be arrested for it, regardless of how old ...
- 31.7k
2
votes
Can the US House compel a state prosecutor to provide documents about an upcoming state court case?
This recent SCOTUS ruling on a related matter sums up Congressional subpoena power, in holding (b):
Each House of Congress has the power “to secure needed information” in
order to legislate. McGrain ...
- 190k
4
votes
Procedural Rules v Federal Law?
The interpretation of state rules of civil procedure is a matter purely for state courts.
Whether a state procedural rule (or even substantive approaches to jurisdiction) violates federal law, ...
- 18.4k
16
votes
At What Point Does a Supreme Court Ruling Become Binding on Lower Courts?
The Supreme Court's order is not official and binding until it is "delivered in open Court." See uscourts.gov, "Supreme Court Procedures."
Until that point in time, the Court has ...
- 18.4k
3
votes
Does publishing a copyrighted painting, for the purpose of making fun of the artist, constitute parody? (USA)
First, there's a step missing: parody does not "therefore" allow you to copy protected works. You have to determine whether this is "fair use", where you get in the neighborhood of ...
- 190k
0
votes
Does publishing a copyrighted painting, for the purpose of making fun of the artist, constitute parody? (USA)
No
Parody under copyright law requires making fun of the literary or artistic artwork itself. You are proposing to use the artwork to tell a humorous story about the artist - this is not parodying the ...
- 176k
5
votes
Outsourcing work without informing the employer: is that illegal or punishable?
What does your contract with your client say?
What does your contract with your sub-contractor say?
Typically the client contract will not specify HOW the work gets done, just the deliverable(s), the ...
- 1,238
3
votes
Outsourcing work without informing the employer: is that illegal or punishable?
If you are an employee, you can’t outsource your work
One of the features of an employment contract is that it is a contract of service - they employee must perform the services personally.
If you are ...
- 176k
2
votes
Outsourcing work without informing the employer: is that illegal or punishable?
Deducting business expenses is legal. Perhaps on Money SE would know if the IRS has alarm thresholds. It is generally legal to subcontract part of a job. There can be exceptions, especially if the ...
- 190k
3
votes
Can adult detransitioners who underwent treatment when they were minors, bring a class action lawsuit and against whom?
Informed consent is required for a surgical procedure. "Informed" includes having knowledge of the risks. The relevant legal question would be whether the doctor in question did adequately ...
- 190k
1
vote
The legally-binding equivalent of the Hippocratic Oath
australia
Good medical practice: a code of conduct for doctors in Australia
Adherence to the code is a condition of registration with the Medical Board of Australia, the body authorised by law to ...
- 176k
0
votes
Is a bylaw amendment required to adopt Robert's Rules of Order?
If there is no law (or bylaw) about how they run their meetings then they run them however they choose
If they want to adopt a specific Parliamentary procedure then they can do that by custom and ...
- 176k
1
vote
The legally-binding equivalent of the Hippocratic Oath
Most of the oath has no enforceable criminal law counterparts. In a number of US states, there is enforcement of the promise that "I will not give to a woman a pessary to cause abortion". ...
- 190k
2
votes
Accepted
Can a software license prohibit using competitors' software?
Copyright law
Copyright law operates to protect proprietory software developers' rights to limit use of their software. The protection granted to them as creators of the work under the law is based in ...
- 90
1
vote
How much money can the owners of an LLC pay themselves to not be accused of "shielding funds from a lawsuit"?
The legal standard for a fraudulent transfer is typically what it would cost to hire a third-party manager at a current fair market value salary to do the same job. This is also the standard used to ...
- 166k
3
votes
How much money can the owners of an LLC pay themselves to not be accused of "shielding funds from a lawsuit"?
If your LLC made 300K before paying salaries, and paid 300K total in salaries, that seems quite reasonable. You might have a point if the order of events was: LLC pays 100K in salaries, LLC gets sued ...
- 29.6k
7
votes
Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?
I recall an actual case where there was a threat to prosecute: it was over 35 years ago in Auckland, where I was living at the time.
A woman who was a customer of the Building Society attempted to ...
- 607
4
votes
Would I be risking being guilty of destruction of evidence any time I clear data off my computer? where are the limits?
The relevant Maryland statute is MD. Criminal Law Code Ann. § 9-307 (2021), subsection (a):
A person may not destroy, alter, conceal, or remove physical evidence that the person believes may be used ...
- 29.9k
3
votes
Overseas ERP consequences
This is unlikely to give rise to criminal charges in the U.S., if the bare bone facts of the question are all that is involved.
It does not count as child pornography. But possible offenses might ...
- 166k
3
votes
Is it true that at one stage a husband could not rape his wife?
It's true that a husband could not be convicted of rape in relation to his wife, but women have always been protected from serious violence and physical injury by the law, so there was some limit to ...
- 703
13
votes
Is it true that at one stage a husband could not rape his wife?
It is true that marital rape was not recognized as a legal wrong in the United States until relatively recently (the 1970s–1990s).
However, the reasoning was not that spouses were the same legal ...
- 18.4k
26
votes
Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?
netherlands
In The Netherlands, DSB Bank went bankrupt after investigator Pieter Lakeman, representative of a foundation of unsatisfied customers of the bank, called for a bank run, his argument being ...
- 399
4
votes
Conflict Between Third Circuit and NJ Appellate Division Regarding Stay Pending Appeal?
Isn't the the Appellate Division in NJ required to uphold the ruling
of the Third Circuit in such matters?
It is not.
There can be no conflict on procedural issues between the Third Circuit, which is ...
- 166k
51
votes
Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?
Can a bank sue someone that starts a bank run that destroys the bank?
No (assuming, of course, as is the usual case, that the person who starts the bank run is not engaged in perpetrating a ...
- 166k
3
votes
Accepted
Can a corrupt sherriff cause all cases from a department to be dismissed?
Can a corrupt sheriff cause all cases from his department to be
dismissed while he was in charge?
There have been cases of mass dismissals when the corruption by the law enforcement officer involves ...
- 166k
2
votes
Can a corrupt sherriff cause all cases from a department to be dismissed?
No.
The fact that a defendant was assaulted or otherwise mistreated in jail has no bearing on his culpability for the crimes that he's been accused of. A prosecutor would remain free to continue ...
- 51.3k
-3
votes
Can a corrupt sherriff cause all cases from a department to be dismissed?
In modern American Policing, Sheriff's are elected officers, while deputies are appointed and are career (usually). Typically, Sheriffs are the highest law officer in a county (Save for Virginia) and ...
- 20.6k
2
votes
Can a corrupt sherriff cause all cases from a department to be dismissed?
It's safe to assume that if leadership at a department is corrupt.
Rank & File officers were likely corrupt as well.
No, that would be an assumption of guilt for those "rank & file" ...
- 3,292
0
votes
How far can cooperation between law enforcement and intelligence agencies go?
As far as the legal powers of the organisation(s) allow
By this, I mean that if what the DEA was doing was allowed under the laws that govern the DEA, and what the NSA was doing was allowed under the ...
- 176k
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