New answers tagged united-states
0
I'll give you the situation in Washington, which is probably similar to the situation elsewhere. RCW 68.50.130 say that you have to follow the law in disposing of a body. To perform a cremation, you need a license. The regulations established by the Department of Licensing say that cremations take place in a crematory, and the facility must be licensed. We ...
1
I think this one is easy to answer because it involves the Supreme Court in step 8. The Supreme Court will review steps 1-7 and make a ruling that makes them legally sound (or unsound). The ruling might also indicate whether steps 9-12 are legally sound (or unsound).
That will settle it legally. If the Supreme Court makes an extremely unpopular decision, ...
6
The first legal issue relates to the step where "Those state legislatures refuse to allow any Electoral College slate to be certified until the 'national security' investigation is complete". The "electoral voting" law regarding voting of presidential electors is ARS 16-212. First,
On the first Tuesday after the first Monday in November, ...
1
wisconsin
I think you may be misinformed on how businesses report/pay sales taxes. For sales tax, depending on the type of business you are and your expected taxable sales, you may be required to report your taxable sales quarterly, biannually, or annually. Tax is due when the report is due much like income tax, but these cannot be delayed like income tax ...
2
The test for child abuse is a broadly worded "standard" that is applied in the discretion of the judge or jury, as the case may be, on a case by case basis. But, it is very unlikely that this would considered to meet the test for abuse.
Federal legislation provides guidance to States by identifying a minimum set of acts or behaviors that define ...
0
In Washington, it looks like it would be legal. As stated in RCW 9a.16.020,
The use, attempt, or offer to use force upon or toward the person of
another is not unlawful in the following cases:...
(3) Whenever used by a party about to be injured, or by another
lawfully aiding him or her, in preventing or attempting to prevent an
offense against his or her ...
3
Each state has its own election laws, so you will get 50 different answers depending on what state you are interested in (perhaps 49, since Washington doesn't have polling places - depends on what you mean by "poll watcher"). This page is a starter list of legal resources. This page starts you on deconstructing this notion of "poll watcher&...
0
As a practical matter, you are screwed and there is no state or territory in the U.S. in which you have any meaningful remedy for the harm you suffer from their negligence. The waiver will be effective anywhere in the U.S. While the laws could differ between states in theory, in reality, they basically don't differ with respect to the validity of this waiver ...
1
It is possible to file a lawsuit called a declaratory judgment action to determine the validity of a contract when this is disputed.
Often the non-compete would contain express terms stating which state's law would apply and in which court lawsuits could be commenced. In the absence of such a clause, the determination of which state's law and which forum is ...
0
It could conceivably be a pornography crime, particularly if a participant is a minor, but there is no precedent for considering remote interaction involving sexual content, in the nature of a camgirl performance with a particularly vivid virtual reality user interface, to be prostitution.
2
First, welcome to LSE, Josh. And congratulations on such a nice first question.
The answer to your question is No.
Inviting an officer into your house to talk about a robbery does not give the officer the right to search your house. Talking and searching involve two different amendments, and you must waive your rights under each explicitly. However, under ...
0
§ 1001 is what it says it is: The general law covering false statements involving the federal government. In other words, § 1001 sets the default rule, which applies except when Congress establishes a specific rule covering a narrower set of cases. § 1001(b) is one of those specific rules covering a narrower set of cases. § 1001(b) does not say "it is ...
2
This doesn't answer your question about court records, but I suspect it's what you really want. New York maintains a site where you can search for information about physicians licensed in New York:
https://www.nydoctorprofile.com/
In addition to information about court actions, it also has a link to the office that disciplines licensed physicians, so you ...
2
Yes
Court records are public unless the judge ordered them sealed. For NY, this is how you get them.
0
In general, businesses can charge what they like for their products
If the consumer does not like the price (or anything else) they are free to choose a different business or elect not to use the product.
A business cannot change a contracted price during the course of a contract except as provided for in that contract. For the particular service you are ...
1
It would probably be plain illegal for police officers to themselves administer sedatives under current law. There have been allegations that doctors or EMTs have done so at the suggestion of police, see Powell v. Staycoff (an EMT administered ketamine to a detainee in the back of a police car under the orders of a doctor). The court addresses the legal ...
0
It is possible that Venezuela has such price control laws (the Agreed Prices Act), but information about what is covered is limited to food and other "essentials" such as toilet paper. Various states have enacted price controls on what might loosely be called "utilities" such as electricity and rail freight. Otherwise, there are no direct ...
3
You're wrong. RCW 46.61.415 empowers local authorities to establish and change speed limits in Washington, and ORC 4511.21 delegates the same power in Ohio. Whether or not a locality has the power to pass such laws depends on the laws of that state.
3
You're wrong
The power to make laws is irrelevant - what matters is where local government gets the power to enforce the law. That power is delegated them by the state which undoubtedly has the power to police and the power to delegate that power.
3
There is no general answer: it's a state-by-state question. Texas Occupations Code 1001.301(b) says that
a person may not, unless the person holds a license issued under this
chapter, directly or indirectly use or cause to be used as a
professional, business, or commercial identification, title, name,
representation, claim, asset, or means of advantage or ...
0
He who pays the piper calls the tune
Your lawyer is at your service. Unless you think they will pull out, you can ask them to do all sorts of stuff: sue or settle, file motions, stand on one foot, make you a cup of coffee etc. They may nicely ask to clarify whether you are sure you want them to do what you ask them to, explain you the pros/cons/possible ...
1
I would slightly amend some of the other answers here: ignorance of the law is not a defense, but it can be a mitigating factor in sentencing. If you intended to follow the law but were unaware of something that a normal person might not know of, you could use that to sugggest a decrease (or elimination) of the penalty. It doesn't mean you didn't commit ...
1
According to this article the image of Mario is trademarked. Since you are running a gaming website it sounds like this could lead to confusion about whether your website is endorsed by or part of Nintendo, and hence be a trademark infringement. However that would depend on the details of what your website does. If you provide games then its more likely to ...
2
The answers to your questions are, generally speaking, contained in the Model Rules of Professional Conduct. It's important to note these aren't mandatory across the country, although some states have implemented Rules that closely track them while others have their own Rules.
Start with Rule 1(e), which defines informed consent as
the agreement by a person ...
-2
The purpose of the statute is to increase the power of law enforcement. Allowing its use in the courtroom would give power to the courts, which is not seen as beneficial in the current environment. It would also actively work to take power away from law enforcement, because lies in court would have more consequences.
5
An example is that a person eventually convicted of a crime has made a false statement in pleading "not guilty". 1001a would compel confessions, because you cannot legally conceal a material fact. In a judicial proceeding, the analog that prevents certain kinds of "lying" is the law against perjury, which is much stricter than the broad ...
2
You can read the relevant law, 18 USC 715. That law defines "Golden Eagle Insignia" as
the words “The Golden Eagle” and the representation of an American
Golden Eagle (colored gold) and a family group (colored midnight blue)
enclosed within a circle (colored white with a midnight blue border)
framed by a rounded triangle (colored gold with a ...
0
It's copyrighted, so no, you can't use it. You'll need to get permission from the person who created it.
The caveat is, if this was a government work you can use it, but you'll have to determine that based on the original source.
-1
Your obligation to know and follow the law is independent of this question- it is just a friendly reminder.
Imagine you pull a gun and line it up on someone, and a police officer says 'you know you're not allowed to shoot someone' - you seriously assume you can shoot then, and claim his question wasn't legally binding because he didn't cite the respective ...
-1
Are the above distinctions more or less the correct ones?
Not really. First, the issue of "whether to settle or to continue litigation" generally is not about strategy or tactics. Instead, that is more of a potentially final decision a client is supposed to make on the basis of whether a foreseeable outcome compensates the injuries at issue. The ...
2
If it is joint title then all parties must agree. If one disagrees no one can enter.
https://www.investopedia.com/articles/mortgages-real-estate/08/title-ownership-property.asp#:~:text=Joint%20tenancy%20occurs%20when%20two,tenancy%20at%20the%20same%20time.
Joint Tenancy
Joint tenancy occurs when two or more people hold title to real estate jointly, with ...
9
it sounds like ignorance of the law could be a reasonable defense. Is it?
No.
I believe that is fundamental to many systems of law.
1
I'm not a lawyer. This is not legal advice.
I'm a engineer, information security specialist. My specialization requires knowledge of legal aspects of handling information. Information such as a company logo.
If a person agrees to design a logo for you, and no fee was negotiated, such as would the case of favor... I would not expect that to hold as a ...
1
"Something like a design for a logo,
but not by someone who does that for money,
just someone who is more artistic."
– ispiro
First, I am not a lawyer, and I do not give legal advice.
But business advice, I ran a consulting practice for years in the Database world. My advice is to pay for the work, and not to accept a favor, and to pay something ...
0
The relevant ADA rule is 29 CFR 1630_19, which says
It is unlawful for a covered entity not to make reasonable
accommodation to the known physical or mental limitations of an
otherwise qualified applicant or employee with a disability, unless
such covered entity can demonstrate that the accommodation would
impose an undue hardship on the operation of its ...
0
It is not customary for a prosecutor to personally interview an available suspect before pressing charges, and is not, as a general rule a "best practice" of a prosecutor to do so.
10
It means what it says
The person who owns the land has a right to a seat in the parish church and, if there are not enough seats then they get one and other people have to stand.
This is all pretty archaic but it stems from English law where parishes were geo-political and not just religious. Who got to sit was decided by the church-wardens and parishioners ...
3
The Main Answer: The Judge Can't Appeal; But Other People Can
Since the Judge now has an attorney, can this Judge appeal to the
Supreme Court (or appeal again starting from a different court
jurisdiction) to potentially allow him to continue his decision to
review if the Michael Flynn case should be dismissed?
Not exactly. It is potentially subject to ...
2
can this Judge appeal to the Supreme Court (or appeal again starting from a different court jurisdiction) to potentially allow him to continue his decision to review if the Michael Flynn case should be dismissed?
No. The judge is not a party to this case. Only the parties are allowed to file an appeal in an upper court.
The judge has no option but to follow ...
2
The use of “may” versus “shall” or “will” indicates that it is NOT mandated to happen.
“Shall” and “will” when found in law, is a command that must happen, while “may” may or may not happen. The use of “may” indicates that discretion to act is being granted rather than a command to act.
Let’s look at the example above.
Section 8 Code of Federal Rules (C.F.R....
2
In this case, "may" indicates possibility. The point of this list is illustrative. Using may clarifies that presenting these documents (and others like them) will not guarantee the success of the application. The reason for the hedging, in this case, is to underscore that the determination in question cannot be made mechanistically based on any ...
3
"May" means "is possible" and not "is necessary". The specific law does not say anything about a person doing A, B or C and it does not say that if you do one of A, B or C then something mandatorily follows. It asserts that certain types of documentation "can" be used as evidence supporting the proposition that the ...
0
If a witness makes a materially important statement to a prosecutor, and the witness later makes a contrary statement, the prosecutor becomes a fact witness to the original material statement. In most situations, a person cannot be both an attorney and a fact witness in the same case. So if the original statement is important to the state's case, a ...
32
The answer has two parts depending on how you get here. Airline answer: Any such question by a CBP officer is merely a last-chance option to supplement the response you gave on the declaration form. The form asks a series of specific questions which are difficult to misunderstand (if you speak English), you say yes or no, and fill in applicable details. If ...
-1
I don't think that there is any need to "reclaim" the address.
That second address would no longer be needed or used for anything. This really just seems like an issue with USPS.
Also, addresses are (generally) not legal descriptions of properties. The legal description is your plat description in the deed, which can be seen online at the Assessor'...
3
I don't see the contradiction. The ACLU article you link to explains that the Supreme Court found against discrimination on the basis of sexual orientation in principle in the 2018 ruling.
Instead they found that the Colorado Civil Rights Commission had taken a dismissive attitude to the religion of the bakery's owners, and that in itself was religious ...
-1
u/bornconfuzed answered 1 on Reddit.
A is the rogue, B is the defrauded seller, C is the person the rogue is pretending to be, the 3rd party purchaser doesn't get a letter designation.
Edit: It appears that the courts distinguish some of the factors for entering a contract when it comes to contracts entered via writing and those made face to face. "[W]...
7
No.
This is a trivial example of how the intention to create legal relations doctrine works: in family/friends/social context there is presumption of no intention to create legal relations unless there are explicit proofs of existence of such intention (e.g. a written agreement).
Can the favor-doer later-on sue the business owner for money for it?
Anyone ...
24
In General
Generally speaking, applying common law principles, no. In the case of a relative or friend or neighbor or someone like that, doing a favor for a business does not create a legally enforceable right against a business or business owner.
Contract Claims
The question assumes that there is not true express contract, or even really a contract to pay ...
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