New answers tagged united-states
3
votes
Conflicts of Interest Dilemma in the US
united-states
Every U.S. jurisdiction has a least eight rules of professional conduct devoted in full or in substantial part, to spelling out what does and does not constitute a conflict of interest (...
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0
votes
Conflicts of Interest Dilemma in the US
It depends
new-south-wales
s10 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 says:
10.1 A solicitor and law practice must avoid conflicts between the duties owed to ...
- 197k
-4
votes
If a U.S. state legalized murder in a discriminatory way, how could the courts remedy that?
Taking this hypothetical situation out of the hypothetical and into reality.
We have a precedent for how the courts will handle such an extermination law that targets a specific group of people. ...
- 295
2
votes
If a U.S. state legalized murder in a discriminatory way, how could the courts remedy that?
For example, if a state legalized killing of black people, but kept
killing of white people a crime, it would apparently be
unconstitutional and violate the Equal Protection Clause.
If a U.S. state ...
- 194k
11
votes
Accepted
Difference between "dismissed with prejudice" vs. "res judicata"?
Res judicata (also called "claim preclusion") prevents relitigation of a dispute that was previously litigated or could have been been litigated in a case that was actually filed that was ...
- 194k
3
votes
Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?
Question 1
Does anything like “indirect discrimination” ... exist in the U.S.?
In the U.S., "indirect discrimination" is known as "disparate impact."
Question 2
Does anything ...
- 42.7k
3
votes
Accepted
I gave someone a key to my place while I'm gone. If they steal from me, am I covered under renter's insurance?
The main issue is whether your insurance covers against loss from theft. If these people are typical, you are probably covered. Policies are not generally limited to burglary losses, they cover all ...
- 209k
2
votes
Accidentally killing someone while purposefully beating them up
united-states
Not intending to kill but killing is manslaughter.
That's the charge the district attorney (and not Juan's family) would bring, and it would probably stick in the trial.
The specific ...
- 25.5k
5
votes
Accidentally killing someone while purposefully beating them up
canada
Without intention to at least cause bodily harm that is likely to kill, there is no murder
Only where a person (A) causes the death of another (B) while:
intending to kill B; or
intending to ...
- 42.7k
4
votes
Accidentally killing someone while purposefully beating them up
Murder
This charge is brought by the State of Texas, not the victim’s family.
Sec. 19.02. MURDER.
(b) A person commits an offense if the person:
(2) intends to cause serious bodily injury and ...
- 197k
5
votes
Accepted
Accidentally killing someone while purposefully beating them up
Criminal Charges
Criminal charges be brought by a district attorney. Some states do have private prosecutions but it does not look like Texas allows that. In terms of charges, the Texas murder ...
- 4,821
0
votes
Could a federal law override a state constitution?
Given different jurisdictions it is inevitable and desirable that there be a hierarchy of laws. Otherwise the villages would forbid taxes and allow whatever discrimination suited the local prejudices.
...
- 2,033
2
votes
Bizarre boots-on-ground investigation by FBI: transparency and recourse
Is there any way he can gain insight as to what all of this snooping
was driven by?
No. Active law enforcement investigations, especially undercover operations, are exempt from FOIA requests until ...
- 194k
8
votes
Could a federal law override a state constitution?
Yes, federal laws take precedence over state constitutional provisions. That is, any provision of a state constitution that conflicts with federal law is unenforceable. This is explicitly stated in ...
- 2,931
0
votes
What is the "important thing" that can make a true statement defamatory wrt the X/Media Matters lawsuit?
canada (with some comparisons to united-states)
Terminology
First, whether a statement is defamatory is separate from whether it is true or false. In Canada, for example, a statement is defamatory as ...
- 42.7k
0
votes
What is the "important thing" that can make a true statement defamatory wrt the X/Media Matters lawsuit?
united-states
That what was said is not "substantially true"
A crisp formulation of the doctrine states that a publication is substantially true if (a) it is factually similar to the ...
- 197k
27
votes
Is it illegal to give false information about a person to a foreign-based telemarketer?
The first point is that citizenship is not the controlling issue, jurisdiction is. A US citizen in Saudi Arabia is subject to Saudi law, a Saudi citizen in the US is subject to US law. I assume the ...
- 209k
-3
votes
How long do courts have to follow precedents?
1791: sort of...
Precedent does not expire, but Binding Authority can only go back as far as the founding of the US Federal Court system.
Stare decisis (to stand by things decided), is the policy of ...
- 327
-1
votes
Is it fair use to include unpurchased media in a website that is still under development?
If you plan to license your final artwork for your website from some commercial company, they may allow you to download and use samples, obviously with “sample” in big letters printed on them.
- 32.9k
3
votes
What sentences are faced for vandalism (and more) in New Hampshire?
The legally relevant part is the destruction of property. In this case, the facade needs to be re-painted, windows replaced and someone paid to remove the locks, new HVACs need to be bought... That's ...
- 33.2k
14
votes
Could a federal law override a state constitution?
Yes.
For example, after Denver and Boulder expanded their civil-rights laws to protect LGBT people from discrimination, Colorado voters approved a constitutional amendment that protected all citizens ...
- 57.1k
25
votes
Accepted
Could a federal law override a state constitution?
Could a federal law override a state constitution?
Yes. If a federal law genuinely conflicts with a state constitution (i.e. it is not possible to follow both at the same time), then the federal law ...
- 194k
4
votes
Is it fair use to include unpurchased media in a website that is still under development?
Probably not. The copyright holder has the exclusive license to make copies of the copyrighted material, and you're talking about making copies.
I don't really see a strong argument for fair use, as ...
- 57.1k
4
votes
How long do courts have to follow precedents?
How long do courts have to follow precedents?
Forever, until expressly or implicitly overruled by a higher court.
I would disagree with DaleM about the 8th Circuit case referenced being a question of ...
- 194k
2
votes
How long do courts have to follow precedents?
There was no precedent involved
It appears that no previous case has challenged the standing of private organisations to bring such a case. Now they have, and a court has decided the question. There ...
- 197k
27
votes
OpenAI employees' move to Microsoft: Non-compete regulations?
Non-compete clauses are not enforceable in California unless it in conjunction with the purchase of a business. This has been true for a very long time. On top of that, this year (2023) a law was ...
- 12.1k
2
votes
How long do courts have to follow precedents?
canada
There is no "best before date" on a precedent. That is: the age of a precedent, considered on its own, presents no constraint on when that precedent might be overturned. However, ...
- 42.7k
9
votes
International Turkey Hunt
I cannot prove a negative, but I am going to go out on a limb and say that there is no Minnesota law preventing Juan from reaching out from the US side and grabbing his bird from Canada. (you didn't ...
- 3,591
1
vote
Is it legal for an apartment or county or state to ignore fire safety rules?
Contact the Georgia State Fire Marshall
Owners of elevator must maintain current inspections. You can make a complaint to the fire marshal.
GA OCI
GA Elevator rules & regs
- 5,264
1
vote
Can I create a "business website" without registering a business or DBA?
You have two options: you can clearly identify yourself by name as the owner of the business, or you can register the trade name you make sales under on the website.
"Doing business" does ...
- 194k
4
votes
Accepted
Why are only thiamin (B₁), riboflavin (B₂), niacin (B₃), iron, and folate required to be added to enriched flour in U.S. federal law?
The fortification of flour began during World War II as a way to address malnourishment in new draftees and volunteers for military service. But, the linked FDA regulation in question was adopted in ...
- 194k
1
vote
US: Does the DBA on the registration and on contracts/businesses have to be exactly the same?
For purposes of the validity of contracts, the intent of the parties controls and if the name is close enough, that may be sufficient.
But, using a name different than one's real name or a registered ...
- 194k
4
votes
Accepted
May we recieve a compensation payment after the victim has died?
This seems to be covered in the FAQ linked in the page you've linked -
Under point 14 there it says
You can request that the name on the check that will be issued be changed to the surviving spouse ...
- 204
4
votes
Accepted
Can people legally perform services for others without declaring themselves to be an offical self-employed organization?
Is it necessary to set up an official business and employ himself --
perhaps for purposes of sales-tax compliance?
No. Indeed, I personally am just a self-employed sole proprietor with no "...
- 194k
5
votes
How much opportunity to review terms is necessary to form a contract?
The law generally imposes no requirement to provide an offeree time to review contract language before agreeing to it.
The parties are at all times free to negotiate the length of time the offer will ...
- 57.1k
39
votes
Accepted
Do companies have the legal right to reduce your salary?
Can the company just reduce everyone in the companies salary by 30%?
Employers with at will employees can reduce the salaries of all at will employees prospectively, simply by telling employees that ...
- 194k
8
votes
Do companies have the legal right to reduce your salary?
The company must pay you the agreed-upon contractual rate for any hours that you already worked, but they are not obligated to continue to pay you the same salary going forward. The company can inform ...
- 4,333
2
votes
Do companies have the legal right to reduce your salary?
With the provision that a labor contract might specify a particular minimum salary, and there are local, state and federal minimum wage levels which you can't go below, an employer can reduce salaries ...
- 209k
0
votes
Do Legal Documents Require Signing In Standard Pen Colors?
Generally, no color is required in germany
There is no law that prescribes a specific color for signatures. However, there is law about the chemical stability of the pens used: Certain documents, ...
- 33.2k
1
vote
Accepted
Lapse in Coverage By Becoming Disabled From a Pre-Existing Condition at a New Job?
Yes, you are missing the key concept of continuous coverage. Basically, if you have continuous insurance coverage, the pre-existing limits do not apply.
Prior to the Affordable Care Act (Obamacare), ...
- 2,296
2
votes
Does the Speech and Debate clause immunize speeches against civil liability? (NDAs, libel, non-disparagement agreements, etc.)
This clause means that all members of Congress are provided
with general criminal and civil immunity for all 'legislative acts'
taken in the course of their official responsibilities
so not only can ...
- 209k
1
vote
Is it illegal to threaten harm to yourself?
Bob can ultimately be detained to prevent self harm, while self-harm is not fully legal, it is not generally a crime, however if Bob is a member of one of the Fort Peck tribes, it constitutes "...
- 209k
-1
votes
Is it illegal to threaten harm to yourself?
canada
Under the Criminal Code, assault (including threats of force) requires the target to be "another person" (see s. 265). Bob does not commit the offence of assault by threatening to ...
- 42.7k
3
votes
Obtaining right to copy music for private use?
So, an example of the type of copying I am referring to is someone giving me a copy of a song
This is most likely a violation on the part of the person who made the copy. You're unlikely to be able ...
- 35.1k
1
vote
Can the USAF legally prevent me from walking on the beach waterline?
You do not have the right to walk on the waterline at Eglin
Eglin AFB has water areas you are restricted from, and has signage on beaches where you are not allowed. You cannot lawyer your away out of ...
- 5,264
3
votes
Can the USAF legally prevent me from walking on the beach waterline?
In most cases state laws do not apply to Federal lands according to the Supremacy clause of the Constitution.
However, if the land is merely purchased land, such as a military base, then some state ...
- 6,828
5
votes
Accepted
Were there ever attempts to prosecute organized crime as a form of rebellion in the US?
No. This approach was not historically taken.
- 194k
2
votes
Accepted
Why are authors suing Meta and OpenAI instead of Shawn Presser for copyright infringement?
Because you sue people who have money
Your remedy for copyright breach is damages; therefore, you sue people who can afford to pay. OpenAI and Meta have an advantage over the named individual because ...
- 197k
0
votes
Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?
A similar question can be (and was) raised about use of illegal drugs, specifically peyote, in Employment Division v. Smith, 494 U.S. 872. In that case, respondents argued that their First Amendment ...
- 209k
3
votes
Why don't courts punish time-wasting tactics?
As it happens, this question was based on a wrong premise entirely, since the case was, in fact, dismissed, a result widely anticipated by legal commentators.
More generally, if the motion to dismiss ...
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