New answers tagged

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All torts have to be proved In 99.99% of cases the proof is by admission of the tortfeaser That is, they agree to pay damages with or without admission of liability. Where liability is contested, there are never any “slam dunks”. There are strong cases, even very strong cases, but when someone else is deciding the case, there are no certainties. Remember, ...


3

Risk Assuming there the post has or, more likely, has the potential to become a legal liability then not having it featured reduces the risk of that occurring or the consequences if it does because fewer people see it. For example, assume that a hypothetical post potentially exposes SE to a defamation suit. Reducing the number of people who see the post ...


0

Yes Governments can close or restrict access to public thoroughfares for any number of reasons including emergency response, maintenance, public displays, crowd control etc. If, for example, the government decided to host a concert on public land they could restrict access to ticket holders. Providing the sale of tickets was not done in an unlawfully ...


1

Gambling requires a wager something (such as a sum of money) risked on an uncertain event An entry fee paid to participate in an event is not a wager even if the event offers prizes. Note that a wager on the outcome of the event or matches within an event by non-participants is gambling. And side bets by participants are usually strictly prohibited ...


1

Most parts of the US have a legal aid group that helps indigent with matters that plague underprivileged. Some cities, for example, have legal aid attorneys that help folks who are having their homes repossessed by banks in a civil action called foreclosure, while others have groups that help immigrants with their visa procedures. Further, many attorneys ...


1

Making a pledge not to sue doesn't create any liabilities for you other than the liability that you cannot sue. Giving someone a license could lead to trouble, for example if a third party turns up with claims that they are the owner of the patent, and they obviously want damages, including payments for the licenses that you gave away. Same situation with ...


1

1 USC 106b is the wedge for involving the archivist. That law says: Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause ...


2

You can call the public defender's office and ask for advise on the matter. They have phones for that purpose (among others). However, if the defendant accepts the invitation of the prosecutor or law enforcement to chat or agrees to the Prosecutor's request without understanding what he's agreeing too, that's not the failure of the process. You have a ...


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From what I read, it appears that the final quoted statement is not saying another authority does this so much as the Archivist does not do it. Which would mean that the when the state notifies the Archivist and says "We ratified the amendment" the Archivist accepts that the state did all required steps to ratify the amendment and doesn't need to tick a ...


4

In the U.S. this will be dependant on State Gambling Laws, but typically it would only be illegal if the money was taken for a private Lottery (legally speaking, only the government is permitted to run lotteries, and the specific nature of a lottery is a game where a prize of monetary value is awarded to a participant by a mechanism of random chance). ...


1

Short Answer Can one be found guilty for defamation if they bring a completely baseless trial against an individual/entity(without any public statements or the like, just the trial itself), as trials are more or less public events? No. Someone can't sue for defamation for something said in a trial. There is an absolute immunity from defamation ...


0

So "Trial" is a specific phase of the litigation processes that formally begins with jury enpanlement (in the U.S.) and ends with the verdict (If Not Guilty) or the Sentencing Phase (if Guilty, and I'm sure it's called something else in Civil Cases). When you file to sue someone, the first step is one of many pretrial motions will be for a judge to find ...


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Generally speaking, you can not "turn your back" on income you are entitled to receive. So the best way to avoid your problem is to make sure you are not "entitled" to that income. If your organization feels to strongly about paying for your services, it can make a contribution to another NPC "on your behalf" or something along those lines. Frankly, the ...


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Yes, they can The terms probably include a choice of law and a choice of venue for lawsuits which will usually be the state of domicile if the US company. They probably also include a dispute resolution clause that probably requires arbitration and nominates the seat of that arbitration. Assuming this is so, the US company will bring an action in ...


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An inventor is someone who makes a conceptual contribution to something claimed. Provisional applications are not required to have claims so at the time of filing the concept of who is and is not an inventor may not be accurately known. The charitable explanation is that whatever your contributions was it was deemed not a conceptual contribution to ...


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You ever wonder why there are so many Open Source Licenses? Because licenses come with terms. Terms on usage, applicability, copy-left, copy-right, retention of IP, how you can/can't use it, warranty and liability, etc. Licenses are complicated, and the transfer of liability isn't always clear, which is a big concern for companies. Now, instead they say "we ...


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I believe they did this to not really be bound. They can retract the "pledge" unilaterally since there is no contract with anyone. Also, if you sue them for infringement you might find the pledge does not apply to you any longer. If they wanted to, it is easy to file papers with the USPTO, etc. disclaiming a patent. from the Tesla document - A party is "...


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There's a few good reasons that spring to mind. Firstly, it's possible that Tesla or Microsoft have been themselves licensed something where the license is not sub-licenseable. This would prevent them from subsequently licensing you, but a promise/pledge is not a license and they can go right ahead and make promises. Secondly, a license is broadly an ...


0

To what extent are a creditor's rights attenuated when debt is sold? Short Answer In principal, no legal rights change. In practice, is the assignment is done without appropriate cooperation agreements and supporting documentation, it can be harder to enforce. Also, in practice, an assignee tends to have more legal rights than the original creditor, not ...


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You are allowed to throw away a request for waiver of service, so you are allowed to tell some other party to throw away the request. The rule (4) simply requires that it be addressed to the defendant and "be sent by first-class mail or other reliable means". The law also does not require you to waive service, it simply says that if you don't sign and return ...


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The NFL has had male components to cheerleader teams for some time, though when is debatable. The first NFL team to have Cheerleaders was the Baltimore Colts, which was a component of the mostly male Baltimore Colts Marching Band in 1954, though the first permanant NFL co-ed cheer team would be the Baltimore Ravens cheer team in 1998. Co-ed cheer teams in ...


3

Is an attorney permitted to ask questions like those in either paragraphs two and three? Yes. That does not mean that they will be considered relevant or even appropriate, though. Is the witness allowed to decline to answer such questions for reason of irrelevance, or other grounds? Yes. In general, though, it would be safer for the witness to state an ...


4

how does hiring only women comply with our Civil Rights Act (which outlaws discrimination based on sex)? It is compliant. The Civil Rights Act includes an exception where the discrimination or limitation based on sex (or any other protected category) "is a bona fide occupational qualification for employment". That exception is located at the end of 42 USC ...


2

Even if the questioning was happening in a courtroom (which taking a deposition is not), the witness (or the opposing attorney) would be able to object any questions they do not like: Defendant's attorney to witness: Have you ever been a lover to the plaintiff? Plaintiff's attorney: Objection, your Honour! Irrelevant question. Defendant's ...


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The rule prohibits public disclosure of protected health information which is individually identifiable health information that is stored, and individually identifiable health information is health information that is identifiably about a specific individual. The term health information means any information, including genetic information, whether oral ...


1

In U.S. law, double jeopardy is evaluated on a per sovereign basis. Each U.S. state, the U.S. federal government, and each country or region within a country with its own criminal justice system is treated as a separate sovereign for this purpose. So, a prosecution in the U.S. would not violate U.S. double jeopardy law. There are other reasons that might ...


0

Greendrake has some great points about what businesses are considered to be operating in the EU. It should of course be noted that the US is not part of the EU and is thus not part of the EU's jurisdiction. Which brings us to the question of how is the GDPR enforced in this case: This answer in Politics suggests that there isn't really a way to enforce ...


1

Gambling involves wagering something of value Cash is "something of value" but it's not the only thing that has value. Things of value do not have to be convertible to cash to have value. Your website credits are something of value - they cost money to purchase and they can be converted to other things, even if those things are virtual. This is gambling. ...


3

What follows is a broad overview. I'm not an expert in this; I just have a bit of experience in this due to a tax situation my wife & I experienced a few years ago. Please do not rely on this advice except as a starting point for more Googling. Your obligations (and your assistant's) will depend on whether the assistant is an employee or an ...


1

Assuming the DA's office is unable to help and the person is still interested in putting their freedom at risk by providing evidence to the police, they could avoid submitting to questioning by providing a written statement or affidavit with the evidence they want the police to have. Police are looking for someone to arrest for the crime, so any contact ...


1

I would watch this video first. According to the law professor giving the lecture, you cannot safely talk to the cops without a lawyer present. Innocence has nothing to do with it.


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what can he do to protect himself when attempting to assist the police? If the person of interest is completely innocent (not to be confused with naive), he only needs to be clear about what he knows and how he obtained that knowledge. Having special knowledge about a crime does not by itself trigger a detective's suspicions, but falling in contradictions ...


0

The basic requirement for being granted refugee status is demonstrating that you have been persecuted or have a well-founded fear that you will be persecuted, and is connected to race, religion, nationality, social group membership or political opinion (there are other grounds such as reunification with close family in the US). What you describe doesn't ...


0

Each entity is taxed on its own income So yes, you need to file multiple returns. Or wait until the start of new financial year to change structures so each is operating only in one period.


3

The best course would be to contact the public defenders office and explain the situation to their intake or consultation services. Remember, you don't have to be going to trial to avail yourself of their services and sometimes, helping cops makes the cops suspicious about you (it would not be the first killer who cozies up to the police to learn what they ...


3

You will also need to file your taxes properly The IRS and state will view this as a sale of a security. Any capital gain must be reported on your taxes, i.e. your normal Form 1040 that you file before April 15. You'll need to add Schedule D to your tax forms. Also, if this is a significant surge of income (e.g. more than a whole paycheck), you may ...


5

Is it legal to sell/Trade Bitcoin for Cash in USA, Virgina? Yes. Your mention that you want to "start selling some of [your] bitcoins" conveys that you have owned the bitcoins for a while. That falls short of the meaning of money business service, where a license would be required. See also this answer. From legal and practical standpoints it might be ...


0

So it looks like what happened is that the victims from the U.S. and Canada did offer testimony without physically appearing in Scottish Courts (gotta love technology) so they did contribute to the conviction in that way. What is likely is one of few things: A.) The U.S. and Canadian victims are satisfied with justice in Scotland and don't want to give ...


1

Consider the the popular mid-00s "To Catch a Predator" segments on Dateline NBC, which allowed Chris Hansen to interview men caught in pedophile stings to provide better understanding of the mindset behind the people. Most entries into the series will have a very early on walk through of the basic sting operation: A citizen group would set up fake ...


10

The short answer is that a few individual trades would be legal (e.g. if you sell some to a friend), but doing so on a regular basis for profit (e.g. offering a sale price and a bid price to all comers) would not unless you get the appropriate licenses and comply with relevant laws. Doing this is onerous. Any kind of "money services business" is subject to ...


5

Multiple victims = multiple crimes The victim(s) in the USA and Scotland are unlikely to be the same person(s) - a separate crime is committed for each event against each victim. Double jeopardy is not applicable just as if the person had robbed a bank in the USA and another bank in Scotland. Notwithstanding, double jeopardy only applies within the same ...


4

As an interviewer and a hiring manager, I can safely say that you can be rejected for a position for many reasons, even if you meet all the criteria - there may simply be someone better than you that they have also interviewed. Being rejected when meeting the criteria does not necessarily mean you were discriminated against, and in order to successfully ...


4

You should call the police. If you talk to any bank they will say "well we had your signature on the cheque". They aren't in a position to perform criminal investigations. You might first consider telling your husband that you are calling the police. After all, the downsides for him of having a criminal record, and whatever criminal punishment there is, ...


2

Yes — such a person can in theory be deported. There is no way to avoid deportation without a favourable exercise of discretion. In practice, unless the CBP officer is having a really bad day and really doesn't like the alien's face, they would likely grant such a discretion: establishing that the alien is really who they claim to be is easily done by ...


5

This is not insider trading To be an insider in the USA you must be a company officer, director or a beneficial owner of more than 10% of a class of the company's equity securities. You aren’t any of those. Or you are an “insider” if you trade based on non-public information in breach of a position of trust. The company’s lawyers and accountants, for ...


-2

In the USA, trading shares based on information that is not available to the public is strictly illegal. The SEC will come after you if they figure it out. The source of the information doesn't matter.


3

Whether or not a war between political entities can result from some action is completely political and strategic, and not legal. The specific incident is probably legal, given US and international law regarding military action. Unless the order was self-evidently unlawful there is no possibility of arrest and prosecution under US law, however there might be ...


0

State-Created Danger Doctrine The 14th Amendment to the U.S. Constitution, as interpreted by SCOTUS, guarantees what are known as “negative liberties.” Which is to say the government can’t deprive someone of basic rights. It also means that the government has no “affirmative” duty to protect citizens from harm, according to the Network for Public Health Law....


6

Not at all Well, except that a contempt of court charge would also apply. The bailiff would make an arrest and transfer custody to the police who would follow their normal process. Witnesses would be interviewed and ultimately testify. The judge , as a witness would not be able to hear the case so it would be brought before another judge.


0

There are EPA regulations that relate to led in paint, see here. However, they fall into 3 categories: lead disclosure rules for buyers and renters of residential property, danger standards for residences, and training requirements for lead abatement and repair for child-occupied facilities. If this is an old school building and they haven't been scraping ...


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