New answers tagged united-states
42
votes
Accepted
How can Rupert Murdoch be having a problem changing the beneficiaries of his trust?
The New York Times explains in a December 9, 2024 story that:
A Nevada commissioner ruled resoundingly against Rupert Murdoch’s
attempt to change his family’s trust to consolidate his eldest son
...
- 239k
10
votes
Accepted
What recourse does a company have if their trademark is used in the name of a secret government project?
In most cases the state secrets privilege would prevent the person whose intellectual property was used from suing.
In the same vein, the state secrets privilege denies a remedy to covert operatives ...
- 239k
1
vote
What recourse does a company have if their trademark is used in the name of a secret government project?
Which project?
A top-secret government project does not exist. If you try to sue, your lawyer will get told it does not exist, and if you insist it does, the case is dismissed as moot: You can not sue ...
- 45.2k
36
votes
Accepted
Is it a crime to testify under oath with something that is strictly speaking true, but only strictly?
canada
and in response to the question 'did you see any weapons?' I say (truthfully) under oath that I had not, even though I knew full well they exist...
This would not be perjury. It is very ...
- 72.6k
1
vote
Accepted
Do U.S. PFIC reporting and taxation laws apply to assets held and/or traded in a 401(k) or HSA account?
You quoted:
An organization or an account that is exempt from tax under section 501(a) because it is described in section 501(c), 501(d), or 401(a).
Clearly, 401(k) falls under this definition, ...
- 4,642
8
votes
As a US Citizen, can I sue a US company for not paying me my whole salary as a contractor from Mexico?
If they fail to live up to the terms of your contract with them, you can sue them for breach of contract. Your citizenship and place of residence do not change this.
Whether it makes sense to sue ...
- 40.1k
3
votes
As an indie game developer who sells game in Steam, can someone overseas sue me because they know i won't be there to defend myself in court?
Of course they can sue you, with or without a good reason. And if you are not represented in court you might lose a civil case without doing anything wrong.
In a civil case that person would have a ...
- 35.4k
2
votes
As an indie game developer who sells game in Steam, can someone overseas sue me because they know i won't be there to defend myself in court?
If you do something that harms someone, they can sue you
If that harm takes place in a foreign country, they can sue you in that country.
This has nothing in particular to do with games or software ...
- 226k
0
votes
In a civil case in a federal US court, can I serve the lawsuit upon a lawyer who is representing the defendant in another case?
Only if the lawyer were the Registered Agent for a company, or were ordered to accept service for his client by the client
Since John Doe is not a company, and Sue Yoo is not the registered Agent, you ...
- 45.2k
2
votes
In a civil case in a federal US court, can I serve the lawsuit upon a lawyer who is representing the defendant in another case?
england-and-wales
You can't, unless you first obtain the court's permission. The rules for service are set out in Part 6 of the Civil Procedure Rules.
CPR 6.3 sets out the permitted methods of service ...
- 10.2k
7
votes
Can you start a legal-defense fund for an unnamed alleged criminal for a crime not yet committed?
There are many legal-defense funds set up prospectively, for as-of-yet unidentified and uncommitted offences or other legal actions.
As just one example of many, see the Repro Legal Defense Fund, ...
- 72.6k
3
votes
Would a student have any valid claim to freedom of speech if a school prevented him giving out condoms?
I don't think freedom of speech would stretch so far as to allow one to insist they be able to hand out items like condoms when the primary motive was not speech but for people to use the items?
The ...
- 40.1k
2
votes
Accepted
Could a judge sentence a criminal to nothing?
united-states
In the United States there are several caveats to answer this question.
First, both at the federal and at most state levels, there are minimum sentencing policies. This usually ...
- 144
0
votes
Would a student have any valid claim to freedom of speech if a school prevented him giving out condoms?
Does the school receive government funding?
If it doesn’t, then it is not an arm of government and the First Amendment doesn’t apply.
But that’s boring, so let’s assume it does.
He certainly has an ...
- 226k
5
votes
In case of a Presidential Pardon covering a period are newly discovered crimes pardoned too?
Yes. It’s well established that a pardon can be issued before charges are brought, in which case nobody knows what the final charges would be even if the specific instance is known. The general ...
- 2,205
8
votes
Accepted
In case of a Presidential Pardon covering a period are newly discovered crimes pardoned too?
It is clear that a pardon can be given for crimes not yet charged. It has not yet been decided whether a pardon can be given for unspecified offences, although it has been done before.
Article II, ...
- 72.6k
12
votes
Could a judge sentence a criminal to nothing?
germany
Exactly that happened in a spectacular case in 2002 which was widely discussed. The setting resembled the basic premise of the TV series 24: How far can — or must! — a policeman go to prevent ...
- 6,538
13
votes
Could a judge sentence a criminal to nothing?
Yes
new-south-wales
s10(1) of the Crimes (Sentencing Procedure) Act 1999 allows a court to not record a conviction against a guilty defendant, with or without a Conditional Release Order (CRO) or an ...
- 226k
22
votes
Could a judge sentence a criminal to nothing?
canada
The judge may enter an absolute discharge. See Section 730 of the Criminal Code.
730 (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other ...
- 72.6k
2
votes
Accepted
A question on couriers and liability in the United States?
Are they a common carrier or a contract carrier?
A common carrier carries goods or people for the general public without discrimination for the "public convenience and necessity." Public ...
- 226k
-1
votes
Why do sex toy companies label their products as Novelty or 'External Use' while clearly marketing them as otherwise?
My guess would be that the "not for internal use" disclaimer is an attempt to evade product liability/personal injury claims. A personal injury claim from a faulty product injuring a person'...
- 726
3
votes
Accepted
Can the Vice President of the United States issue pardons while exercising the powers of the Presidency?
Yes. This flows from a plain reading of the text of the Twenty-Fifth Amendment and is consistent with an opinion from the Office of Legal Counsel.
The relevant text of the Twenty-Fifth Amendment ...
- 72.6k
-2
votes
Can the Vice President of the United States issue pardons while exercising the powers of the Presidency?
... such powers and duties shall be discharged by the Vice President as Acting President
The vice President is the President for the duration of the President's incapacity.
- 226k
4
votes
Are there laws against over-complying with a subpoena?
united-kingdomeuropean-union
Yes, ACME can be sued by its other clients for releasing their information. To divulge that information ACME needs to establish at least one out of the six lawful bases ...
- 10.2k
1
vote
US presidential succession, illness followed by death
Q: Can this be done virtually so long as the declaration is in writing?
Operation of the Twenty-Fifth Amendment Respecting Presidential Succession, Office of Legal Council memorandum, June 14, 1985
A ...
- 207
3
votes
Is there any reported instance of a member of the U.S. military disobeying an order on the grounds that it was unlawful?
Hugh Thompson Jr.
He is credited with ending the Mỹ Lai Massacre of the South Vietnamese village known as Sơn Mỹ on March 16, 1968, alongside Glenn Andreotta and Lawrence Colburn.
Thompson: What's ...
- 226k
-2
votes
Why do sex toy companies label their products as Novelty or 'External Use' while clearly marketing them as otherwise?
My understanding has always been not to be consumed or swallowed. It is normally used for medicines. For physical objects, I would assume that putting in your ear, nose, mouth etc is still external ...
- 285
2
votes
If someone has been found guilty of a crime by a court but not yet been sentenced, are they really convicted?
new-york
New York's criminal procedure law doesn't address specifically whether a defendant who has been convicted but not yet sentenced may be called "a convict" (presumably because it does ...
- 40.1k
0
votes
If someone has been found guilty of a crime by a court but not yet been sentenced, are they really convicted?
The lawyer is correct - in the USA following the jury returning a verdict the judge then deals with post trial motions and the sentencing, until that is complete then legally there is no conviction.
...
- 180
1
vote
Why *must* a defendant be present during a criminal trial?
The interpretation of the Right as being non-optional, makes sense if you understand that the first 8 Amendments are defending against a corrupt government.
Free Speech (government can’t make it a ...
- 2,205
3
votes
Is this tv show example of hearsay actually hearsay?
The hearsay rule applies to an introduction of evidence or a supposed confirmation of an alleged fact. So let's explore this scenario.
Funaro relates that Moya contacted him to obtain a habeas ...
- 734
20
votes
How do rich people not pay inheritance taxes?
Short Answer
How come the inherited net worth of billionaires is the same as if
they didn't pay taxes at all?
Capital gains accrued at death are tax free. And, there are relatively easy ways to ...
- 239k
4
votes
How do rich people not pay inheritance taxes?
You would expect from a capital gains tax on the sale of the inheritance plus the inheritance tax itself that 90% of this would be taxed and $5b at most would be left. In reality her net worth is ...
- 4,642
0
votes
Can the United States Government ban access to certain websites/services?
You haven't provided the reason for the proposed ban, but there are definitely some cases in which it allowed. For example, the Russian Ministry of Defense website is banned by the US government.
- 103
22
votes
Wouldn't the ban of TikTok violate freedom of speech?
Who's speaking? Not Tiktok.
Congress may not make a law that bans protected speech, but the proposed law is not about the speech of Tiktok, it's all about commerce: it just bans a company from ...
- 45.2k
35
votes
Wouldn't the ban of TikTok violate freedom of speech?
In the case of a proposed TikTok ban (at least by the U.S., other country's reasons may vary), the ban is not primarily directed at the content provided by the TikTok users. Indeed, generally, ...
- 239k
3
votes
Is this tv show example of hearsay actually hearsay?
Prima facie, it's all hearsay
The question "Why did you subpoena Glory Days?" is problematic unless its answer is strictly limited to what Haller knew or experienced, like "I thought ...
- 226k
2
votes
Is insurance required to pay for urgent care?
In the United States of America, are all urgent care's covered by
insurance?
No.
This is a determination for the insurance company and the urgent care provider to reach mutually. The urgent care is ...
- 239k
10
votes
Is this tv show example of hearsay actually hearsay?
the purpose is just as obviously not to prove the veracity of those
statements
Not at all obvious. All of the persons who allegedly made the statements were not in court testifying.
The underlying ...
- 239k
0
votes
What legal restrictions apply to the use of public data accessed through APIs?
Contract Law
In common law jurisdictions the licence for use to the API is a contract. That contract comes with terms (TOS). Breaching those terms is a contract violation which the innocent party can ...
- 226k
5
votes
If someone has been found guilty of a crime by a court but not yet been sentenced, are they really convicted?
england-and-wales
Conviction happens when you are found guilty. Sentencing is a separate step that happens afterwards. Being convicted is not dependent on being sentenced.
See for example Section 2 of ...
- 10.2k
14
votes
If someone has been found guilty of a crime by a court but not yet been sentenced, are they really convicted?
Oxford English Dictionary defines "convicted" as:
Proved or found guilty; condemned.
The American and English Encyclopaedia of Law (1898):
Convicted Felon. ... Convicted. ... 1. The word &...
- 72.6k
6
votes
Why are in-house counsels not allowed to defend a defendant?
According to Bruce Cutler's Wikipedia article, prosecution presented evidence that Cutler was aware of criminal activity; and such knowledge is not privileged, so Cutler could be called as a witness.
- 161
4
votes
Accepted
What happens if a client involved in active litigation disappears?
The lawyer can continue to represent the client actively, in hope of receiving future contact from the client, or can ask the court for permission to withdraw from representing the client, following ...
- 239k
-6
votes
Is it a felony to give a child a jump rope in Wisconsin?
Makes sense to me.
I'm not a lawyer, but if you gave a jump rope to someone so that they can use it as a weapon, it makes sense that it'd be legally classified as a deadly weapon. If you wrap it ...
- 1,850
7
votes
Accepted
Is it a felony to give a child a jump rope in Wisconsin?
I'm pretty sure a jump rope is effectively two pieces of plastic attached by a length of rope.
Pretty much, yes.
So are we to arrest all those filthy felonious parents who encourage their kids to ...
- 40.1k
1
vote
Can a winner of a group lawsuit agree to forgo a portion of their recovery in return for a personal payment?
In your comment, you ask:
What is the goal of the liquidator?
The goal is something along the lines of "maximize the creditors' value". Remember, the overwhelming majority of "...
- 2,347
3
votes
Can the Attorney General, with a cooperating president, naturalize all undocumented immigrants?
Sole authority does not mean plenary authority, even though in ordinary usage it connotes so. "Sole" implies only "only", i.e., to the exclusion of other officials or institutions; ...
- 6,401
-1
votes
What happens if a minor signs a contract, benefits from it, then attempts to void it before required to make a payment?
A minor or their guardian can legally void any contract up to some time after their 18th birthday. (USA, other countries are similar). Nothing you can do.
So you need to take this into account when ...
- 35.4k
8
votes
Can the Attorney General, with a cooperating president, naturalize all undocumented immigrants?
No. The statute sets out requirements for naturalization, and does not allow anyone to be naturalized that does not meet the requirements set out in statute. The statutes regarding naturalization are ...
- 2,849
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