87
votes
Accepted
What crimes did Rosenbaum commit when he engaged Rittenhouse?
NPR left out things that don't fit their narrative.
According to testimony presented during the trial, from both Rittenhouse and Ryan Balch, Rosenbaum had told their group that “If I catch any of you ...
41
votes
Accepted
What are the limits of religious freedom in the workplace?
The EEOC web site has much information on this topic including summaries of close cases that have been decided in court.
To determine whether allowing or continuing to permit an employee to pray, ...
22
votes
Accepted
Is it legal in the US to leave a gun in the hands of a minor without oversight?
Aiden4's answer about Winconsin's statute 948.60 is correct, but incomplete and the complete reason is interesting/funny, so I'll expand on it:
The statute reads:
948.60 Possession of a dangerous ...
18
votes
What crimes did Rosenbaum commit when he engaged Rittenhouse?
Johnny Hurley shot and killed Ronald Troyke after Troyke had shot and killed Officer Gordon Beesley. Hurley was shot and killed by Officer Kraig Brownlow. Hurley has been declared a hero by various ...
16
votes
Is it legal in the US to leave a gun in the hands of a minor without oversight?
Those blogs are half right. The relevant federal statute is 18 U.S.C. § 922(x). I won't reproduce it here for brevity, but it prohibits minors from possessing or purchasing handguns*, with some ...
15
votes
Accepted
Can killing be "self-defense" if you are committing a crime yourself?
Engaging in unlawful conduct does not completely preclude a claim of self-defense under Wisconsin law
...but it does raise the bar in some circumstances:
Criminal conduct by the defendant removes the ...
13
votes
What crimes did Rosenbaum commit when he engaged Rittenhouse?
No Criminal Inference
It is not possible to conclude that a crime was committed just because someone discharged a firearm in self-defense. We need look no further than Gaige Grossgkreutz. He claimed ...
11
votes
Could I get the money I paid to park back?
No. A ruling denying your appeal would imply a ruling that your evidence was not credible and that they concluded that you hadn't paid for the parking time, or that the time you had paid for had ...
10
votes
Accepted
Is propensity evidence ever allowed as circumstantial evidence?
The short answer is that propensity evidence can only be circumstantial evidence and that it is generally inadmissible.
But we should start by clarifying what "circumstantial evidence" means....
9
votes
Accepted
Can the law limit what heath care providers I see if I have commercial and medicaid?
This is "Topic #601" in various ForwardHealth interpretative statements about BadgerCare Plus and Medicaid. The last 3 paragraphs say:
When commercial health insurance plans require members ...
9
votes
My bank sold a local branch to another bank, including my accounts, without my permission. Is that legal?
Contracts are transferrable
The default rule is that the rights and obligations that one person holds under a contract (your original bank) can be transferred to any other person (your new bank). This ...
9
votes
What crimes did Rosenbaum commit when he engaged Rittenhouse?
The attempt to "grab" the gun might have been charged as assault. Whether a prosecutor would have brought such a charge, and whether a jury would have convicted, is impossible to say. But ...
8
votes
Is propensity evidence ever allowed as circumstantial evidence?
For convenience, I am listing federal rules of evidence, but Wisconsin would have substantially similar rules.
The law makes no real distinction between direct and circumstantial evidence. But many ...
7
votes
Accepted
Does a landlord legally have to charge me pet rent, if they charge for other pets?
I do not believe that there is any such law, although it is conceivable that the landlord is confused about what laws, generally called "non-discrimination laws" actually require.
It may be ...
6
votes
Accepted
Insurance-Provided Rental Car After No-Fault Accident
As a former rental car employee I can explain why this is. Cars that are rented to customers for insurance reasons (accidents, etc) are supposed to match the size of the car that was damaged as close ...
6
votes
Accepted
Animal rights mouse issue
You can’t make a contract for an unlawful purpose
If you make an agreement where one party will do X, and X is illegal, then you don’t have a contract and no one has any enforceable rights. So, if the ...
5
votes
Accepted
How does context nullify the Rittenhouse self-defense?
None of this affects a claim of self-defense
I've described elsewhere the things that do affect a self-defense claim in Wisconsin. These do not affect it.
Protesters
I'm not sure what you mean by ...
5
votes
Can multiple states demand income tax from an LLC?
I wouldn't be surprised to see other states and jurisdictions with similar statutes.
Fortunately, in the United States, there is a safe harbor against demands for state income taxes: For every dollar ...
5
votes
landlord having neighbor stalk the property
Approach the neighbor in your yard and ask him to leave. You are the tenant, you have full rights to do so. Once he refuses to leave he is a trespasser and you can call the police to take care of him, ...
5
votes
Accepted
How can I liquidate alcohol as part of an estate in the US?
With forms AT-108 and AT-900 the license may be transferred to the personal representative and then the entire stock can be liquidated to any other license holding establishment.
Licenses may be ...
5
votes
What authority do governors exercise to impose mask mandates?
There are 50 separate answers: here is the answer for Wisconsin, which you specifically asked about. The order is here: it cites the fact that
Section 323.12(4)(b) of the Wisconsin Statutes ...
5
votes
My bank sold a local branch to another bank, including my accounts, without my permission. Is that legal?
My first knowledge of it was that my debit card was declined.
That is probably the only thing that you have legal standing to complain about.
As pointed by Dale M, contracts can be transferred unless ...
5
votes
Can a judge's decision to admit or not to admit "character evidence" under Wis. Stat. § 904.04 be challenged (on appeal)?
Acquittals in criminal jury trials cannot be appealed (at least in a way that affects the outcome, Colorado and a few other states allow criminal appeals by the prosecution solely for the purposes of ...
4
votes
Public accommodation arbitrary refusal of service example?
It is entirely legal to discriminate on arbitrary grounds. What is not legal is to discriminate on the basis of a protected category, for example race. The law say that you cannot favor or disfavor a ...
4
votes
Accepted
Is the presence of a melee weapon such as a knife enough legal justification for a police man to shoot the possessor of the knife?
The mere presence of a weapon is probably not, on its own, justification to shoot the possessor. Ultimately, the actions will be judged under the totality of the circumstances related to the shooting. ...
4
votes
Can a minor possess an AR-15 rifle in Wisconsin?
I used photoshop to do rough calculations. Using Kyle's height as a reference point (162cm / 5ft 4"), as this is what was listed on his arrest warrant. I roughly measured his rifle to be 80cm (31....
4
votes
Can the law limit what heath care providers I see if I have commercial and medicaid?
Yes, the law can make such limits
For another common example, an unlicensed person often cannot enforce payment if they carry out building work performed that requires a licence.
It's worth being ...
4
votes
Accepted
Could I get the money I paid to park back?
No. To claim a refund of the parking fees, you would need to claim you actually paid them. The moment that is proven, the citation becomes invalid and unenforceable.
There is no use-case where both ...
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